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HomeMy WebLinkAbout120-00 RESOLUTION• RESOLUTION NO. ] 20-00 MICROFILMED A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $243,473, PLUS A PROJECT CONTINGENCY AMOUNT OF $36,520, TO HARRISON DAVIS CONSTRUCTION COMPANY FOR THE "ERNEST LANCASTER DRIVE EXTENSION" PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A GRANT UPON FAA'S APPROVAL AND TO EXECUTE SAID GRANT UPON RECEIPT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby awards a construction contract in the amount of $243,473, plus a 15% project contingency amount of $36,520, to Harrison Davis Construction Company for the "Emest Lancaster Drive Extension" project; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and "B" and made a part hereof. Section 2. That the City Council hereby authorizes the Mayor and City Clerk to accept a grant upon FAA's approval and to execute said grant upon receipt for this project. A copy of the grant is attached hereto marked Exhibit "C" and made a part hereof. 3Ai$ I? AND APPROVED this 51° day of September , 2000. %% APPROVED• i.•..- ATTEST: By: ( eather Woodruff, City FL Hanna, Mayor NAME OF FILE: CROSS REFERENCE: /2D-Dc9 0 Date Contents of File Initials '7500 e� /yea- o 1-S-0 £XNiazr .X" (,, D d) 5-2/06 e)(4.18Z7l :: s s. ))67,04la .i/', A .a Jt/n" ( l -eo K %i'DO R42-00 Yfro . //�i�Jff��j/// Di.�2rea E.PyEs //�J�� Sa Ob%Oirno al- / • EXHIBIT A Exp SECTION 00500 e0A CONTRACT THIS AGREEMENT, made and entered into on the 5 day of ‘rtiowneute.t, 2000,by and between Harrison Davis Construction, Co. Inc. herein called the Contractor, and the City of Fayetteville, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Ernest Lancaster Drive Extension, dated April, 2000, including: Advertisements for Bids; Addenda; Instructions to Bidders; General Provisions; Special Provisions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. Sheets 1 through 10 2 That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 150 calendar days. 3 That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: Two Hundred Forty -Three Thousand, Four Hundred and Seventy -Three Dollars and No Cents. ($243,473.00) 4 That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Provisions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. FY992164 Drake Field Lancaster Drive Extension Section 00500 - 1 • 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 6. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Provisions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 2 for Completion. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, material, men, 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. FY992164 Drake Field Lancaster Drive Extension Section 00500 - 2 • • 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in four (4) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: ATTEST: ecre ary4�� Ap roved as o orm: C.. Att me for Owner Harrison Davis Construction Co., ma 3E� Title Inc: City Of Fayetteville Owner By Mayor Title FY992164 Drake Field Lancaster Drive Extension Section 00500 - 3 L 'm F c i 1 Unit Price Extended' $88S$8$$$8$88888m888x8.88888 U N N {� N O N N N N mVVV < MMMM O N 0 p O N N l09 f O O N ft w S M i N S h 1� N » g N I� 535.420.00 8888 < ;15 Y 0 N (p C 'n .nkro.— »24-9•2»2»2»3422 -t00 524.00 $§0W58$$$gN w 4i w w w 8, n 43g O € E N 1 Unit Price Extended I 54,82.5.00_ I 8 5NflN4"»$1» 524576.00 1 $2$$$$$22$$ S88880p4 8888888888 51.468.32 5500.00 8188888« 5l"8"Wh » " nN w $29:,605.50 f 524.000.00 0 T O 88. pS M N .524876.00 88 N m8 N m8S8S N " N N N 8 "» N 1$19.40 x8 a 51,400.00 ^S8888v'im�§ N " N $� N N " N N 8 N 4 F L Unit Price Extended 53,975.00 ym8�8 N "4"12'269 N N pp8�pp88888 O� M < m M M N N 1"Y N O N 52520.00 I 8888 RI? N 0 6 N 51,428_00 pp 888888 m N n 0 M V OA N" n 51.875.00 88888 I� < K 8 N 234.630.00 1 288 E“ Id'1 M p n M p O n n M CI b N w 888 KNNNM»NHMN5M»Wa2M 8 h 8 ^ 8 _Nn0QNIf0m2'ry,..i 8 88 15255.00 1 C M432N222 <, 06 8 IS eetser Construction Unit Price Extended 8 » 00'009'95 I m. w $11.200.00 $43.200.00 $$$$$$$$$$$$88.8$88.888.8.8g g8igl8Sgo8SipQ88 Ni NNN MYNyMMb-a 8 8 8, 88 8 533.615.00 8 4 wN „ N r N §.§.§8800212$"08§8W" » 888 8 8 0 gp 8 N N 521.184.00 I i8$$$88 221»31» pp 8 80 D p 80 O pp 0 O p m8 n p O8 8 31,000.00 y8 "a 8 1'1 5300.00 p yp8 W "a„» p S8 N p 8 0, p 8 $1.388.00 $500.00 p 88 N »"»»»2200' p 8 N p p8 8 p p8 8 p p$ 8 pN S$ N pN ��8 I0 pN In N p 8 N ,906.75 EXHIBIT B NOTICE OF SELECTION TO: Harrison Davis Construction Co., Inc PROJECT DESCRIPTION. Ernest Lancaster Drive Extension The GWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 21, 2000 and Instructions to Bidders. You are hereby notified that your BID of$ 243,473.00 has been selected for consideration by the Fayetteville City Council. You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. Furnish six original copies of each document leaving the Contract and Bonds undated. If you fail to execute said Contract and to furnish said BONDS and certificates within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all this rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF SELECTION to the OWNER Dated this 22nd day of August, 2000. McCLELLAND CONSULTIN ENGINEERS, INC. By Arnold D. Rankins Title Project Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged by 11i474,--1-So�/ -tp'tC CAt;F OGT -Te ✓ 000 . 2./C, this the 2Q IVO f day of ir/i/5 Li Bim_ i/i..., Title 7 Syr t- 7 FY992164 Ernest Lancaster Drive Extension , 2000. �1 U.S. Department of Transportation Federal Aviation Administration • • EXHIBIT C GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART I -OFFER Date of Offer: September 14, 2000 Project No. 3-05-0020-28-00 Airport: Fayetteville Municipal (Drake Field) Contract No. DOT FA 00 SW -8018 TO: City of Fayetteville (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated September 8, 2000, for a grant of Federal funds for a project for development of Fayetteville Municipal (Drake Field) (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Extend Access Road 11� CO 7-710 all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FAA Form 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 1 of 5 Pages AX oaf AG -h • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, herein called "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions I . The maximum obligation of the United States payable under this offer shall be 5306,658.00. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Title 49 U.S.C. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 2000, or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. 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 or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto. 11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation , and will advise FAA Form 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 2 of 5 Pages the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 13. The Sponsor agrees to perform the following, if this project contains more than S250,000 of paving: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit, at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate 14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as Sponsor Contracts. 15. The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards. The sponsor must provide for continuous operation and maintenance of such, or alternate courses of action. The future Y2K awareness, assessment (including associated testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work for the automated data processing subject to this grant agreement. FAA Form 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 3 of 5 Pages • 96 • The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTR: TION Edward N. Agnew, Manager Arkansas/Oklahoma Airports Deve opm nt Office FAA Fomi 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 4 of 5 Pages • r PART II - ACCEPTANCE • The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this (SEAL) 2 I ST day of StRom-ni gee 20 . City of Fayetteville (Name of Sgonsor) By: (Sg6n'sor's Designated Oft-'ntative) Title: fyi A>I p Attest. Title: A / _0/ el T74eY CERTIFICATE OF SPONSOR'S ATTORNEY 1, Q J( f s ensp7 , acting as Attomey for the Sponsor do hereby certify: /I' ' ' That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of CAIEl4S . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at agrallajualAZOrbeitis _lsr day of c>rr erni3 ,20 Q ') . 4 gnature o Sponso 's Attorney) FAA Form 5100-37 (10-89) Development or Noise Program ASW Fonn 5100-37 (1-99) Page 5 of 5 Pages 3 -AP -PLICATION FOR F..EDERAL ASSISTANCE • L WTI WIYtssCM: tC.t,a, a.co.,tt,clo, p rtn-Cm,n.nm Prnoo1 Clnon 0 CMS,/ v001 6_. ,M ..c.�., 1.0+71 !UaMTTZD 8-25-2000 p t ,-Con.,r.<,4n L Curt RtCZIY(D .I narE Apdy� Rid No. 2000-57 Suit AOlcaCo, Yfenm.r 4 Dart R[.[MD lY T(Dt&AL aat)CY SEP 12 2000 Federal bw,tder AIP3-05-0020-2800 •PAt,CL,T W.O.WTIOf L.g.l Nam.. City Of Fayetteville asn.l.Imal uM1 City Of Fayetteville Adgrrd (gee Cory. Minty. flan. And Pp code). 113 W. Mountain Street Fayetteville, Washington County Arkansas, 72701 N.rM and tet.0,u'v num( aro 01 m. parson In to m+,.c..d r nutted rnGnfc mu..pptc.Ion [gr . Area cola) Alett Little, Airport Manager 501-575-8305 t. DnLOYTA iO NTIF1aT10M MW.fR Vt.1: 7 1J - 6 0 1 8 4 , 6 2 1. TYPE OF AIRIICAfO.t 0 Carttittut non ❑ Paition t R..ieaL w,w .pptwpi.ts lsnw(l) n ooal.11: 0 ❑ A. increase A .rd S. OW -Masa A..td D. O.o+aa. Dur.tron Otn.r (wooly): C. kora. Canto, 1. TYPE W APPUC..M: A. Slat. B. Counry C. AAc,iip.l O. To;nwo E. Intartan F. t,tam.nood O So.o.d Cizrct lawns( /OYOpn.w Sr,., in boil N Ytd.p..tdent Scrod Old 1. Stout Controlled Intotyn, or Nqn.. Laming .1. Prods Linn -wiry X. k,di.n Tana L Mivw.l M. Profit Croanloi (ion N. Orn.. (Soddy)' I. NAMA OV MOLAL AOTNCt.. DOT FAA SW Region, Ft. Worth Texas It CAI.LOO o. FED( Put DON t fC ASVSTANCZ MUw.tll 2 0 • 1 l 0 1 TRU Airport Improvement Program IL LIMAS WICTID SY IrROJICt (don. carnet,. stares. incl. Washington County, Arkansas 1P E2t i'It Perimeter Road 1111.1 OP ExtensionCr: Paving, Drainage and Grading Improvements to Drake Field ti MOOCISO nnO.JICT: 11. COno.EluJO.uL DtST11Cn Os: Stat Data 8-30-00 Ending Colo 3-15-01 • Aod'unt Third D. Project Third ti t1TaAT,D FUNDIND: 1. F.d.nl 1 306,658 m fA c Smut $ 17,037 dw d loud 1 17,536 -00 . oder 11. tt AMtCATION WartCT TO N(YttW SY SIAM (IICDnVZ ORD° inn MOCESST a. TES THIS PREAPPUCAnCNrAPPVGTION WAS MAGE AVAI{JRI r TO THE STATE ECECUf1VE CROEP 17]77 PpIrtzscs FOA REVIEW ON. DATE O NO. 0 PROC+RAAI 6 NOT COVERED BY EO 12372 ❑ OR PROGRAM MAS NOT SEEN SELECTED BY STATE FOR REYI€W I. Ptopnn Rvn. 1 db q TOTAL 1 341,231 ; '00 17. ■ TNt awL CANT DCaOUDR at ANY FEDERAL can ❑ Tit e N 'Y.i: amts, .n wcolan.tion. No it 10 TM LUST W WY tt1,OW141XIt AND $LLJtP. ALL DATA M TMIS AMtJCAT1O04.r, tAJ.UCAt1O . Ant TRV( AND tbRR1 CT. ltft DOC I tMT MAS MN DULY AtlfMOat7ID tY let ODYntwlwa Won d 11,( A/RVCANT AND Thr( AP.UCANT RILL COr.PLY MRM TMt AmatD ASSURANCtl V TM wawa a AwARD(D ` Typal Mord of AUD,en"d R.°"•.nutn. Fred Hanna D Titbit Mayor c Ttktr ay2T 7 7 DD d. Signiors or Au cv,ud R.dwt1.1n7 Peeved Emtnnt}tot uuwe Authorized for Local Reproduction • Dolt S•gned SEP 08MOO SLandatt 0.m .24 ," cv ,.," p•e+vm.d oy OMB C.rc_ a s-' 2 ' DVA'RTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION • PART II • PROJECT APPROVAL INFORMATION SECTION A oMe NO. to-no18. Item I. Docs this ossistonce request require State, tocol, regionol, or other priority rating? Yes x No Nome of Governing Body Priority Rating Item 2. Does this ossistonce request require State, or local advisory, educational or health clearances? Nome of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse revie in accordance with OMB Circular A-95? X Yes No (Attoch Comments) Item 4. Does this ossistonce request require State, local, regional or other planning approval? Yes x No Nome of Approving Agency Dote Item 5. Is the proposed project covered by an approved Check one: State f—f comprehensive pion? Local I—] Regional [] Yes X No Location of plan Item 6. Will the assistance requested serve a Federal installation? Yes X Name of Federal Installation No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? Yes Nome of Federal Installation Location of Federal Land X No Percent of Project Item 8. Will the assistance requested hove an impact or effect on the environment? Yes X N0 See instruction for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Yes X No Number of: Individual s Families Businesses Forms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-100 16.731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART 1I - SECTION C (SECTION B OMITTED) OMB NO. 04-110209 The Sponsor hereby represents and certifies as follows: I. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The sponsor ha's adopted Drake Field Ordinance 2697 which regulates and restricts all land use.Activities in.the Vicinity of Drake Field. This ordinance was adopted January 20, 1980. 4. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport. except as stated herewith: :3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceeding) which in reasonable probability might make it imoosible for the Sponsor to carry oat and complete the Project or carry out the provisions of Part V of this Application, tither by limiting its legal or Gnanciai ability or otherwise. except as follows: 4. Land.—(a) The Sponsor holds the following property interest in the following areas of land" which are to be developed or used as part of or in connection with the .Airport, subject to the following exceptions. encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit -A": The sponsor hold fee simple title to Tract's A,B, and C and Avaigation • Easements on Tract's D,E,F,G,H,I, and J. These were approved under previous projects. This status has not changed since approval. "State character of property interest in each area and list and identify for each all exceptions, encumbrancer, and aduerse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the arta numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • • DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04 R0209 PART II - SECTION C (Continued) The Spousur further certifier that the slime i, hand uu a title examination lie a qualified al Lorne\ such ;thorny% Or title compam ha,‘ determined Ileal the .`pori -or hold, the allot e properly intere?lt. (b) elle `ponsor will acquire within a rea'oI,JlIr time. but In any went prior to the start of am construction wnrl, und• r the Project_ the following pruperlc interest in the following area; of laud` on which such con>lruction work is to be performed. all of which area, are identified on the aforementioned property map designated a- I.xhiLil "A": or title compare and that None (c) The `punsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under the Project. the following pruperlc interest in the following area: of land' which are to be developed or used a: part of or in connection with the Airport a. it will he upon completion of the Project. all of which area; are identified on the aforementioned properly map designated as Exhibit "A None 5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of arc aeronautical activity at any airport owned or controlled by the Rights.—There except as follows: None *Stale character of property interest in each area and list and identify for each all exceptions, encumbrances. and adverse interests of every kind and nature, including liens, easements. leases, etc. The separate areas of land need only be identified here by the area numbers•shown on the property map. FAA Form 5100-100 (406) Page 3b • • DEPARTMENT OF TRANSPORTATION - •RAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION 1 O"B +.D 6PC; ,.. FAA For. 5100-100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 SECTION A — GENERAL I. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.101 AIP SECTION B - CALCULATION OF FEDERAL GRANT Cosi Chis, ll icor .on Use only to. re on, To,01 Amount Required Late a Approved Amoam Adrus,m<m 1. Adornisuation expense S 1,000 S S 2. Peel,:oinary expense 3. La1:d,s;ruclures. right-of-way 4. Architectural engineering basic fees 65,804 5. Other architectural engineering lees Testing, S taking 3,824 6. Project inspection fees 27, 130 1- Land development 8. Relocation Expenses 9. Relocation payments to Individuals ano Businesses 10. Demolition add removal 1, 500 11. Construction and project improvement 241,973 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 341, 231 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (500) 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 340, 731 20. Federal Share requested of Line 19 306 658 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 8 21) 306, 658 23. Grantee share 17.536 24. Other shares State of Arkansas 17,037 25. Total project (Lines 22. 23 8 24) S 341,231 S S FAA For. 5100-100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 • DEPARTMENT OF TRANSPORTATIONE DER AL AVIAT • tOa IO PAGES 1 THHU Poge 5 SECTION C - EXCLUSIONS CIo..,I.ro,.on 16 Inc Lglble lo' Pon lc:poi ton (I) Cons,,genr, P.e...ion (2' 0 5 S b c d e. 9 Totals 5 5 SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Shale S a. Securities h. Mortgages c. Appropriations (By Applicant) 1,z6 d. Bonds 17, e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 17,536 28. Other Shares a. Slate 17,037 b. Other c. Total Other Shares 17, 037 29. TOTAL 5 34,573 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) tOa IO PAGES 1 THHU Poge 5 ]�i\n ,� r i -� •-•Si_ { fi. --- a \ I� _f. _Y • Z! A \ xft ` I.1.. ii { 1� ; f.('! it f. r1` a "• 1I1, I. /. !!. •,, .,, 1.-. ..L .. .. .J ♦ i.. :to r IrI. II ;t• u `I dl • €• 'U l • • PART V ASSURANCES Airport Sponsors k General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein. the term 'public agency sponsor means a public agency with control of a public -use airport; the term "private sponsor means a private owner of a pubic -use airport and the term 'sponsor includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement 8. Duration and Applicability. 1. Airport development or Nolse Compatibility Program Projects Undertaken by a Public Agency Sponsor. The teens, conditions and assurances of the grant agreement shall main in hill force and effect throughout the useful fife of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the dated acceptance d a grant offer of Federal funds for the project. However. there shall be no limit on the duration of the assurances regarding Exduskve Rights and Airport Revenue so long as the airport is used as an airport There shall be no Penin on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified In the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful lie of project items Installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than len (10) years from the date of acceptance of Federal ald for the project 3. Airport Planning Undertaken by a Sponsor. Unless otherwise speed in the grant agreement, ony Assurances 1, 2. 3, 5, 6, 13, 18, 30, 32, 33, and 34 In section C apply to planning projects. The terns. conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines. and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49. U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a). et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201. et seq. d. Hatch Act - 5 U.S.C. 1501 et seq,2 e. Uniform Relocation Acctctance and Real Property Acquisition Policies Act of 1970 Tolle 42 U.S.C. 4601 et seo.1 2 f. National Historic Preservation Act d 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001 et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 40128.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(Q) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Ad of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101 et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151 et seq,1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et sero) t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 et seq.1 v. Wild and Scenic Rivers Ad, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Assurances (9/99) V-1 5. Preserving Rights and Powers. a, it will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terns, caWitions, and assurances in the grant agreement without the written approval of the Secretary, and win act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would Interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or other wise transfer or dispose of any part of its fine or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project. that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsoes interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement c. For an noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same teens, auditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will lake steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement d. For noise compatibility program projects to be carried out on privatey owned property, it win enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the Slate in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. B. Consultation with Users. In making a decision to undertake any airport development project under Title 49. United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or rummy location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed. constructed, and operated so as to comply with applicable air and water quality standards, In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1. 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from ainxaft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of Mal portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used. it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. Airport Assurances (9199) V-3 22. Economic Nondiscrimination. a. It will make the airport available as an airport for pudic use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor maybe allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable dassifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations sututantIally similar to those already imposed on air carriers in such classification or status. I. It will not exercise or grant any right or privilege which operates to prevent any person, fine, or corporation operating aircraft on the airport from performing any services on its own aircraft with its awn employees fincluding, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply. a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport It further agrees that it will not, either directly or indirectly, grant or permit any person, fine, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it wit terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal sham of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49. United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Airport Assurances (9/99) V-5 0 • b. If a change a alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, a is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor a any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States sham of acquisition of such land will, at the discretion of the Secretary. 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United Stales' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit In the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport Further, land purchased with a grant received by an airport operator or owner before December 31. 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any Interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services It will award each contract, or sub -contract for program management construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project In the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act oil949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It wilt not allow funds provided under this grant to be used to fund any project which uses any product or service or a foreign country during the period in which such foreign country Is fisted by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 711199 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Pad 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement- Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may. in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 ardor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). Airport Assurances (9/99) V-7 I CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 NUMBER TITLE 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-268, CHG 1 & 2 Specification for L823 Plug and Receptacle. Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies 150/5345.28D, CHG 1 Precision Approach Path Indicator PAPI Systems 150/5345-39B, CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retrorellective Markers 150/5345-42C, CHG 1 - Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345.44F, CHG 1 Specification for Taxiway and Runway Sins 150/5345-45A Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 150/5345-47A Isolation Transformers for Airport Lighting Systems 15W5345 -49A Specification L854, Radio Control Equipment 150/5345-50, CHG 1 Specification for Portable Runway Lights 150/5345-51, CHG 1 Specification for Discharge -Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53A, (including addendum) Airport Lighting Equipment Certification Program 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing & Graphics 150/5360-13, CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 150/5370-10A CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 Standards for Specifying Construction of Airports 150/5390-2A Heliport Design 150/5390-3 Vertiport Design The following apply to AIP Projects only NUMBER TITLE 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Pr jects 150/5200-30A, CHG 1 & 2 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370-11, CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-6B Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only NUMBER TITLE 150/5000.12 Announcement of Availability - Passenger Facility Charge (PFC) Application FAA Form 5500-1) Airport Assurances (9/99) V-9 '1,PPLICATION FOR r. 0.11 suu.mTTO A[,[1un nfw FEDERAL ASSISTANCE 8-25-2000 City d No. 2000-57 I. M(a Waulaso N: I. Dan RLCtIKL1 t"r aTAT( suit AwaIon Aod,c.rro+ P.+ao',c a no IKJ Covinctan - O Conaulrclm 4. NTT .t.:tMD It ITIXMl aOV.C F.d...r tsnti4.e ❑ •� c u ciM ❑ n c co, SEP 12 2l'Atl AIP3-05-0020-2800 1. •I K.'C�MT WIQrrWMY. I_ag.I w..W OOJfstalwvI U., - City Of Fayetteville City Of Fayetteville Apdr aY (Q— Oft. ca 'ty. Ira('•. a t IrO c�d.) wVn.nd t...Wor.. numb.' of IJ% Ow to C. w'{{.b pn mar{-, n„yv N 113 W. Mountain Street ISV .OOICJ 01 WM N. 2U.f Fayetteville, Washington County Alett Little, Airport Manager Arkansas, 72701 501-575-8305 a. o.KtTYTA Ipaxilt0ArgN MW a[II I(IMI: i. TM O1 ✓ UC LMT: (MUt WG onan Nn.. n DOS) 19 A Suit H. NO.pw.'J..1I &tiaJ DIn. 17 (1 6 0 1 8 4 6(2J e Co,,nry I. Stal. COIL,tA.d YLLhR pn d H.gr.w T..n.Ing L TT.I a AI.LrJ,illHl C. Yhrcap.I J. Pn.au Urwwary D. To.matvo K hd:.n Trm. U w— O c , .uron ❑ Ra, on E. a,unul. L W o.. u.r F. a, 1.Vlnlnolp.l Y. Profit Opanlnton tt Pncn. w w awwiau I.nw(.1 %I Om(.a): ❑ ❑ a Soc.' Dact N. 0th.' (So.v(Tl. A avaaa A..rd e. D.nu.. A.vd C. bs.s. Dun1on D. D.vn Dln.tan Ovw (Ap.<rty): - I- sua.t 00 rmouA AOVC1' DOT FAA SW Region, Ft. Worth Texas It C.STLL I sowict 00sl c 2 0 , 1 0 j 1 11. 0(1O.1/TT` T flit! or AIKJCAMs P*OJt T: Perimeter Road Extension Paving, Drainage and Grading TrrLE Airport Improvement Program Improvements to Drake Field IL AnAL A/r(CTTTI IT PROJECT (abel. can,.,. sums. arc.t Washington County, Arkansas I. RRo.QItD .RnncT: II. CTT.OIRSS IQIIAi OcrI11 I CTl 01: Stan D.0 Ending Dais a Aoocant j b. PPq.ct 8-30-00 3-15-01 Third Third 1t mN.ATW 'VNo-N0: It a As.UCATC$E wu(cT TO R(vltw BY 11.11 masnvt ORO(.112311 rnousrf Fadwal s 306, 658 .m a" TES THIS P"E.PP AT CH"P#tCAT " WAS LA0C AVAILABLE To DE STATE EXECIJTTVE ORDER 12372 PROCESS FOR REVIEW OH O Apyunt 1 .00 DATE cSuu s 17,037 m O NO. ❑ PQCGRAu tS NOT COVERED BY EO. Inn a. I ( 17,536 00 ❑ OR PROGRAL HAS NOT BEEN SEIFCTID at STATE FOR REVIEW a Omer I 1. Pt..-, "mane I .Q 17. S Tw AAntCA.R DC$ C*JOC a AIR uA DOT? , ❑ Ti. . R 'TK * amarJl rI ..mtrula'+. ❑ NO g TOTAL = _ . 34 1 , 231 : D° It TO T1tl K11 0. wr tnOwttnat LAW trim. ALL OA TA a. TN '1 As.vUno....[✓nx+Tlo.t LA flu( AHO WlatClT. TW Mn ILA N DULY AUT C* IV IM OOvil WINO WOT a n.I AI.I)CIXT A.to TNt Apr r.JR w1LL CO.a Kr wrrtt TN t Afl ID A 11MAL"Gf w Tlrl Att111A.a Ii AWAROt0 `TTp.dN.m.dA.rdorlrada.yRaw�uL.. Fred Hanna ordl. Mayor cT �2 7700 a .. Dale S.gn.d ry.�1Va d AuObruwl Rapt�nul... ' ' SEP 0 8 2000 a.6O tgna NOI UYpV Lanca,C dm 124 I�C� P.YIIp.d Ot OIAB c^c-J' 1. I:) Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II .• OMB NO e0. noiea PROJECT APPROVAL INFORMATION SECTION A Item I. Does Ibis assistance request require State, local, regional, or other p: only rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health cleoronce s? Nome of Governing Body Priority Rating Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? x Yes No Item d. Does this assistance request require State, local, regional or other planning approval? Yes__X No Item 5. Is the proposed project covered by on approved comprehensive plan? Yes X Item 6. Will the assistance requested serve a Federal installation? Yes X Item 7. Will the assistance requested be on Federal land or installation? Yes X Nome of Approving Agency Dote Check one: State Local Regional No Location of plan _ Nome of Federal Installation No Federal Population benefiting from Project Name of Federal Installation Location of Federal Land_ No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or forms? Item 10. Is there other related Federal assistance on this project previous, pending, or onlicipoted? Yes X No Number of: Individual s Families Businesses Forms See instructions for additional information to be provided. FAA Form 5100.100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Onap NO. 04-n0209 PART 11 - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: I. Compatible Land Use —The Sponsor has taken the following the vicinity of the airport: actions to assure compatible usage of land adjacent to or in The sponsor has adopted Drake Field Ordinance 2697 which regulates and restricts all land use. Activities in the Vicinity of Drake Field. This ordinance was adopted January 20, 1980. 2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated hcretwith: 'i. Possible Disabilities. —There arc no facts or circumstances (including the existence of effective or proposed lenses, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other Ieval procecdinvs) which in reasonable probability might make it imoosible for the Sponsor to carry out and complete the Project or cam' out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. —(a) The Sponsor holds the following property interest in the following areas of landwhich are to be developed or used as part of or in connection with the Airport, subject to the following exceptions. encumbrances. and adverse interests, all of which areas arc identified on the aforementioned property map designated as Exhibit "A The sponsor hold fee simple title to Tract's A,B, and C and Avaigation Easements on Tract's D,E,F,G,H,I, and J. These were approved under previous projects. This status has not changed since approval. 'State character of property interest in each area and list and identify for each all exception,, encumbrances- and aduer.te interests of euery kind and nature, includin6 liens, casements, leases. etc. 7'he separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-10014.761 Page 3a I. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO OA -n010, P!\ RI II SECTION C (Conlinoed) lilt IIUIH �( Iarllll'r 1.4 rllfl(': I flat lilt' ahll' 1 ' I. II:1-r'll I III a title e.:l IIII IIJ IInll I,\ a ylljllllr'l1 Jtlorlle% or title 1I1111pa1N Allll IIWt `spell atlllrllf\ Or I ll ll Cllill ll all\ h- (Ie l('rllll lltd III:II I -pall-1 r II(1111` Ills ai, 'e Israh l'r I\ Inlerefl5. (b) iii. upon+tlr 1. ill at -quirt aithul a rcasoualilt link. lilt in JIM Cleat prior to the start of am ton=Irorrtiusl s'od, und• I the Prop cl. Ili.' fullol, ill pruperll inlcrr-1 in the fllllos. ul, arras of hull` oil I•InrIs -urll con;lruclion wort. i- to In performt(I all of 1111111 area• are identified on the aforemen l ioncd proper l( map (Ie:ig laud I.nhl of A None (c) a he >pousnr will acquire within a reasonable little, and if feasible prior to the completion of all construction work under the Project. the follol.inu property interest in lilt folluwin., area, of laud" "hicll are to lie developed or used a: part of or in connection with the Airport as it will be upon completion of the Project, all of which area; are identified oil the aforementioned propertl reap dcsi°nated as Exhibit 'A.._ None 5. Exclusive Rights. —There is no urant of an exclusive right for the conduct of an. aeronautical activity at any airport ownd n 9 e use controlled by the ,po sor except as follows: None "State character of property interest in each area and list and idea of every kind and nature, including liens, easements, leases, else. area numbers shown on the property map. for each all exceptions, encumbrances, and adverse interest, separate areas of land need only be identified here by the FAA Form 5100-100 14.761 Page 3b DEPARTMENT OF TRANSPORTATII FERAL AVIATION ADMINISTRATION • o.•e .o as PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL I. 2 Federal Domestic Asslstonce Corolog No. . Functional or Other Breokout . . .. . . . . . . . . LU. IUl . . . . AlP SECTION B — CALCULATION OF FEDERAL GRANT Cos, CI0%S.f.0011 on U e only Io •C+f lOn1 oral I AMO VnI Q�4wlfd L 0le,r AOOro•cd Amovnr Adly ),manr - a• r'j Adaln!suatlon expense S 1,000 'S S 2. Prell Illna!y expense 3. Lar:d,s,ruclures, right -oh way 4. Architectural engineering basic fees 65, 8O4 S. Other architectural engineering lees Testing, Staking 3,824 6. Project inspection lees 27, 130 1 7. Land development 8. Relocation Expenses 9. gelocallon payments to Inoivicuals ana businesses 10. Demolition add removal 1 , 5OO H. Construction and protect improvement 241 973 12. Equipment 13. Miscellaneous 14. Total (Lines I through 13) 341,231 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) I7. Less: Ineligible Exclusions (500) I8. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 34O, 73 _ 20. Federal Share requesled of Line 19 2L Add Rehabilitation Giants Requested (100 Percent) 22. Total Federal grant re pested (Lines 20 & 2]) 306,658 23. Grantee share 17,536 17,037 24. Other shares State of Arkansas 25. Total project (Lines 22. 23 824) 24) _ S 341,231 S S YAA henn 5100-100 16 73) SURERSEOES FAA FORM 5100 • i0 PACES I TNRU roge 4 1.C DEPARTMENT OF TRANSPORTATION - FEDERAL A TION A L SECTION C — EXCLUSIONS rlo,,.l .c vr.ane l.q.b le for v r .. .r oed �r>- i6 Pon c,poI,on (on ...5re n[, P.O III ______ _ e �S is I tI I b d 9 10101% SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 2?. Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) 7 STr. d. Bonds e. Tax Levies I. Non Cash g. Other (Explain) h. TOTAL — Grantee share 17,536 28. Other Shares a. Slate 17,037 b. Other c. Total Other Shares 17,037 29. TOTAL S 34,573 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach See Instructions) FAA Form 5100 100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES I THRU Page 5 0 (J_6 aporrv., "a. uJ�6 WsJ • APPLICATION FUR J. can 7u.TI0 8-25-2000 ACO i,Bid No. 2000-57 FEDERAL ASSISTANCE 1. TV.f Of 1OSMISSIOM: 1 DAR IILLZIY[D I'f flail State Apoia=(o, Ide Ilf,er tb Co tn.cti , ❑ C«utnrclun A. NTT IICZ YTO IY FW(L L Ab OCT fu.i..& ba,ntw O No {Yn,nuct. O 7Np {a nrtci n AIP3-05-0020-2800 1. 1I•Llc.MT IMFWWTC*i Legal NIm.. O an,zalnn.I Unit: City Of Fayetteville City Of Fayetteville Apdf,t1 (pr'.. 04. cwlfl. fro1 . and tip cod.)' ft 0. and t 4. ro numtr o1 th o tan to be wnc...4 On Insn. , .T N 113 W. Mountain Street Inu app4Vrnn (0" 811123 wd.J Fayetteville, Washington County Alett Little, Airport Manager Arkansas, 72701 501-575-8305 rL L_P o, A loec,l sncn NW.(* (tint: 1. TY.f OI AP.LCAXT: farrier aooroc, aie NMI w, boa) 11 1814(6121 A. star. N. v,o.,.oe.r t Bond Drn. 7 1 6 0 4 6 2 B. Cattily 1. Slat. Contr«4d M,nutnrr d lli9iM Laming C. 1panc,oal J. Pn..d L .rPty I. Tl'-C .prjca` 0. To-nd,io K Mian Tribe is W. 0 Contbuunorr ❑ Ranson E. Irtwnan L ndr"dual F. FrlrmVr�opal M. Pro*, Og.niation e R..m«L .nrw .p«ppi.la 4nw(t) in ba(n): C. So.c+.r Dann ct N. OMar (So.oly): A. Y,o.asa Award B. D.o.as. Award C. `c..a O utti«, D. D.v..a. Duration 011w (Ic.crty): 1. MAA1I OF FWOJ4. AOOCGY. DOT FAA SW Region, Ft. Worth Texas It CATALOG 01 fIOSIAI DOMIS IC 2 1 0 1 11. Df2Ce"'Y" I Rill of AfltCSM7 HIOJECT: AIUIITAMCI MUM.IIF ' Perimeter Road Extension Paving, Drainage and Grading TTTL.E Airport Improvement Program Improvements to Drake Field IL AI/AA An1CRD IV ►MOJlCT (u0.,. ca,nrNS. tram,..tC.): Washington County, Arkansas IL .IOPOSSD nOJtCT: 1A. COMOITISIO.uL DISTIICTT OF: Start Dec. Ending Date . Aa Scant : O. P„>;.ct 8-30-00 3-15-01 Third Third It QTMATW tv"ONG: It. a Af tICAria I SU JICT TO IfhEW IT STATT fXOJTTYt Gaol 12377 hl(Xli3T ,. YES THIS PREAPPU CATCN/APPLJCA n WAS MADE AVAL.A&LE TO THE F.dr,l I 306, 658 a. •0 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE D C. ❑ PROGRAM 6 CT O VW BY EO. 12372 OR PROGRAM NA.S NOT BEEN SELECTED BY STATE FOR REVIEW IL Apyianl I cSUM I 17,037 m 4'- I 17,536 _ .g a Odr. I I. Propwn.,cTJ,. I m 17. S Ta AI.LIUMT DCJNWOIT a AMY rEMIAL DIITT ,Q Yea • X 'Ya-.nacn rt a ly+n.itt ❑ fed g TOTAL I 341,231: D° IL TO IM MITT a MY AMD If1AF. ALL DATA M IMa AM, -Carob t* IAI.L.KJ,TIOM AAI TII ( SIC COfu1tCT' ml oOCaJ..I.rT MAa IWTTI DULY AUTNOIIIZip IV NMI OOYSI NI Md MOOT r>/ TMI aMVCAM A..O TMI AMVCJAr I,RL COM►LY vrts THE ATTAOIco AnuoAMCZT • TI A/MITAMCI a AWAIUI0 it.rlo.dNuvdAu «uWR.o..ru . Fred Hanna °Tdr Mayor `T 5�2 -7700 unoard «m 23223 ,^c• a -SID a. ..m taauNot usaol6 F Prtfu,tr0 VI' OM_8 C•tcJ Authorized for Local Reproduction • DEPARTMENT OF TRANSPPRTATION - FEDERAL AVIATION ADMINISTRATION • • PART II PROJECT APPROVAL INFORMATION • SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Nome of Governing Body Priority Rating Nome of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Item 5. iIs the proposed project covered by an approved comprehensive plan? Yes X Item 6. Will the assistance requested serve a Federal installation? Yes X Item 7 Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land_ Yes X No Percent of Project No Name of Approving Agency Dote Check one: State Local Regional Location of plan Li Li LI Name of Federal Installation No Federal Population benefiting from Project Item 8. Will the assistance requested hove an impact or effect on the environment? Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or forms? Yes See instruction for additional information to be provided. Number of: Individuals Families Businesses Forms OMB NO. 40-ROJaA Item 10. Is there other related Federal assistance on this See instructions for additional information to be 40roject previous, pending, or anticipated? provided. Yes X No FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 Page 2 S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. �-o209 11 PART 11 ` SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: I. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The sponsor has adopted Drake Field Ordinance 2697 which regulates and restricts all land use. Activities in.the Vicinity of Drake Field. This ordinance was adopted January 20, 1980. 2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed leases. use 2recments or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to camout and complete the Project or tarn• out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. —(a) The Sponsor holds the following property interest in the following areas of landwhich are to be developed or used as part of or in connection with the .airport, subject to the following exceptions. encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The sponsor hold fee simple title to Tract's A,B, and C and Avaigation' Easements on Tract's D,E,F,G,H,I, and J. These were approved under previous projects. This status has not changed since approval. 'State character of property interest in each area and fist and identify for each all exceptions, encumbrancer, and adverse interests of every kind and nature, including liens, easements, leases, etc. 7'he separate areas of land need only be identified here by the ca numbers shown on the property map. FAA Form 5100-100 (o-76) Page 3a I DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04 Ro2o9 PART 11 - SECTION C (Continued) The Sponsru further crrlifie. that the alonei. ILascd on a title e]alnlllatioll by a quallfli ll attorney or title company and that such allorneor title company ha- detenniued that the `pcnl-or hold- the abore properts interests. (h) The punsur will acquire within a reasonabh• lime, lout in any e'ent prior to the start of any constraction work under the Project, the following properly intere?n in the following areas of laud` on whirh such construction work is to he performed. all of which area, are identified on the aforementioned property map desip fated a- Exhibit "A": None (c) The 'punsor 'rill acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project. the following property interest in the following area: of landwhich are to be developed or used a: part of or in connection with the Airport as it will Ire upon completion of the Project all of which areas are identified on the aforementioned roper map designated as Exhibit "A ": None 5. Exclusive Riohts._There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Rponsor except as follows: None WFtate character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0 0 SECTION C — EXCLUSIONS 26 Clo•ait iwNon Ineligible to, Pooliclpo,.on e.c l.,ded .J^. Cono.n9encI P.0., ,0n 1, ° S S b c d C. 1- 9. Totals S S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) SJG d- Bonds e. Tax Levies - I. Non Cash g. Other (Explain) h. TOTAL — Grantee share 17,536 28. Other Shares a. State 17,037 b. Other c. Total Other Shares 17,037 29. TOTAL S 34,573 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions) AA r-onn IW-I() 16-731 SUPERSEDES FAA FORM 5100.10 PAGES I THRU 7 Poge 5 r 0 O V. FAYETTEV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: FRED HANNA, MAYOR FROM: ALETT LITTLE, ECONOMIC DEVELOPMENT DIRECTOR DATE: SEPTEMBER 21, 2000 SUBJECT: AIP GRANT ACCEPTANCE TO EXTEND ACCESS ROAD (ERNEST LANCASTER DRIVE) The Airport requests the Mayor's signature accepting the U.S. Department of Transportation, Federal Aviation Administration, Airport Improvement Program Grant Number 3-05-0020- 28-00 in the amount of $306,658.00. This grant acceptance was approved by City Council Resolution Number 120-00 authorizing the Mayor and City Clerk to accept and execute said grant upon receipt and after staff review. The Mayor signed the application requesting Federal Assistance on September 8, 2000. AL/bjm Attachment: Original Grant Copy of Application for Federal Assistance /42 FAYETTEV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: CITY COUNCIL Thru: FRED HANNA, MAYOR FROM: ALETT LITTLE, ECONOMIC DEVELOPMENT DIRECTOR JJ- DATE: AUGUST 22, 2000 SUBJECT: CONTRACT APPROVAL WITH HARRISON DAVIS CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF ERNEST LANCASTER DRIVE EXTENSION The Economic Development Department is requesting approval of the contract for the construction of Ernest Lancaster Drive Extension with Harrison Davis Construction Company for a low bid amount of $243,473.00. The Airport Board will have a Special Called Airport Board Meeting on August 24, 2000, to consider the award of this low bid. When the Airport is officially notified of the Federal Aviation Administration's (FAA) approval and grant award, the Mayor's signature is requested on the grant. The grant is date sensitive, and airport staff requests that the Mayor be given the authority to accept and sign the FAA grant upon its arrival and after staff review. This project will be funded with a 90% FAA Grant; a 5% request for a State of Arkansas Aeronautics grant; and 5% from Airport funds. A fifteen percent project contingency of $36,520.00 is requested to fund unforeseen project expenditures. AL:bjm Attachment: Contract Review Form 5 Original Contract Bid Tabulation Engineer's Notice of Selection I I 1 Sf I20 -Do AfjeROFILMEB CONSTRUCTION SPECIFICATIONS FOR ERNEST LANCASTER DRIVE EXTENSION TO ' 1 1 1. EAYETTEYILLE, ARKANSAS AI]P PROJECT NO. City Bid No. 2000-57 MCE PROJECT NO. FY992164 MAY, 2000 ' Prepared By: f/ MicCLELLAND ."� = : CONSULTING 9 ENGINEERS, Inc. No. 24 • c� ;may�'f•'. OEsigned To Serve ''4,�•ysi'••..... 'N����` qs-ENG 11111111\,��. ' McCldlland Cousnithlz Engineers, Inc. a 1810 North ARKANSAS College, P.O. Box 1229 �l� s ' 1 � I'ayetteville, Arkansas 72702-1229 {t PROFESSIONAL Zip NO. 3204 ' ft 'R�P` 01 I L I I I I L I I I I I CONSTRUCTION SPECIFICATIONS FOR ERNEST LANCASTER DRIVE EXTENSION TO DRAKE FIELD MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP PROJECT NO. City Bid No. 2000-57 MCE PROJECT NO. FY992164 MAY, 2000 Prepared By: Designed To Serve McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (501) 443-2377 I 1 TABLE OF CONTENTS I. I SECTION Notice to Contractors Instructions to Bidders Proposal Bid Bond Equal Opportunity Certification Notice of Award Contract Federal Wage Decision Notice to Proceed Wage, Labor, EEO, & Safety Requirements General Provisions Section 10 Section 20 Section 30 Section 40 Section 50 Section 60 Section 70 Section 80 Section 90 (FAA Standards, as revised for this project) Definition of Terms Proposal Requirements and Conditions Award and Execution of Contract Scope of Work Control of Work Control of Materials Legal Relations and Responsibility to Public Prosecution and Progress 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 Specifications and Plans Workmen Horseplay Insurance Subcontractors Contractor's Routine Access to Site Owner -Furnished Materials Quality of Plans PAGE NO. 1-5 6-9 10-11 12-15 16-21 22-25 26-34 35-41 42-49 1-26 1 1 1 1-9 10 10 11 11 12 12 12 13 13-16 16 17 17 17 I I I I I I I I I I I I I (Continued) SECTION Partial Acceptance Progress Schedule Contractor to Perform Construction Staking Work Done Without Lines and Grades Preservation of Monuments and Stakes Other Contractors Record Drawings Publicity Modifications and Waivers Standards Testing Payment for Stored Materials Cost of Plans and Specifications Ownership of Engineering Data Partial Sets of Plans and Specifications for Subcontractors Damage to Existing Facilities Reporting of Accidents Pre -Construction Conference Waterways Safety and Security PAGE NO. 17 17 18 18 18 18-19 19 19 19 19-20 20 20 21 21 21 21 21 21 21 21 Function of the Engineer and Relationship Between Engineer and Contractor 22-23 Contractor's Responsibility Regarding Special Application Materials and Products 23-24 Temporary Facilities 24-25 Permits, Licenses, Laws, Ordinances Regulations and Taxes 25-26 Excavation Safety 26 FAA Standard Specifications (As Revised for this Project) P-152 Excavation and Embankment 1-8 P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 1-4 P-209 Crushed Aggregate Base Course 1-5 P-610 Structural Portland Cement Concrete 1-7 F-162 Chain -Link Fences 1-4 D-701 Pipe for Storm Drains & Culverts 1-5 T-901 Seeding 1-4 T-905 Topsoiling 1-3 T-908 Mulching 1-3 Roadway Lighting 1-5 Appendices Appendix A Appendix B Appendix C OSHA Standard Safety Program Arkansas State "Buy American" for Excavation & Trenches Licensing Law for Contractors Exclusion Products I 1 I I I I I I I I I I Li L 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 372 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until , on the day of , 2000, for the furnishing of all tools and labor, and the performance of work to be done in construction of Ernest Lancaster Drive Extension at Drake Field, Fayetteville Municipal Airport. Work under this Contract shall include construction of the paving, drainage and grading improvements necessary for Ernest Lancaster Drive Extension. The location of the work is set out in the Plans and Specifications to be on file in the offices of McClelland Consulting Engineers, Inc.: P.O. Box 1229, 1810 N. College Avenue, Fayetteville, Arkansas. All bids will be opened and considered at a meeting, to be held in Room at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at local time, on the day of 2000, and at s�adjourned meetings tl after 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 One Hundred Dollars ($100.00), said payment not being refundable. Pertinent information and the detailed specifications will be furnished to suppliers at cost of reproduction. A Pre -Bid Conference will be held at on , 2000, at the Airport Managers office in the Tonal 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 must be accompanied by a surety bond (proposal guaranty) in the amount equal to five percent (5°6) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within fifteen (15) days from and after the date of the Notice of Award. The successful bidder will be required to furnish separate performance and payment bonds, in favor of the City of Fayetteville, Fayetteville, Arkansas, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the contract, if said contract exceeds $100,000. I FY992164 Drake Field Lancaster Dr. Extension Notice to Contractors - 1 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 disadvantaged business enterprises shall have the maximum opportunity performance of contracts financed Federal funds. of Transportation (DOT) that as defined in 49 CFR Part 23 to participate in the in whole or in part with 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 (DEE). 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 DEE'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. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and the Notice to Subcontractors appear in the Specifications. The attention of all bidders is called to the fact that any contractor or subcontractor on this project having 50 or more employees and who may be awarded a contract or subcontract of $50,000 or more will be required to maintain an Affirmative Action Program within 120 days of commencement of the contract. .Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for employment of minorities. FY992164 Drake Field Lancaster Dr. Extension Notice to Contractors - 2 ,� I The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Females Participation in each trade is 6.9% Goals for Minority Participation in each trade is 3.3% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the coverage area. The coverage area for female participation is nationwide. The coverage area for minority participation is Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and Washington counties in Arkansas and Adair and Delaware counties in Oklahoma. The Contractor shall provide written notification to the ' Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and ' telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project. ' The Bidder must supply all the information required by the proposal form. ' The attention of all bidders •is called to the fact that they must be licensed under the terms of Act 150 -of the 1965 Acts of the Arkansas Legislature, as amended. P.O. No. ' Peggy Vice Purchasing Officer City of Fayetteville Fayetteville, Arkansas I I IFY992164 Drake Field Lancaster Dr. Extension Notice to Contractors - 3 • SECTION 00100 INSTRUCTIONS TO BIDDER 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 ................................. 4 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 ............................... 5 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 26. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS........... 7 I I I El 1 I I SECTION 00100 INSTRUCTIONS TO BIDDERS FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. ' 4. QUALIFICATION OF BIDDERS The prospective bidders must meet the statutorily prescribed ' requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated ' herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such ' information as deemed necessary by the Owner to evaluate the Bidder's qualifications. Is. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Bid shall ' have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of ' the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or 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 ' FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 1 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 theI1 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 II 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 II the site and making such additional investigations as he may Ij elect, or from properly fulfilling all. the terms of the Contract I. Documents. Each Bidder shall inform himself of, and the Bidder awarded a + j Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. I• 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, II permits, fees, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Project will be made. The successful Bidde without charge. Any to the Contractor at available. 8. TYPE OF BID Manual or Drawings is required and no refund II • II r will be furnished three sets of Documents additional copies required will be furnished $100.00 per set. Partial sets will not be i; 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 installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. FY992164 Drake Field Lancaster Drive Ext. Section 00100 2 I I L I I I I I I I 11 I II I I I I I 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 ADVERTISEMENT FOR BIDS. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power -of -attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 10. STATE AND LOCAL SALES AND USE TAXES Unless the Special Provisions 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. I FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 3 11. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, �I at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. 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 ADVERTISEMENT FOR BIDS. 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 60 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. II The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a licensed resident agent of the surety having his place of business in the State of Arkansas and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 4 I II I El I [l I I I I I I I I I I I H.J If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SPECIAL PROVISIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated in the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 17. BASIS OF AWARD If, at the time this Contract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. I FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 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'i; 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, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the client's advantage, the FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 6 I I I I Li I I percentage of the Work required to be performed by the Contractor's own organization may be reduced; PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. 22. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. 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 GENERAL PROVISIONS (amended in the SPECIAL PROVISIONS, if appropriate). 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 ' In accordance with Act 291 of 1993 of the State of Arkansas, Bidders must provide a separate price for trench and excavation safety ' programs in the space provided on the bid form. Failure to do so will subject the bidder to disqualifications. ' 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND 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 conditions of Section 1 of Act 190 are applicable to the project. ' 26. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS The Bidder must comply with Article 50 of Section 00700 of this ' Project Manual by submitting complete data for proposed items of substitution with his Bid Proposal. END OF SECTION L 11 ' FY992164 Drake Field Lancaster Drive Ext. Section 00100 - 7 I CERTIFICATION OF BIDDER REGARDING ' EQUAL EMPLOYMENT OPPORTUNITY GENERAL I BIDDERS NAME ADDRESS INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: ' (1) A Certification of Nonsegregated Facilities must be submittedprior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provision of the equal opportunity clause. (2) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR ' CERTIFICATION ON NONSEGREGATED FACILITIES: (1) A Certification of Nonsegregated Facilities must be submitted ' prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. ' (2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for t supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. FY992164 Drake Field Lancaster Drive Extension Certification 1 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is. -a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The 'federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000. which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please type NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. FY992164 Drake Field Lancaster Drive Extension Certification 2 I I I I F I I I I I I PROPOSAL ERNEST LANCASTER DRIVE EXTENSION TO DRAKE FIELD MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP Project No. FY992164 Dated: APRIL,` 2000 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: City of Fayetteville Address: Fayetteville, Arkansas Project Title: Engineer's Project No.:FY992164 Date:_ Bidder:_ Address: Arkansas Contractor's License No.: Bidder's person to contact for additional information on this Proposal: ' Name: Telephone: ' 1. BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the ' only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any ' connection or collusion with any person submitting another Proposal on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, FY992164 Drake Field Lancaster Drive Extension Proposal - 1 '1 ' and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. ' The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. ' The Bidder further agrees that he has exercised his own judgment and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own 1 conclusions. 2. CONTRACT EXECUTION AND BONDS ' The Bidder agrees that if this Proposal is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. I3. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner; before executing ' the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. ' 4. BID BOND Enclosed herewith is a bid bond for dollars ($ ) which we agree the Owner may ' cash and retain as liquidated damages in the event of our failure to enter into contract for the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME ' The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall complete the construction in ' all respects within 60 calendar days and shall comply with the schedule identified in SPECIAL PROVISIONS. FY992164 Drake Field Lancaster Drive Extension Proposal - 2 1 I I I I I I I I I I I I I 6. LIQUIDATED DAMAGES In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner for all work awarded under the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents, plus any monies paid by the Owner to the Engineer for additional engineering and observation services associated with such delays_ Liquidated damages shall be based upon actual cost to be borne by the Owner as a result of the work not being completed within the time stipulated in the Contract and agreed to by the Contractor. Such costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. 7. ADDENDA The Bidder hereby acknowledges that he has received Addenda Nos. to these Specifications. (Bidder insert No. of each Addendum received.) 8. UNIT PRICE BASE BID The Bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the Unit Prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. 9. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. 1 FY992164 Drake Field Lancaster Drive Extension Proposal - 3 PROPOSAL SCHEDULE BID ITEMS ITEM EST. UNIT DESCRIPTION UNIT PRICE TOTAL NUMBER QTY. I 1 LS Miscellaneous Demolition ($) ($ Dollars/LS Words 2 1 LS Cleaning & Grubbing ($___ ($ Dollars/LS Words 3 1 LS Mobilization (5 ($ Dollars/LS Words 4 1400 CY Unclassified Excavation ($) ($ Dollars/CY Words 5 4800 CY Imported Select Fill Materials ($) ($ Dollars/CY Words 6 1300 CY Topsoil Excavation and Replacement($_) ($ Dollars/CY Words 7 1000 CY Undercut and Embankment Backfill ($) ($ Dollars/CY Words 8 200 LF Straw Bale Barrier ($, ($ Dollars/LF Words FY992164 Drake Field Lancaster Drive Extension Proposal - 4 10 210 LF 6' Relocated Chain Link Fence ($) ($ with Barbed Wire Dollars/LF Words 11 1 Each Relocate 20'Double Drive Gate ($) ($ Dollars/EA Words 12 1 Each 24" Reinforced Concrete Pipe ($) ($ Flared End Secure Dollars/LA Words 13 6 Each 24" x 38" Reinforced Horizontal ($___ ($ Elliptical Concrete Pipe Flared End Section Dollars/LA Words 14 142 LF 24" x 38" Reinforced Horizontal ($) ($ Ellipiteal Concrete Pipe, Class III Dollars/LF Words 15 60 LF 15" x 21"Corrugated Metal Pipe Arch($_) ($ Dollars/LF Words 16 42 LF 24" x 35"Corrugated Metal Pipe Arch($ ($ Dollars/LF Words 17 1 LS Trench and Excavation Safety System($__ ($ Dollars/LS Words 18 2 Acres Seeding, Fertilizing and Mulching ($ ($ Dollars/AC Words FY992164 Drake Field Lancaster Drive Extension Proposal - 5 U 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 19 3 Each Raise Existing Valve Boxes ($) ($ Dollars/EA Words 20 1 Each Extend Pipe Launcher (5 ($ Dollars/EA Words 21 1 Each Raise Manhole Ring and Lower ($________ ($ Dollars/EA Words 22 I LS Modify Steps ($) ($ Dollars/LS Words 23 40 SY 24 2580 TN 25 805 TN 26 810 TN Rip -rap ($) ($ Dollars/SY Words Class 7 Crushed Aggregate Base Course($)($ Dollars/TN Words 2" HMAC Surface Course ($($ Dollars/TN Words 3" HMAC Binder Course ($________ ($ Dollars/TN Words 27 LS Roadway Lighting ($________ ($ Dollars/LS Words TOTAL BASE BID (ITEMS 1 THROUGH 27) S The Bidder shall attach to this Proposal a copy of his General Liabilities Insurance Coverages in accordance with the requirements FY992164 Drake Field Lancaster Drive Extension Proposal - 6 I I I I I I I I I I I stated on page 15 of the Special Provisions. 11. FAA REQUIREMENTS 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. Bidders may obtain the lists of articles, materials, and supplies excepted from this provision in Appendix of these Documents. (a) The Aviation Safety and Capacity Expansion Act of 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: Steel and manufactured products. As used in this clause, steel and manufactured products include (1) 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 taken place in the United States. Components of 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 of Components. This means the costs for production of the components, exclusive of final assembly labor costs. I I I L_. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, material, men, 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 Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality. (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic FY992164 Drake Field Lancaster Drive Extension Proposal - 7 ' preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The bidder shall complete the following statement by checking the appropriate space. ' The bidder has _ has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive ' Order 11246. The bidder has has not submitted all compliance reports in connection with any such contract due under the applicable ' filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontractors. ' If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance ' reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO -1" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee ' 1800 G Street Washington, DC 20506 The bidder certifies, by submission of this proposal or ' acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in ' this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontractors. Where ' the bidder/offer or/contractor/or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. ' Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that is: ' a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. FY992164 Drake Field Lancaster Drive Extension Proposal - 8 I firms published by the Office of the United States Trade representative (USTR). b. has not knowingly entered into any contract or ' subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals ' of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project ' that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 40 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly ' procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. ' Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract ' and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. ' The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. ' This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly ' rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. ' Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The ' knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ' This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the ' maker subject to prosecution under Title 18, United States Code, Section 1001. 12. EXPERIENCE OF BIDDER FY992164 Drake Field Lancaster Drive Extension Proposal - 9 I LI H H I I H I [l C I I I I I I The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers. Use additional sheets if necessary.) 13. SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be whose address is Street City State Zip Code 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. 15. BIDDER The name of the Bidder submitting this Bid is: doing business at Street City State Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: 16. BASIS OF AWARD The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. Dated at Fayetteville, Arkansas, this day of 2000. FY992164 Drake Field Lancaster Drive Extension Proposal - 10 I I Respectfully submitted, I Name (SEAL, IF CORPORATION) Business Address By: Title I The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. I i The Bidder shall complete the following information for that portion of the work proposed to be completed by subcontractors. SUB- TYPE OF DBE ARKANSAS CONTRACTOR ADDRESS WORK AMOUNT YES/NO LICENSE NO. 1 1 i I I I IFY992164 Drake Field Lancaster Drive Extension Proposal - 11 I ADDENDUM NO. 1 AUGUST 4, 2000 ERNEST LANCASTER DRIVE EXTENSION FOR DRAKE FIELD FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS MCE NO. FY992164 TO: All Plan holders The following changes are hereby incorporated in and replace language in the Project Manual for the above referenced project: ALL REFERENCES TO THE POLICY OF THE DEPARTMENT OF TRANSPORTATION (DOT) RULE CONCERNING DISADVANTAGED BUSINESS ENTERPRISES AS DEFINED IN 49 CFR PART 23 SHALL NOW MEAN THE FAYETTEVILLE MUNICIPAL AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IN COMPLIANCE TO 49 CFR PART 26. This program is a working document which will be submitted for final approval to the City Council and the Department of Transportation. The document is subject to amendment by the Federal Aviation Administration, the Department of Transportation, or the City of Fayetteville as necessary to enforce current regulations. Federal DOT regulations mandate that this document be effective as of October I, 1999, and all provisions shall be applied to contractual obligation concerning the above referenced DOT -assisted project. The Bidder shall acknowledge receipt of this Addendum by signing below and submitting a signed original document with his Proposal as well as necessary forms DBE -1, DBE -2, and Bid -1. HARRISON DAVIS J CONSTRUCTION CO. , INC.c.jl{�///'1L44 August 21, 2000 Bidder By Date J @8/09/200E' 21:03 5014439'_41 MCCLELLAND ENGINEERS ADDENDUM NO.2 August 10, 2000 ERNEST LANCASTER DRIVE EXTENSION DRAKE FIELD TO ALL PLANHOLDERS: Gentlemen: The following changes are hereby made to the Project Manual for the referenced project. 1. In the PROPOSAL change the following: A. Bid Item No. 7 change the Estimated Quantity from 1000 CY to 2500 C i B. Bid Item No. 18 change the Estimated Quantity from 2 Acres to 5 Acres PAGE 02 C. Bid Item No. 9 is blank ( No Est. Quantity, Unit, Description, or Unit Price). Sincerely, MCCLELIAND CONSUL G ENGINEERS, INC. r Arnold D. Rankin, P.E., RL.S. Project Manager The Bidder shall acknowledge receipt of this Addendum by signing and returning a copy to McClelland Consulting Engineers, Inc., as well as acknowledging the addendum on page 3 of the Proposal. Acknowledged by: Cv.i Z Date: —�' Please print the name of your company: HARRISON DAVIS CONSTRUCTION CO INC 1931 -A Deane Street Fayetteville, AR 72703 Phone 501-443-0996 Fax 501-443-0136 SECTION 00350 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, HARRISON DAVIS CONSTRUCTION CO.. INC. as Principal, and INSURANCE COMPANY OF THE WEST as Surety, are hereby held and firmly as Owner in the penal sum of bound unto the City of Fayetteville * * * * * * * * FIVE PERCENT OF TOTAL AMOUNT BID * * * * * * * * * * * * * (5% Of Bid) 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 21st day of August , 2000. The condition of the above obligation is such that whereas the Principal has submitted to the City of Fayetteville a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for Grading and Drainage Improvements at Drake Field. / Ernest Lancaster Drive Extension to Drake Field Municipal Airport, AIP Project No. 3-05-0020-2800 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 his 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. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way FY992164 Drake Field Lancaster Drive Extension Section 00350 - 1 impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporatiors 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. (L.S.) INSURANCE& BONDING INSURANCE COMPANY OF THE WEST P.O. Box 94009 North Uttle Rock. AR 72190x1009 753-9092 By: C CLC `� '� u -o NCi v 1-600-482-5917 Fax 753!,214 (Surety) Carla Sue Hollis, Attorney -in -Fact HARRISON DAVIS CONST CTI0 B p/ h aa€m L/4' E. _ Principal SEAL FY992164 Drake Field Lancaster Drive Extension Section 00350 - 2 CERTIFICATE: Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporation, does hereby appoint: CHARLES M. ALLEN, G. ROBERT SMITH, SHERRI L. MOSS, DALE E. TEMPLE AND CARLA SUE HOLLIS its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 16TH day of JUNE 1999. cccoGlr,yro� INSURANCE COMPANY OF THE WEST e �GOFrOMrr� N wM.1l \,\GA r4RppPG STATE OF CALIFORNIA ohn L. Hannum, Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. Janis Theodore I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 21St day of ICYV 37 August 2000 PROPOSAL ERNEST LANCASTER DRIVE EXTENSION TO DRAKE FIELD MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP Project No. FY992164 Dated: APRIL, 2000 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: City of Fayetteville Address: 113 WEST MOUNTAIN, ROOM 306 CITY ADMINISTRATION BUILDING Fayetteville, Arkansas Project Title: CONSTRUCTION OF ERNEST LANCASTER DRIVE EXTENSION AT DRAKE FIELD Engineer's Project No.:FY992164 Arkansas Contractor's Date: August 21, 2000 License No.: 001615 0201 Bidder: HARRISON DAVIS CONSTRUCTION CO., INC. Address: 1931-A DEANE STREET, FAYETTEVILLE, ARKANSAS 72703-1408 Bidder's person to contact for additional information on this Proposal: Name: Ben Smith & Jimmy Carson Telephone: 501-443-0996 FX: 501-443-0136 1. BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, FY992164 Drake Field Lancaster Drive Extension Proposal - 1 p and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. The Bidder further agrees that he has exercised his own judgment and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. 2. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Proposal is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. 3. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND The Bidder further acrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Perferjr,ance Bond as specified in these Documents. 4. BID BOND Enclosed herewith is a bid bond for dollars (S 5% G.A.B. ) which we agree the Owner may cash and retain as liquidated damages in the event of our failure to enter into contract for the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall complete the construction in all respects within 60 calendar days and shall comply with the schedule identified in SPECIAL PROVISIONS. FY992164 Drake Field Lancaster Drive Extension Proposal - 2 .M 6. LIQUIDATED DAMAGES In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner for all work awarded under the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents, plus any monies paid by the Owner to the Engineer for additional engineering and observation services associated with such delays. Liquidated damages shall be based upon actual cost to be borne by the Owner as a result of the work not being completed within the time stipulated in the Contract and agreed to by the Contractor. Such costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. 7. ADDENDA The Bidder hereby acknowledges that he has received Addenda Nos. #1, f12, to these Specifications. (Bidder insert No. ot each Addendum received.) 8. UNIT PRICE BASE BID The Bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the Unit Prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. 9. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. FY952164 Drake Field Lancaster Drive Extension Proposal - 3 PROPOSAL SCHEDULE BID ITEMS ITEM I NUMBER EST. QTY. UNIT DESCRIPTION UNIT PRICE TOTAL 1 I LS 2 1 LS 1 LS 4 1400 CY 5 4800 CY 6 1-00 CY 2500 7 XRRR CY 8 200 LF 9 N/A Miscellaneous Demolition ($ /sd 0 j (S on ot/C %Np u414wp rl V 4✓OR CD ✓ / Dollars/LS Words 00 Cleaning & Grubbing ($ 4OO66 (S ≤ DO T to F.✓E%yoo5ANo d /OO Dollars/LS Words oo Mobilization , / ($ ($ S9p.� Ft/E�/yn/I�REp /V/A/ETYP l o Dollars/LS Words eo Unclassified Excavation (Sj• ) $ 37 /H2EE� Dollars/CY Words 1 00 Imported Select Fill Materials (S7 it S SEVEN j / o o z> Dollars/CY Words Topsoil Excavation and Replacement($ �1 $ � p $6V Er! t `fa / O r7 Dollars/CY Words 66 zz Undercut and Embankment Backfil) ($ •k) S(�g0o Dollars/CY Words o GO0 Straw Bale Barrier (52. ) S D v o d moo Dollars/LF Words N/A N/A N/A N FY992164 Drake Field Lancaster Drive Extension Proposal - 4 10 210 LF 6' Relocated Chain Link Fence ($`) ($.33__0 with Barbed Wire Si >< rE cv rr I o O Dollars/LF Words ] I 1 Each Relocate 20'Double Drive Gate eo co // ($550.) $ O. 00 r/VE/�ui✓DREID , Doilars/EA Words 12 1 Each 24" Reinforced Concrete Pipe ($I / 2j ea °° Flared End Secure � $ / Z� ONE TND✓SA ND N/A1CNu ,/ORED Tt - 'ry &uR of 0 c3 Dollars/EA Words 13 6 Each 24" x 38" Reinforced Horizontal ($/D. SO.PIo $ moo Elliptical Concrete Pipe Flared Oat Section Via Z OOSAA,O hiryr OO Dollars/EA Words 14 142 LF p o0 00 24" x 38" Reinforced Horizontal ($ p� $ /L1 3n2) Ellipiteal Concrete Pipe, Class III Da ,Gw r/ . , o Dollars/LF '"lords 15 60 LF 15" x 21 "Corrugated Metal Pipe Arch($ /7 : ) (S /b2&.2 SEyET/r t-5? Dollars/LF Words 00 16 42 LF 24" x 35"Corrugated Metal Pipe Arch($ ($ v✓e7VTy l l ✓E V 00 Z) Dollars/LF Words 17 1 06 do LS Trench and Excavation Safety System($! j ($ii �2� 2 vt10 cd Dollars/LS �JJor—ds 5 18 Acres Seedine, Fertilizing and Mulching(S//80 .� o0 Or/�-77/Loc"b4nlO � $ Otis iWi.yyn—z E76.y yy Dollars/AC Words FY992164 Drake Field Lancaster Drive Extension Proposal - 5 II 00 at 19 3 Each Raise Existing Valve Boxes ($ 02 $ 77o -) i/ /E fIVNDGED A1 tNE7/d �n _ Dollars/EA Words 20 1 Each Extend Pipe Launcher ($ . ) ($ Sj �( u n/ D,2 L^D Y- �o c� Dollars/EA Words 21 1 Each Raise Manhole Rine and Lower ($/697- (S&92 ONCTb/&US #1 ND SiX 0 ///cNDBED /gINET\/Sr-1/2 kJ *t eo c"� Dollars/EA Words 22 1 LS Modify Steps ($ ($ �8 gV E f->` UNo,2Ea &u/Ed-t0 Lao Dollars/LS Words 0_6 23 40 SY Rip -rap (S2 � $ Dr flrT Dollars/SY Words a oe 24 2580 TN Class 7 Crushed Aggregate Base Course($ I% ) $ Do S. �CTEE/.I i so Dollars/TN Words 25 805 TN 2" HMAC Surface Course (S________ _ ) (Sgo Dollars/TN Words urn /` oa _ 26 810 TN 3" HMACBinderCourse (S "73rfl $ 2 �oRTy l <GREE / J a Dollars/TN Words 27 LS Roadway Lighting ($z $ .37 b. 00 �� wJ cAlry 7 E c /H_✓SA,.I o. ,VW1ORcD t1 Dollars/LS Words �� OO TOTAL BASE BID (ITEMS 1 THROUGH 27) S � Two /(v n/DReD ry TRer/%imuS1tND rc,"4 i/ iJDg The Bidder shall attach to this Proposal a copy of his General' eeWryTit2Lc Liabilities Insurance Coverages in accordance with the requiremen—f90 FY992164 Drake Field Lancaster Drive Extension Proposal - 6 stated on page 15 of the Special Provisions. 11. FAA REQUIREMENTS By submitting a proposal under this solicitation, except for those items listed attachmentthe etorthisow or on proposala thebiddte er clearly produced certifies that steel and each manufactured product, is in the United States (as defined in the clause Buy American - steel Manufactured nproducts dfor construction Contracts) and products or Buy American - ethat l d components of unknown origin are considered to have been produced or manufactured outside the United States. lies Bidders may obtain the if articls, n Appendix ofatheselDocuments. s, and supp excepted from this provision (a) The Aviation safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the united iSStates when funds are expended pursuant to a grant d under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) 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 dan percent of the cost of all its components final assembly has taken place in the United States. Components of 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 incorporateddirectly into steel and manufactured products. 3. Cost of 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, subc ontractor, material, men, and suppliers in the performance except those - (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States sufficient a and reasonable available quantities satisfactory quality. (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic FY992164 Drake Field Lancaster Drive Extension Proposal preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The bidder shall complete the following statement by checking the appropriate space. It The bidder has X has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. 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. M IN 77 Standard Form 100 is normally furnished contractors annually, IN based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G Street Washington, DC 20506 The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontractors. Where the bidder/offer or/contractor/or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that is: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. FY992164 Drake Field Lancaster Drive Extension Proposal - 8 in 17 S In M it y'1! cd' firms published by the Office of the United States Trade representative (USTR). b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 40 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 12. EXPERIENCE OF BIDDER FY992164 Drake Field Lancaster Drive Extension Proposal - 9 The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers. Use additional sheets if necessary.) 13. SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be ALLEN -SMITH INSURANCE & BONDING whose address is P.O. BOX 94009, NORTH LITTLE ROCK ARKANSAS 72190-4009 Street City State Zip Code 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. 15. BIDDER The name of the Bidder submitting this Bid Is: HARRISON DAVIS CONSTRUCTION CO., INC. doing business at I 12 1931-A DEANE STREET FAYETTEVILLE ARKANSAS 72703-1408 1 Street City State Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: HARRISON DAVIS 16. BASIS OF AWARD N The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. Dated at Fayetteville, Arkansas, this 21st day of August 2000. FY992164 Drake Field Lancaster Drive Extension Proposal - 10 • j i Respectfully submitted, HARRISON DAVIS CONSTRUCTION CO INC. Name 1931-A DEANE STREET (SEAL, IF CORPORATION) FAYETTEVILLE, ARKANSAS 72703-1408 Business Aaar s� By President Tit e The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. The Bidder shall complete the following information for that portion of the work proposed to be completed by subcontractors. SUB- TYPE OF DBE ARKANSAS CONTRACTOR ADDRESS WORK AMOUNT YES/NO LICE NO ODM,/ ra/G' zrn/�- F Ezrn�cA� �vrCN�Ys��,lsi" D G _�-� DoaoS3a3o J A/wo- DI cot p7o/ FY992164 Drake Field Lancaster Drive Extension Proposal - 11 I I I I SECTION 00350 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal. and as Surety, are hereby held and firmly bound unto the City of Fayetteville as Owner in the penal sum of 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 day of 2000. The condition of the above obligation is such that whereas the Principal has submitted to the City of Fayetteville a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for Grading and Drainage Improvements at 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 his 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. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way FY992164 Drake Field Lancaster Drive Extension Section 00350 - 1 II impaired or affected by any extension of the time within which the !� Owner may accept such Bid; and said Surety does hereby waive notice of any. such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations �l have caused their corporate seals to be hereto affixed and these Ij presents to be signed by their proper officers, the day and year first set forth above. S. (Surety) I, By: Principal SEAL i f ----—,----- FY992164 Drake Field Lancaster Drive Extension Section 00350 -, 2 I I I To: NOTICE OF AWARD PROJECT DESCRIPTION: The OWNER has considered the PROPOSAL submitted by you for the above described WORK in response to its ADVERTISEMENT FOR BIDS. ' You are hereby notified that your PROPOSAL has been accepted for the Ernest Lancaster Drive Extension for Drake Field, Fayetteville, ' Arkansas in the amount of You are required by the INSTRUCTIONS TO BIDDERS to execute the CONSTRUCTION CONTRACT in its entirety and furnish the required ' PERFORMANCE AND PAYMENT BOND and certificates of insurance within fifteen (15) calendar days from the date of this NOTICE OF AWARD. ' If you fail to execute said Contract and to furnish said bonds within fifteen (15) days from the date of this NOTICE OF AWARD, said OWNER will be entitled to consider all your rights arising out of the ' OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. ' You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this _ day of , 2000. ' City of Fayetteville By: Title: [1 C C I Receipt acknowledged this By: Title: FY992164 Drake Field Lancaster Drive Extension day of 2000. Section 00360 -1 TI I I SECTION 00500 ' CONTRACT THIS AGREEMENT, made and entered into on the day of ' , 2000, by and between herein called the Contractor, and the City of Fayetteville, hereinafter ' called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: Ii. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and ' Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Ernest Lancaster Drive Extension, dated April, 2000, including: ' Advertisements for Bids; Addenda; Instructions to Bidders; General Provisions; Special Provisions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. Sheets 1 through 7 ' 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 150 calendar days. 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to ' additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: 4. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Provisions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. IFY992164 Drake Field Lancaster Drive Extension Section 00500 - 1 Liquidated Damages: Owner and Contractor recognize that time•is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Provisions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 2 for Completion. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished ih manner and form satisfactory to the Owner. S. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. The Contractor agrees., that .only,domestic steel and manufactured products will be used by the Contractor, subcontractors, material, men, 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. FY992164 Drake Field Lancaster Drive Extension Section 00500 --2 This Contract shall be binding upon the. heirs, representatives, successors, or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in four counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. Contractor WITNESSES: 1 I. ATTEST: Secretary Approved as to form: • Attorney for Owner e City Of Fayetteville Owner By Mayor Title FY992164 Drake Field Lancaster Drive Extension Section 00500 - 3 I H U ARKANSAS STATUTORY PERFORMANCE BOND We as Principal, hereinafter called Principal, and 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 of Fayetteville as Obligee, hereinafter called Owner, in the amount of ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated , 2000 entered into a contract with Owner for Ernest Lancaster Drive Extension, 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. L n I 1 I 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, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein_ FY992164 Drake Field Lancaster Drive Extension Section 00500 - 4 L I IU I I] I I I I IU I I I I I ARKANSAS STATUTORY PAYMENT BOND We , as Principal, hereinafter called Principal, and 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 of Fayetteville as Obligee, hereinafter called Owner, in the amount of , for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated , 2000 entered into a contract with Owner for Ernest Lancaster Drive Extension, 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, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of ' FY992164 Drake Field Lancaster Drive Extension 2000. Section 00500 - 6 JJv-21-23 3 ..%:2 .,a:a_ S. HOUR REG;'3v 6 214 767 2730 P.02/36 General Decision Number ARD00007 Supersed=d General Decision No. AR990007 State: Arkansas Construction Tyne: HIGHWAY County(i.es) STATEWIDE CONSTRUCPON, ALTERATION, AND/OR REPAIR OF STREETS, HIGHWAYS, AND RUNWAY PROJECTS (does not include structures on highway rest areas) Modification Number Publication. Date 0 02/11/2000 FORY!u«L'Y rf;i... {K'u 'r •. i.L�.,V V t�ijI AR000007 - 1 02/11/2000 YJN-21-2.3-3.3 a7: 27 WRGE 3 40UR REGION 6 COUNTY(lee) : STATEWIDE SUAR2001A• 01/19/1990 BRICKLAYERS CARPENTERS CONCRETE FINISHERS ELECTRICIANS IRONWORKERS: Structural Reinforcing LABORcRS: 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: Less than 5 sacks 5 sacks and over Backhoe Operator - Rubber tired (1 yard or leas) Cherry picker operators Concrete paver operators Rates 7.20 7.20 t 7.20 8.75 6.30 5.45 5.15 5.15 5.85 5.15 5.45 5.15 5.15 5.45 5.15 5.45 6.40 5.15 6.20 6.20 5.80 5.15 5.15 5.80 6.90 5.65 5.65 5.65 5.15 6.20 6.10 6.10 6.70 214 757 2730 Fringes AR000007 - 2 02/11/2000 1 I ?J%1 -21-200a 07:25 WAGE & HOUR REGION 6 214 767 2730 P.04/06 • Concrete sperader operators 6.70 Crane, Derrick, Dragline, Shovel, Sackhoe, Operators 1-1/2 yards or less 6.70 '• over 1-1/2 yards 7.20 Crusher operators 5.65 Distributor operators 5.65 ' Drill operators (Wagon or truck) 5.65 Elevating Grader operators 6.70 Euclid or like equipment ' operator (Bottom or end O dump) 5.25 �3 Finishing Machine Operators 6.10 Flaggers 5.15 Z • Forkliff operators 5.15 • Form grader operators 5.15 Front end loader operators �. Finish 6.70 ' w r Rough 5.65 Hdro Seeder operators 5.15 Mechanics 6.90 — C) Motor Patrol Operators: C): ' Finish 6.90 Rough 5.65 Mulching machine operators 5.15 -� ' Oilers and Greasers 5.45 Piledriver operators 6.20 ?cover broon operators 5.15 IJ Pug mill operators 5.15 O Roller Operators ;self Cl) propelled) 5.25 i'n Scraper Operators: Cfl • Finish 6.90 • Rough 5.65 Sod slicing machine operatcrs 5.15 Stabilizer mixing machine ' operators 5.65 Tractor operators (crawler type) 5.15_ ' Tractor operators (farmn and sheel) 5.15 Tractor operators -wheel type (with attach. -1 yd. or under) 5.55 ' Trenching Machine operators 5.55 STCNEMASONS 7.20 TRUCK DRIVERS: Distributor truck drivers 5.45 '• Semi -trailer 5.45 Lowboy drivers 5.65 Transit mix truck drivers 5.45 ' Truck Drivers (heavy - maximum pay load in excess of 3,000 lbs.) 5.15 Truck Drivers (light - maximum pay load 3,000 lbs.) 5.15 AR000007 - 3 02/11/2000 I LJ`1-21-2787 .77:23 .Mr_ .; DOUR REGION S 214 76? 2730 P.05'06 WELL DRILLERS 6.90 n WELDERS -,Receive rate prescribed for craft performing operatio to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFRa5,S(a) WAGE DETERMINATION APPEALS PROCESS Has there beer, an initial decision in the matter? This can be: + an existing published wage determination a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the. survey was conducted because chose. Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) shou-d be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) IIf the answer to the question in 1,) is yes, then an interested tarty (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 25 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 AR000007 - 4 02/11/2000 II II 1(i)) it :zJ - _I 0 _ r ' IJti-21-2a3a •37:2? Wa'a= 1JJ R'aIUN 6 214 767 273J ?.06 e06 ' The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. ' 3.i If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review ' Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 20C Constitution Avenue, N. W. Washington, D. C. 20210 6.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1 FOR INrurtWA, i O = . FunP`OSES • ONLY [I I H I 11 I I ITOTAL ?.06 I I WAGE, LABOR, EEO AND SAFETY REQUIREMENTS ' SECTION A (FEDERAL AVIATION ADMINISTRATION REQUIREMENTS) A-1. Airport Improvement Program. The work in this Contract is included in Airport Improvement Program Number 3-05-0058-02 which is being undertaken and accomplished by the Siloam Springs Airport Commission in accordance with the terms and conditions of a grant agreement between the Siloam Springs Airport Commission and the United States, under the Airport and Airway Development Act of 1982 (PL 97-248) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. A-2. Consent to Assignment. The Contractor shall obtain the prior written consent of the Siloam Springs Airport Commission to any proposed assignment of any interest in or part of this Contract. ' A-3. Convict Labor. No Convict Labor may be employed under this Contract. A-4. Veterans Preference. In the employment of labor (except ' in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515 (c)(1) and (2) of the ' Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. IA -S. Withholding: Sponsor from Contractor. Whether or not payment or advances to the Siloam Springs Airport Commission may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay ' laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this Contract. A-6. Nonpayment of wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this Contract, the ' City of Corning may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. ' A-7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. FY992164 Drake Field Lancaster Drive Extension -1 I AA=B. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained ih paragraphs A-1, A=3, A-4, A-5, A-6, and A-7 requiring1 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) B1. 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. (b) (1) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably FY992164 Drake Field Lancaster Drive Extension 2 I I I F1 I I I I I [I I I 1 I I to the wage determination. Approval will be given for an additional classification and wage rate, and fringe benefits therefore, only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be representatives, and Siloam Springs Airport Commission 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 Siloam Springs Airport Commission to the FAA for tentative approval and transmittal to the Department of Labor, Employment Standards Administration, Administrator of the Wage and Hour Division, Washington, D.C. 20210. The Department of Labor will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the FAA or will notify the FAA within the 30 -day period that additional time is necessary. (29 CFR 5.5 (a) (1) (I)). (3) In the event the Contractor, the laborers or mechanics, including apprentices and trainees, to be employed in the classification or their representatives and the Siloam Springs Airport Commission do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Siloam Springs Airport Commission shall send the questions, including the views of all interested parties and the recommendation of the sponsor, to the FAA to be referred, with the recommendation of the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (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 FY992164 Drake Field Lancaster Drive Extension -3 I 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 theil interested parties cannot agree upon a cash equivalent of theil fringe benefit, the question accompanied by the recommendation!hj of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii) ). (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided,. however, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (29 CFR 5.5 (a) (1) (iv)). • B-2. Withholding: FAA from Sponsor pursuant to the terms of the grant agreements between the United States and Siloam Springs Airport Commission relating to Airport Improvement Program Number 3-05-0058-02 and Part 152 •of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or -cause to be withheld from the Siloam Springs Airport Commission 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 Siloam Springs Airport Commission 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). 8.3. Payrolls and Basic Records (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2) of the Davis -Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5 (a) (1) (iv) (see sub -paragraph (d) of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a planor FY992164 Drake Field Lancaster Drive Extension 41 I 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 Siloam Springs Airport Commission for availability to the FAA, as required by paragraph ' 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll shall be accompanied by a "Statement of Compliance", signed by the employer or his agent who pays ' or supervises the payment of persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under paragraph B-3 (a) above and that such information is correct and complete. ' (ii) That each laborer and mechanic, including each helper, apprentice and trainee, employed on the contract during the payroll period has been paid the full weekly ' wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3. (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ' (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission ' of the "Statement of Compliance" required by paragraph B- 3 (2) of this section. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or FY992164 Drake Field Lancaster Drive Extension 5 1 criminal prosecution under Section 1001 or Title 18 and1l 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 ,I 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)). BB=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 Apprenticeship Agency recognized by the Bureau, or if a personll is employed.in his first 90 days of probationary employment as II 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 p State Apprenticeship Agency (where appropriate) to be eligible for probationary "employment as an apprentice. The allowable ratio of apprentice to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered, program. Any employee listed on a payroll at an apprenticed 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 III classification of work he actually performed. In addition,,, .any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid,] not less than the applicable wage rate on the wage F 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 FY992164 Drake Field Lancaster Drive Extension 6i qII I provisions of. the apprenticeship program. If the apprenticeship program does not specify fringe benefits, ' apprentices must be paid the full amount of the fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of the ' apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CFR 5.5 (a) (4) (I)). (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined Irate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, ' Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on the job site shall 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 t 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 FY992164 Drake Field Lancaster Drive Extension - 7 i 1J 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. U) The FAA shall promulgate the necessary regulations or procedures, for federally assisted construction programs for which.it does not contract directly, necessary to insure that. contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan or guarantee of funds shall be approved by the FAA 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 54 are herein incorporated by reference in -this contract. R 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 includeS sponsor, the U.S. Department of Labor, or the employees or their representatives. BB=B. Certification of Eligibility. (a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be FY992164 Drake Field Lancaster Drive Extension 8 I. I awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (2) (1). (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or CFR 5.12(a) (1). (c) The penalty for making false statements is prescribed in 1 the U.S. Criminal Code, 18 U.S.C. 1001. B-9. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the 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)). O '1 1 W; rhhr.l Ail nn Fnr TTnn=i rl Wnr,cc nnrl T.i rnii rR t rR Tlamarrac 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 FY992164 Drake Field Lancaster Drive Extension 9 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 may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the labor standards clauses set forth (29 CFR 5.5 (a)(6), 5.5 (c) (4)) . B-14. Contract Termination; Debarment. A ..breach of clause B-1, through B-13 may be grounds for termination of the Contract; and for debarment as a Contractor or.subcontractor as provided for in 29 CFR 5.12. SECTION C (EQUAL EMPLOYMENT OPPORTUNITY CLAUSE) During the performance of this Contract, the Contractor agrees as follows: C-1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national origin. Such action shall include, but not be limited to the following: Employment,. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. C-2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard .to race, color, relation sex or national origin. C-3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising, the said labor union or 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. FY992164 Drake Field Lancaster Drive Extension - 10 I C-4. The Contractor will. comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the ' rules, regulations, and relevant orders of the Secretary of Labor. C-5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, 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-1 through C-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a Contractor becomes involved, in, or is threatened with, litigation with a subcontractor or vendor as a ' result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. ' SECTION D (HEALTH AND SAFETY REQUIREMENTS) D-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). r nrt r ATTlT ma'n's (.nwTT Tm T rTTn TTn TET TTTTTr VT.C/`TDT f7 T. CTTT:D (_V no OTHER HAZARDOUS ENERGY SOURCES For projects involving electrical energy or other hazardous energy sources, the Contractor shall FY992164 Drake Field Lancaster Drive Extension - 11 I submit a copy of their Lockout/Tagout 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/Tagout 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) E-1. Any other provision herein to the contrary notwithstanding, the Contractor in carrying out work under this Contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the Contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10 entitled Item P-156, Temporary Air and Water Pollution, Soil Erosion and Siltation Control. Copies of this Advisory Circular can be obtained free of charge from Department of Transportation, Distribution Unit, TAD -484.3, Washington, D.C. 20590. E-2. Contractors and subcontractors agree: (a) That any facility to be used in the performance of the contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. (b) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) That as a condition for award of a Contract he will notify 'Ii • 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 1•1 and requirements. SECTION F (STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246, as amended)) FF=1. As used in these Specifications: FY992164 Drake Field Lancaster Drive Extension -12, it I I I I I I (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; © "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. ' FF=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, Pits 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 t compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under ' the plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve ' the plan goals and timetables. F-4. The Contractor shall implement the specific affirmative action standards provided in paragraphs F -7.a. through F -7.p. of ' these Specifications. The goals set forth in the solicitation from FY992164 Drake Field Lancaster Drive Extension - 13 r LI which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization; the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. F-5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's• obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. F-6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. F-7. The Contractor shall take specific affirmative actions to insure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites', and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically insure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, .addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual: If such individual was sent to the union hiring hall for. referral FY992164 Drake Field Lancaster Drive Extension -:,14 I 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 t• meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with ' all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on -site supervisory personnel such as superintendents, general ' foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, II 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 FY992164 Drake Field Lancaster Drive Extension - 15 minority and female students; and to minority and female recruitment and training organizations .serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after. school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractors. and suppliers, including circulation of solicitations to minority and female Contractor associations and.other business associations. (p).Conduct-a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. F-8. Contractors are encouraged to participate in voluntary! associations which assist in fulfilling one or more of their affirmative action obligations (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;, FY992164 Drake Field Lancaster Drive Extension 16 I I I I I I I I I I I I I I I I I I I 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). 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-il. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. F-12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. F-13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to insure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. F-14. The Contractor shall designate a responsible official to monitor all employment related activity to insure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, FY992164 Drake Field Lancaster Drive Extension - 17 I social security .number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer) , dates of changes in status, hours worked per week in the indicated trade,. rate of pay, and locations at which the work -was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. F-15. Nothing herein provided shall be construed as a limitation upon. the application of other laws which establish different standards of •compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SECTION G (DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS) GG=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. DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance lot 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 (DBE) goals. FY992164 Drake Field Lancaster Drive Extension - -18 I H (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 DEE 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 demonstrate, to the satisfaction of the airport sponsor, that ' a good faith effort has •in fact been made and that meeting said goals is not reasonably possible. If any apparent low bidder cannot do so, the contract may, at the option of the airport sponsor, be awarded to the next low bidder able to meet these requirements. Agreements between bidder/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other ' bidder/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DEE subcontractor that is unable to perform successfully with another DEE ' 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 DBE ' affirmative action efforts. SECTION H (MONTHLY EMPLOYMENT UTILIZATION REPORT (Standard Form 257 - Aug. 1976) Authorized By Section 204 Of Executive Order 11246 ' and 41 CFR 60-1.4(5)) The Contractor will file with the Area Director, U. S. Dept. ' of Labor, CFCCP, P. O. Box 1296, Little Rock, Arkansas 72203, to reach that office by the fifth of each month, beginning with the effective date of the contract for the duration of the contract, Monthly Employment Utilization Reports (Standard Form 257 following page), in accordance with the instructions contained on the form. Members of the Associated General Contractors Highway Heavy Affirmative Action Plan are not required to submit Form CC -257 unless requested. I I FY992164 Drake Field Lancaster Drive Extension 19 I I ' SECTION 10 ' DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to ' construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and ' Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local ' law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid 'program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these ' specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. ' 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. ' 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the owner, of the successful ' bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who ' submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, ' considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12. CHANGE ORDER. A written order to the Contractor covering FY992164 Drake Field Lancaster Drive Extension - 1 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 VV a price is provided in the contract. II 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 completedN,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 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 FY992164 Drake Field Lancaster Drive Extension . . 2 .1 Y I prepared and issued by the General Services Administration of the Federal Government. - ' 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or ' being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," ' "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; • and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures 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 MINOR CONTRACT ITEMS. A major contract item shall ' be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If 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 Al?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. FY992164 Drake Field Lancaster Drive Extension 3 it10-32 PAYMENT BOND.The approved form of security furnished'by 1 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.loca_tion, character, dimensions and details•of the' airport and the work to be done and which are to be considered as a part of the contract,supplementary to the specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport.; 10-36 PROPOSAL. The written offer of the bidder (when submittedil on the approved proposal form) to perform the contemplated work andi 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. it 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, handholds, lighting fixtures and bases; transformers; flexible and'b rigid pavements; navigational aids; buildings; vaults; and, other l manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased FY992164-Drake Field Lancaster --Drive Extension . . 4 El I I I El I I work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-47 WORKING DAY. A working day shall be any day other than a ' legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is ' suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. ' END OF SECTION 10 I I I I I I I FY992164 Drake Field Lancaster Drive Extension SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering:the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year'or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of. State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner no later than 10 days prior to:the specified date for opening bids. 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. •The owner reserves the right to refuse to issue.a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of j the owner, if such regulations are cited, or otherwise included, ;in !� the proposal as a requirement for bidding. FY992164 Drake Field Lancaster Drive Extension 6 L__ Ii I LJ I I HI I I B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. c. Contractor default under previous contracts with the owner. d. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. ' 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall ' satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made ' such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. ' Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available ' for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, 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 U FY992164 Drake Field Lancaster Drive Extension 7 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. I d. If the proposal contains unit prices that are obviously unbalanced. - , e. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. 20-10 DELIVERY OF PROPOSAL. Each- proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidderon the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in Lan additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the FY992164 Drake Field Lancaster Drive Extension - - 8 I I I L1 I I I I I I I I I I I LJ II time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 ' FY992164 Drake Field Lancaster Drive Extension LI 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: I� jl 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; I advertise for new proposals; or proceed with the work otherwise. II 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 p hereinbefore specified in the subsection titled CONSIDERATION OFII PROPOSALS of this section. Proposal guaranties of the two lowestli bidders will be retained by the owner until such time as an award) ,is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will 'I be returned as soon as the owner receives the contracts bonds as 11 specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS'. of this section. J FY992164 Drake Field Lancaster Drive Extension 10 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the ' owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of ' the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. ' 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully ' executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully ' executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. ' 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the ' subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. ' END OF SECTION 30 CI I I I I FY992164 Drake Field Lancaster Drive Extension 11 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 maybe 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. 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 FY992164 Drake Field Lancaster Drive Extension 12 . Li I I I I I I I I I Li F I I I I ri same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. it is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's 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 providesuch 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 FY992164 Drake Field Lancaster Drive Extension 13 Lii abutting property or intersect-ing 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. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use -of which is intended by the terms of the contract to be either embankment or waste, he may at his/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, f d. Use such material as intended by the terms of the contract. HI' H FY992164 Drake Field Lancaster Drive Extension 14 I I I I [I C I I I I I I I I I 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. 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 ' FY992164 Drake Field Lancaster Drive Extension 15 SECTION 50 - CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02' CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be•in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions', material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity -with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability,' and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will 'provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable." If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict 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. II For the purpose of this subsection, the term "reasonably close FY992164 Drake Field Lancaster Drive Extension ��-� ' ---�'-��-----"- I I C I L C I I I I I I I I I I I conformity" is also intended to provide the Engineer with the - authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION OF CONTRACT, PLANS, AND•SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/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. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect FY992164 Drake Field Lancaster Drive Extension 17 and save harmless the:owner from any and all •damagesor 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 STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own •or the Contractor's guidance shall be preserved by the Contractor. In case•of negligence on the part of the Contractor, or`his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. _ . 50-07 AUTOMATICALLY. CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown• or malfunction, provided this method of operations will product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS: Inspectors employed.by the owner, shall be authorized, to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision, of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. - 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 detail of the work The Engineer shall shall be furnishes Contractor as is inspection. OF THE WORK. All materials and each part or shall be subject to inspection by the Engineer. be allowed access to all parts of the work and 3 with such information and assistance by the required to make a complete and detailed 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 o± - examined prove acceptable, the uncovering, or removing, and the FY9921G4 Drake Field Lancaster Drive Extension 18 11 I I I Li I I I H I L I I I 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 CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. ' 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve ' the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause ' damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads FY992164 Drake Field Lancaster Drive Extension 19 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. the the ry an' All costs of maintenance work during construction and before project is accepted shall be included in the unit prices bid on various contract items, and the Contractor will not be paid additional amount f h k or such wor II 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any 1 time fail to maintain the work as provided in the subsection titled !I MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory 1! 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 4 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 1I further responsibility for that unit. Such partial acceptance andli 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 andiI 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 ---FY992164 Drake Field Lancaster Drive Extension - - -- ---- -20J II I I I I I Li I C L I I I I I I I 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 hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 ' FY992164 Drake Field Lancaster Drive Extension 21 C SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY used on the work shall conform to the plans, and specifications. Unless materials that are" manufactured or compared to used or reprocessed). II REQUIREMENTS. The materials,, requirements of the contract, otherwise specified, such! processed shall be new (as In order to expedite the inspection and testing of materials, them Contractor shall furnish complete statements to the Engineer as to�. the origin, composition, and manufacture of all materials to be ,I 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;l is cited in the plans or specifications, the Contractor shall,, furnish such equipment that is: it a. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved' Airport Equipment, that is in effect on the date of advertisement;!! and, b. Produced by the manufacturer qualified (by FAA) to produce!! such specified and listed equipment. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission'! of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be II 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 l 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 toj or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request.. li - 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 FY992164 Drake -Field -Lancaster -Drive Extension- -" 22 JI II ri U with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of ' compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. ' The form and distribution of certificates of compliance shall be as approved by the Engineer. I I I I I C H I I I I H When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to assembly, he shall furnish the compliance as hereinbefore descr. material or assembly. However, judge as to whether the proposed the work. furnish an "or equal" material or manufacturer's certificates of Lbed for the specified brand name the Engineer shall be the sole "or equal" is suitable for use in The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. 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. IFY992164 Drake Field Lancaster Drive Extension 23 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 retest any material which source of supply after it Engineer shall have the ric retested, does not meet the 'specifications. that the owner shall have the right to has been tested and approved at the has been delivered to the site. The ht to reject only material which, when requirements of the contract, plans,'or 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 withthe 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. 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. FY992164 Drake Field Lancaster Drive Extension - - 24 I I I I IT I I I I L I I I 11 I I 60-08 OWNER FURNISHED MATERIALS.- The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner -furnished materials shall be included in the unit price bid for the contract item in which such owner -furnished material is used. After any owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner - furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner -furnished materials. END OF SECTION 60 IFY992164 Drake Field Lancaster Drive Extension 25 H II SECTION 70 - {{ ,'li II �l LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 1!ii 70--i LAWS TO BE OBSERVED. The Contractor shall keep fully F' ill informed of all Federal and state laws, all local laws, ordinances, ,I; 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 affectis the conduct of the work. He shall at all times observe and comply, with all such laws, ordinances, regulations, orders, and decrees;'i 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, ii 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 ii give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the I: Contractor is required or desires to use any design, device, 'I material,or process covered by letters of patent or copyright, he'll shall provide for such use by suitable legal agreement with the 11 patentee or owner. The Contractor and the surety shall indemnifyii and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of.11 the use of any such patented design, device, material or process, I, or any trademark or copyright, and shall indemnify the owner fors any costs, expenses, and damages which it may be obliged to pay byll 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 owners' 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. II The Contractor shall not permit any individual, firm, or ii corporation to excavate or otherwise disturb such utility servicesil or facilities located within the limits of the work without the 's written permission of the Engineer. si Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency bei•! authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction,I 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 their work which' are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. FY992164 Drake Field Lancaster Drive-- Extension- --_-------__-- -- -- 26„ -- ^- -- _- ll I I It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United ' States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In ' consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity ' Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the ' inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or ' specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal ' Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. ' 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and ' regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, •or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling ' public. Under all circumstances, safety shall be the most important consideration. 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. FY992164 Drake Field Lancaster Drive Extension 27 I 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The II Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the !I public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. 1 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 1.1 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 V construction equipment in reasonable conformance to AC 150/5370-2. ii. The Contractor shall furnish and erectS 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 operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the for the prosecution of the work, the utmost care not to endanger life or The Contractor shall be responsible the use of explosives. be permitted within the, air j jl use of explosives is necessaryll Contractor shall exercise the property, including new work. for all damage resulting from All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of 11 the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from.injury. Drake Field Lancaster Drive Extension - 28 II �1 I in I I I 1 I I H C I I I HMI The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act, '' or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY between the parties executing fr by any of the provisions of any public or any member thereof ' authorize anyone not a party to personal injuries or property provisions of the contract. 2LAUSE. It is specifically agreed Le contract that it is not intended part of the contract to create the a third party beneficiary or to the contract to maintain a suit for damage pursuant to the terms or IFY992164 Drake Field Lancaster Drive Extension 29 I i, 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: Access to the sewer lift station at Station 12+83 will be7 !� maintained for regular scheduled source and Emergency Service required. M; No portion of the work may be opened by the Contractor for! public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall•not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the 1 contract work. ', 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's;; final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL -ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action,) of the elements or from any other cause, whether arising from the, execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above)) causes before final acceptance and shall bear the expense thereof, except damage to the work due to unforeseeable causes beyond the, control of and without the fault or negligence of the Contractor, ii 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 FY992164 Drake Field Lancaster Drive Extension --- "— -30-„----- ""', El ij IIG soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private ' utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall ' control his/her operations to prevent the unscheduled interruption of such utility services and facilities. 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) Electricity Telephone Gas Water All Utilities SWEPCO S.W. Bell Telephone Co Contel Ark. Western Gas Co. Water Department City of Fayetteville Arkansas One Call 1-501-521-3000 1-501-980-3100 1-800-482-8998 1-501-524-4165 1-501-521-1250 1'-800-482-8998 It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be ' shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. ' It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such ' notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general 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 FY992164 Drake Field Lancaster Drive Extension 31 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 it provided shall be cause for the Engineer to suspend the; Contractor's operations in the general vicinity of a utility !I service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall 'be required to use excavation methods acceptable to the Engineer within.3 feet (90 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 �l immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or ii interruption of service. The Contractor, in such events, shall !1 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 �I owner. The Contractor shall bear all costs of. damage and restoration of service to any utility service or facility due to his/her �I operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any I; monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS -OF -WAY. The owner will be responsible for;, furnishing all rights -of -way upon which the work is to :be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon! the Engineer, his/her authorized representatives, or any officials:. of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents andlj 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 FY992164 Drake Field Lancaster Drive Extension 32 'I I I I I I 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. 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. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the ' current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any ' building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will ' direct the Contractor to either resume his/her operations or to suspend operations as directed. ' Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or ' supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in ' accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 I IFY992164 Drake Field Lancaster Drive Extension 33 H SECTION 80 - i 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 ;I 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;I construction and from which date contract time will be charged. !1 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; andll 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 I,' materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued forli 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. 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. FY992164 Drake Field Lancaster Drive Extension -- .35 w I PT When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. ' When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the ' Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified ' communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. ' 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. ' 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 ' FY992164 Drake Field Lancaster Drive Extension 35 I. , 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. F. 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 11 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 nol'. control, the Contractor may be reimbursed for actual money expended 11 on the work during the period of shutdown. No allowance will bell. made for anticipated profits. The period of shutdown shall bell. 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 r, work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The ,1 Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No,, provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the' Contractor's control, it shall be adjusted as follows: a. .CONTRACT TIME based on WORKING DAYS shall be calculatedly weekly by the Engineer. The Engineer will furnish the Contractor a i copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of I: working days currently specified for completion of the contract (the original contract time. plus the number of working days, if FY992164 Drake Field Lancaster Drive Extension 36 I I 1 I I I I I any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. (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 FY992164 Drake Field Lancaster Drive Extension 37 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. 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 N subsection, he may, at any time prior to the expiration of the II contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a ! valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion•in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE. TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION, AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as'liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time !! specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in FY992164 Drake Field Lancaster Drive Extension 38 LI I 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 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. When the contract, or any portion thereof, is terminated before FY992164 Drake Field Lancaster Drive Extension 39 completion of all items of work in the contract, payment will be 1i made for the actual number of units or items of work completed at ;I the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of !! anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead;, expenses, (when not otherwise included in the contract) and moving equipment and materials to and. from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option ;i of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither1 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. II END OF SECTION 80 !I II FY992164 Drake Field Lancaster Drive Extension 40 I 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 ' 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 FY992164 Drake Field Lancaster Drive Extension 42 ii I. that the actual contents may be -readily and accurately determined. All vehicles shall be loaded to at least their water level I' 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 it pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60 F or will,, be corrected to the volume at 60 F using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes! in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not I� incorporated in the work. Whenbituminous 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. is 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. .i ,. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer,, in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, �! .plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., sucha, '. 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. - ', if FY992164 Drake -Field Lancaster Drive Extension - III II li I Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and ' maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct ' weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked ' length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound. The use of spring balances will not be permitted. ' Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. ' Scale installations shall have available ten standard 50 -pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. ' Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. ' Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct 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 be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work ' are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If ' revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. ' 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for FY992164 Drake Field Lancaster Drive Extension - - 44 furnishing all materials, contract in a complete and loss, damage, orIexpense of nature of the work or the provisions of the subsectic Section 70. for performing all work under the acceptable manner, and for all risk, whatever character arising out of the prosecution thereof, subject to the n titled NO WAIVER OF LEGAL RIGHTS of 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 completed and acceptable prior to the Engineer's order to omit or nonpreform 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. a II 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�1 1 the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the 1l Contractor as to the nature the amount of such costs. 90-05, PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work,.i� performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed FY992164 Drake Field Lancaster Drive Extension 45. I I I I I I H I I I I El I [1 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. (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. ' 0 FY992164 Drake Field Lancaster Drive Extension 46 From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and l' retained by the owner until the final payment is made, except as:. may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall, be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD I; 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 amountli 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. 1: It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in ,excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. " No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as., provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of:, this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made V. 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 l; satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the owner legal title (freed of liens or encumbrances of any kind) to the material so stored orp stockpiled. FY992164 Drake Field Lancaster Drive Extension 47 I 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. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the ' provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. ' a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such ' escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. ' c. The Contractor shall enter into an escrow agreement satisfactory to the owner. ' d. The Contractor shall obtain the written consent of the surety to such agreement. ' 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The ' Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final ' quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the FY992164 Drake Field Lancaster Drive Extension -48- Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and' all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 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 ..FY992164 Drake Field Lancaster Drive Extension - 49 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 perform stripping, excavation, culverts, installation backfill, grading, security fence installation and relocating, and seeding. All excess ' soil shall be disposed of on airport property within 3A mile of the project. 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. ' In addition, the Contractors and/or Subcontractors must coordinate their activities so that one does not damage work previously completed by the other. 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 unlocked or 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 work shall be as proposed by the Contractor shall be submitted to the Engineer before construction begins. The schedule need not be elaborate but shall be in detail sufficient to show clearly the exact work that the Contractor is proposing. 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: FY992164 Drake Field Lancaster Drive Extension 1 (1) II to interpret the Plans and Specifications 'and define ii their intent and meaning; - (2) to determine whether the work done •and materials h 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; k (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; II (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 !I Plans and Specifications or the refusal or. failure of either party to perform any part thereof; li (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 �I amend or modify the Construction Contract; (9) •.to delegate his responsibilities to -other representatives II of the Owner in connection with specific portions of the.1I Work; l (10) to disapprove or reject Work which is "defective" (which 1i 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 II 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�I Specifications shall be referred to the Engineer for ry decision; which he will render in writing within a ;I reasonable time; IJ All- decisions and determinations made by the Engineer FY992164 Drake Field Lancaster Drive Extension 2 li I I I I I I I I 11 I I 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 material man, 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 any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work. ENGINEER'S VISITS TO THE SITE. The Engineer will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Plans and Specifications. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Plans and Specifications. On the basis of his on -site observations, he will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. All of the work performed shall be subject to the inspection and ' approval of the Engineer. The Engineer and his representatives shall at all times have access to the work and the materials necessary for the performance thereof, and the Contractor shall ' provide proper facilities for access and inspection. If the Plans and Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any of the work to be tested or approved, the Contractor shall give the Engineer timely notice of •' its readiness for inspection and, if the inspection is by authority other than the Engineer, of the date fixed for such inspection, but any such inspection shall not diminish the necessity of inspection and approval by the Engineer. Inspections made by the Engineer ' shall be promptly made. If any work should be covered up without the approval or consent of the Engineer, it must be uncovered for inspection at the Contractor's expense if required by the Engineer. ' CONTRACTOR'S EXAMINATION. The Contractor will be held to have examined all information, documents, and drawings furnished to him by or on behalf of the Owner in connection with this Contract and shall consult with the Engineer in the event of any error or inconsistency or in the event any portion of the Work is not sufficiently detailed or explained, and in no event shall the Contractor proceed with the Work in uncertainty. It is understood ' and agreed that the Contractor has, by personal examination at the FY992164 Drake Field Lancaster Drive Extension 3 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 Specificationsand made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract price in accordance with the requirements..:of the Plans and Specifications and that he has correlated the results of all such data with the requirements of the Plans and Specifications. Failure on the part of the. Contractor to have fully :informed himself of site conditions, and to fully understand the extent of the Work required, shall not excuse him in any way from his obligation to supply and install the Work in accordance with the Specifications and Plans, and under all conditions as they exist. No extra' compensation will be allowed because of his failure to so inform himself. His submission of a bid on the project shall be considered as sufficient evidence that the Contractor has complied with the above requirements. ARRANGEMENT OF SPECIFICATIONS AND PLANS. Titles to sections and paragraphs .-in the Specifications are used merely for convenience, and shall not be as a correct or complete segregation of the several units of materials, equipment and labor., nor as an attempt to. outline or define jurisdictional procedures. Likewise, the identifications of any Plans shall not control the Contractor in dividing the work among Subcontractors or delineating the Work to be performed •by any specific trade. No responsibility, either direct or implied, is assumed by the Engineer, or the Owner, for omissions or duplications by the. Contractor or by any of his subcontractors, due to real or alleged errors in arrangement of matter in the Plans and Specifications. WORKMEN. The Contractor shall employ, or cause to be employed, on or in connection with the performance of the Work only persons who are fit and skilled in the work assigned... The Contractor shall at all times enforce, or cause to be enforced,strict discipline and good order among the workmen employed on the Work.. Should any disorderly, incompetent, or objectionable person be employed by the Contractor, or by any subcontractor, upon or, about the Construction Site, the Contractor shall, upon request of the Engineer, cause such person to be removed from the Work and not .again, employed thereon without the written permission of the Engineer. HORSEPLAY, FIGHTING AND ROAMING. Horseplay, scuffling, fighting or carrying of firearms is not permitted on the Construction Site. The Contractor's men shall confine their activities to the specific area of construction -work: INSURANCE GENERAL - The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish Owner with . complete copies of all insurance policies FY992164 Drake Field Lancaster Drive Extension 4 the h and II ii it I ' certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following ' statement. "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days written notice has been received by the Owner". ' In case of the breach of any provision of this Article, the Owner at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may ' deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not ' execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his ' subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. ' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of ' his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workman's ' Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Haborworker's Act and the Federal Jones Act. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. I I I I 1 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: Contractor's Comprehensive General Liability Insurance For not less than the following limits of liability: Bodily Injury: $500,000 each occurrence $500,000 aggregate Property Damage: $250,000 each occurrence $250,000 aggregate FY992164 Drake Field Lancaster Drive Extension 5 7 Include the following coverage: 0 Waiver of all "XCU" exclusions. 0 Broad Form Property Damage and Personal Injury Liability. o Independent Contractor's -Coverage 2. Contractor's Comprehensive Automobile Liability Insurance For not less than the following limits of liability: Bodily Injury: $ 500,O00 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. it 3. Contractor's Excess Umbrella policy: $1,000,000 limit of liability policy shall be provided. BUILDER'S RISK ALL-RISK INSURANCE Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain d: 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. (i OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE The contractor's shall, at his expense, provide the Owner with an Owner's and Contractor's Protective Liability Insurance Policy naming the Owner as the named insured and the Engineer, its architects and engineers, and each of their officers, agents, and employees as additional insured under that policy, said policy -to protect said parties from claims which may arise from operations I under the Contract. Limits of policy coverage shall be: Bodily Injury: $ 500,000 each person I $1,000,000 aggregate If Property Damage •$ 250,000 each person r iI $ 250,000 aggregate FY992164 Drake Field Lancaster Drive Extension - 6 Li 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 these SPECIAL PROVISIONS. ' NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contractor, there will be no personal liability upon any public ' official. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and t against damages, losses, and expenses including attorney's fees, up to the amount of the Contract price, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part ' by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the observation of the Work that is the subject of this construction Contract. In any and all 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. ' The above named limits shall be operative except where, in the opinion of the Owner, the character of the work and hazards involved warrant the establishment of greater coverage (established by letter from the Owner to the Contractor). The Contractor shall ' furnish the Owner with duplicate copies of all policies or certificates from insuring agencies as evidence that these requirements have been satisfied. It shall be the entire responsibility of the Contractor to purchase and place in effect ' during the entire life of the Project, all insurance and bonds as applies to the Project and is requested herein. IFY992164 Drake Field Lancaster Drive Extension 7 CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In addition, the bidder shall provide a statement of premium cost issued by the agent or insurance carrier for, that coverage. In the event the Owner determines that the low bidder's coverage in force is inadequate, the Owner may require the low bidder to procure additional coverage in amounts specified by the Owner. The cost of premiums for such additional coverage shall be paid by the Owner in the form of a reimbursement under the contract. In the event the low bidder is unable, after diligent effort, to procure such additional coverage as may be required b the Owner the Owner shall provide such additional coverage, naming the contractor as insured or, at the option of the Owner, reduce the amount of additional coverage required or waive any qu requirement for additional coverage. Third Party Coverage The bidding documents require the contractor to name the engineer and the Owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium,. for the named. Owner and Engineer, above the premium for the coverage shown in the Certificate of Insurance '. submitted with the bid. The additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract under Bid Item No. 22. Surety and Insurer Qualifications All bonds, insurance contracts, and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company, having his place of business in the State of Arkansas, and in all way complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. SUBCONTRACTORS. 'The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner, nor shall the Contractor allow such Subcontractor to commence work until he has provided and obtained approval of such compensation and General Liability insurance as may be. required under the laws of the State. The approval of such Subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be used by the Contractor for the use of his employees, subcontractors, suppliers, etc. in gaining routine access to the site on a daily basis is described in Section "SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES" of these SPECIAL PROVISIONS. The Owner may limit the areas available for parking for the Contractor's work force. FY992164 Drake Field Lancaster Drive Extension , 8 li '; I' T. I I [1 I I I OWNER -FURNISHED MATERIALS. Section 60-08 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. PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL ' PROVISIONS do not apply to this project. The entire project is to be satisfactorily completed and ready for the Owner's use before acceptance. PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is emphasized. Within 7 days following execution of the Contract, the Contractor shall provide the Engineer with a suggested progress schedule for the project. The schedule shall be subject to ' approval by the Engineer. At least monthly, generally in conjunction with the processing of requests for partial payment, the Engineer and Contractor shall ' review the progress schedule, assess whether the project is on schedule, and adjust the schedule as necessary to maintain the 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. FY992164 Drake Field Lancaster Drive Extension 9 II CONTRACTOR TO PERFORM CONSTRUCTION STAKING. Special attention is i1 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 Ii from which the Contractor may work. Thereafter it will be the Contractor's responsibility to set all grade hubs (blue tops), 1 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 (5O') foot centers for construction of the ii subgrade and base courses. WORK DONE•WITHOUT LINES AND GRADES. Any Work done without lines, FI grades, or levels being given properly established, or done without the approval of an inspector or other representative of the Owner, may be ordered removed and replaced at the Contractor's cost and expense. PRESERVATION OF MONUMENTS AND STAKES. The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, and .in case of willful or careless destruction of the same, he will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by,the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes'a delay in the work, the Contractor shall have no claim for damages or extensions of time.- In the case of any permanent monuments or bench marks which must of necessity be removed or disturbed in the construction of the work, the Contractor shall carefully protect and preserve the same untilthey can be properly referenced and relocated. The Contractor shall also furnish at his own expense such materials and 'I assistance as are necessary for the proper replacement of monuments N; 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 II 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 FY992164 Drake Field Lancaster Drive Extension 10 li '1 IHI '. I I I I and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other Work after the execution of this Work. The Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. The Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their Work with the written consent of the Engineer and of the other contractors whose Work will be affected. If the performance of additional Work by other contractors or the Owner is not noted in the Plans and Specifications prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore. RECORD DRAWINGS. The Contractor shall keep one record copy of all Project Specifications, Plans, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Engineer and shall be delivered to him for the Owner prior to final acceptance of the Project. PUBLICITY. No information relative to the Work shall be released ' by the Contractor, either before or after completion of the Work, for publication or for advertising purposes without the prior written consent of the Owner and the Engineer. MODIFICATIONS AND WAIVERS. No change in, addition to, or waiver of any of the provisions of the Construction Contract shall be binding upon either Party unless in writing signed by an authorized representative of such Party. No waiver by either Party of any breach of the other Party of any of the provisions of the Construction Contract shall be construed as a waiver of any subsequent breach, whether of the same or of a different provision of the Construction Contract. STANDARDS. Materials or processes for which ASTM standards have been adopted shall, unless in conflict with specified requirements, meet the requirements of the latest edition of the ASTM standards. Where a specified material is followed by a reference to a specification, standard, test method or code such as "ASTM C150", "ASA Code", etc., it shall be understood to mean that the material shall meet the requirements of the referenced specification, standard, test method or code; and, except where a specific edition is referred to, it shall be understood that the latest edition including additions and/or amendments thereto, as of the date the Contract is awarded, shall apply to Work under this Contract. TESTING. The Engineer will conduct OR CALL FOR compaction tests on earthwork, as necessary to assure proper compaction and therefore, a stable, a subgrade and base. Also, concrete cylinder tests will be made by a laboratory of the concrete used in the project at 7 days and 28 days of age to assure that quality concrete is being delivered to the job. The cost of the tests will be borne by the FY992164 Drake Field Lancaster Drive Extension 11 lt Owner, except that retests, made after first tests have failed, II will be paid for by the Contractor. - In view of this; the Contractor will want to be certain that he is ready for tests when he requests that they be made. The Contractor. shall give the Engineer at least 24 hours notice, as to when any part of the Work will be ready for observation and/or testing. No part of Saturdays or Sundays shall be counted as part,, of the required hours of notice.. The Engineer shall have the right to order special tests not, required by the Specifications and/or the Plans, whereupon the Contractor shall promptly perform such tests. If the portion of the Work so tested proves to be in accordance with the Specifications and the Plans, all costs involved in such testing' shall be paid for the Owner and if such testing delays the Work, the time within which the Work is to be completed: shall be extended by a mutually agreed toperiodof 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. f, 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!l 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 descriptivell and identified as being for the particular projectil 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". II COST OF PLANS AND SPECIFICATIONS. The Engineer shall provide tole 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 One Hundred dollars, ($100.00) per set of documents required in addition to the three' sets. FY992164 Drake Field Lancaster Drive Extension 12, 'II C I C I I I I I H OWNERSHIP OF ENGINEERING DATA. All Specifications, Plans and copies thereof furnished by the Engineer shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Construction Contract shall be returned to him on request upon completion of the Project. Separate sheets of the Plans and/or Specifications will not be available to subcontractors, suppliers and material dealers for their convenience at reproduction costs. However, it will be their responsibility to check their compliance with a complete set of contract documents prior to executing the Work to insure a complete and satisfactory interface with other contractors and/or subcontractors. DAMAGE TO EXISTING FACILITIES. The Contractor and/or subcontractor hereunder shall satisfy himself (themselves) as to the location of all underground and above -ground facilities and utilities in or near the site. They shall be continually liable for damage to all improvements and lands, whether the property of the Owner, hereunder, or others, caused by the Contractor's and/or Subcontractor's personnel, equipment, or operation. REPORTING OF ACCIDENTS The Contractor shall submit a written report to the Engineer of any accident or injury occurring at the Construction Site. PRE -CONSTRUCTION CONFERENCE. Within twenty (20) days after delivery of the executed Construction Contract by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the heretofore mentioned schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, the Engineer, Resident Project Representatives, the Contractor and his Superintendent. U WATERWAYS. Present natural and artificial waterways shall be left open to flow freely. Temporary dams or by-passes shall be provided when found necessary or ordered by the Engineer. ' SAFETY AND SECURITY. The Contractor shall comply with, and shall cause the employee and all subcontractors to abide by all safety and security laws, rules and regulations in force at the Construction Site. The provisions of the latest Associated General ' Contractors of America, Inc., dealing with safe practices pertaining to construction work shall be deemed to be in force at the Construction Site to the extent they do not conflict with such laws, rules, and regulations. The Engineer and the Owner shall ' assume no liability concerning the Contractor's safety practices, as safety on the Project will be the sole responsibility of the Contractor. ' FUNCTIONS OF THE ENGINEER AND RELATIONSHIP BETWEEN ENGINEER AND 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 FY992164 Drake Field Lancaster Drive Extension 13 endeavor to, assure that: 1) physical. limits and dimensions, as established in the Plans and Specifications; are adhered to, 2) materials and equipment installed on the project are equivalent to the type, kind, size, quantity, and quality required by the Plans 1 and Specifications, and 3) the finished products or end results are ii 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 ) I 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 1 time.to.time for Work done under the Contract; (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; (8) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; but the Engineer shall not have authority to amend or modify the Construction Contract; (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work or material which is i1 "defective" (which term is hereinafter used to describe Work or material that is unsatisfactory, faulty or defective, or does not conform to the requirements of the FY992164 Drake Field Lancaster Drive Extension 14 I IPlans and Specifications, or does not meet the requirements of any test; ' (11) to require special testing of the Work or material as provided for hereafter whether or not the Work or material is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He ' will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the ' interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for decision; which he will render in writing within a reasonable time; All decisions and determinations made ' by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. The Engineer or his representative may inform the Contractor or his ' sub -contractors of circumstances which, in the opinion of the Engineer or his representative, may predict unsatisfactory results, or he may caution the Contractors, relative to safety hazards which may exist, but these efforts to assist the Contractors or to prevent accidents or problems will in no way relieve the Contractors of their responsibilities and liabilities in these regards. The Engineer or his representative may not be present during every phase of any construction operation, or if he is on -site, he may not witness each and every function or task that the Contractor/sub-contractor may perform. This fact does not relieve the Contractor from his responsibility to see that each item of work and each installation performed by him or his sub -contractor is in strict accordance with the intent of these Plans and Specifications. • CONTRACTOR'S RESPONSIBILITY REGARDING SPECIAL APPLICATION MATERIALS AND PRODUCTS. Within this project may be specified certain ' materials or products, which may be major components of the project or may be ancillary to major components, and which, due to their specified characteristics and/or capabilities, may be required as essential parts of the project. These materials or products are special in that they require special techniques in their application, and therefore, require experienced and skilled craftsmen. These materials or products include, but are not limited to the following: ' 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: FY992164 Drake Field Lancaster Drive Extension 15 LI • Handling, freezing, protection surfaces p: The Contractor shall products as applied capabilities of each TEMPORARY FACILITIES storing, mixing, heating, protection from application, protection after application, of workmen, and curing and preparation of .ior to application. be liable for any failure of such material or to conform to the characteristics and/or as required by the specifications. (a) Utilities for Construction - The Contractor shall arrange.and pay for all gas, water, and electrical power used by him. He shall provide heat, at his own expense, as necessary for all areas. Electrical service connections shall be provided at the' site by the Contractor for the purpose of field office lighting and.! any temporary lighting and power requirements for construction purposes. The Contractor shall determine the location of the existing electrical connection; shall make all temporary connections;, provide. -all necessary extensions thereto, and shall remove all temporary connections and extensions at the completionof the Work. The Contractor shall provide his own facilities for fl compressed air supply and steam. Temporary utilities of all kinds shall be removed promptly after their use has i been discontinued, unless otherwise approved by the I� Owner. (b) Drinking water - The Contractor shall furnish potable 4 drinking water and disposable cups at the job site. The drinking arrangement shall comply with applicable requirements of the Arkansas State Health Department. 1. (c) Bracing, Enclosures, Protection Etc. - The Contractor II shall properly and completely brace all parts of the work 1I as necessary during the construction of the building. 1I When necessary for the protection. of materials or work,..! the Contractor shall erect sheds, enclosures, temporary barricades, or, temporarily enclose the openings of the.l1 building to the satisfaction of the Engineer. II (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 'I 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 I' _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 I. entire period of construction. He shall clean out any,, FY992164 Drake Field Lancaster Drive Extension 16 I I I C I C I I I I I I I I Li I I I 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 damaVe shall be provided by the Contractor. Any roads, curbing, sidewalks or railroad trackage damaged by the Contractor's work shall be repaired at the expense of the Contractor. Wherever existing roadways or sidewalks are cut for trenches in the Work, the Contractor shall provide and maintain safe and proper passage for the usual traffic over such cuts or trenches, by bridges blocking, planking, or other satisfactory methods. (g) Storage and Working Areas - Storage areas will be provided for the storage of the Contractor's materials and equipment, and he shall confine his materials, equipment and operations of his workmen to such limits as indicated by the Owner, and shall not unreasonably encumber the premises. No workmen shall trespass within other areas or buildings of the Owner than those related to the work of this Contract and the Contractor shall rigidly enforce this regulation. Any materials, equipment or temporary structures belonging to the Contractor shall be moved when so directed by the Engineer to permit the execution of Work by others in connection with the Project. Materials shall be stored so as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wood platforms and covered, or stored in a suitable building as directed by the Engineer. Stored materials shall be located so as to facilitate prompt inspection. 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 FY992164 Drake Field Lancaster Drive Extension 17 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 i1 Contractor shall bear the cost of all damages arising therefrom. 1I The Contractor shall comply with all laws, ordinances, rules, it orders, and regulations relating to the protection of adjacent it property, and the maintenance of passageways, guard fences or other r1 protection facilities. The Contractor shall permit and facilitate inspection of the Work i1 by the Owner, and/or its representatives of all work during,ll 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 fl taxes required to be. paid by him in accordance with the law of the II place where the Work is to be performed. EXCAVATION SAFETY The Contractor shall be solely responsible for trench and excavation safety system in accordance with Act 291 of 1993 of the State of Arkansas and OSHA requirements.. Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR1926, Subpart P = Excavation. END OF SECTION FY992164 Drake Field Lancaster Drive Extension 18 II I 1 I I L I I H I Lei I I I I [1 I I ITEM P-152 EXCAVATION AND EMBANKMENT DESCRIPTION 152-1.1 This item covers excavation, disposal, placement, and compaction of all materials within the limits of the work required to construct grading and drainage improvements, or other purposes in accordance with these specifications and in conformity to the dimensions and typical section shown on the plans. 152-1.2 CLASSIFICATION. All material excavated shall be classified as defined below: a. Unclassified Excavation. Unclassified excavation shall consist of the excavation material required to construct the grading and drainage improvements. The excavation material shall be obtained from these areas shall be used to form the subgrade embankment for the grading and drainage improvements. b. Select Fill Material. Select fill material shall consist of approved material required for the construction of the select embankment. Select fill material shall be obtained from areas outside limits of the airport property and be approved by the Engineer. 152-1.3 Unsuitable Excavation. Any material containing vegetable or organic matter, such as muck, peat, organic silt, or sod shall be considered unsuitable for use in embankment construction. Material, when approved by the Engineer as suitable to support vegetation, may be used on the embankment slope. All excess material shall be disposed of on airport property within S mile. 152-1.4 Riprap. Hard and durable quarry -run limestone with less than 35 percent wear when tested for resistance to abrasion in conformance to ASTM C 535. Bulk density shall not be less than 160 pounds per dry cubic foot. The least dimension of any one piece shall not be less than 1/3 the greatest dimension. A minimum of 35 percent of the volume shall be in pieces ranging in size from 1/2 cubic foot to 2 cubic feet. Smaller pieces will be allowed only to fill in the voids in the larger stone. CONSTRUCTION METHODS 152-2.1 General. The suitability of material to be placed in embankments shall be subject to approval by the Engineer. All unsuitable material shall be disposed of in waste areas shown on the plans. All waste areas shall be graded to allow positive drainage of the area and of adjacent areas. The surface elevation of waste areas shall not extend above the surface elevation of adjacent usable areas of the airport, unless specified on the plans or approved by the Engineer. FY992164 Drake Field Lancaster Drive Extension 1 I The Contractor shall inform and satisfy himself as to the character, quantity, and distribution of all material to be excavated. No payment will be made for any excavated material which is used for purposes other than those designated. All stockpile areas, if required, shall be leveled to a uniform line and section and shall present a neat appearance before project acceptance. , When the Contractor's excavating operations encounter artifacts of historical or archaeological significance, the operations shall be temporarily discontinued. At the direction of the Engineer, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for their removal. Such excavation: will be paid for as extra work. Those areas outside of the pavement areas in which the top layer of soil material has become compacted, by hauling or other activities of the Contractor shall be scarified and disked to a depth of 4 inches, in order to loosen and pulverize the soil; If it is necessary to interrupt existing surface drainage, sewers or under -drainage, conduits, utilities, or similar underground structures•the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal if necessary. The Contractor shall, at his/her own expense, satisfactorily repair •or pay the cost of all damage to such facilities or structures which may result from any of the Contractors operations during, the period of the contract.. 152-2.2 EXCAVATION. No excavation shall be started until the work has been staked out by the Contractor and. the Engineer has obtained elevations and -measurements of the ground surface. ' All suitable excavated material shall be used in the formation of embankment, subgrade, or for other purposes shown on the plans. All unsuitable material shall be disposed of as shown on the plans, or at off -site locations secured by the Contractor. When the volume of the excavation exceeds that -required to construct the embankments to the grades indicated, the excess shall be used to grade the areas of ultimate development or disposed of as directed. When the volume of excavation is not sufficient for constructing the fill to the, grades indicated, the deficiency shall be obtained from borrow areas. The grade shall be maintained so that the surface is well drained at all times. When necessary, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. FY992164 Drake Field Lancaster Drive Extension I a. Selective Grading. When selective grading is indicated on the plans, the more suitable material as designated by the Engineer ' shall be used in constructing the embankment or in capping the pavement subgrade. If, at the time of excavation, it is not possible to place this material in its final location, it shall be stockpiled in approved areas so that it can be measured for payment for rehandling as specified in paragraph 3.3. b. Undercutting. Rock, shale, hardpan, loose rock, boulders, ' or other material unsatisfactory for runway safety areas, subgrades, or any areas intended for turfing shall be excavated to a minimum depth of 12 inches, or to the depth specified by the Engineer, below the subgrade. Muck, peak, matted roots, or other ' yielding material, unsatisfactory for subgrade foundation, shall be removed to the depth specified. Unsuitable materials shall be disposed of at off -site locations. This excavated material shall be paid for at the contract unit price per cubic yard for ' Unclassified Excavation upon written authorization by the Engineer and Owner. The excavated area shall be refilled with suitable material, obtained from the grading operations or borrow areas and thoroughly compacted by rolling. The necessary refilling will constitute a part of the embankment. c. Overbreak Overbreak, including slides, is that portion of any material displaced or loosened beyond the finished work as planned or authorized by the Engineer. The Engineer shall determine if the displacement of such material was unavoidable and his/her decision shall be final. All overbreak shall be graded or ' removed by the Contractor and disposed of as directed; however, payment will not be made for the removal and disposal of overbreak which the Engineer determines as avoidable. Unavoidable overbreak will be classified as "Unclassified Excavation". ' d. Compaction Requirements. The subgrade under areas to be paved shall be compacted to a depth of 6 -inch or 8 -inch lifts to a density of not less than 95 percent of the maximum density as determined by ASTM D 698. The in -place field density shall be determined in accordance with ASTM D 2922. Stones or rock fragments larger than 4 inches in their greatest dimension will not be permitted in top 6 inches of the subgrade. All cut -and -fill slopes shall be uniformly dressed to the slope, ' cross section, and alignment shown on the plans or as directed by the Engineer. No payment or measurement of payment will be made for suitable ' materials removed, manipulated, and replaced in order to obtain density. Any removal, manipulation, aeration, replacement, and recompaction of suitable materials necessary to obtain the required density shall be considered as incidental to the excavation and ' embankment operations and shall be performed by the Contractor at no additional cost to the Project. Blasting should not be required for this project. FY992164 Drake Field Lancaster Drive Extension 3 L 152-2.3 IMPORTED SELECT FILL MATERIAL. Compacted select fill material shall consist of excavation made from borrow areas outside the airport-to.form the compacted select embankment. Borrow sources are outside the boundaries of the airport property, it shall be the Contractor's responsibility to locate and obtain the supply, subject to the approval of the Engineer. The Contractor shall notify the Engineer, at least.15 days prior to beginning the excavation, so necessary measurements and tests can be made. All unsuitable material shall be disposed of by the Contractor. All borrow pits shall be opened up to expose the vertical face of various strata of acceptable material. to enable obtaining a uniform product. Borrow pits shall be excavated to regular lines to permit accurate measurements, and they shall be drained and left in a neat, presentable condition with all slopes dressed uniformly., The select fill material may be a locally available sandy clay gravel material having a Unified Soil Classification of GC, GM, SM, or SC. 152-2.4 DRAINAGE EXCAVATION. Not used. 152-2.5 PREPARATION OF EMBANKMENT AREA. Where an embankment is to Il be -constructed, all sod and vegetable matter shall be removed'from �I the surface upon which the embankment is to be placed,. and the cleared surface shall be completely broken up by plowing, or i. scarifying to a minimum depth of 6 inches. This area shall then be compacted as indicated in paragraph 2.6. , No direct payment shall be made for the work performed under this section. The necessary clearing and grubbing and the quantity of excavation removed will be paid for under the respective items of work. I 152-2.6 FORMATION OF EMBANKMENTS. Embankments shall be formed in successive horizontal layers of not more than -8 inches in loose 1' depth for the full width of the cross section, unless otherwise approved to the Engineer.. The grading operations shall be conducted, and the various soil strata shall be placed, to produce a soil structure as shown on the typical cross section or as directed. Materials such as brush, V hedge, roots, stumps, grass and other organic matter, shall not be incorporated or buried in the embankment. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing, or other unsatisfactory conditions of the field.: The Contractor shall drag, blade, or slope the embankment to provide proper surface drainage. The material in the layer shall be within -2 to +2 percent of optimum moisture content before rolling to obtain the prescribed compaction. In order to achieve a uniform moisture content throughout the layer, wetting or drying of the material and FY992164 Drake Field Lancaster Drive Extension C! I El I I I manipulation shall be required when necessary. Should the material be too wet to permit proper compaction or rolling, all work on all of the affected portions of the embankment shall be delayed until the material has dried to the required moisture content. Sprinkling of dry material to obtain the proper moisture content shall be done with approved equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water shall be available at all times. Compaction tests shall be performed on each 5000 square feet of each embankment lift. The Contractor shall make the necessary corrections and adjustments in methods, materials or moisture content in order to achieve the correct embankment density. Rolling operations shall be continued until the subgrade embankment is compacted to not less than 95 percent of maximum density as determined by ASTM D 698. Compaction for sideslope embankment is to be compacted not less than 90 percent as defined above. ' The in -place field density shall be determined in accordance with ASTM D 2922. ' Compaction areas shall be kept separate, and no layer shall be covered by another until the proper density is obtained. During construction of the embankment, the Contractor shall route his/her equipment at all times, both when loaded and when empty, over the layers as they are placed and shall distribute the travel evenly over the entire width of the embankment. The equipment ' shall be operated in such a manner that hardpan, cemented gravel, clay, or other chunky soil material will be broken up into small particles and become incorporated with the other material in the layer. ' In the construction of embankments, layer placement shall begin in the deepest portion of the fill; as placement progresses, layers shall be constructed approximately parallel to the finished pavement grade line. When rock and other embankment material are excavated at ' approximately the same, time, the rock shall be incorporated into the outer portion of the embankment and the other material shall be incorporated under the future paved areas. Stones or fragmentary rock larger than 4 inches in their greatest dimensions will not be ' allowed in the top 6 inches of the subgrade. Rockfill shall be brought up in layers as specified or as directed and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass. Rock or boulders shall not be disposed of ' outside the excavation or embankment areas, except at places and in the manner designated by the Engineer. Frozen material shall not be placed in the embankment nor shall embankment be placed upon frozen material. 152-2.7 FINISHING AND PROTECTION OF SUBGRADE. After the subgrade ' has been substantially completed the full width shall be conditioned by removing any soft or other unstable material which FY992164 Drake Field Lancaster Drive Extension 5 will not compact properly.- The resulting areas and all other low areas, holes or depressions shall be brought to grade with suitable select material. Scarifying, blading, rolling and other methods shall be performed to provide a thoroughly compacted subgrade shaped to the lines and grades shown on the plans. Grading of the subgrade shall be performed so that it will drain readily. The Contractor shall take all precautions necessary to protect the subgrade from damage. He/she shall limit hauling.over the finished subgrade to that which is essential for construction purposes. All ruts or rough places that develop, in a completed subgrade shall be smoothed and recompacted. ., No base, or -surface course shall be placed on the subgrade until the subgrade has been approved by the Engineer. 152-2.8 HAUL. All hauling will be considered •a necessary and incidental part of the work. Its cost shall be considered by the Contractor and included in the contract unit price for the pay of items of work involved. No payment will be made. separately or directly for hauling on any part of the work. 152-2.9 TOLERANCES. In those areas upon which a select borrow course is to be placed, the top of the subgrade shall be of such .I smoothness that, when tested with a 16 -foot straightedge applied II parallel and at right angles to the centerline, it shall not show, any deviation in excess of 1/2 -inch, or shall not. be more than any I deviation in excess of 1/2 -inch, or shall not be more than 0.05 -foot 1 from true grade as established by grade hubs or pins. Any II deviation in excess of these amounts shall be corrected by loosening, adding, or removing materials; reshaping; and 'I recompacting by sprinkling and rolling. On runway safety areas, intermediate and other designated areas, the surface shall be of such smoothness that it will not vary more than 0.10 foot from true grade as established by grade hubs. Any deviation in excess of this amount shall be corrected by loosening, I' adding or removing materials, and reshaping. 152-2.10 TOPSOIL. When topsoil is specified or required as shown 1 on the plans or under Item T-905, it shall be salvaged fromh stripping or other grading operations. The topsoil shall meet the requirements of Item T-905. If, at the time of excavation or stripping, the topsoil cannot be placed in its properand final section of finished construction, the material shall be stockpiled at approved locations. Stockpiles shall not be placed within 300 feet of runway pavement and shall not be placed on areas which j subsequently will require any excavation or embankment. If, in the I judgment of the Engineer, it is practical to place the salvaged topsoil at the time of excavation or stripping, the material shall be placed in its final position without stockpiling or further 11 rehandling. FY992164 Drake Field Lancaster Drive Extension 6 ii I Upon completion of grading operations, stockpiled topsoil shall be handled and placed as directed, or as required in Item T-905. 152-2.11 PLACING RIPRAP. Place riprap careful to avoid disturbing ' the prepared grade and damaging. Depth of riprap shall be as shown. Intermix the sizes of riprap material to provide uniform gradation between small and large material. The surface of the riprap shall be according to the finished grade shown on the Plans. METHOD OF MEASUREMENT ' 152-3.1 Demolition by removing and disposing of culvert pipe, and gravel road shall be paid as a complete item performed in accordance with the Specifications and accepted by the Owner and Engineer. 152-3.2 The quantity of excavation to be paid for shall be the number of cubic yards excavated. Pay quantities shall be accepted as the plan quantity presented in the proposal. 152-3.3 Topsoil Excavation and Replacement shall be paid for on ' the basis of the number of cubic yards excavated and stockpiled. Pay quantities shall be accepted as the plan quantity presented in the proposal. ' 152-3.4 Compacted Embankment shall be paid for on the basis of the number of cubic yards placed. Pay quantities shall be accepted as the plan quantity presented in the proposal. ' 152-3.5 The quantity of undercut and embankment backfill removed and placed shall be paid for by the number of cubic yards of material excavated and replaced, as calculated in its original ' position. Pay quantities shall be accepted as the measured quantity prior to removal. 152-3.6 The quantity of riprap to be paid for shall be the number ' of square yards of 18 -inch thick riprap completed in place. BASIS OF PAYMENT ' 152-4.1 Payment shall be made at the contract lump sum for miscellaneous demolition. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. 152-4.2 Payment shall be made at the contract unit price per ' cubic yard for "Unclassified Excavation". This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. FY992164 Drake Field Lancaster Drive Extension 7 152-4.3 Payment shall be made at the contract unit price per cubic yard Topsoil Excavation and Replacement. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. 152-4.4 Payment shall be made at the contract unit price per cubic yard for Imported Select Fill Material. This price shall be full compensation for furnishing all materials, labor, equipment, tools, II and incidentals necessary to complete the item. 152-4.5 Payment shall be made at the Contract unit price for m undercut and embankment backfill. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. II 152-4.6 Payment shall be made at the contract unit price per square yard of 18 -inch thick riprap. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. END OF ITEM P-152 8 FY992164 Drake Field Lancaster Drive Extension 8 I -. 1 ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL DESCRIPTION ' 156-1.1 This item shall consist of temporary control measures as required during the life of a contract to control water pollution, ' soil erosion, and siltation through the use of mulches, grasses, and other erosion control devices or methods. The temporary erosion control measures contained herein shall be ' coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period. Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites. ' 156-1.2 Baled Straw Filter Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of Baled Straw ' placed in ditches around inlets and in swales and draws to impede fun -off velocity of water, and to prevent scouring and eroding of soil until permanent erosion control item can be placed. ' 156-1.3 Filter Fabric Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of placing and securing filter fabric to the construction of a temporary wire fence and the attachment of filter fabric to impede the flow of 'water carrying silt to existing streams. MATERIALS 156-2.1 GRASS. Grass which will not compete with the grasses sown ' later for permanent cover shall be a quick -growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. ' 156-2.2 MULCHES. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials. ' 156-2.3 FERTILIZER. Fertilizer shall be a standard commercial grade and shall conform to all Federal and state regulations and to the standards of the Association of Official Agricultural Chemists. ' 156-2.4 BALED STRAW FILTER BARRIER. Straw for filter barrier shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall each weight approximately 35 pounds. Straw in an advanced state of decomposition will not be acceptable. 1 FY992164 Drake Field Lancaster Drive Extension 156-2.5 FILTER FABRIC BARRIER. Filter fabric shall be a permeable woven or nonwoven fabric that has high strength, high dimensional high resistance to tear propagation in all directions, and shall be woven wire with sufficient strength to provide the service intended. Posts for the temporary wire fence shall be of any acceptable durable material of sufficient strength to support the wire fence and fabric when loaded with. silt for the time the barrier is needed for service. The"type. of fastener and manner,of attaching the wire fencing to posts and the fabric to the fence shall be, approved by the Engineer. 156-2.5 OTHER. All other materials shall meet commercial grade standards and shall be approved by the Engineer before being incorporated into the project. CONSTRUCTION REQUIREMENTS.. 156-3.1 GENERAL. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, State, or local agencies, the more restrictive laws, rules, or regulations shall apply. The Contractor shall be. responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved. 156-3.2 SCHEDULE. Prior to the start of construction, the Contractor shall submit schedules for accomplishment of temporary and permanent erosion control work, as are applicable for. grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the Engineer. 156-3.3 AUTHORITY OF ENGINEER. The Engineer has the. authority toil limit the surface area of erodible earth material exposed byi clearing and grubbing, to limit the surface area of erodible earth' material exposed by excavation, borrow and fill operations, and toli direct the Contractor to provide immediate permanent or temporary! pollution control measures to minimize contamination of adjacent - streams•or other watercourses, lakes, ponds, or other areas of water impoundment. 156-3.4 PERMITTING. The Contractor shall, at least 48 hoursll before the start of construction, file its Notice of Intent to? discharge storm water associated with the planned construction;) activity in accordance. with the State of Arkansas NPDES General) Permit ARR10A000. The Contractor, shall developed a Storm Water' Pollution Prevention Plan (SWPPP) to comply with this permit. S FY992164 Drake Field Lancaster Drive Extension 2 I I I 156-3.5 CONSTRUCTION DETAILS. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the accepted schedule. Except where future construction operations will damage ' slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope.protection work in stages, as soon as substantial areas of exposed slopes can be made available. ' Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed ' temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project. The Engineer will limit the area of excavation, borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures ' current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. ' In the event that temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the Engineer, such work shall be performed by the Contractor at his/her own expense. The Engineer may increase or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. ' The erosion control features installed by the Contractor shall be acceptably maintained by the Contractor during the construction period. Pollutants such as fuels, lubricants, bitumen, raw sewage, wash t water from concrete mixing operations, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. ' 156-3.6 STRAW BALE BARRIER. Bales of straw shall be keyed into the ground and securely held in place by means of staking and/or wiring or other acceptable methods that will prevent floating and /or displacement. The number of bales required and their arrangement at each installation will vary with on -site conditions. 156-3.7 FILTER FABRIC BARRIER. Filter Fabric Barrier shall be ' attached to the fence, temporary fence with staples or suitable wire or rope ties. The fabric toe shall be buried to secure the base. FY992164 Drake Field Lancaster Drive Extension 3 I 156-3.8 MAINTENANCE OF ROADWAYS. The existing paved roadways at and adjacent to the permitted intersection locations shall be maintained in a clean and passable condition by the Contractor. When required or as requested by the Owner or the Engineer, the Contractor shall broom or wash the existing paved roadways to remove excess mud or dirt at the intersection and for a reasonable length of the existing roadway beyond the intersection. The work shall not be paid for directly, but shall be considered incidental to the other items of work and the cost included as part of the work. METHOD OF MEASUREMENT 156-4.1 Temporary erosion and pollution control work required which is not attributed to the Contractor's negligence, carelessness, or failure to install permanent controls will be performed as scheduled or ordered by the Engineer. The straw bale barriers and Filter Barriers shall be measured as the number of linear feet installed. 156-4.2 Control • work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor with costs included in the contract prices bid for the items to which they apply. BASIC OF PAYMENT 156-5.1 Payment for temporary erosion and pollution control work will be made at the contract unit price per linear foot for the straw bales. These prices shall be full compensation for furnishing all material, for all preparation, excavation, installation, and all labor, equipment, tools and incidentals necessary to complete this item. END OF ITEM P-156 FY992164 Drake Field Lancaster Drive Extension 4 :1 I IITEM F-162 CHAIN -LINK FENCES IDESCRIPTION 162-1.1 This item shall consist of furnishing and erecting a ' chain -link fence in details shown on the F shown on the plans or 1 t 162-2.1 FABRIC. The 2 -inch mesh and shall accordance with these specifications and the >lans and in conformity with the lines and grades established by the Engineer. MATERIALS fabric shall be woven with a 9 -gauge wire in a meet the requirements of ASTM A 392, Class 1. ' 162-2.2 BARBED WIRE. Barbed wire shall be 2 -strand 12-1/2 gauge (zinc -coated) wire with 4 -point barbs and shall conform to the requirements of ASTM A 121, Class 3. 162-2.3 POSTS, RAILS AND BRACES. Posts, rails, and braces furnished for use in conjunction with zinc -coated steel fabric shall be of zinc -coated steel. ' Line posts, rails, and braces shall be galvanized steel post. When Fence is relocate new line and corner posts shall be used. ' The dimensions of the posts, rails, and braces shall be in accordance with Tables I through VI of Fed. Spec. RR -F-191/3. ' 162-2.4 GATES. Gate frames shall consist of galvanized steel pipe and conform to the specifications for the same material under paragraph 162-2.3. The fabric shall be of the same type material as used in the fence. 162-2.5 WIRE TIES AND TENSION WIRES. Wire fabric ties, wire ties, and ' tension wire for use in conjunction with a given type of fabric shall be of the same material identified with the fabric type. The tension wire shall be 7 -gauge coiled spring wire coated similarly to the ' respective wire fabric being used. Wire fabric ties shall be galvanized steel wire not less than 9 gauge. All material shall conform to Fed. Spec. RR -F-191/4. I FY992164 Drake Field Lancaster Drive Extension 162-2.6 MISCELLANEOUS FITTINGS AND HARDWARE. Miscellaneous steel. fittings and hardware for use with zinc -coated steel fabric shall be of,ll commercial grade steel or better quality, wrought or cast as II appropriate to the article, and sufficient in strength to provide a'I' balanced design when used in conjunction with fabric posts, and wires of the quality specified herein. All steel fittings and hardware shall be protected with a zinc coating applied in conformance with ASTM A 153. Barbed wire support arms' shall withstand a'load of 25 pounds applied vertically to the outermost end of the arm. Fence modifications shall consist of removing the existing top rail and replacing the loop cap with a barbed vertical wire to accommodate 3 strands of barbed wired and extend each existing terminal gate and pull post by welding a one foot post stub to these post. 162-2.7. CONCRETE. Concrete shall be of a commercial grade with a minimum 28 -day compressive strength of 2500 psi. 162-2.8 MARKING. Each roll of fabric shall carry a tag showing the kind of base metal (steel), kind of coating, the gage of the wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire, and other fittings shall be identified as to manufacturer, kind of base metal (steel), and kind of coating. {� CONSTRUCTION METHODS. 162-3.1 INSTALLING POSTS.. All posts shall be set in concrete at the required dimension and depth and at the spacing shown on the plans. The concrete shall be thoroughly compacted around the posts by tamping;, or vibrating and shall have a smooth finish slightly higher than the ground and sloped to drain away from the posts. All posts shall be set' plumb and to the required grade and alignment. No materials shall beI installed on the posts, nor shall the posts be disturbed in any manner' within 7 days after the individual post footing is completed. ll ii Should rock be encountered at a depth less than the planned footing i depth, a hole 2 inches larger than the greatest dimension of the posts., shall be drilled to a depth of 12 inches. After the posts are set, they' remainder of the drilled hole shall be filled with grout, composed of one part Portland cement and two parts mortar sand. Any remaining !I space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be made for rock excavation. FY992164 Drake Field Lancaster Drive Extension 2 L I I I I I L 162-3.2 INSTALLING TOP RAILS. The top rail shall be continuous and shall pass through the post tops. The coupling used to join the top rail lengths shall allow for expansion. 162-3.3 INSTALLING BRACES. Horizontal brace rails, with diagonal truss rods and turnbuckles, shall be installed at all terminal posts. 162-3.4 INSTALLING FABRIC. The wire fabric shall be firmly attached to the posts and braced in the manner shown on the plans. All wire shall be stretched taut and shall be installed to the required elevations. The fence shall generally follow the contour of the ground, with the bottom of the fence fabric no less than 1 inch or more than 4 inches from the ground surface. Grading shall be performed where necessary to provide a neat appearance. At locations of small natural swales is not practical to have the fence c the ground surface, longer posts may barbed wire stretched thereon to span vertical clearance between strands of less. or drainage ditches and where it Dnform to the general contour of be used and multiple strands of the opening below the fence. The barbed wire shall be 6 inches or 162-3.5 ELECTRICAL GROUNDS. Electrical grounds shall be constructed ' where a power line passes over the fence at 500 -foot intervals. The ground shall be installed directly below the point of crossing. The ground shall be accomplished with a copperclad rod 8 feet long and a ' minimum of 5/8 inch in diameter driven vertically until the top is 6 inches below the ground surface. A No. 6 solid copper conductor shall be clamped to the rod and to the fence in such a manner that each ' element of the fence is grounded. Installation of ground rods shall not constitute a pay item and shall be considered incidental to fence construction. METHOD OF MEASUREMENT ' 162-4.1 Chain -link fence will be measured for payment by the linear foot. Measurement will be along the top of the fence from center to center of end posts, excluding the length occupied by gate openings. 162-4.2 Chain -link gates shall be measured in units for each double gate installed and accepted. ' BASIS OF PAYMENT FY992164 Drake Field Lancaster Drive Extension 3 1 ''I 162-5.1 Payment for New 6' chain -link fence. will be made at the contract unit price per linear foot. The price shall be full compensation for furnishing all materials, and for all preparation, erection, •and installation of these materials, and for all labor'' equipment, tools, and incidentals necessary to complete the item. _162-5.2 Payment for Relocated 6' chain -link fence will be made at the contract unit price per linear foot. The price shall be full compensation for furnishing all materials, included New Line Post, New Corner Post and for all removal, preparation, erection, and;, installation of these materials, and for all labor equipment, tools, and incidentals necessary to complete the item. 162-5.3 Payment for doube chain -link gates will be made at the li contract unit price per unit price per each chain -link gate. The price I shall be full compensation for furnishing all materials, and for all preparation,. erection, and installation of these materials, and for all II labor equipment, tools, and incidentals necessary to complete the item. II II END OF ITEM F-162 I. II I !I • II - Ih II Ii II rl II II II FY992164 Drake Field Lancaster Drive Extension 4 • I Ali III II I n IITEM P-209 CRUSHED AGGREGATE BASE COURSE ' DESCRIPTION 209-1.1 This item consists of a base course for the box culvert ' and base and surface courses for the gravel road composed of crushed aggregates constructed on a prepared course in accordance with these specifications and in conformity to the dimensions and typical cross sections shown on the plans. ' MATERIALS ' 209-2.1 AGGREGATE. Aggregates shall consist of clean, sound, durable particles of crushed stone, crushed gravel, or crushed slag and shall be free from coatings of clay, silt, vegetable matter, and other objectionable materials and shall contain no clay balls. Fineecrushssing the No. 4 sieve shall ing consist ing the c arse aggreg to If necessary, theoperation of fine aggregate may be added to produce the correct gradation. The fine aggregate shall be produced by crushing stone, gravel, or slag that meet the requirements for wear and soundness specified for coarse aggregate. ' The crushed slag shall be an air-cooled, blast furnace slag and shall have a unit weight of not less than 70 pounds per cubic foot when tested in accordance with ASTM C 29. ' The crushed aggregate portion which is retained n th No. 4 of flat eve ve shall contain not more than 15 percent, by weight, elongated pieces as defined in ASTM D 693 and shall have at least 90 percent by weight of particles with at least two fractured faces ' and 100 percent with at least one fractured face. The area of each face shall be equal to at least 75 percent of the smallest midsectional area of the piece. When two fractured faces are ' contiguous, the angle between the planes of fractures shall be at least 30 to count as two fractured faces. The percentage of wear shall not be greater than 45 percent when ' tested in accordance with ASTM C 131. The sodium sulfate soundness loss shall not exceed 12 percent, after 5 cycles, when tested in accordance with ASTM C 88. • ' The fraction passing the No. 40 sieve shall have a liquid limit no greater than 25 and a plasticity index of not more than 4 when tested in accordance with in4318. The fine 35when egate t ested shain have a minimum sand equivalent value of accordance with ASTM D 2419. a. sampling and Testing. Aggregates for preliminary testing ' shall be furnished by the Contractor or tthe start of submittals necessary production. All tests for initial aggregate to madeebyrthee compliance Engineer at with expensetothe ion Contractor. requirements will be Contrafor ' FY992164 Drake Field Lancaster Drive Extension 1 Samples of aggregates shall be furnished by the Contractor at the start of production and at intervals during production. The sampling points and intervals will be designated by the Engineer. The samples will be the basis of approval of specific lots of aggregates from the standpoint of the quality requirementsof this section. . • In lieu of testing,, the Engineer may accept certified state test results .indicating that the aggregate meets specification requirements. Samples of aggregates to check gradation shall be taken by, the Engineer at such times throughout the project as• to ensure proper,] gradation.' Sampling shall be in accordance with ASTM •D 75, and 1 testing shall be in accordance with ASTM C 136 and C 117. b. Gradation Requirements. The gradation of the final mixture shall fall within the design range indicated in Table 1, when ;I tested in accordance with ASTM C 117 and C 136. The final�� gradation shall be continuously well graded from coarse to fine and El shall not vary from the low limit on one sieve to the high limit'on an adjacent sieve or vice versa. II TABLE 1. REQUIREMENTS FOR GRADATION OF AGGREGATE Sieve Size Design Range Job Mix Percentage by Weight Tolerances Passing Sieves Percent II 1-1/2 95-100' - ±5 1 70-95 ±8 3/4 55-85 H ±8 No. 4 30-60 ±8 No. 30 12-30 ±5 ... No. 200 0-8 ±3 The fraction of the final mixture that passes the No. 200 sieve shall not exceed 60 percent of the fraction passing the No. 30 sieve. CONSTRUCTION METHODS 209-3.1 .PREPARING UNDERLYING COURSE. The underlying course shall be checked• and accepted by the Engineer before placing and spreading operations are started. Any ruts -or soft yielding places caused by improper drainage conditions, hauling, or any •other cause shall be corrected at the Contractor's expense before the base course is placed thereon. Material shall not be placed on frozen subgrade. FY992164 Drake Field Lancaster Drive Extension I Li n I I r I H I I I I I I I I 209-3.2 MIXING AND PLACING. The base materials are to be mixed in -place, and the base aggregate shall be deposited and spread evenly to a uniform thickness and width. There shall be as many layers of materials added as the Engineer may direct to obtain the required gradation and layer thickness. When the required amount of materials have been placed, they shall be thoroughly mixed and blended by means of approved graders, discs, harrows, rotary tillers, or a machine capable of combining these operating, supplemented by other suitable equipment if necessary. The mixing shall continue until the mixture is uniform throughout and accepted by the Engineer. Areas of segregated material shall be corrected by the addition of needed material and by remixing. Water shall be uniformly applied, prior and during the mixing operation if necessary to maintain the material at the proper moisture content. When the mixing and blending have been completed, the materials shall be bladed and dragged, if necessary, until a smooth uniform surface is obtained, true to line and grade. The base course shall be constructed in a layer not less than 3 inches nor more than 6 inches of compacted thickness. The aggregate as spread shall be of uniform grading with no pockets of fine or coarse materials. The aggregate, unless otherwise permitted by the Engineer, shall not be spread more then 2,000 square yards in advance of the rolling. Any necessary sprinkling shall be kept within these limits. No materials shall be placed in snow or on a soft, muddy, or frozen course. During the mixing and spreading process, sufficient caution shall be exercised to prevent the incorporation of subgrade, subbase, or should materials in the base course mixture. 209-3.3 Not used. 209-3.4 COMPACTION. Immediately upon completion of the spreading operations, the crushed aggregate shall be thoroughly compacted. The number, type, and weight of rollers shall be sufficient to compact the material to the required density. The moisture content of the material during placing operations shall not be below, nor more than 1-1/2 percentage points above, the optimum moisture content as determined by ASTM D 1557. 209-3.5 ACCEPTANCE base course shall be will consist of one exceed 2,400 square production where a between 1,200 and 2, SAMPLING AND TESTING FOR DENSITY. Aggregate accepted for density on a lot basis. A lot day's production where it is not expected to yards. A lot will consist of one-half day's day's production is expected to consist of 400 square yards. Each lot shall be divided into two equal sublots. One test shall be made for each sublot. Sampling locations will be determined by the Engineer on a random basis in accordance with statistical procedures contained in ASTM D 3665. FY992164 Drake Field Lancaster Drive Extension 3 Li Each lot will be accepted for, density when the field density is at least 95 percent of the maximum density of laboratory specimens prepared from samples of the base course material delivered to the job site. The specimens shall be compacted and tested in accordance with ASTM D 1557. The in -place field density shall be determined in accordance with ASTM D 2922. If the specified density is not attained, the entire lot shall be reworked:and/or recompacted and two additional random tests made. This procedure shall be followed until the specified density is reached. 209-3.6 FINISHING.. The surface of the aggregate base course shall be finished by blading or with. automated equipment especially designed for this purpose. In no case will the addition of thin layers of material be added to the top layer of base course to meet grade. If the elevation of the top layer is 1/2 inch or more$below grade, the' top layer of base shall be scarified to a depth of at least 3 inches, new material added, and the layer shall be blended and recompacted to bring it to grade. If the finished surface is above plan grade, it shall be cut back to grade and rerolled. 209-3.7 SURFACE TOLERANCES. The finished surface shall not vary p more than 3/8 inch when tested with a 16 -foot straightedge applied parallel with or at right angles to the centerline. Any deviation in excess of this amount shall be corrected by the Contractor at the Contractor's expense. 209-3.8 THICKNESS CONTROL. The completed thickness'of the base 1 course shall be within 1/2 inch of the design thickness. Four determinations of thickness shall be made for each jot of material placed. The lot size shall be consistent with that specified in !. paragraph 3.5. .Each lot shall be divided into four equal sublots. One test shall be made for each sublot. Sampling locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D 3665. Where the thickness is deficient by more than /2 inch, the Contractor shall correct such li areas at no additional cost by excavating to the required depth and 11 replacing with new material. Additional test holes may be required to identify the limits of deficient areas. 209-3.9 MAINTENANCE. The base course shall be maintained in a condition that will meet all specification requirements until the work is accepted. Equipment used in the construction of an adjoining section may be routed over completed portions of the base course, provided no damage results and provided that the equipment is routed over the full width of the base course to avoid rutting or uneven compaction. FY992164 Drake Field Lancaster Drive Extension • I I I METHOD OF MEASUREMENT ' 209-4.1 The quantity of crushed aggregate base course to be paid for shall be the number of tons (2,000 lbs.) of material placed, compacted, and accepted in the completed base course. The quantity of base course material shall be determined by weight tickets ' accompanying each truck of base material, said tickets being surrendered to the Engineer not less frequently than once per day. Thickness measurements indicating a base course thickness up to ½- I inch above the plan depth shall result in adjusting the pay quantity by assuming a compacted weight of base material of 150 pounds per cubic foot moist weight (the intent is to preclude payment to the Contractor for crushed stone base material placed in excess of /2 inch greater than the required course thickness). BASIS OF PAYMENT ' 209-5.1 Payment shall be made at the contract unit price per ton for crushed aggregate base course. This price shall be full ' compensation for furnishing all materials, for preparing and placing these materials, and for all preparation, hauling, equipment tools, and incidentals necessary to complete the item. ' END OF P-209 1 I I I I I I I FY992164 Drake Field Lancaster Drive Extension I I I I [1 I C C I I I H PART V - FLEXIBLE SURFACE COURSES ITEM P-401 PLANT MIX BITUMINOUS PAVEMENTS DESCRIPTION 401-1.1 This item shall consist of a 2 -inch class II surface course and 3 -inch class II binder course composed of mineral aggregate and bituminous material mixed in a central mixing plant and placed on a prepared course in accordance with these specifications and shall conform to the lines, grades, thickness, and typical cross sections shown on the plans. Each course shall be constructed to the depth, typical section, or elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course. MATERIALS 401-2.1 AGGREGATE. Aggregates shall consist of crushed stone, crushed gravel, or crushed slag or without sand or other inert finely divided mineral aggregate. The portion of materials retained on the No. 8 sieve shall be known coarse aggregate. The portion passing the No. 8 (2.36 mm) sieve and retained the No. 200 (0.075 mm) sieve as mineral filler. a. Coarse Aggregate. Coarse aggregate shall consist of sound, tough, durable particles, free from adherent films of matter that would prevent thorough coating with the bituminous material. The percentage of wear shall not be greater than 35 percent when tested in accordance with ASTM C 131. The sodium sulfate soundness loss shall not exceed 12 percent, after five cycles, when tested in accordance with ASTM C 88. Aggregate shall contain at least 50 percent by weight of crushed pieces having two or more fractured faces and 65 percent having at least one fractured face. The area of each face shall be equal to at least 75 percent of the smallest midsectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 degrees to count as two fractured faces. Fractured faces shall be obtained by artificial crushing. ' FY992164 Drake Field Lancaster Drive Extension The aggregate shall. not contain more than 8 percent, by weight, of flat or elongated pieces, ,a: flat particle is one having a. ratio of width, to. thickness greater than five; an elongated particle is one having a ratio of length to width greater than five. . Slag shall be air cooled, blast furnace slag, and shall have a compacted weight of not less than 70 pounds per cubic foot (1.12 mg/cubic meter) when tested in accordance with ASTM C 29. b. Fine Aggregate. Fine aggregate shall consist of clean, sound, durable, angular particles produced by crushing stone, slag, or gravel that meets the requirements for wear and soundness specified for coarse aggregate. The aggregate particles shall be free from coatings of clay,. silt, or other objectionable matter and shall contain no clay balls. The fine aggregate,. including any blended filler, shall have a plasticity index of not more than six and a liquid limit of not more than 25 when tested in accordance with ASTM D 4318. Natural sand may be used to obtain the gradation of the aggregate blend or to improve the workability of the mix. The amount of sand to be added will be adjusted to produce mixtures conforming to., requirements of this, specification. c. Sampling and Testing. ASTM D 75 shall be used in sampling coarse and fine aggregate, and ASTM C 183 shall be used in sampling mineral filler. The Contractor shall furnish documentation to the Engineer confirming that the aggregates meet specification requirements. d. Sources. of -Aggregates. Sources of aggregates shall be selected well in advance of the time the materials are required inthe work. When the aggregates are obtained from a previously approved source or an existing source producing aggregates that has a satisfactory service record in airport bituminous pavement construction for at least 5 years, samples shall be submitted 14 days prior to start of production. An inspection of the producer's operation will be made by the Engineer. When new.sources are to be developed, the Contractor shall indicate the sources and shall submit a plan for operation 30 days in advance of starting production. Samples from test pits, borings and other excavations shall be submitted at the FY992164 Drake Field Lancaster Drive Extension 1 . ' 2 I [I same time. Approval of the source of aggregate does not relieve the Contractor in any way of the responsibility for delivery at ' the job site of aggregates that meet the requirements specified herein. e. Samples of Aggregates. Samples of aggregates shall be furnished by the Contractor at the start of production and at ' intervals during production of bituminous mixtures. The sampling points and intervals will be designated by the Engineer. The samples will be the basis of approval of specified lots of aggregates from the standpoint of the quality requirements of this section. 401-2.2 FILLER. If filler, in addition to that naturally present in the aggregate, is necessary, it shall meet the requirements of ASTM D 242. ' 401-2.3 BITUMINOUS MATERIAL Bituminous material shall conform to the following requirements: •' 1. Standard specification for highway construction Edition of 1996 by Arkansas State Highway and Transportation Department. 2. Section 403 -Materials and Equipment for Prime, Tack, and Asphalt surface treatments. ' 3. Section 406 -Asphalt Concrete Hotmix Binder Course. 4. Section 407 -Asphalt Concrete Hotmix Surface Course. The contractor shall furnish vendor's certified test reports for ' each tankload of bitumen shipped to the project. The report shall be delivered to the Engineer before permission is granted for use of the material. The furnishing of the vendor's certified test report for the bituminous material shall be the basis for final acceptance. COMPOSITION ' 401-3.1 COMPOSITION OF MIXTURE. The bituminous plant mix shall be composed of a mixture of aggregate, filler if required, and ' bituminous material. The several aggregate fractions shall be sized, uniformly graded, and combined in such proportions that the resulting mixture meets the grading requirements of the job ' mix formula. FY992164 Drake Field Lancaster Drive Extension 3 1 I 401-3.2 JOB MIX FORMULA. No bituminous mixture for a p yment shall be produced until a job mix formula has been approved by r the Engineer. The formula shall be submitted in writing by the �I Contractor to the Engineer at least ten [10] days prior to the start of paving operations and shall indicate the definite percentage of each sieve fraction of aggregate, the percentage of ,I bitumen, and the temperature of the completed mixture when discharged from the mixer.. All test data used to develop the job mix formula shall also be submitted. The job mix formula for each mixture shall be in effect until modified in writing by the Engineer. Should a change in sources of materials be made, a new job mix formula must be established before the new material is used. The bituminous mixture shall be designed using procedures I� contained in Chapter III, MARSHALL METHOD OF MIX DESIGN, of the.l Asphalt Institute's Manual Series No. 2 (MS -2), current edition, and shall meet the requirements as specified by AHTD for Class II Surface Course and Class II Binder Course. 401-3.4 TESTING LABORATORY. The testing laboratory• used to develop the job mix formula and to perform -the tests required by �I this specification shall meet the requirements. of ASTM D 3666. A certification that the laboratory. meets these requirements shall be submitted to the Engineer. An approved -testing laboratory will not be required for quality control tests made by the Contractor. CONSTRUCTION METHODS 401-4.1 WEATHER LIMITATIONS. The bituminous mixture shall not be. placed upon a wet surface or.when the temperature of the underlying course is less than specified in Table 5. The surface temperature requirements may be waived, but only at the discretion of the Engineer. FY992164 Drake Field Lancaster Drive Extension 4 . I I n L_J I I I I TABLE 5 Mat Thickness BASE TEMPERATURE LIMITATIONS 3 in. (7.5 cm) or greater Greater than 1 in. (2.5 cm) but less than 3 in. (7.5 cm) 1 in. (2.5 cm) or less Base Temperature (Minimum) Deg. F. Deg. C. 40 4 45 7 50 10 401-4.2 BITUMINOUS MIXING PLANT. Plants used for the preparation of bituminous mixtures shall conform to the requirements of ASTM D 995 with the following changes: a. Requirements for All Plants. (1) Truck Scales. The bituminous mixture shall weighed on approved scales furnished by the Contractor, or on public scales at the Contractor's expense. Such scales shall be inspected and sealed as often as the Engineer deems necessary to assure their accuracy. Scales shall conform to the requirements of Section 90. 1 (2) Testing Laboratory. The Contractor or producer ' shall provide laboratory facilities for control and acceptance testing functions during periods of mix production, sampling, and testing and whenever materials subject to the provisions of these ' specifications are being supplied or tested. The laboratory shall provide adequate equipment, space, and utilities as required for the performance of the specified tests. FY992164 DrakeField LancasterDrive Extension 5 I (3) Inspection of Plant. The Engineer, authorized representative, shall have access, all parts of the plant for checking adequacy inspecting operation of the plant: verifying proportions; and character of materials; and temperatures maintained in the preparation of or his/her at all times, to of equipment; weights, checking the the mixtures. (4) Storage Bins and Surge Bins. Paragraph 3.9 of ASTM D 995 is deleted. Instead, the following applies. Use of surge bins or storage bins for temporary storage of hot bituminous mixtures will be permitted as follows: (a) The bituminous mixture may be stored in surge bins for period of time not to exceed 3 hours, (b) The bituminous mixture may be stored in �I insulated storage bins for a period of time not to exceed 24 it hours, provided an inert gas atmosphere is maintained in the bin during the storage period. �I - o The bins shall be such that mix drawn from them meets the same requirements as mix loaded directly into trucks. If the Engineer determines that there is an excessive amount of heat loss, segregation or oxidation of the mixture due to temporary storage, no overnight storage will be.allowed. 401-4.3 HAULING EQUIPMENT. Trucks used for hauling bituminous mixtures shall have tight, clean, and smooth metal beds. To prevent the mixture from adhering to them, the truck beds shall be lightly coated with a minimum amount of paraffin oil, lime solution, 'or other approved material. Each truck shall have a suitable cover to protect the mixture from adverse weather. Whenii necessary/ to ensure that the mixture will be delivered to the site at the specified temperature, truck beds shall be insulated and covers shall be securely fastened. 401.-4.4 BITUMINOUS PAVERS. Bituminous pavers shall be self- contained, power -propelled units with an active screed or strike-i• off assembly, heated if necessary, and shallbe capable spreading and finishing courses of bituminous plant mix material, which will) meet the specified thickness, smoothness, and grade. Pavers used; for shoulders and similar construction shall be capable of yj FY992164 Drake Field Lancaster Drive Extension 6 II In spreading and finishing courses of bituminous plant mix material in widths shown on the plans. 1 The paver shall have a receiving hopper of sufficient capacity to permit a uniform spreading operation. The hopper shall be equipped with a distribution system to place the mixture ' uniformly in front of the screed. The screed or strike -off shall effectively produce a finished surface of the required evenness and texture without tearing, shoving, or gouging the mixture. ' The paver shall be capable of operating at forward speeds consistent with satisfactory laying of the mixture. U If an automatic grade control device is used, the paver shall be • equipped with a control system capable of automatically maintaining the specified screed elevation. The control system shall be automatically activated from either a reference line or surface through a system of mechanical sensors or sensor -directed mechanisms or devices which will maintain the paver screed at a ' predetermined transverse slope and at the proper elevation to obtain the required surface. The transverse slope controller shall be capable of maintaining the screed at the desired slope within plus or minus 0.1 percent. The controls shall be capable of working in conjunction with any of the following attachments: ' a. Ski -type device of not less than 30 feet (9.14 m) in length or as directed by the Engineer. b. Taut stringline (wire) set to grade. c. Short ski or shoe. 401-4.5 ROLLERS. Rollers of the vibratory, steel wheel, or pneumatic -tired type may be used. They shall be in good condition, capable of operating at slow speeds to avoid displacement of the bituminous mixture. The number, type, and weight of rollers shall be sufficient to compact the mixture to the required density while it is still in a workable condition. The use of equipment which causes excessive crushing of the aggregate will not be permitted. I FY992164 Drake Field Lancaster Drive Extension I 7 401-4.6 PREPARATION OF BITUMINOUS MATERIAL. .The bituminous material shall be heated in a manner that will avoid local overheating and provide a continuous supply of the bituminous material'to the mixer at a uniform temperature. The temperature of the bituminous material delivered to the mixer shall be sufficient to provide a suitable viscosity for adequate coating. of the aggregate particles but shall not exceed 325 F (160 C). 401-4.7PREPARATION OF MINERAL AGGREGATE. The aggregate for the mixture shall be dried and heated to the temperature designated by the job formula within the job tolerance specified. The maximum temperature and rate of heating shall be such that no permanent damage occurs to the aggregates. Particular care shall be taken that aggregates high in calcium or magnesium content are not damaged by overheating. The temperature shall not be lower than is.required.to obtain complete coating and uniform distribution on the aggregate particles and to provide a mixture of .satisfactory workability. 401-4.8 PREPARATION OF BITUMINOUS MIXTURE. The aggregates and the bituminous material shall be weighed or metered and introduced into the mixer in the amount specified by the job mix formula. The combined materials shall be mixed until the aggregate obtains !! a uniform coating of bitumen and is.thoroughly distributed 11 throughout the mixture. Wet mixing time shall be the shortest time that will produce a satisfactory mixture. It shall be established by the Contractor, based on the procedure for II determining the percentage of coated particles described in ASTM D 2489, and approved by the Engineer for each individual plant and for each type of aggregate used. The minimum mixing time shall be 25 seconds. The mixing time will be set to achieve 95 percent of coated particles. For.continuous mix plants, the minimum, mixing time shall be determined by dividing the weight of 'I its contents. at operating level by the weight of the mixture delivered per second by the mixer. The moisture content of the it mix shall not exceed 1.0 percent. 401-4.9 -.,TRANSPORTING, SPREADING, AND FINISHING. The mixture';, shall be transported from the mixing plant to the point of use'inl� vehicles conformingto the requirements of Section 401-4.3. Deliveries shall be scheduled so that spreading and rolling of all mixture prepared for one day's run can be completed during iI daylight, unless adequate artificial lighting is provided. Hauling over freshly placed material shall not be permitted until FY992164 Drake Field Lancaster Drive Extension 8 II II I I the material has been compacted, as specified, and allowed to cool to atmospheric temperature. ' Immediately before placing the bituminous mixture, the underlying course shall be cleared of all debris with power blowers, power 1 brooms, or hand brooms as directed. The mix shall be placed at a temperature of not less than 250 F (107 C) when asphalt cement is used, and not less than 150 F (65 C) when tar is used. Upon arrival, the mixture shall be spread to the full width by an approved bituminous paver. It shall be struck off in a uniform layer of such depth that, when the work is completed, it shall have the required thickness and conform to the grade and contour indicated. The speed of the paver shall be regulated to ' eliminate pulling and tearing of the bituminous mat. Unless otherwise directed, placement of the mixture shall begin along the centerline of a crowned section or on the high side of areas with a one-way slope. The mixture shall be placed in consecutive adjacent strips having a minimum width of 12 feet except where edge lanes require less width to complete the area. The longitudinal joint in one layer shall offset that in the layer ' immediately below by at least 1 foot (30 cm); however, the joint in the top layer shall be at the centerline of the pavement. Transverse joints in one layer shall be offset by at least 2 feet I. (60 cm) from transverse joints in the previous layer. Transverse joints in adjacent ones shall be offset a minimum of 10 feet (3 m) . On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the mixture may be spread, raked, and luted by hand tools. i401-4.10 COMPACTION OF MIXTURE. After spreading, the mixture shall be thoroughly and uniformly compacted by rolling. The surface shall be rolled when the mixture has attained sufficient stability so that the rolling does not cause undue displacement, cracking, or shoving. The sequence of rolling operations and the type of rollers used shall be at the discretion of the 'Contractor. The speed of the roller shall, at all times, be sufficiently slow Ito avoid displacement of the hot mixture. Any displacement • occurring as a result of reversing the direction of the roller, or from any other cause, shall be corrected at once. FY992164 Drake Field Lancaster Drive Extension 9 Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall continue until all roller marks are eliminated, the surface is of uniform texture and true to grade and cross section, and the required field density is obtained. To prevent adhesion of the mixture to the roller, the wheels. shall be kept properly moistened, but excessive water will not be permitted. In areas not accessible to the roller, the mixture shall be thoroughly compacted with hot hand, tampers. Any mixture that becomes loose and broken, mixed with dirt, or in any way defective shall be removed and replaced with fresh hot mixture and immediately compacted to conform to the surrounding: area. This work shall be done at the Contractor's expense. Skin patching -shall not be allowed. 401-4.11 JOINTS. The formation of all joints shall be made in_ such a manner1 as to ensure a. continuous bond between old and new sections of the course. All joints shall have the same texture, density, and smoothness as other sections of the -course. The roller shall not pass over the unprotected end of thefreshly laid mixture except when necessary to form a transverse joint. When necessary to form a transverse joint, it shall be made by means of placing a bulkhead or by tapering the course, in which case the edge will be cut back to -its full depth and width on.a straight line to expose a vertical face. In both methods all contact surfaces 'shall be given a tack coat of bituminous material before placing any fresh mixture on the joint. Longitudinal joints which are irregular, damaged, or other '4 defective shall be cut back to expose a clean, sound surface for the full depth of the course. All contact surfaces shall be given a tack coat of bituminous material prior to placing any fresh mixture against the joint. 401-4.12 ACCEPTANCE SAMPLING AND TESTING OF BITUMINOUS MIXTURE (DENSITY), a. Laboratory Density. Bituminous mixture for laboratory - compacted specimens shall be sampled on a lot basis from trucks delivering material to the job site. The lot size shall be the same as indicated in paragraph 401-4.12a and shall be divided into four equal sublots. One sample shall be taken from each sublot•on a random basis, in accordance with procedures contained FY992164 Drake FieldLancasterDrive Extension 10 LI I 11 I 1 I [1 I I I I I I 1 I I 1 in ASTM D 3665. One laboratory compacted specimen shall be prepared from each sublot. The specimens shall be compacted in accordance with ASTM D 1559, Section 3.5. The sample of bituminous mixture may be put in a covered metal tin and placed in an oven for not more than 30 minutes to maintain the heat. In no instance shall the mixture cool more than 20 F (12 C) below the job -mix temperature prior to compaction. The density of each specimen shall be determined in accordance with ASTM D 2726 or D 1188, whichever is applicable. b. Acceptance Criteria. Acceptance of in -place pavement shall be based on the following: 1. Density tests on subgrades and base courses shall be taken every 300 feet or portion thereof. The subgrade shall be compacted to 95°% of Standard Proctor. The base course shall be compacted to 95% of Modified Proctor. Minimum base course thickness shall be 6 inches. 2. Asphalt streets shall be cored every 500 feet or portion thereof for the purpose of checking density and thickness, except that each cul-de-sac streets shall have at least one core taken regardless of length. The location of the core shall be chosen so as to accurately represent the quality of asphalt laid in a particular area. In no case shall the actual thickness be less than the required thickness minus 1/4 of an inch. 3. Minimum asphalt density shall be 92.0% of the maximum theoretical density. No density of less than 90.0% shall be acceptable. The asphalt where densities less than 92.0% and more than 90.0% shall be left in place and a penalty of 2 percent of the in -place construction cost of the deficient asphalt shall be paid to the City for each 0.10% deviation from the required density up to a maximum penalty of 40 percent. Where densities are less than 90.0%, the paving shall be removed and replaced. 4. The asphalt density used for the purpose of computing the penalty shall be the average density over the entire street or streets within the development as determined by the core samples. No densities under 90% shall be used in the average. All areas of less than 90% shall be removed and replaced using the AHTD criteria for determining the area of replacement. I5. Any failed density or thickness test may be offset • by the taking of new tests in accordance with the procedures FY992164 Drake Field Lancaster Drive Extension 11 1 I contained in. the 1993 edition of the Arkansas Stated Highway and Transportation. Department's Standard Specification for HIGHWAY CONSTRUCTION. 6. Additional material and in -place testing may be required. Such tests, if required by the City, shall be accomplished -and evaluated in accordance with the applicable sections of the Standard Specifications for HIGHWAY CONSTRUCTION Edition of 1996, Arkansas State Highway and Transportation Department. 401-4.13 SAMPLING PAVEMENT. Core samples for determination of the density of completed pavements shall be obtained by the Contractor at no extra cost. The size, number, and locations of the samples will be as directed by the Engineer. Samples shall be neatly cut with a saw, core drill, or other approved equipment. Cores that are clearly defective shall be resampled. The Contractor shall furnish all tools, labor, and materials for cutting samples and replacing pavement. 4 All tests necessary to determine conformance with requirements specified in this item will be performed by the Engineer without cost to the Contractor. . a. Resampling. Resampling of the pavement for density will be allowed if he Contractor requests, in writing, resampling,and retesting shall be as required by AHTD Spec. 1996 Edition. 401-4.14 SURFACE TESTS.. Tests for conformity with the specified,. crown and grade shall be made by the Contractor immediately afterll initial compaction. Any variation shall be corrected by the removal or addition of materials and by continuous rolling. The finished surface shall not vary'more than 1/4.inch for the surface course and 3/8 inch for the binder course when tested with a 16 -foot (4.8 m) straightedge applied parallel with, or at right angles to, the centerline. FY992164 Drake Field Lancaster Drive Extension 12 I I I I I I I H U I I I 11 I I I I After the completion of final rolling, the smoothness of the course shall be tested by the Engineer; humps or depressions exceeding the specified tolerances shall be immediately corrected by removing the defective work and replacing with new material, as directed by the Engineer. This shall be done at the Contractor's expense. The finished surfaces of bituminous courses shall not vary from the gradeline, elevations, and cross sections shown on the contract drawings by more than 1/2 inch (12.70 mm). The Contractor shall correct pavement areas varying in excess of this amount by paving and replacing the defective work, skin patching will not be permitted. . METHOD OF MEASUREMENT 401-5.1 Plant mix bituminous concrete pavement shall be measured by the number of tons (kg) of bituminous mixture used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. BASIS OF PAYMENT 401-6.1 Payment for an accepted bituminous concrete pavement shall be made at the full or adjusted contract unit price per ton (kg). The price shall be full compensation for furnishing all materials, for all preparation, mixing, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Tack coat or primer coat shall be incidental to paving and no separate payment will be made for them. a. Basis of Adjusted Payment. Table 7 shall be used to determine the adjusted contract price for a lot of material when the results of the pavement density tests for that lot indicate that the percentage of material above the specification limit is less than 90 percent. TESTING REQUIREMENTS ASTM C 29 ASTM C 88 FY992164 Drake Field Lancaster Drive Extension Unit Weight of Aggregate Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate 13 ASTM C 131 Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine it ASTM C 136 Sieve or Screen Analysis of Fine and Coarse Aggregates • _ASTM C 183. Sampling Hydraulic Cement ASTM D 75 Sampling Aggregates 11 ASTM D 995 Requirements for Mixing Plants for Hot -Mixed Hot -Laid Bituminous Paving. Mixtures ASTM D 1075 Effect of Water on Cohesion of Compacted Bituminous Mixtures ASTM D 1188 Bulk Specific Gravity of Compacted Bituminous Mixtures Using Paraffin -Coated Specimens ASTM D 1559 Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus ji ASTM D2172 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures it ASTM D 2489 Degree of Particle Coating of Bituminous -Aggregate Mixtures ASTM D2725 Bulk Specific Gravity of Compacted Bituminous Mixtures Using Saturated Surface -Dry Specimens ASTM D 3665 Random Sampling of, Paving Materials ASTM D 3666 Inspection and Testing Agencies for Bituminous Paving Materials ASTM D 4318 Liquid Limit, Plastic Limit, and Plasticity Index of Soils AASHTO T 30 Mechanical Analysis of Extracted Aggregate FY992164 Drake Field Lancaster -Drive Extension 14 I ' ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE IDESCRIPTION 610-1.1 This item shall consist of reinforced structural portland ' cement concrete, prepared and constructed in accordance with these specifications, at the locations and of the form and dimensions shown on the plans. M MATERIALS 610-2.1 GENERAL. Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the Contractor, when required, for examination and test. Materials shall be scored and handled to insure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein. In no case shall the use of pit -run or naturally mixed aggregates be permitted. Naturally mixed aggregate shall be screened and washed, and all fine and coarse aggregates shall be stored ' separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of different aggregates will not be permitted. 610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall meet the requirements of ASTM C 33. Coarse aggregate shall be well graded from coarse to fine and shall ' meet one of the gradations shown in Table 1, using ASTM C 136. 610-2.3 FINE AGGREGATE. The fine aggregate for concrete shall ' meet the requirements of ASTM C 33. The fine aggregate shall be well graded from fine to coarse and shall meet the requirements of Table 2, when tested in accordance ' with ASTM C 136: TABLE 1. GRADATION FOR COARSE AGGREGATE Sieve Designation Percentage by Weight Passing Sieves (square openings) 11/2 inch 100 1 inch 90-100 ' '/2 inch 20-60 No 4 inch 0-10 FY992164 Drake Field Lancaster Drive Extension 1 I TABLES 2.. GRADATION FOR FINE AGGREGATE Sieve Designation (square openings) Percentage by Weight Passing Sieves 3/8 inch 100 No. 4 95-100 No. 16 45-80 No. 30 25-55 No. 50 10-30 No. 100. 2-10 Blending will be permitted, if necessary, in order to meet the gradation requirements for fine aggregate. Fine aggregate deficient in the. percentage of material passing the No. 50 mesh sieve may be accepted, provided that such deficiency does not exceed 5°s and is remedied by the -addition of pozzolanic or cementitious materials other than Portland cement, as specified in 610-2.6 on admixtures, in sufficient quantity to produce the required workability as"approved by the Engineer. 610-2.4 CEMENT. Cement shall conform to the requirements of C-150 Type I.. The Contractor shall furnish vendors' certified test reports for 11 each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission t0 use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 610-2.5 WATER. The water used in concrete shall be free from sewage oil, acid, strong alkalies, vegetable matter, and clay and loam. If the water is of questionable quality, it shall be tested in accordance with AASHO T 26. - 610-2.6 ADMIXTURES. The use of any material added to the concrete it mix hall be approved by the Engineer. Before approval of - any 1. material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall be made of samples l! taken by the Engineer from the supply of the material being II furnished or .proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Pozzolanic admixtures shall be fly ash or raw or calcined natural pozzolons meeting the requirements of ASTM C 618. Air -entraining admixtures shall meet the requirements of 260. Air -entraining admixtures shall be added at'the mixer amount necessary to produce the specified air content. ASTM C it in the 'l ! II Water -reducing, set -controlling admixtures shall meet the requirements of ASTM C 494, Type A, water -reducing or Type D, water -reducing and retarding. Water -reducing admixtures shall be I FY992164, Drake Field Lancaster Drive Extension 2 ,. ..._.______-; �� r �i I I n J added at the mixer separately from air -entraining admixtures in accordance with the manufacturer's printed instructions. 610-2.7 PREMOLDED JOINT MATERIAL. Premolded joint material for expansion joints shall meet the requirements of ASTM D 1751. 610-2.9 COVER MATERIALS FOR CURING. Curing materials shall conform to one of the following specifications: Waterproof paper for curing concrete ASTM C 171 ' Polyethylene Sheeting for Curing Concrete ASTM C 171 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309, ' Type 2 CONSTRUCTION METHODS I I I I I I I l! I I 610-3.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. 610-3.2 CONCRETE COMPOSITION. The concrete shall develop a compressive strength of 3500 psi in 28 days as determined by test cylinders made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The concrete shall contain not less than 470 pounds of cement per cubic yard. The concrete shall contain 5 percent of entrained air, plus or minus 1 percent, as determined by ASTM C 231 and shall have a slump of not more than 4 inches as determined by ASTM C 143. 610-3.3 ACCEPTANCE SAMPLING AND TESTING. Concrete for each structure will be accepted on the basis of the compressive strength specified in paragraph 3.2. The concrete shall be sampled in accordance with ASTM C 172. Compressive strength specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. Concrete cylindrical test specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The Contractor shall cure and store the test specimens under such conditions as directed. The Engineer will make the actual tests on the specimens at no expense to the Contractor. 610-3.4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be approved by the Engineer and shall provide means of regulating, the flow of aggregates into the batch box so that the required and FY992164 Drake Field Lancaster Drive Extension exact weight of aggregates can, be readily obtained. 610-3.5 CONSISTENCY. The consistency of the concrete shall be checked by the slump test specified in ASTM C 143. 610-3.6 MIXING. Concrete may be mixed at the construction site, at. a central point, or wholly.or in part in truck mixers. The concrete shall be mixed and delivered in accordance with the requirements of ASTM C 94. 610-3.7 MIXING CONDITIONS. The concrete shall be mixed only 'in I quantities required for immediate use. Concrete shall not be mixed while the. air temperature is below 40° F without permission of the! Engineer. If permission is granted for mixing under suchil; conditions, aggregates or water, or both, shall be heated and then concrete shall be placed at,a temperature not less than 50 nor more!! than 100° F. The Contractor shall be held responsible for any ! defective work, resulting from freezing or injury in any manner during placing and curing, and shall replace such work at his/her•!, expense. Retempering of concrete by adding water or any other material. shall) not be permitted. The' -delivery of concrete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals.;, 610-3.8 FORMS. Concrete shall not be placed until all the forms I and reinforcements have been inspected and approved by the Engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as' designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall, bear responsibility for their adequacy. The surfaces of forms , shall be smooth and free from irregularities, dents, sags, and,; holes. -. The internal, ties shall be arranged so that, when the forms are ;I removed; no metal will. show in the concrete surface or discolor the " surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms -shall be constructed so that they can be removed without injuring the concrete or concrete surface. - The forms shall not be removed before the expiration of at least 30 hours- from vertical faces, walls, slender columns, and similar structures or until tests indicate that at least 40% of the design strength has developed; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at, least 60% of the design strength of the concrete has developed. 1I 610-3.9 PLACING REINFORCEMENT. All accurately placed, as shown on the plans, in position during concreting. Bars shal intersections. The reinforcement shall metal chairs. Shop drawings, lists, and FY992164 Drake Field Lancaster Drive Extension reinforcement shall be and shall be firmly held 1.be fastened together at be supported.by approved bending details shall be .4 ' I I I I I I I I I LI I C] I I I supplied by the Contractor when required. 610-3.10 EMBEDDED are to be embedded as indicated. All rust, scale, oil, shall be avoided. around and against ITEMS. Before placing concrete, any items that shall be firmly and securely fastened in place such items shall be clean and free from coating, or any foreign matter. The embedding of wood The concrete shall be spaded and consolidated embedded items. 610-3.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise approved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than 11/2 hours after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a distance of more than 5 feet, or depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into corners and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie, a closed bottom dump bucket, or other approved method and shall not be disturbed after being deposited. 610-3.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended, necessary provisions shall be made for joining future work before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by roughened slightly, wetted, and/or covered with a neat coating of cement paste or grout. 610-3.13 EXPANSION JOINTS. Expansion joints shall, be constructed at such points and of such dimensions as may be indicated on the drawings. The premolded filler shall be cut to the same shape as that of the surfaces being joined. The filler shall be fixed firmly against the surface of the concrete already in place in such manner that it will not be displaced when concrete is deposited FY992164 Drake Field Lancaster Drive Extension 5 against it. 610-3..14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any.dimensions are deficient, or if, the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the, Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor., 610-3.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the finished top surface at the proper elevation and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted; nor shall dry cement or sand=cement mortar be spread over the concrete during, the finishing of horizontal plane surfaces. The wingwalls and headwalls shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all II irregularities ate removed. If the concrete has hardened before I being rubbed, a •carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. v� is 610-3.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Contractor. The work shall be protected ii from the elements, flowing water,`and from defacement of any nature during the building operations. The concrete shall be cured as 1' soon as it has sufficiently hardened by covering with an approved'; material. Water -absorptive coverings shall be thoroughly saturated •' when placed and kept saturated for a period of at least 3 days. r All curing mats or blankets shall be sufficiently- weighted or tied!! down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on concrete surfaces for 7 days after'[ the concrete has been placed. , ` !k 610-3.17 DRAINS OR DUCTS. Drainage pipes, conduits, and ducts that are to be encased iri concrete shall, be installed by the Contractor before the concrete is placed. The pipe shall be heldl rigidly so that it will not be displaced or moved during •the placing of the concrete. II' 610-3.18 COLD WEATHER PROTECTION. When concrete is placed at temperatures below 400 F, the Contractor shall provide satisfactory' methods and means to protect the mix from injury by freezing. The ;I aggregates, or water, or both, shall be heated in order to placed the concrete at temperatures between 50 and 100° F. - -----FY992164 Drake Field' Lancaster Drive Extension - 6 ;I 1:1 I Calcium chloride may be incorporated in the mixing water when directed by the Engineer. Not more than 2 pounds of Type 1 nor more than 1.6 pounds of Type 2 shall be added per bag of cement. After the concrete has been placed, the Contractor shall provide sufficient protection such as cover, canvas, framework, heating apparatus, etc., to enclose and protect the structure and maintain the temperature of the mix at not less than 500 F until at least 60% of the designed strength has been attained. METHOD OF MEASUREMENT 1 610-4.1 Not Applicable. BASIC OF PAYMENT 610-5.1 Payment for structural concrete shall be subsidiary to the payment items using concrete. I. END OF ITEM P-610 I 'II I I I I I I FY992164 Drake Field Lancaster Drive Extension 7 I I I ' ITEM P-620 ROADWAY REFLECTORIZED PAINT AND PAVEMENT MARKINGS DESCRIPTION 620-1.1 This item shall consist of the painting of stripes on ' the surface of Access Roadways, in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. MATERIALS ' 620-2.1 MATERIALS ACCEPTANACE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a ' statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be ' interpreted as basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. ' 620-2.2 PAINT. Paint shall be Waterborne in accordance with the requirements of paragraph 620-2.2. Paint shall be furnished in White - 37925 and Yellow - 33538 in accordance with Federal Standard No 595. a. WATERBORNE. Paint shall meet the requirements of ' Federal Specifications TT -P -1952D, [Type I of Type II]. ' 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of ASSHTO M 247, Type I. Glass beads shall be treated with Silane adhesion coating conforming to the Specific ' Test Required by the AHTD Standard Specifications for Highway Construction. The paint and beads shall be installed in accordance to the AHTD Standard Specifications for Highway Construction. CONSTRUCTION METHODS ' 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45 degrees F (7 degrees C) and rising and the pavement ' surface temperature is at least 5 degrees F (2.7 degrees C) above the dew point. I 1 620-3.2 EQUIPMENT. Equipment shall include the necessary to properly clean the existing surface, marking machine, a bead and/or silca sand dispenE such auxiliary hand -painting equipment as may be satisfactorily complete the job. apparatus a mechanical ing machine, and:; necessary. to �I p II 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 apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. ;h 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dire, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all. dirt, laitance, and loose materials. _ 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance, of the paint application. The locations of markings to receive glass beads shall be shown.on the plans. 620-3.5 APPLICATION. Paint shall be applied at the locations. 1, and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface has I� been approved by the Engineer. The edges of the markings shall not vary from a straight line more than ;4 inch (12 mm) in 50 feet! (15 m). The paint shall be mixed in accordance with manufacturer's instruction and applied to the pavement with a marking -machine atI the .rate (s) shown in Table 1. The addition of thinner will not be permitted. A period of 7 days shall elapse between placement of a bituminous surfacecoursecoat and application of.the paint. II I I I I I I I I I I I I I I I I TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS, AND SILCA SAND Paint Glass Beads, Type I, Glass Beads, Silca Sand Square feet per Graduation A Type III Pounds per gallon gallon,ft'/gal Pounds per gallon Pounds per gallon of paint--lb./gal (Square meters per of paint--lb./gal. of paint--lb./gal. (Kilograms per li Paint Type liter,m'/1) (Kilograms per liter (Kilograms per liter of paint--kg./1) of paint--kg/1) or paint--kg/1) Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass beads 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 beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. 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 PROTECTIONS. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 620-4.1 The quantity of roadway markings to be paid for shall be the number of Lineal feet of painting performed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT 620-5.1 Payment shall be made at the respective contract price per Lineal feet for roadway painting, including both white and yellow markings. This price shall be full of compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. END OF SECTION I I I [I I I I I I [I I I [1 I I 11 ITEM,D-701 PIPE FOR STORM DRAINS AND CULVERTS DESCRIPTION 701-1.1 This item shall consist of pipe of the types, classes, sizes, and dimensions required on the Plans, furnished and installed at the places designated on the Plans and profiles, or by the Engineer, in accordance with these Specifications and with the lines and grades given on the Plans. The item shall include the bid price per linear foot of pipe in place, the cost of common excavation and backfill, the cost of furnishing and installing all trench bracing, all fittings required to complete the pipe drain as shown on the Plans, and the material for and the making of all joints, including all connections to drainage pipe and structures. MATERIALS 701-2.1 GENERAL. The pipe shall be of the size and type called for on the Plans and in the Proposal and shall be in accordance with the following appropriate requirements. 701-2.2 REINFORCED CONCRETE PIPE. Reinforced concrete pipe shall conform to the requirements of AASHTO M 170 or ASTM C-76. Circular pipe shall be Class III, Wall B. 701-2.3 RUBBER GASKETS. Rubber -type gaskets for concrete nonpressure pipe shall conform to the requirements of ASTM C-443. Since the gaskets may be exposed to petroleum products, a swelling test based on Methods 6001 and 6211 of Fed. Std. 601 shall be used. When the latter method is used with No. 3 oil for 70 hours at 212° F., the swelling shall not exceed 100%, by volume. (Gaskets shall meet the low -temperature flexibility requirements of Fed. Spec. HH- G-156). 701-2.4 CORREGATED METAL PIPE. Corrugated metal pipe shall conform to the requirements of AASTO M 128 or ASTM A929, 16 gauge. CONSTRUCTION METHODS 701-3.1 EQUIPMENT. All equipment necessary and required for the proper construction of storm sewers and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. The Contractor shall provide appropriate hoisting equipment to handle the pipe while unloading and placing it in its final position without damage to the pipe. The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed and the backfill, as specified. ' - FY992164 Drake Field Lancaster Drive Extension 1 701-3.2 EXCAVATION... (a) Common. The Contractor shall do all common excavation to the depth shown on the Plans. Common excavation shall consist of all excavation for pipe trench. - (b) Rock. Not applicable. (c) General. Excavated material not.required for backfill shall be disposed of by the Contractor as directed by the Engineer. Common excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined for embankment in Section 2-152, and compact the crushed stone material below future paved surfaces, to the density as determined for Crushed Aggregate Base in Section P-209. When directed,, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Engineer shall determine 'the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. When not specified in the Special Provisions, the cost of removing unstable soil and replacing it with approved material shall be covered .by .a supplemental agreement for the cubic yards of excavation and of approved material. The depth of cut shown on the Plans is from the surface grade to the invert of the pipeline. In case the depth of cut is changed from that shown on the Plans, the change shall not exceed 6 inches without -a revision 'in the Contract unit price per linear foot of pipe. However, if the depth of cut is changed more than 6 inches, compensation or deduction of work involved, whether increased 'or decreased, shall be provided for in a supplemental agreement. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction ofjoints and compaction of backfill around, the pipe. .The sides of thetrench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed 12 inches on each side of the pipe when placed, unless otherwise approved by the Engineer. The bed for the pipe. shall be so shaped that at least the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the ' trench. - The Contractor shall do such trench bracing, sheathing, or shoring necessary to perform and protect the excavation as required for safety and conformance to governing laws.' The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages as determined by the Engineer to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring, and 'the removal of same, shall be included in the unit price bid per foot for the pipe.' FY992164 Drake -Field Lancaster'DriveExtension 2 I 701-3.3 LAYING AND INSTALLING PIPE. The Contractor shall- provide the necessary mason's line and supports to insure installation of ' the pipe to line and grade. The Contractor's facilities for lowering the pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. ' The Engineer shall inspect all pipe before it is laid, and reject any section that is damaged by handling or is defective to a degree which will materially affect the function and service of the pipe. ' The laying of the pipe in the finished trench shall be started at the lowest point and laid upgrade. The tongue and groove pipe shall be laid with the grooved end laid upgrade. The pipe shall be firmly and accurately set to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing. ' When bell and spigot pipes are used, spaces for the pipe bells shall be dug in the pipe subgrade to accommodate the bells. These ' spaces shall be deep enough to insure that the bells do not bear the load of the pipe; they shall not be excessively wide in relation to the longitudinal direction of the trench. When the pipes are laid, the barrel of each section of pipe shall be in ' contact with quadrant -shaped bedding throughout its full length, exclusive of the bell, to support the entire load of the pipe. Pipe shall not be laid on frozen ground. Pipe which is not true in alignment, or which shows any settlement after laying, shall be taken up and relaid without extra compensation. 1 The Contractor shall provide, as may be necessary, for the ' temporary diversion of stream flow in order to permit the installation of the pipe under dry conditions. 1701-3.4 PIPE JOINTS. Pipe joints for concrete shall be the bell and spigot type or the tongue and groove type unless one type is specified by the Engineer. The following method of jointing pipe shall be used: ' (a) Rubber Gasket Joints. The gasket shall be installed in accordance with the manufacturer's instructions. 701-3.5 BACKFILLING. All trenches and excavations shall be backfilled within a reasonable time after the pipes are installed, unless other protection of the pipe is directed. Except where the pipe is placed under the roadway section, the backfill material shall be the same as excavated from the trench. Materials which is placed at the sides of the pipe and 1 foot over the top shall be material which can be readily compacted. It shall not contain ' stones retained on a 3 -inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The material shall be moistened or dried, if necessary to be compacted by the method in use. Backfill material shall be FY992164 Drake Field Lancaster Drive Extension 3 approved by the Engineer. Under future pavement sections, all backfill material shall be crushed aggregate, P-209. The backfill shall be placed in loose layers not to exceed 6. inches 1 in depth along each side of the pipe. Special care shall betaken' to secure thorough compaction under the haunches and at the sides of the pipe. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by. the Engineer. Backfilling.shall be done in a manner to avoid injurious top or .side pressures on the pipe. , I The backfill shall be compacted to the density required for embankments in unpaved areas under Item 2-152. Under paved areas, 'I the,subgrade and any backfill shall be compacted to the density required for embankments for paved areas under Item P-152. ailMovement of construction machinery over a culvert shall be at the Contractor's risk. Any pipe damaged thereby shall be -replaced at the expense of the Contractor. 701-3.6 CONNECTIONS. Where the Plans call for connections to existing or proposed structures, these connections shall be watertight and made so that a smooth uniform flow line will bel! obtained throughout the drainage system. 701-3.7 CLEANING AND RESTORATION OF SITE. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt, and rubbish. Surplus dirt may be deposited as ordered by the Engineer. ;. it Contractor shall remove all toolsil entire site free, clear, and in Performance of the work described in this section is not payable directly but shall be considered as a subsidiary obligation of the Contractor covered under the Contract unit price for the pipe. After all work is completed, the and other equipment, leaving the good condition. 701-3.8 OBSERVATION. Prior to final approval of the drainage system, the Engineer, accompanied by the Contractor's representative, shall make a thorough observation, by an. i appropriate method, of the entire installation. Any indication of defects in material or workmanship, or obstruction to flow in their pipe system, shall be further investigated and corrected. Defects 11 due to the Contractor's negligence shall be corrected by the Contractor without additional compensation and as directed by thell Engineer. .METHOD OF MEASUREMENT 701-4.1 The footage of pipe to be paid for shall be the number of linear feet of pipe in place, completed, and approved to be , measured along the centerline of the pipe from end or inside face of structure to end or inside face of structure, whichever is applicable. The classes, types, and sizes shall be measured separately. 'All fittings shall be included in the footage as ; typical pipe sections in the pipeline being measured. li FY992164 Drake Field Lancaster Drive Extension 4 II • u. I I BASIS OF PAYMENT ' 701-5.1 Payment will be made at the contract unit price per linear foot for each kind of pipe of the type, class, and size designated. ' Payment for flared end sections will be made at the contract unit price per each for each designated. These prices shall be full compensation for furnishing all materials (including crushed aggregate backfill) and for all preparation, excavation, spoilage of excavated material, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. I I I I I I I I I [1 I END ITEM D-701 FY992164 Drake -Field Lancaster Drive Extension 5 I I ITEM T-901 I I I I I I I I I I I I I I I SEEDING DESCRIPTION 901-i.1 This item shall consist of soil preparation, seeding the areas shown on the plans or as directed by the Engineer in accordance with these specifications. MATERIALS 901-2.1 SEED The species and application rates of grass, legume, and cover -crop seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ-S-181. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number for each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. Variety Creeping Red Fescue Bermuda (Common) hulled Fall Fescue (K-31) Bermuda (Common) hulled Weeping Love Grass Tall Fescue (K-31) March 15 - June 15 Pounds per Acre 20 15 20 June 16 - August 31 20 20 25 September 1 - October 15 Tall Fescue (K-31) 30 Rye Grass (perennial) 25 Crimson Clover (Dixie) 20 901-2.2 LIME. Not Applicable. FY992164 Drake Field Lancaster Drive Extension 901-2.3 FERTILIZER. Fertilizer shall be standard commercial fertilizers, supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and ii water-soluble potash. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. !1 Spec. O -F-241 and applicable state laws. They shall be furnished, in standard containers with name, weight, and guaranteed analysis'. of contents clearly marked thereon. No cyanamide compounds or :1 hydrated lime shall, be permitted, in mixed fertilizers. The fertilizers may be supplied in one of the following forms a. A dry, free -flowing fertilizer suitable for application by,, a common fertilizer spreader; b. A finely -ground fertilizer soluble in water, suitable for'J application by power sprayers; or c. A granular or pellet form suitable for application by blower equipment. Fertilizers shall be 10-20-10 commercial fertilizer and shall be spread at the rate of 500 pounds per acre. 901-2.4 SOIL FOR•REPAIRS, The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or, other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be -approved by the Engineer before being placed. CONSTRUCTION METHODS 901-3.1 ADVANCE PREPARATION AND CLEANUP. After grading of areas has been completed and before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and:, other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes has occurred after the completion., of grading and before beginning the application of -fertilizer and ground limestone, the Contractor shall repair such damage. This.. may include filling gullies, smoothing irregularities, and repairing other incidental damage. An area to be seeded shall be cons without additional treatment if it loosened and worked to a depth of result of grading operations and, if the top 3 inches of soil is loose, large clods, rocks, large roots, or if shaped to the required grade. idered a satisfactory seedbed has recently been thoroughly not less than 5 inches as a immediately prior to seeding, friable, reasonably free from other undesirable matter, and However, when the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil FY992164 Drake Field Lancaster Drive Extension 2 II I I I I I L1 I I I then scarified or otherwise loosened to a depth not less than 5 inches. Clods shall be broken and the top 3 inches of soil shall be worked into a satisfactory seedbed by discing, or by use of cultipackers, rollers, drags, harrows, or other appropriate means. 901-3.2 DRY APPLICATION METHOD a. Fertilizing. Following advance preparations and cleanup fertilizer shall be uniformly spread at the rate which will provide not less than the minimum quantity stated in paragraph 901-2.3. b. Seeding. Grass seed shall be sown at the rate specified in paragraph 901-2.1 immediately after fertilizing, and the fertilizer and seed shall be raked within the depth range stated in the special provisions. Seeds of legumes, either alone or in mixtures, shall be inoculated before mixing or sowing, in accordance with the instructions of the manufacturer of the inoculants. When seeding is required at other than the seasons shown on the plans or in the special provisions, a cover crop shall be sown by the same methods required for grass and legume seeding. c. Rolling. After the seed has been properly covered, the seedbed shall be immediately compacted by means of an approved lawn roller, weighing 40 to 65 pounds per foot of width for clay soil (or any soil having a tendency to pack), and weighing 150 to 200 pounds per foot of width for sandy or light soils. ' 901-3.3 MAINTENANCE OF SEEDED AREAS. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading ' and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and acceptance of the work. I I I I I When either the dry or wet application method outlined above is used for work done out of season, it will be required that the Contractor establish a good stand of grass of uniform color and density to the satisfaction of the Engineer. If at the time when the contract has been otherwise completed it is not possible to make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the areas seeded out of season will be withheld until such time as these requirements have been met. METHOD OF MEASUREMENT 901-4.1 The quantity of seeding to be paid for shall be the number of acres measured on the ground surface, completed and accepted. FY992164 Drake Field Lancaster Drive Extension -3 p. BASIS OF PAYMENT 901-5.1 Payment shall be made at the contract unit price per acre or fraction thereof, which price and payment shall be full compensation for furnishing and placing all material and for all labor, equipment, tools, and incidentals necessary to complete the work prescribed in this item. END OF ITEM T-901 it FY992164 Drake. Field Lancaster Drive Extension 4 I ITEM T-905 TOPSOILING DESCRIPTION 905-.1.1 This item shall consist of preparing the ground surface for topsoil application, removing topsoil from designated ' stockpiles or areas to be stripped on the site, and placing and spreading the topsoil on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the Engineer. ' MATERIALS 905-2.1 TOPSOIL. Topsoil shall be the surface layer of soil with ' no admixture of refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones (2 inches or more in diameter), clay lumps or similar ' objects. Brush and other vegetation which will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sods and herbaceous growth such as grass and weeds are not to be removed but shall be thoroughly broken up and intermixed with t the soil during handling operations. The organic content shall be not less than 3% nor more than 20% as determined by the wet - combustion method (chromic acid reduction). There shall be not less than 20% nor more than 80% of the material passing the 200 ' mesh sieve as determined by the wash test in accordance with ASTM C 117. Natural topsoil may be amended by the Contractor with approved 'materials and methods to meet the above specifications. 905-2.2 INSPECTION AND TESTS. Within 10 days following acceptance of the bid, the Engineer shall be notified of the source of topsoil to be furnished by the Contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. ' At this time, the Contractor may be required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths, for testing purposes as specified in 905-2.1. ' CONSTRUCTION METHODS 905-3.1 GENERAL. Areas to be top soiled shall be shown on the plans. If topsoil is available on the site, the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the plans. FY992164 Drake Field Lancaster Drive Extension - 1 - - _-- Suitable equipment necessary for proper preparation and treatment of the ground surface, stripping of topsoil, and for the handling and placing of all required materials shall be on hand, in good condition, and approved by the Engineer before the various operations are started. 905-3.2 PREPARING THE GROUND SURFACE. Immediately prior to dumping and spreading the topsoil on any area, the surface shall be loosened by discs or spike -tooth harrows, or by other means approved by the Engineer, to •a minimum depth of 2 inches to facilitate bonding of the topsoil to the covered subgrade soil. The surface of the area to be top soiled shall be cleared of all stones larger than 2 inches in any diameter and all litter or other material which may be detrimental to proper bonding, the rise of capillary moisture, or the proper growth of the desired planting. Limited areas, as shown on the plans, which are too compact to respond to these operations shall receive special scarification. Grades on the area to be top soiled, which have been established by others as shown on the plans, shall be maintained in a true and even condition. Where grades have not been established, the areas shall be smooth -graded and the surface left at the prescribed grades in an even and properly compacted condition to prevent, insofar as practical, -the formation of low places or pockets where water will stand. . 905-3.3 OBTAINING TOPSOIL. Prior to the stripping of topsoil from designated areas, any vegetation, briars, stumps and large roots, rubbish or stones found on such areas, which may interfere with subsequent operations, shall be removed using methods approved by the Engineer. Heavy sod or other cover, which cannot •be incorporated into the topsoil by disking or other means shall be removed. When suitable topsoil is available on the site, the Contractor shall. remove this material from the designated areas and to the depth as directed by the Engineer. The topsoil shall be spread on areas already tilled and smooth -graded, or stockpiled in areas approved by the Engineer. Any topsoil stockpiled by the Contractor shall•be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others, and is required for top soiling purposes, shall be removed and placed by the Contractor. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded if required and put into a condition acceptable for seeding. 905-3.4 PLACING TOPSOIL. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 6 inches after compaction, unless otherwise shown on the plans or stated in the special provisions. Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfing operations can proceed with a minimum of soil preparation or tilling. FY992164 Drake Field Lancaster Drive Extension fl I IT I L After spreading, any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches or more in diameter), roots, litter, or any foreign matter shall be raked up and disposed of by the Contractor. After spreading is completed, the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the Engineer. The compacted topsoil surface shall conform to the required lines, grades, and cross sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed. METHOD OF MEASUREMENT ' 905-4.1 By the cubic yards placed 61, deep. BASIS OF PAYMENT I905-5.1 Payment will be made by the cubic yard installed. I I I I I C C 11 I I END OF ITEM T-905 FY992164 Drake Field Lancaster Drive Extension - 3 I ITEM T-908 MULCHING DESCRIPTION ' 908-1.1 This item shall consist of furnishing, hauling, placing, and securing mulch on surfaces indicated on the plans or designated t• by the Engineer. MATERIALS ' 908-2.1 MULCH MATERIAL. Acceptable mulch shall be the materials listed below or any approved locally available material that is similar to those specified. Low grade, musty, spoiled, partially rotted hay, straw, or other materials unfit for animal consumption ' will be acceptable. Mulch materials, which contain matured seed of species which would volunteer and be detrimental to the proposed overseeding, or to surrounding farm land, will not be acceptable. Straw or other mulch material which is fresh and/or excessively ' brittle, or which is in such an advanced stage of decomposition as to smother or retard the planted grass, will not be acceptable. a. Hay. Hay shall be native hay, sudan grass hay, broomsedge hay, legume hay, or similar hay or grass clippings. b. Straw. Straw shall be the threshed plant residue of oats, ' wheat, barley, rye, or rice from which grain has been removed. C. Hay Mulch Containing Seed. Hay mulch shall be mature hay containing viable seed of native grasses or other desirable species ' stated in the special provisions or as approved by the Engineer. The hay shall be cut and handled so as to preserve . the maximum quantity of viable seed. Hay mulch which cannot be hauled and ' spread immediately after cutting shall be placed in weather -resistant stacks or baled and stored in a dry location until used. d. Asphalt Binder. Asphalt binder material shall conform to the requirements of ASTM D 977, Type SS -1 or RS -1. 908-2.2 INSPECTION. Within 5 days after acceptance of the bid, the Engineer shall be notified of sources and quantities of mulch materials available and the Contractor shall furnish him with representative samples of the materials to be used. These samples may be used as standards with the approval of the Engineer and any materials brought on the site which do not meet these standards shall be rejected. I FY992164 Drake Field Lancaster Drive Extension 1 CONSTRUCTION METHODS 908-3.1 MULCHING. Before spreading mulch, all large clods, stumps, stones, brush, roots, and other foreign material shall be removed from the area to be mulched. Mulch shall be applied immediately after seeding. The spreading of the mulch may be by hand methods, blower, or other mechanical methods, provided a uniform covering is obtained. Mulch material shall be furnished, hauled, and evenly applied on the area shown on the plans or designated by the Engineer. Straw or hay shall be spread over the surface to a uniform thickness at the rate of 2 to 3 tons per acre to provide a loose depth of not less than 1-1/2 inches nor more than 3 inches. Other organic material shall be spread at the rate directed by the Engineer. Mulch may be blown on the slopes and the use of cutters in the equipment for this purpose will be permitted to the extent that at least 95°06 of the mulch in place on the. slope shall be 6 inches or more in length. . When mulches applied by the blowing method are cut, the loose depth in place shall be not less than 1 inch nor more than 2..inches. 908-3.2 SECURING MULCH. The mulch on normal slopes of less than 5:1 shall be held in place by light discing,- asphalt binder, •or other adhesive material approved by the Engineer. The mulch on the channels slopes shall be held in place by erosion control matting as approved,by the Engineer. Where mulches have been secured by either of the asphalt binder methods, it will not be permissible to walk on the slopes after, the binder has been applied. The Contractor is warned that in the application of asphalt binder material he must take every precaution to guard against damaging or disfiguring structures or property on or adjacent to the areas worked and that he will be held responsible for any such damage resulting from his/her operations. 908-3.3 CARE AND REPAIR. a. The Contractor shall care final acceptance of the project. providing protection against traff warning signs, as approved by the barricades that may be shown on the after mulching has been completed on for the mulched areas until Such care shall consist of Lc or other use by placing Engineer, and erecting any plans before or immediately the designated areas. b. The Contractor shall be required to repair or replace any mulching and matting that is defective or becomes damaged until the project is finally accepted. When, in the judgment of the Engineer, such defects or damages are the -result of poor workmanship or failure to meet the requirements of the specifications, the cost of the necessary repairs or replacement shall be borne by the Contractor. However, once the Contractor has completed the mulching- of any area in accordance with the provisions of the specifications and to the satisfaction of the Engineer, no additional work at his/her expense will be required, but subsequent repairs and replacements deemed necessary by the Engineer shall be made by the Contractor and will be paid for as additional or extra work. FY992164 Drake Field Lancaster Drive Extension I II I I c. If the "asphalt spray" method is used, all mulched surfaces shall be sprayed with asphalt binder material so that the surface has a uniform appearance. The binder shall be uniformly applied to the mulch at the rate of approximately 8.0 gallons per 1,000 square feet, or as directed by the Engineer, with a minimum of 6.0 gallons and a maximum of 10 gallons per 1,000 square feet depending on the type of mulch and the effectiveness of the binder securing it. Bituminous binder material may be sprayed on the mulched slope areas from either the top or the bottom of the slope. An approved spray nozzle shall be used. The nozzle shall be operated at a distance of not less than 4 feet from the surface of the mulch and uniform distribution of the bituminous material shall be required. A pump or an air compressor of adequate capacity shall be used to insure uniform distribution of the bituminous material. Id. If the "asphalt mix" method is used, the mulch shall be applied by blowing, and the asphalt binder material shall be sprayed into the mulch as it leaves the blower. The binder shall ' be uniformly applied to the mulch at the rate of approximately 8.0 gallons per 1,000 square feet or as directed by the Engineer, with a minimum of 6.0 gallons and a maximum of 10 gallons per 1,000 square feet depending on the type of mulch and the effectiveness of ' the binder securing it. METHOD OF MEASUREMENT ' 908-4.1 Mulching shall be considered as subsidiary to seeding. This shall include all materials Labor & equipment required to seed the construction area. BASIS OF PAYMENT 908-5.1 Payment for mulching will be made under Contractor's unit ' price for Seeding. The price shall be full compensation for furnishing all materials and for placing and anchoring the materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. END OF ITEM T-908 C C I ' FY992164 Drake Field Lancaster Drive Extension 3 I 11 I ROADWAY LIGHTING GENERAL CONDITIONS The preceding General Conditions are part of these Specifications and this Contractor is referred to them and shall consult them in detail in connection with this part of the work. DRAWINGS AND SPECIFICATIONS The Drawings and Specifications are to be construed according to full intent, meaning and ' spirit when taken together or separately. Drawings and Specifications taken co -jointly shall be deemed to explain each other and be descriptive of necessary work to be performed under Contract. Any apparent discrepancy in either Drawings or Specifications shall be promptly reported to the ' Engineer, who is sole interpreter of the meaning of the Plans and Specifications, and his directions shall be followed. Anything shown on the Drawings and not mentioned in the Specifications, or vice -versa, shall be fully executed and carried out same as if mentioned in the Specifications and ' shown on the Drawings. For the sake of brevity these Specifications may omit, at times, phrases such as "Contractor ' shall furnish and install", "unless otherwise indicated or specified", etc., but these phrases are nevertheless implied. Mention of materials and operations requires the Contractor to furnish and install such materials and perform such operations complete to the satisfaction of the Owner. ' Exceptions are noted herein or shown on the Drawings. SITE INSPECTION AND FAMILIARITY WITH THE PROJECT The Contractor shall inspect the jobsites, study existing conditions, be completely familiar with the Drawings and Specifications, and, in general, be fully informed as to work required to complete Contract. No allowance will be made for misunderstanding after Contract is awarded. GENDER REFERENCE ' For the sake of brevity these Specifications may use the masculine "he", "him" or "his", etc. but shall nevertheless at all times indicate and include both the masculine and feminine gender. FEES, PERMITS, ETC. The Contractor shall pay all fees, licenses, permits, inspections charges, etc. incurred in obtaining services and installing work and shall deliver to Owner at completion of job all permits, inspection reports, etc. 1 I: LAWS, CODES AND ORDINANCES ' These Drawings and Specifications are to be regarded as minimum requirements. The Contractor shall further comply with all applicable Federal, State and Local requirements and with the 1999 edition of NFPA 70, National Electric Code. In case of conflicts between governing codes, state laws or local ordinances, the most stringent shall apply. Should the work of the ! ' Contractor fail to conform to the governing codes, he shall conformance at no expense to the Owner. - SCOPE OF WORK Furnish all materials and equipment specified'or called for on Drawings and Specifications, except as stated otherwise. Furnish all incidental material and equipment not specifically mentioned but essential to make installation in accordance with intent and requirements of Drawings, Specifications and Contract. Work complete from point of service to each and every fixture shown on the Drawings or herein specified with all accessory construction as may be herein itemized or required to make installation complete and ready for service. - .. All material and equipment shall be new, of best quality and design and free from defects. All material and equipment furnished in quantity shall be all of one manufacturer for each item unless otherwise, specified. Installation shall be complete including electrical service, mounting brackets, ditches, backfilling, patching, circuit breaker panels, boxes, covers, conduit, grounding, lighting fixtures, etc., connected, adjusted, aimed .and ready for service. GUARANTEE The Contractor, by acceptance of the Drawings and Specifications and signing Contract, 1 acknowledges his acquaintance with all requirements and guarantees that every part going to make up the systems as herein described shall be as specified and will be erected in a most thorough and substantial manner by experienced labor. ii 1 He guarantees that all conduit and raceway as specified will be free from all obstructions of 'F every description and will be free from holes or breaks and well -bonded together at joints. j II He further guarantees to hold himself responsible for any defects which may develop in any part of the entire system, including apparatus and appliances as provided for under these Specifications, due to faulty workmanship, design or materials for a period of one year from date of final acceptance. Defects arising during this period will be promptly remedied by the Contractor at ':I his expense to the complete satisfaction of the Owner. Lamps shall be excluded from this 1 ' guarantee, but one complete, new and operative set of lamps for lighting fixtures shall be in place at time of finalacceptance. -2- B I. U I I CHARACTER OF SERVICE AND SYSTEM The electrical system shall commence at the point shown on the Drawings on the load side of an existing meter at a delivery voltage of 120/240 volts, single phase, 60 hertz. HOUSEKEEPING AND SAFETY Contractor shall remove his rubbish from the premises at intervals and shall maintain the workplace in an orderly and safe manner. On completing his work, and prior to submission of final estimate, he shall remove all tools, appliances, material and rubbish from the grounds. 1 COOPERATION AND COORDINATION This Contractor shall install his work without unduly delaying other trades. He shall furnish 1 sufficient labor to accomplish this end. He shall coordinate his work with all other trades so that all electrical work shall be properly installed. The Contractor shall verify field and site conditions to determine the precise routing and location of electrical work. LABOR AND WORKMANSHIP 1 Contractor shall comply with the labor laws of the State of Arkansas and the various Acts Amendatory and Supplementary thereto, and other Federal, State and Local laws, ordinances and legal requirements applicable thereto. 1 All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their trades. The standard of work required throughout shall be of such grade as will bring results of the first class only. Defective work shall be repaired or replaced at no expense to the Owner. Mechanics whose work is unsatisfactory to the Owner or are considered by the owner to be unskilled or otherwise objectionable shall be dismissed from the work upon notice from the Owner. All manufactured articles, material and equipment listed or described shall be applied, 1 installed, connected, erected, used, cleaned, conditioned and aimed as directed by the Manufacturer and these documents. LOCATION OF FACILITIES Locations shown on Drawings are approximate unless dimensioned. Check large scale 1 details to determine missing dimensions or for explanatory notes. SUBSTITUTION OF SPECIFIED MATERIALS 1 The Specifications and Drawings make reference to material or equipment supplied by a particular manufacturer. This has been done to establish a minimum standard of acceptance LI II concerning quality, workmanship, reliability, serviceability, etc. It is not the intent to discriminate '@ against an approved equal by other manufacturers. The Contractor shall furnish sufficient detailed information to enable the Owner to• determine whether or not the proposed substitute is equal to that appearing in the Specifications or on the Drawings. No substitute item shall be approved without the written consent of the Owner. Any additional work or changes necessitated by the approval and installation of substitute equipment shall be done by the Contractor without extra cost to the Owner. Any savings shall be passed to the Owner. II WIRING METHODS, CONDUIT AND FITTINGS All circuits shall be installed as shown and sized on the drawings in conduit types shown. EMT connections shall be compression type. Galvanized conduit, EMT and fittings shall be manufactured in accordance with applicable NEMA standards and ASTM specifications. Conduit shall be Republic or equal and fittings shall be Appleton or equal. PVC conduit shall be Carlon or equal. GROUNDING All electrical equipment and the structure installed on this project shall be properly grounded in accordance with Article 250 of the 1999 National Electrical Code. A #6 bare soft -drawn copper grounding conductor shall be installed in each conduit with lighting circuits. LIGHTING FIXTURES Contractor to furnish and install lighting fixtures as listed in the Fixture Schedule on the Drawings. WIRE AND CABLE All conductors for, lighting circuits shall be stranded copper, type THHN, 600 volt, code grade. Wire shall be sized as shown on the Drawings. Unless otherwise specified on the Drawings, ground wire shall be #6 AWG solid soft or medium drawn bare copper. ELECTRICAL PANEL - p Contractor shall replace an existing circuit breaker in the existing Cutler -Hammer loadcenter where shown on the Drawings. 4- fl I I L I I I I I I r I I H C I TRENCHING AND BACKFILLING Trenches shall be of such depth so as to provide a full 24" of fill over conduit. Width of trench shall be a minimum of 12 inches. Bottom of finished trench shall be free of rock. If necessary, this shall be accomplished by over -excavation and refilling to desired bottom elevation with rock -free material. The first 12" of backfill shall also be free of rock. All fill shall be compacted. CUTTING AND PATCHING The Contractor is responsible for all cutting, patching and painting required by electrical work. The Contractor shall arrange with the appropriate sub -contractor for the execution of this work. All cutting, patching and painting shall be in accordance with applicable sections of these Specifications. Cutting of structural members is not allowed unless approved in writing by the Engineer. Factory painted equipment which has been damaged, scratched, or otherwise marred shall be restored to its original condition. ELECTRICAL TESTS AFTER INSTALLATION Before final acceptance will be given by the Owner, Contractor shall make insulation and load tests to assure the proper performance of each circuit. Instruments for such tests shall be furnished by the Contractor. All circuits shall be tested in the presence of the Owner or his Representative with a two hundred and fifty (250) volt megohm meter and each reading shall be recorded. Test records shall be given to the Owner. SUBMITTALS AND SHOP DRAWINGS All submittals shall be submitted in seven (7) copies to the Owner. The Owner shall examine these submittals in detail to determine if the material conforms to the Specifications and the Drawings. Written approval of the submittals is required be materials may be incorporated into the project. AS -BUILT DRAWINGS Contractor shall keep at least one (1) copy of the Drawings at the project at all times. These Drawings shall be annotated (red -lined) as required as the project progresses. This set of Drawings will be turned over to the Engineer at the end of the project for revision of the original Drawings. I I. I. 1 I.• 1 1 1 I 1 I P1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 25 29 30 31 32 33 35 36 Sutc of Arkansas 19th General Assembly Regular Session, 1993 By. Senator Kect As Engrossed: 2110193 ACT 93 A Bill SENATE BILL 320 For An Act To Be Entitled "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORAS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS; TO INVALIDATE BIDS WHICH DO NOT CONTAIN SUCH PROVISIONS; TO DECLARE AN EMERCENC'Y; AND FOR OTHER PURPOSES." Subtitle "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS." BE IT ENACTED BY THE GENERAL ASSEMBLY OF.THE STATE. OF flLUTSAS: SECTION 1. Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of Arkansas Code 55 22-9-202 - 22-9-204 for the making of repairs or. alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sever projects, or for any other construction project in which the public work or public improvement construction project involves any b) trench or excavation which equals or exceeds five (5) feet is depth, the agency, county, municipality, school district, local taxing unit or improvement district shall require: (1) the current edicio,: of Occupsciocsl Ssfecy and Health Admir.-'scracion Standard for Excavation and Trenches Ssfecy Syscem, 29 C n 1926, Subpart P, be specifically incorporated iaco the spec'_f?cscions for cue' project; and (2) the contract bid for= to include a separate pay ices for • • • • • • • C: As Eagrasxd: 2110193 Sa 320' 1 trench or excavation safety systems and be included. in the base bid. ;i 2 !� 3 SECTION 2. In the event a contractor fails Co cocolece a separace'pay 4 ice= insaccordance vich the applicable provisions -of Section '1 of this act, - 5 the agency,. county, =unicipality, school district, local taxing unit or 6 improvement district shall declare that the bid £ails to.comply fully with the 7 provisions of the. specifications and bid documents and will be considered 8 invalid as a non -responsive bid. The owners.af the above stated project shall 9 notify the State Department of Labor (Safety Division) of the award of a , 10 contract covered by chls act. I 11 12 13 14 15 16 17 18 19 20 21 22 SECTION 5. 23 hereby repealed. 24 25 26 27 23 29 30 31 32 33 SECTION 3. All provisions of this act of general and permanent nature are amendatory to the Arkansas Code' of 1987 Annotated and the Arkansas Code ' Revision Coemission shall incorporate the same in the Code. SECTION 4. If any provisions of this act or the.application thereof to 1„ any person or •circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable. 1. All laws and parts of laws in conflict with this act are 1 SECTION 6. Emergency. It is hereby found and determined by the Seventy -Ninth General Assembly of the State of Arkansas chat the yell -being of Arkansas' craft workers are unnecessarily exposed to the hazards of trench excavation and the 4 ediate passage of this act is necessary in order to i. protect the health and safety of the Arkansas worker. Therefore, an emergency is hereby declared to exist, and this act being necessary for the mediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. /s/ Senscor Keec - - ffp7mo - .__ �rr 1 'J H I [Ti I I I L L I I I I L I 1926 Subpart P. ' RECULATIONSAND PROCEDURES Overview Subpart P _._... _ Excavations P-1. What are the most frequently cited serious r 29 CFR 1926.6510)(2) was deleted by 59 FR 40730, Excavation violations? (January 1, 1990 to dated August 9, 1994 (publication of final rule Subpart April I. 1996) M of Part 1926 (Fall Protection)). 29 CFR 1926.652(aXl) (Protection in Excavations) .651(k)(1) (Inspections) .6S1(X2) (Loose Rock/So il) .651(c)(2) (Means of Egress) .651(d) (Vehicular Traffic) .651(k)(2) (Inspections) .651(h)(1) (Water Accumulation) .65I0XI) (Loose Rock/Soil) .651 QX2)*(Walltways/Guardfltte) .651(e) (Failing Loads) .6510)(3) (Adjacent Structures) .651(1)(I) •(Walkways/Guardrails) .6S2(b) (Sloping/Barehing Systems) .651((1)(1)(Adjaeent Strucnues) .652(c) (Design/Protective Systems) .652(gX2) (Shield Systems Requirements) .652(g)(1) (Shield Systems/Geaeral) .65! (b)(4) (Underground rnsiallations) .651(gXl) (Hazardous Atmospheres) .651(a) (Surface Encumbrances) .652(a)(2) (Protective Systems) P-2. What are some effective control measures that can used for the serious hazards discussed in F- A. The competent person should develop a check list enumerating the items listed in P -I and use the list to idcutiry and correct unsafe or unhealthy conditions that er'st on a particular worksite. B. All excavations including trenches must be shored or sloped that are 5 feet (1.52 m) in depth, or greater • (1926.652). For excavations less than 5 feet (1.52 m) in depth, the competent pe.son examines the • excavation for potential cave-in hazards and makes a detcrminadoa if protection is needed (1926.652(a)(1)). I P1 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P RECULATIOtS AD PROCEDURES 1926 Subpart P - Excavations • AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6,. 8, Occupational Safety and Health Act -of 1970 (29 U.S.C. 653, 655, 657): Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 @8 FR 35736), or 1-90 (55 FR 9O33), as applicable. Section 1926.651 also issued under 29.CFR Part 1911. SOURCE: 54 FR 45959, Oct 31, 1989, unless otherwise motel [59 FR 40730, Aug. 9, 1994] 1926.650 - Scope, Application, an d Definitions Applicable to this Subpart. (a) Scope andappEcadon. This subpart applies to all open excavations made in the earth's surface. Excavations art defined to include trenches. (b) Definitions applicable to their subpart Accepted engineering practices means those requirements which arc compatible with standards of practice required by a registered professional engineer. Alan: jaunt Hydraulic Shoring means a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (wales). Such system is designed specifically to support the sidcwalts of an excavation and prevent cave-ins. Bell-bottont pier hole mcans'a type of shaft or footing excavation., the bottom of which is madc larger than the cross scction above to forma belled shaoc. Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical'or scar -vertical surfaces between levels Cave-in meats the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield"cc support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or other wise injure and immobilize a person. . Competentperson means one who is cap able of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to amployees, and who has authorization to take prompt corrective measures to eliminate them. Cross bracer mean the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal. Faces or sides means the vertical or inclined earth surfaces farmed as a result of excavation work. Failure means the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hacardous atmosphere means an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing. irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout mans the accidental rodcasc or failure of a cross bract. P-2 I I OCCUPATIONAL SAFETYANDHEALTH .1926.650(b) REGULATIONS AND PROCEDURES • proeeceivesystern means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems. shield systems, and other systems that provide the necessary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer. registered in any state is deemed to be a registered professional engineeC within the meaning of this standard when approving designs for manufactured protective systemsor "tabulated data' to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system Shield (Shield systenr) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as wore progresses. Additionally, shields can be either premanufaeturcd or job -built in accordance with 1926.652(cX3) or (cX4). Shields used in trenches are usually referred to as "trench boxes" or trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins. . Sides. See'Fac-s.' Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of nn excavation that are inclined away front the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads " Stable rock means natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving -in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer. Stru�rral ranrp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning. bracing; or shoring; which provides support to an. adjacent .structure, undertund installation, or the sides of an excavation. . Tabulated data means tables and charts approved by a registered professional engineer and used to design and construct a protective system. . Trench (french excavation) means a narrow excavation (m relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) -is not greater than 15 fect.(4.6 m). If forms or other structures are installed orconstructed ucted in on excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 in) or less (measured at the bottom of the excavation), the excavation is also considered to be a trench. Trench box. See Shield." Trench shield See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the cart: and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to etch other, arc often called 'sheeting.' Wales means horizontal members of a shoring P-3 �NYg114U�bR6'/1�1] system placed parallel to the excavation face whose (1) .Sfucturalramps. i sides boar against the vertical members of the shoring system or earth. CO Structural ramps that are used II solely by employees as a means of access or egress from excavations sba11 be 1926.651- General Requirements. designed -'by a competent person. !I Structural ramps 'usd for access or • egress of equipment shall be designed by (a) Surface encumbrances. All surface a competent person qualified n structural design, and. shall be constructed in encumbrances that are located so as to create a hazard accordance with the design. to employees shall be removd or supported, as _ necesary, to safeguard employes. Cuj Ramps and ru sways constructed of two or more structural members shall (b) Underground installations have the structural members. connected together to prevent displacement (1) The estimated location of utility installations, such as sewer, telephone, fuel, (iii) Structural members used for ramps jL electric, waterlines, or any otherunderground and niways shall be of uniform installations that reasonably may be expected to thickness. - ' be encountered during excavation wad, shall be 4. • determined prior to opening an excavatiea (iv) Cleats or other appropriate means used to connect runway. structural 'I (2): Utility companies or owners shall be members shall be attached to the bottom contacted within established or customary local of the nmwal. or shall be attached in a El response times; advised of the proposed work, manner to prevrnc tipping. • and asked to establish the location of the utility undergtouud'iastatlations prior to the start of actual excavation. When utility companies or (v) Struetural ramps used in lieu of " steps shallbe vrovided with cleats or owners. cannot respond to a request to locate othersurfacc teatments o the top surface imdegrouzdutility installations within 24 hours - . -... to prevent slipping. (unles a longer period is required by state or 'j, local law), or cannot establish the exact location of these itutallations,the employer may proceed, (2) Means of egress from trench II excavations. A stairway, ladder, ramp or other • provided the employer dos so with caution, and safe means of egress shall be located in trench p provided detection equipment or other excavations that are 4 feet (1.22 m) or more in • acceptable means to loc:ate utility installations depth so as to require no more than 25 feet am used. (7.62 m) of lateral travel for employees. .. (3) What excavation operations approach the (d) Exposure to vehicular traffic. Employs estimated location of underground installations, exposed to public vehicular traffic shall be provided the exact location of the installations shalt be with, and shalt wear, warning vests or other suitable determined by safe and acceptable means. garments marked with or made of rcflectorized or high -visibility material. (4) While the excavation is open, i underground installations shall be protected, (c) Exposure to falling load . No employee shalt supported or removed as necessary to safeguard be ctitted underneath loads handled by fitting, or emoloye s. digging equipment Employees shall be required to stand away from any vehicle being loaded or unloaded I' (c) .Access and egress - - - -I• ' to avoid being snuck by any spillage or falling II P-4 II I I 1 OCCUPATIONAL SAFETY AND HEALTH 1926.651(x) 1 - REGULATIONS AND PROCEDURES •materials: Operators • may 'remain in the cabs of 'containing a concentration of a • vehicles being loaded or unloaded when the vehicles flammable gas in excess of 20 percent of are equipped, in accordance with 1926.601(b)(6), to the lower flammable limit of the gas. provide adequate protection for the operator during loading and unloading operations. (iv) When controls are used that are intended to reduce the level of (t) Warningsystem for mobile equipment When atmospheric contaminants to accruable mobile equipment is operated adjacent to an levels, testing shall be conducted as often excavation, or when such equipment is required to as necessary to ensure • that the ' approach tbcedge of an excavation, and the operator atmosphere remains safe. does not have aclearand and direct view of the edge of the excavation, a warning system shall be utilized such as (2) Emergency rescue equipment 1 barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the (1) Emergency rescue equipment, such excavation. as breathing apparatus, a safety harness and line, or a basket stretcher, shall be • 1 (g) Hazardous atmospheres- readily available where hazardous atmospheric conditions exist or may (1) Testing and controls. In addition to the -reaaanably be expected to develop during 1 requirements set forth in subparts D and E of work in an excavation. This equipment • this pact (29 CFR 1926.50 - 1926.107) to "shall be attended when in rue. prevent exposure to harmful levels of atmospheric contaminants and to assure (U) Employees entering bell-bottom ' acceptable ' atmospheric conditions, the " pier holes, or other similar deep and following requirements shall apply: coafl ned footing excavations, shall wear a bathers with a lifeline securely attached 1 (i) Where oxygen deficiency to it The lifeline shall be separate from (atmospheres containing less than 19.5 any line used to handle materials, and percent oxygen) or -a =hazardous shall be individually attended at all times atmosphr exists or could reasonably be while the employee wearing the lifeline is 1 expected to exist, such as in cxcavations in the excavation. in landFill areas or excavations in areas where hazardous substances are stored (h) Protection front hazards associatzd with water nearby, the atmospheres in the excavation accuntulatlon. shall be tested before employees enter excavations greater than 4 feet (1.22 m) (1) Employees that! not work in excavations in depth in which there is accumulated water, or in 1 excavations in which water is accumulating, Ci) Adequate precautions shall be unless adequate precautions have been taken to taken to prevent employee exposure to protcteanployees against the hazards posed by ' atmospheres containing less than 195 wateraccumulation. The precautions necessary percent oxygen end other hazardous to protect employees adequately vary with each atmospheres. These precautions include situation, but could include special support or providing proper respiratory protection shield systems to protect from Cave-ins, water 1 or attilation in ac ordance with subparts removal to control the level of accumulating D and E of this part respectively. water, or use of a safety harness and lifeline. I. (iii) Adequate precaution shall be takcn (2) If water is controlled or prevented from such as providing ventilation, to prevent accumulating by the use of watt removal employee exposure to an atmosph r equipment, the water removal equipment and 1 PS OCCUPATIONAL SAFETY AIND HEALTH 1926.651(h)(2) RECULATLON5 AND PROCEDURES operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams). diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with paragraphs (h)(I) and (h)(2) of this section. (i) Stability of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, ar.underpinning shall be provided to ensure , the stability of such structures for the protection of employes. (2) Excavation belovi the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: (i) .A.. -.support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or Cu) The excavation is in stable rock; or (tip) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or (iv) A registe.:d professional engineer. has approved the determination that such excavation work will not pose a hazard to employe -.s. (3) Sidewalll-s, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to. protect. employees from the possible collapse of such structures Q) Protection of employees front loose rock or soiL (1) Adequate protection shall be provided to protect employees from loose rock or soil that couldpose a hazard by falling ormlling from an excavaticaface. Such protection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means, that provide equivalent protection. . (2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficien( to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. I,; (k) Inspections. . (1) Da ly inspectioas of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, .; hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work r' and as needed throughout the shift. Inspections '! shall also be made after every rainstorm or other hazard increasing ccounatcc. These inspections are only required when enployec exposure can be reasonably anticipated. (2) Where the competent person- finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous artrosphcres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until P-6 I Ii OCCUPATIONAL SAFETY AND HEALTH 1926.65I(k)(2) • RECULATION5 AND PROCEDURES ' the nxessary precautions have been taken to slopes and configurations of sloping and benching ensure their safety.._ systems shall be selected and constructed by the employer or his designee and shall be in accordance (I) Fall protection. with the regtriremcnts of paragraph (b)(1); or. in the • alternative, paragraph (0)(2); or, in the alternative, (1) Walkways shall be provided where paragraph (b)(3); or, in the alternative, paragraph employees or equipment are required or (b)(4), as follows: permitted to aoss over excavations. Gurardrails which comply with 1926302(b) shall be (1) Option (1) -Allowable configura.^.'ons provided what walkways are 6 feet (1.8 m) or and slopes. ' more above lower levels (i) Excavations shall be sloped at an (2) Adequate barrierphysical protection shall angle not steeper than one and one-half be provided at all remotely located excavations, horizontal to one vertical `4 degrees All wells, pits, shafts, etc., shall be barricaded measured from the horizontal), unless the orcove e . Upon completion of exploration and employer uses one of the other options ' other similar operations, temporary wells, pits, listed below. shafts, etc, shall be balled. (i) Slopes speeiiied in paragraph [54 FR 45959, Oct. 31, 1989, as amended by 59 FR (b)(1)(i) of this sectioa, shall be ' 40730, Aug 9, 1994] excavated to form conflguntians that are in accordance with the s!oocs shown for • Type C soil in Appendix B to this 1 subpart 1926.652 - Requirements for Pr-otectiv a (2) Option (7) - Determination of slopes Systems. - and configurations usirgAppendicesA crd I. B. Maximum allowable slopes, and allowable configurations for sloping and benching (a) Protection of employees in excavations. _. - systems, shall be dccezmined in accordance with the conditions and requirements set forth in ' (1) Each employee in an excavation shall be appendices A and B to this subpart protected from cave-ins by an adequate protective system designed in accordance with (3) Option (3) - Designs using other ' paragraph (b) Cr (c) of this section except when: tabulated data. (i) Excavations are made entirely in (i) Designs of sloping or benching ' stable rock; or systems shall be selected from and in accordance with tabulated data, such as u Excavations are less than 5 feet tables and chars. (1.52 m) in depth and examination of the ' ground by a competent person provides (ii) The tabulated data shall be in no indication of a potential cave-in. written form and shall include all of the following: ' (2) Protective systems shall have the capacity to resist without failure all loads that are (A) Identification of th e tntcnded or could reasonably be cxpcccd to be parame'._s that affect the selection applied or transmitted to the system. of a siccing or bcnching system drawn from -such data; - (b) Dtsign ofsloping and benchingsysterns. The ' ra OCCUPATIONAL SAFETY AND HEALTH 172G.652(b)(3)ti)(B) , REGULATIONS AND PROCEDURES (B) Identification of the limits of (c) Design ofsupport systetts, shield systems, and use of the data, to include the atherprotective systems. Designs of support systems magnitude and configuration of ,shield systems, and other protective systems shall be slopes determined to be safe: selected and constructed by the em Io cr h' i • (C) Explanatory information as may be necessary to aid the user in • making a_carrect selection of a protective system from the data. (iii) At leas one copy of the tabulated data which identifies the registered •professional engineer who approved the • data, shall be maintained at the jobsite during construction of the protective • system. After that time the data may be • stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request • (4) `Option (4) - Design by a registered • professional engineer. n Sloping and benching systems not utilizing Option (1) or Option (2) or • Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. •Ci) --Designs shall be in written farm and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for . - theparticular project; (B) The configurations that were determined to be safe for the particular project; (C) The idcztity of the registered processional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. Ater that time the design need not be at the jobsite, -`--but a copy -shall -be made available td -he • Secretary upon request. P Y or s. b designee and shall.. be in. accordance -with the ! requirements of paragraph (c)(1); or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph !� (c)(3); or, i the alternative„paragraph (c)(4) as follows: (1) Option (1) -Designs using appendices. A, C and D. Designs for timber shoring in tenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for aluminumhydraulic shoring shall be in accordance . with paragraph (cX2) of this section, but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendixD. (2) Option (2) - Designs Using Manufacturer's TabulatedData. n Design of support systems, shield systems, or other protective systems that �I are drawn from manufacturer's tabulated data shall be in accordance • with all specifications, recommendations, and. limitations issued or made by the • manufacturer. it (i). Deviation from the specifications, • recommendations, and limitations issued ii or made by the manufacturer shall only be allowed after the manufacturer issues t, specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite. but a JI copy shall be made available to the Secretary upon request --(3)-- Option- (3) Zesig�ns using other - - _ - tabulatedddra. Ii P4 I I ' OCCUPATIONALSAFETYANDHEALTTi • 1926.652(c)(3)(I) REGULATIONS AND PROCEDURES • n ' Designs of support systems .shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts ' (u) The tabulated data shall be in written form and include all of the following: (A) Identification of the parameters that affect the selection I. oft protective system drawn from such data; ' (B) Identification of the limits of use of the data; (C) Explanatory information as ' may be naa-wry to aid the use in malting a correct selection of a protective system from the data. I. (th) . At least one copy of the tabulated data, which identifies the registered professional engines who approved the ' data, shall be maintained at the jobsite during construction of the protective • system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request • (4) Option (4) - Design by a registered professional engineer. ' () Support systems, shield systems, and othe protective systems not utilizing Option 1. Option 2 or Option 3, above, shall be approved by a rgistercd ' professional engineer. 00 Designs shall be in written form ' and shall include the following: (A) A plan indicating the sizes, types, and configurations of the ' materials to be used in the protective system; and (B) The identify of the registered professional engineer approving the design nit) At least one copy of the design shall be maintained at the jobsite during construction of the protective syste.:.. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request (d) Materials and equipment (1) • Materials and equipment used for protective systems shall be f e from damage or defects that might impair their procc function. (2) • Manufactured materials and equipment used for protective systens shall be used and maintained in a manner that is consistent wiuz the recommendations of the manufacturer, and in a manna that will prevent employee exposure to hazards ' - (3) When material or equipment that is used forprotective systems is damaged, a competent person shall examine the material or equipment. and evaluate its suitability for cor. i•+ued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service. (e) Installadon and removal ofsspport - (1) GeneraL (i) Members of support systems shalt be securely connected together to prevent sliding, falling, kickouts, or other predictable failure. u Support systems shall be installed and removed in a mavncr that protects employees from -cave-ins.-structural collapses, or from being struck by ' P9 OCCUPATIONALSAFETYAND HEALTH 1926.652(e)(1)Cw) - REGULATIONS AND PROCEDURES members of the support systen. (g) " Shield systems - . • (di) Individual members of support (1) General systems shall not be subjected to loads • exceeding those which those members (i) Shield systems "shall not be were designed to withstand, subjected to loads exceeding those which (iv) Before temporary removal of individual members begins, additional precautions shall be taken to casure the safety of employees,such as installing other structural members to carry the loads imposed on the support system. • (v) " Removal shall begin at, and progress from,. the bottom of the excavation. Members shall be released • slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the cxcavation. (vi) Baekfiuing shall progress together with the removal of support systems from excavations (2) Addidonal requirentents for support systemsfortrench excavations (i) Excavation of material to a level no greater than2 feed (.6l m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the ford calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (t) Stopirrgand benching systems. Employees shall net be permitted to work on the faces of sloped or benched excavations at levels above other employees except when 'employees at the lower levels art adequately protected from the hazard of falling. rolling. or sliding material or equipment the system was designed to withstand. Cu) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. (w) Employees shall be protected from the hazard of cave-ins when entering or cdting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically. (2) Additional requirement for shield systems used in french excavations Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of • a shield shall be permitted, but only if the shield is designed to resist the forces calculated for the full depth of ,the trench, and there arc no • indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. P-10 I I El I I I I El I I I I I I H I OCCUPATIONAL SAFETY AND HEALTH 1926 Sub part P Ap p A ,.. ... - REGULATIONS AND PROCEDURES 1926 SubpartP App A- S oil Classification (a) Scope and application - (1) Scope This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the strucoue and composition of the earth deposits. The appendix contains definitions, sets forth requirements, and describes acceptable visual and manual tests for use in classifying soils. (2) AppLcarion. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of prote..tion from cave-ins in accordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set forth in 1926.652(c), and the use of the data. is predicated on the use of the soil classification system set forth in this appendix. (b) Definitions The definitions and examples given below are based on, in whole or in part, the following, American Society for Testing Materials (ASTM) Standards D653-85 and D2488; The Unified Soils Classification System; The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS -121. Censented soil means a soil in which the particles are held together by a chemical agent, such as calcium carbonate, such that a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay ((Inc grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopcs. and is plastic when moist Cohesive soil is hard to break up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Drysoil means soil that does not exhibit visible signs of moisture content Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that, exhibits open cracks, such as tension cracks, in an e.eoosed surface. Granular soil means gravel, sand, or silt (coarse grained soil) with little or no clay content Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more distinctly different soil or rock , types arranged in layers. Mcaozus scams or weakened planes in rock or shale are considered layered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist ganular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturado,tes not, require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penettmetcrm or sheer vane. Soil ekusification systenr means, for the purpose of this subpart, a method of categorizing soil and rock deposits in a hierarchy of Stable Rock. Type A. Type B. and Type C, in decreasing order our stability. The categories are determincd based on an analysis- of the properties and performance characteristics of the deposits and the characteristics of 7 P -ti OCCUPATIONAL SAFETY APND HEALTH 1926 SubpartP App A RECUTAUIONS AND PROCEDURES' the deposits and the"environmental conditions of (iv) • "Soil that meets the `unconfined exposure, compressive st.cagth or cementation requirements for Type A. but is fumed' or .' Stablerock means natural solid mineral matter • subject to vibration; or that can be excavated with vertical sides and remain intact while exposed. (v) Dry rock that is not stable•, or Submergedsoimeans soil which is underwater or is free seeping. Type A means cohesive soils with an uaconfiacd, compressive strcagth of 1.5 toe per square foot (tst) (144 kPa) or greater. Examples of cohesive soils:arc clay, silty clay, sandy clay, clay loam and, in some cases; silty clay loam and sandy clay loam Cemented sods such as caliche and hardpan are. also considered Type A: However, no soil is Type A if: n The soil is fissured; or (u) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (di) The soil has been previously disturbed; (iv) The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H:IV) or greater, or ' - (v) • The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (I) Cohesive sod with an unconfined compressive strength greater than 0.5 tsf (43 kPa) but less than 1.5 tsf (144 kPa); or (i) Granular cohesionless soils including: angular gravel (similar to crushed cock), silt, silt loam, sandy loam and, in some casts, silty clay loam and sandy clay loam: (its)' Previously disturbed soils except those which would otherwise be classed as Type C soil:. P•12 (vi) Material that is part of a sloped, layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:I V), but only if the material would otherwise be classified as Type B. Type Cmeans: (i) Cohesive soil with an unconfined compressive strength of 0.5 tsf (48 kPa) or less, i. or • (Uj Granularsods including gravel, sand and loamy sand; or . (dl) Submerged soil oc soil from which water is freely moping•. or . (iv) Submerged rack iliat is not stable, or (v) Material in a sloped, layered 'system where the layers dip into the eitcayation or a slope of four horizontal to one vertical (4H:I V) or steeper. • Unconfined compressive strength means the 1. load per unit area at which a soil will fain in compression. It can be determined, by laboratory testing, or estimated in the, field using a' pocket penetrometer, by thumb penetration tests, and other methods. Wet soil means soil that contains significantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would ahibit cohesive properties when moist will lose those cohesive properties when wet. - - (c) Requirements - (I) C&s4/iicadon of soil and u deposits. a II • ;t i ,, I I I. OCCUPATIONAL SAFETY AND HEALTH - 192GSubpartPAppA . . RECULATIONSAND PROCEDURES ' Each soil and rock deposit shall be classified by a competent person as Stable Rock .Type A, Type B. or Type C in accordance with the ' definitions set forth in paragraph (b) of this appendix ' (2) Basis ofclasslfcadon. The classification of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be I. conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of sail classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system. ' (3) flrual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quirttitativd and qualitative information as may be necessary to identify ' properly the properties, factors, and conditions affecting the classification of the deposits. ' (4) Layered systenm In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Redass fcadon. If, after classifying a ' deposit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be reclassified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. - ' (1) Vuualtn r. Visual analysis is conducted to determine qualitative information regarding ' the excavation site in general, the soil adjacent to the excavation, the sail forming the sidcs of the open excavation, and the soil taken as samples from excavated maternal. ' () Observe samples of soil that are excavated and soil in the sides of the ceeavaiion. Estimate the range of particle sizes and the relative ' amounts of the particle sizes. Soil that is primarily _ composed _ of fine-grained . material material is cohesive - material. Soil composed primarily of coarse grained sand or gravel is granular material. (u) Observe soil as. it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened excavation and the surface area adjacent to the excavation. Crack -like openings such as tension cracks could indicate fissured material If chunks of soil wall off a vertical side, the soil could be fissured Small stalls are evidence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the excavation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously disturbed soil (v) Observed the opened side of the excavation to identify layered systems. Examine layerd systems to idemti y if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the excavation and the sides of the opened excavation for evidence of surface water, water seeping from Lie sides of the excavation, or the location of the level of the water table. (vi) Observe the area adjacent to the excavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. - .. . P-13 OCCUPATIONAL SAFETY AND HEALTH 192G Subpart P App A REGULATIONS AND PROCEDURES i (2) Manual Lair. Manual analysis of soil • pressure. This test should be conducted samples is conducted to determine quantitative on an undisturbed soil sample, such as a as well as. qualitative properties of soil and to large clump of " spoil; as soon as provide more information in order to classify practicable after excavation to keep to a soilproperly... - _ _ minimum the effects of exposure to If drying influences If the excavation is li (i) Plasticity. Mold a moist or wet later exposed to wetting influences (rain. sample of soil into a ball and attempt to flooding), the classification of the soil roll it into threads as thin as 118 -inch in must be changed accordingly. diameter. Cohesive material can be successfully rolled into threads without - (iv) , Other strength tests Estimates of mmibling. For example, if at least a two unconfined compressive strength of soils inch (50 mm) length of l/3 -inch thread can also be obtained by use of a pocket can be held on one end without tearing, pcaet vmeterorby using a hand -operated the soil is cohesive. shearvane. (u) Drystrength. If the soil is dryand crumbles on its own or with moderate pressure. into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any• combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissurd. (iii) Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive st-eigth of cohesive soils. (This test is based an the thumb penetration test described in Ameican Society for Testing and Materials (ASTM) Standard designation D2433' - : "S(andard Recommended Practice for Description of Soils (Visual - Manual Procedure).") Type A soils with an unconfined compressive strength of l.5 tsf can be readily indented by the thumb; however, they can be pe ncrraced by the thumb only with very great effort Type C soils with an unconfined compressive strength of 0.5 isf can be easily penetrated sc'cral inchcs by the thumb, and can be molded -by fight finger (v) Drying test The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissured cohesive material, and granular material The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (1524 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated (B) Samples that dry without cracking ate to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material conteuL The soil can be classified as an unfissured cohesive material and the unconfined compressive strength should be determined... (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by steppingon them. L'the clumps do not pulverize easily, the material is cohesive with fissurs. If they pulverize easily into very P-14 I I I. OCCUPATIONAL SAFETY AND HEALTH 1926 SubpartP App B REGULATIONS AND PROCEDURES ' small fragments, the material is granular. ' 1926 Subpart P App B - Sloping an d •Benching. ' (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and beaching protective systems is to be performed in accordance with the requirements set forth in 1926.652(b)(2). (b) Defrni ons ' Actual slope means the slope to which an excavation face is excavated. ' Distress means that the soil is in a condition where a cave-in is imminent or is likely to occur. Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of- •' an excavation; the spatting of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation. Maximum allowable slope means the steepest ' incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). ' Short term exposure means a period of time less than or equal to 2y hours that an excavation is ' open. (c) Requirements - '• (1) Soil ciassifieation. Sod and rock deposits shalt be classified in accordance with appendix P-15 A to subpart P of part 1926. (2) Maximum allocable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B-1 of this appendix (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (U) The actual slope shall be less steep than the maximum allowable slope, whey that are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1t2H:1 V) less steep than the maximum. allowable slope. (iii) When surcharge loads from stored material or equipment, ocerating equipment, or tat$c ate present, a competent ne:soa shall detcr--lac the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in accordance with 1926.651(i). (4) Configurations. Cogurations of sloping and benching systems shall be in accordance with Figure B-1. 1 ?q t. OCCUPATIONAL SAFETY AND HEALTH 1926 SubpaitPAppB. .. .. ._ . _.. _ ... • RECULATIONS AND PROCEDURES' 11 TABLE B-1 .. • • MAXZHUM ALLOWABLE SLOPES a:I SOIL OR ROCK TYPE I MAXIMUH ALLOWABLE SLOPES (H:Y) (1) FOR N .... -_ - - EXCAVATIONS LESS THAN 20 FEET DEEP(3) --- _ .a ___- .. II • 1 •I STABLE ROCK % VERTICAL (90 Deg.) . 1, !I TYPE A (2) -) 3/4:1 '(53 Deg-). iii TYPE B . 1:1 (45 Deg.) TYPE C 1 1/2:1 (34 Deg.) 1p I: NOTE-. . .. ji 1. Numbers shown in parentheses next to maximum - jj ,i allowable 'slopes are ang]:es I. expressed in degrees from the horizontaL Angles have been rounded off. 1 2. A short-term maxizrim allowable slope of 1/2E:1V (63 degrees) is allowed inexcavations in Type A soil that are 12 feed (3.67 m) or less in depth. :j H Short-term max+,,,.m allowable slopes for excavations greater. then 12 feet (3.67Hm) in depth shall be 3/4H:1V (53 degrees). '!1 II �� 3. Sloping or benching for excavations greater than 20 feet deep shall be ,� designed by. a. registered professional engineer. Figure B-1 , • Slope Configurations (All Slopes stated below are in the horizontal to vertical ratio) o B -1.l Excavations made in Type A soil. • 1. All simple slope excavation 20 feet or less in depth shall have a ma'dmum allowable slope of 3/4:1. II Y • I I II P-16 OCCUPATIONAL SAFETY AND HEALTH • - 1926 Subpart P App B • -• REGULATIONS AND PROCEDURES 2x76 Mex. __ 3f4 SLMPLESLOPE -GENERAL -. Exception: Simple slope eccavations which are open 24 hours or less (short term) and which are 12 feet or loss in depth shall have a maximum allowable slope of 12:1. 12 1V1 ax. 1!2 Sn PLE SLOPE - SHORT TERM 2. All benched excavation 20 feet or less in depth shall have a maximum allowable slope of 314 to I and maximum batch dimensions as follows: 2OMax 4'Max. ax. P-17 ,! OCCUPATIONALSAFET.YANDHEALTH - 1926 Subpart PApp B REGULATIONS AND PROCEDURES „ SIMPLE BENCH 3II'Mm -- Mex -- i 3la a' M a . it MULTIPLE BENCH 3. All excavations 8 fed or less in depth which have wzsupported vertically sided lower portions shall have. a maximum vortical side of 3 l2 feet. 8' Max. 3/4 3 1 /2' Max. UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MA)CMUM 8 FEET IN DEPTH All excavations mots than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and maximum vertical side of 3 12 feet ! 1 . 3 tcr4 x. J _ LI P-18 ! OCCUPATIONALSAFETYANDHEALTH • ' C" 1926 Subpart P App B REGULATIONS AND PROCEDURES UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MAXTht1UM 12 FEET IN DEPTH All excavation 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a msdmtm . allowable scope of 3/4:1. The support or shield sustem must extend at least 18 inches above the top of the vertical side. al. side SUPPORTED OR S'rIIELDEDVERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under sec 1926.652@). B-1.2 Excavations Made in Type B Soil 1. All supple slope excavations 20 feet or less in depth shall have a miximum allable slope of 1:1. =O• Mtalc. L SLVLE SLOPE 2. All benched excavations 20 fret or less in dcoth shall have a minimum allable slocc oft:1 and maximum bunch dimensions as follows: P-19 !!I 1. • 4 _ OCCUPATIONALSAFETYAND HEALTH 1926 SubpartP App B REGULATIONS AND PROCEDURES V.. Ii This bsneh ellow"din coheciva col only. U: • • 1 t . I 1 Mar ♦ i •;'' •• SINGLE BENCH ai1 This beach dlowedin cohacive coil only • �1I I: 1 - 4Mar I MULTIPLE BENCH 3. All acavations 20 feet or less in death which have vertically sided lower portions shall be shielded or q supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a !I maximum allowable slope of 1:1. SuppoG or slm icld s fztexa 2p' Mar 1$. Mitt Total height otvcrical :dc I OCCUPATIONAL SAFETYANDHEALTH 1926 SubpartPAppB REGULATIONS AND PROCEDURES VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options pcunitted in 1926.652(b). B-13 Excavations Made in Type C Sod 1. All simple slope excavations 20 fcct or less in depth shall have a maximum allowable slooc of 1 112: 1. I r Mt ' � 1 !!rz SD4PLE ' SLOPE 2. All excavation 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the too of the vertical side. All such cccavations shall have a maximum allowable slope of 1 12:1. : - Supped or shield sy stem !8C Tote! height ofvezical side VERTIC AL SIDED LOWER PORTION ' 3. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). B-1.4 Excavation Made in Layered Soils I. All excavations 20 fcct or less in depth made in Layered soils shall have a rn ximurn. allowable slope for each layer as set forth below. P-21 S ii OCCUPATIONALSAFETYANDHEALTH 1926 Subp:rtPApp B RECUwIONS AND PROCEDUR f 1 112 A OVER C BOVERC 2. - All other slopcd cccvations shall be in accordant with the other notions pernittcd ir. 1926.652Co). is P23 I I OCCUPATIONAL SAFETY AND HEALTH 192GSubpartPApp C RECULATIONS AND PROCEDURES • tabular data is presented in paragraph (e) of this 1926 Subpart P*Apj •C •Titbe r appendix. Shoring for Trenches. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix (a) . Scope.This appendix contains information that • can be used when timber shoring is provided as a (5) Miscellaneous notations regarding Tables method of protection from cave-ins in trenches that do C-1.1 through C-1.3 and Tables C -2.l through not exceed 20 feet (6.1 m) in depth This appendix C-2.3 are presented in paragraph (g) of this must be used when design of timber shoring protective Appendi.'c. systems is to be performed in accordance with 1926.652(c)(1). Other timber shoring configurations; (d) Basis and limitations of rite data - ' other systems of support such as hydraulic and pneumatic systems, and other protective systems such (1) Dimensions of tintber members. as sloping, benching, shielding, and freeing systems ' must be designed in accordance with the requirements () The sizes of the timber members set forth in 1926.652(b) and 1926.652(c). listed in Tables C-1.1 through C -I.3 are taken from the National Bureau of (b) Soil Cassifrcation. In older to use the data Standards (NIBS) rccort,'Recommcdcd '• presented in this appendix, the soil type or types in Technical Provisions for Construction which the excavation is made must first be determined Practice in Shoring and Sloping of using the soil classification method set forth in Trenches and Excavations.' In addition, • ' appendix A of subpart P of this part. where NBS did not recommend specific sizes of member, member sizes are (c) Presentadon of Information. Information is based on an analysis of the sizes r_quird presented in several forms as follows for use by existing codes': and on I. empirical practice. (1) Information is presented in tabular form • in Tables C-1.1, C -l.2 and C-1.3, and Tables (ii) The required dimensions of the• C-2.1, C-22 and C-2.3 following paragraph (g) members listed in Tables C-1.1 through of the appendix. Each table presents the C -l.3 refer to actual dimensions and not minimum sizes of timber members to use in a nominal dimensions of the timber. shoring system, and each table contains data Employers wanting to use nominal size only for the particular soil type in which the shoring arc directed to Tables C-2.1 • excavation or portion of the excavation is made. through C-2.3, or have this choice under The data are arranged to allow the user the 1926.652(c)(3), and are referred to The • flexibility to select from among several Corps of engineers. The Bureau or acceptable configurations of m ., bers based on Reclamation or data from other varying the horizontal spacing of the acceptable sources. c ossbraces. Stable rock is exempt from shoring requirements and therefore, no data are (2) Limitation ofapplication. presented for this condition. (i) It is not intended that the timber ' (2) Information concerning the basis of the shoring socciucation apply to every tabular data and the limitations of the data is situation that may be CX-perienced in the presented in paragraph (d) of this appendix, and field These data wr devcioc'd to aeoly on the tab(cs themselves, to the situations that arc most commonly experienced in current trenching practice. (3) Information explaining the use of the Shoring systems for use in situations that 1 P24 IM are not covered by the data in this appendix must be designed as specified in 1926.652(c). u When any . of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed inaccordance with 1926.652. (A) When loads imposed by sutures or by stored material adjacent to the trench weigh in excess of the load imposed by a two -foot soil surcharge. The term adjacent* as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench. (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load distributed on a one -foot section of the center of the aossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20,000 pounds .. (D) .- When only the lower portion of a trench is shored arid the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are sdectd from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (c) Use of Tables. The members of the shoring system that are to be selected using this information arc the cross braces, the uprights, and the wales, where wales are required. Minimum sizes of member are specifd for use in different types of soil. There arc six tables of information, two for each soil type. The soil type must first be determined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width -of the trench- where the members are to be installed and, in most instances, the selection is at 1926 Su based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is available, the horizontal spacing of the crossbraces must be chosen by the user before the size of any member car be determined. When the soil type, the width and depth of the trench, and the horizontal soac ng of the crossbraces are known, the size and vertical spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and hormntal spacing of the uprights can be read from the appropriate table. . (I) Examples to lllustraee the Use of Tables C -1-I through C-1.3. (1) Example1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrangements of timber can be used. • Arrangement #I Space 4X4 crossbraces at six feet horizontally and four feet vertically. Wales arc not required _ Space 3X8 uprights at six feet horizontally. This arrangement is commonly called 'skip shoring.,. Arrangement #2 Space 4X6 aossbraees at eight fret horizontally and four feet vertically. Space 8X8 wales at four feet vertically. Space 2X6 uprights at four feet horizontally. Arrangement #3 Space 6X6 crossbraces at 10 feet horizontally and four feet vertically. Space 3X10 wales at four feet vertically. Space 2X6 uprights at five feet horizontally. P-25 I 1 I I 1 I I 1• 1 rII I I I 1 I I I I H OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart PApp C RECUTATIOt{S AND PROCEDURES Arrangement #4 Arrangement #1 Space 6X6 czossbraces at 12 feet horizontally Space 8X8 crossbraaes at six feet horizontally and four feet vertically. and five fed vertically. Space IOXIO wales at four feet vertically. Space 3X8 uprights at six feet horizontally. (2) Example 2. A trench dug in Type B soil is 13 feet deep and five feet wide. From Table C -l2 three acceptable arrangements of members are listed. Arrangement #1 Space 6X6 crossbraces at six fed horizontally and five fed vertically. Space 8X8 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. Arrangement #2 Space 6X8 aossbraea at eight feet horizontally and five fed vertically. Space IOXIO wales at five feet vertically. Space 2X6 uprights at two feet horizontally. Arrangement #3 Space 8X8 crossbraces at 10 feet horizontally and five feet vertically. Space 10X12 wales at five feet vertically. Space 2X6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C sod is 13 feet deco and five feet wide. From Table C -l.3 two acceptable arrangements of members can be used. P-26 Space 10X12 wales at five feet vertically. Position 2X6 uprights as closely together as possible. Xwater must be retained use special tongue and groove uprights to farm tight sheeting. Arrangement #2 Space .8X10 erossbraces at eight feet horizontally and five feet vertically. Space 12X12 wales at five feet vertically. Position 2X6 uprights in a close sheeting configuration unless water presses -e must be resisted. Tight sheeting must be used where water ntust be retained (4) Example 4. A trench dug in Type C soli is 20 feet deco and 11 feet wide- The size and spacing of member for the section of teach that is over 15 feet in depth is de2maiaed usingTable C-1.3.Only one arrangement of members is provided. Space 8X10 crossbaces at six feet horizontally and five feet vertically. Space 12X12 wales at five feet vertically. Use 3X6 cghcsheetlng. Use of Tables C-2.1 through C-2.3 would follow the same procedur:s. (g) Notes for all Tables. 1. Member sizes at spacings ocher than indicated are to be determined as specified in 1926.652(c), "Design of Protective Sy stems." 2. When condidons are satu-nced or submerged use Tighe Sheeting. T tghc Sheeting rcfe,s to the use of specially -edged timber planks (e.g., tongue and - OCCUPATIONALSAFETYANDHEALTH ` 1926SubpartPApp C. RECULITIONS AND PROCEDURES groove) at least three inches thick, steel sheet piling, are embedded the vertical distance from the center of or similar construction that when driven or placed in the lowest aossbracc to the bottom of the trench shall position provide a tight wall to resist the lateral not exceed 36 inches. When mudsills are used, the pressure of water and to prevent the. loss of backfill vertical distance shall not exceed 42 inches. Mudsills materiaL Close Sheeting refers.io the placement of are wales that are installedat the tow of the trench planks side -by -side allowing as little space as possible • side. between them. 6. Trench jacks may be used in lieu of or in 3. All spacing indicated is measured center to combination with timber crossbraces. center. 7. Placement of erossbraces. When the vertical 4. Wales. to be installed with greater dimension spacing of crossbraces is four feet,- place the top horizontal: - - aossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is S. If the vertical distance from the center of the five feet. place the top crossbtace no more than 2.5 lowest aossbrace to the bottom of the trench exceeds feet below the top of the trench. - two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Whereuprights :t t P-27 Li OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart PApp C • -• REGULATIONS ANDPROCDURES TABLEC-1.1 • TIMBER TRENCH SHORING . -MINIMUM TUVMERREQUIREMElNTS SOITYPEA P1=25xH+72psfQftSurch&rge) r.S1r AC AL l�ND SP AC Gn F I� DEPTH CROSS BRACr5 UPPIG"r S OF HORU. V10 THOFTR%ICH e: V2L 431'. MMwauauaazaczxcwcnrxtnaur(C SPACING P T UO UP TO UP IO ➢PTO OP N •PACL`i SIZE PACIli 1vz-=H t 4 6 9 12 15 t' (IN) i -' aasc 4 5 16 8 112 10 •... .. _ .. Hct ( 5 6 414 414 476 616 676 4 2x6 UPIO • Hot_ .. 8 414 474 416 616 616 4 Road —'— 2x8 10 UP TO 10 416 416 416 676 616 BYO ; 2x6 10 UP TO U 416 416 616 6Ys 676 4 818 t 2x6 UP TO Not 10 6 414 414 416 • 6 6 t Feed --- 3x3 UPIO e ; 416 616 6Y6 616 ; 818 ; 1x6 iO UPTO — 10 616 615 616 618 678 4 8110 t IS ( ' CIO 618 678 t.. 10110 t• 3x8 UPIO 6 R 6 6 s 6 6 x 6 8 t 618 4 3x6 UPa IO 616 616 616 619 618 4 ORO t 3x6 TO U100 818 818 878 818 8110 4 8110 4 3x6 20 UP TO 12 878 -S-ZS- !10 1 404440-- 043 20 S3HOLLI ' 1Gdcix ceyu�a!^3;+3.4tDed�; msyhnctksstt+.-ta)upst ���Y�•isasad�hesdeyuaru^tssxttrhn;�t+enh r^�d�cacd P-23 OCCUPATIONALSAFETYANDHEALTH 1926 SubpartPAPP c; REGULATIONS .4ND PROCEDURES TABLE C-12 TIMBER TRENCH SHORING --MINIMUM TIMBER REOUIRMENiS - SO IL TYPE B - P — 45 X H +- 72 psf (2 R Surcharge) DEPTH . SIZE A w - OF TRENCH GFET) CROSS RAC WALES RIGHTS MAX ALLOWABLE NOR.. SPACING CFEET) HORI2 SPACING creeET) WIDTH OF TRENCH (FEET) VERT. PACING (FEET) SI7F VERT. SPACING (FEET) UP TO 4 UP T 69 UP TO UP T 12 UP TO 15 SE 2 TO 6 4x6. 4x6 6x6 6x6 6x6 5 6x8 5 TO UP TO 8 '6x6 6x6 6x6 6x8 6x8 5 8x10 5 UPTO 10 6x6 6x6 6x6 6x8 6x8 5 10x10 5 10 Set 10 UP TO 6 6x6 6x6 6x6 6x8 6x8 5 8x8 5 TO UP TO 8 6x8 6x8 6x8 8x8 8x8 5 10x105 UP TO10 8x8 8x8 8x8 8x8 8x1[1 5 IQxJ2 5 15 et 15 UFTO6 6x8 6x8 6x8 8x8 8x8 5 Sx10 5 3x6 .UPTO8 TO 8x8 8x8 8x8 8x8 Sx10 5 10x12 5 3x67.. UP TO 10 8x10 .8x10 8x10 8x10 .8x10 5.... 5 3x6 20... See OVE20 ,_ OTE1 SEEN . - M oak or equivalent with a bending strength not less than -85G pst __ '* Manufacturcd manbas of equivalent strength may by substituted far wood. . . P-29 I 1 I I 1 I I 1 1 I I 1 II OCCUPATIONAL SAFETY AND HEALTH 1926Subpart PApp C •,.. .. RECULATIONS AND PROCEDURES TABLE C • ti TIMBER TRENCH SHORING — MINIMUM T595. REOUtR Et 1 S SOILTYPEC.PB. =80XHf.12psf(2Surcharge) . a DEPTH SIZE(ACTUAL) AND SPACING OF MEh03ERS*' OF TRENCH (FEET) CROSS BRACE WALES IPPJGHTS MAX ALLOW. HOR SPAC. FEE (See Note 2) MOREL SPACNGUP a EET) WIDTH OF TRENCH (FEET) VERT. CIH (FEET) SWF (a VERT. ACING (FEED TOUP 4 TOUP 6 TOUP 9 TCUP 12 T 15 S I I I S UPTO6 6x8 6x8 6x8 8x8 8x8 5 8x10 S 2x6 (JPTO 8 .8x8 8x8. 8x8 8x8 8x10 5 LOxL2 5 2x6 TO UP TO 1TO SC 8x10 8xt0 8x10 8x10 10x10 5 IT7 5 2X6 10 atel .. 10UPTOE 8x8 8x8 8x8 8x8 8x10 '5 tOxU 5 12x6 TO 8 8x10 8x10 8x10 8x10 l0x10 5 DL 5 12x6 15 See 1 f I I I 1 1S TO 6 8x10 8x10 8x10 8x10 10x10 5 id2I S 3x6 TO rc. 20 OVA R SEE NOTE 1 * Mtxed a3k or equiv^�lent w h a bending strength not less tH 850 psi ** Manufactured members of equivt strength may by sub s uE i for wood. P-30 I OCCUPATIONAL SAFETYAND HEALTH 1926 Subpart P App C... REGULATIONS AND PROCEDURES TABLE C - 2.1 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS* • SOILTYPEAP(a) =25XH 72psf(2f.Sunhaige) I SILL-(S4S) AND SPACING OF MEERS +* DEPTH OF CROSS BRACES WALES -UPRIGHTS T?DTCE EOEIL WIDTHOF7tExcE•e-u VE41, VERT. MA,[N[IWALLOWABLLXO/JICnTAL:/ACNC .• SPACING SPACING SIB PACING cnc urnury urta uricurtu KEP 4 - 6 9 I7 IS e:1.1 •• ((O$G { j- 6 8 UP TO 4X4 4X4 r 4X4 434 1476 4 Rot RHot 476 - 5 TJPIO 4X4 4X4 4X4 4X6 4R6 4 Etot Fqd {43 To uiJ q0 4X5 476 4X6 6X6 6d6 4 8P� 4 : 4X5 - 10 AP TO {y6 425 +76 674676 4 8^3 4 476 I2 UPIO 6 ( 434 4X4. 434 6X6 636 4 & d d 4X26 10 up TO 476 476 4X6 6X6 6 X6 4 6R4 4 +?6 TO s �TO -6SC5. 676 Us 676 6X6 4 a:a 4 ' - 03 10 15 6! 675 6X6 636 16 LS I 4 6:110 4 45 4X10 OP TO 6• 675 675 6X6 676 646 4 6X3 4 374 15 OP TO 6% 676 6F'b 6 6 6G 4 an3 4 36 4X12 a TO 5:15 6"Z6 6A 6:.'5 643 4 a:uo 31 GP ID 12 16X6 6X6 - 676 - 63 6•.�3 4 8:112 - 4 3X6 4X17 OVER 20 SEE NOTE l Dais firarequiva!at with abiersiany strnath not Ls tha 1500 psi "M1Aa!cturdn'4rnbe[so[ejuiv-Jentstrnrhmaybesubstitutedforwcod. P-31 1 I I. I I ill OCCUPATIONALSAFETYAND HEALTH 1926 Subpart P App C REGULATIONS AND PROCEDURES TABLE C-2.2 TIMBER TRE4CH SHORING •• MINIMUM TIMBER REQU!RENENTS SOIL TYPE B P(a) = 4S X H+ 12 psf (2 ft. Surcharge) DEPTH SIZE (S4S) AHD SPACING OF MEMBERS OF CROSS BRACES 'FRT WALES UPRIGHTS NORM WMIH Of T3�ICH (j SUE VET. MASIMUMAIIC'XAZIe HQAIL%TALS?ACVIC• TRENCH SPACING SPAC ( � (IHJ SEACIHG {� tread UP IO UPTO UPTO UPTO UPTO (izET) Wt']ING 4 6 9 12 IS CLOSE 2 3 { 6 UPIO 4R6 436 435 636 636 S 6X8 S 3TJ 4X2 S UPIO;- 4R6' 436 676 6716Y6 S 8X8 S 3 3vTO- 4'L9 1 UPTO 4-\5 435 676 635 61® S 8310 S i49 10 See Note 1 UPTO 636 635 635 6X3 639 S 872 S 336 4110 I 1 6 10 Up 6'.03 6:-8 ca 849 83 1S 10X10 S. • 376. 4X10 1 1 TO U110 0 6-a 1 6X8 8X8 848 1818 •? 10312 :s. 33a 15 Haul -1 UP IO 6x8 648 613 61 848 ( 5 8X10 5.. IS UPIO 648 6.1916:498: 833 S 10X12 S {76 TO LIa10 8'18 8481848 843 848 S 12X12 S 473 20 St! x�� I Or R S--cENOTE 1 -- 20 * Dcu4as fir or iivlantWith abier4irestrzn;-thratIan than 1S00pa Maz ifuturtd rr rr& , of e{in ant stregth ruybe sibstikted for vroad. P-32 OCCTJPATIONALSAFETYANDHEALTH 192GSubparcPApp C ^ - REOULAT[ONS AND PROCEDURES • TABLE C - 2.3 TIMBER TRENCH SHORING -- MINIMUM TIIMBER.REQUIMEMENTS* SOIL TYPE C P(a) = 8. X H + 72 psf (2 ft. Surcharge) DEPTH SIZE (S4S) AND SPACIHGOFMEMBERS** OF CROSS BRACES WALES UPRIGHTS TRENCH -HORIZ. WIDTHOFTRENCH(ILET) V'M. SIB y� MAZWUMALLDWABt!KDRILCNTALIMACViG UP11 UPTo IIPTo upro UPTo SPACING SPACING . SPACING L_ (F -u—'1•) FEET) 4 6 9 12 IS , �1 ,1 CLOSE ' UPW 636 6Y6 636 6M .S 8RS • 5 336 UP g374 6Y6 6Yb 6Yb 833 833 S 10310 5 • TO �0 6Y6 6Y6 838 S1 8R3 S 10312 S 336 10 See Nott l II 6 6 638 0 0 SEES 8R9 . . I IMO .5475 I0 UP To e on 8n 8719 838 8R3 3 IOA10 5 I 436 TO' See. IS Note 1 Hotel II fim 838 828@' 87108710 3 10312 S 4Y6 1S Ste. TO . e t See 20 See Hcul OttIR SEENOTE ! -- 20 Doug sfirorequi ntwifh&bendingstrengthnot1tcstry1500psi ** hlsnufacfu1ed mnabets of equiknt strength maybe substituted for wood. P•33 I I OCCUPATIONALSAFETYAND HEALTH 1926 SubpartP App D ..... .. REGULATIONS AND PROCEDURES presented in paragraph (g) of this appendix. 1926 Subpart P App �D Aluminum (6) Figures, illustrating typical installations of •1• 1 Hydraulic Shoring for Trenches hydraulic shoring, arc included just prior to the Tables. The illustrations page is entitled --. .- 'Aluminum Hydraulic. Shoring: Typical (a) Scope. This appendix contains information that Installations' can be used when aluminum hydraulic shoring is provided as a method of protectiod against cave-ins in (d) Basis and iinritarions of the data. trenches that do not exceed 20 feet (6.1m) in depth '• This appendix must be used when design of the (1) Vortical shore rails and horizontal wales aluminum hydraulic protective system cannot be are those that meet the Section Modulus performed in accordance with 1926.652(cX2). requirements in the D-1 Tables. Aluminum ' material is 6061-T6 or material of equivalent (b) Soil Classijrcadon. ' In order to use data strength and properties. presented in this appendix, the soil type or types in which the excavation is made must first be determined (2) Hydraulic cylinders specifications. using the soil- classification method set forth in • appendix A of subpart P of part 1926. (I) 2 -inch cylinders shall be a - miaimt¢a 2 -inch inside diameter with a (c) Presentation of Information. Information is minimum safe vort ng capacity of no presented in several form as follows: less than 18,000 pounds axial compressive load at maximum extensio¢. (1) Information is presented in tabular form Maximum er,ensioa is to include full ,�• in TablesD-1.1,D-1.2,D-1.3andD-1.4. Each range of cylinder extensions as table presents the maximum vertical and recommended by product manufacturer. horizontal spacings that may be used with ' various aluminum member sizes and various (ii) 3 -inch cylinders shall. be a hydraulic cylinder sizes. Each table contains minimum 3 -inch inside diameterwith a data only for the particular soil type in which the safe working capacity of not less than excavation or portion of the excavation is made. 30,000 pounds axial compressive load at I Tables D-1.1 and 0-1.2 arc for vertical shores extensions as recommended by product in Types A and B soil. Tables D-1.3 and D -l.4 manufacturer. are for horizontal wafer systems in Types B and C soil. (3) Limitation of application (2) Information concerning the basis of the Ca) It is not intended that the aluminum tabular data and the limitations of the data is hydraulic soccification apply to every presented in paragraph (d) of this appendix. situation that may be experienced in the field. These data were developed to apply (3) Information explaining the use of the to the situations that are most commonly • ' tabulardata is presented in paragraph (e) of this experienced in current trenching practice. appendix. Shoring systems for use in situations that are not covered by the data in this (4) Information illustrating the use of the appendix must be otherwise designed as tabular data is presented in paragraph (f) of this specified in 1926.652(c). • appendix. (ii) When any of the following I(S)Miscellaneous notations . (Footnotes) conditions arc present, the members regarding Table D-1.1 through D-1.4 are specified in the Tables are net considered•- - P-34 1 1 OCCUPATIONAL SAFETY AND HEALTH 192G Subpart P App D .i • - - REGULATIONS AND PROCEDURES adequate-' In this case, an alternative (1) Example 1: aluminum hydraulic shoring system or other type of protective system must be A haute dug in Type A sod is 6 feet deep and 3 desigad iii accordance with 1926.652. feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet as center (o.c.) (A) When vertical loads imposed an cross horizontally and 4 feet as center (o.c.) vertically. (Sc: braces exceed a 100 Pound gravity load Figures I & 3 for typical installations.) distributed on a one foot section of the c.—iter of the hydraulic cylinder- (2) Example 2: (B) When surcharge loads are present from equipment weighing in excess of 20,CCA pounds (C) When only the lower portion of a trtach is shard and the ranauvng portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and act from the toe of the sloped portion. (e) Use ofTabtes D-1.1, D-12, D-1.3 and D-1.4. The members of the shoring system that arc to be selected using this information art the hydraulic cylinders, and tither the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical shores art used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting, art found in the horizontal wale Tables D-1.3 and D-1.4. The soil type must fast be dctcranined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is made. The selection is based on the depth and width of. the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center. The tablesshow the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical sham spacing. (t) Ezanrple to Illustrate the Use of the Tables: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter Ii cylinders spaced 6.5 feet o.c. horizontally and 4 feet I o.c. vertically. (See Figures 1 & 3 for typical installations.) (3) A trench is dug in Type B sod that does not require sheeting, but does experience some minor raveling of the trench face, the teach is .16 feet deep and 9 feet wide. From Table D-12: Find vatical shorts and 2 inch diameter cylinder (with special oversleeves as designated by Footacte i92) spaced 5.5 feet o.c.horizontally and4feeto.e.vertically.Plywood(perFootnote (g)(7) to the D-1 Table) should be used behind • the shores. (See Figures 2'&J for typical installations.) , . (4) Example 4: A torch is dug inpreviously . disturbed Type B soil, with characteristics of a ' Type C soil, and will require sheeting.. The , trench is 1S feet deep, and 12 feet wide 8 foot horizontal spacing between. cylinders is desired for working space. From Table D-1.3: Find U horizontal wale with a section modulus of 14.0 spaced at 4,feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally, 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) ' (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal .cylndcrspacinginexcesscof6feetisdesittdfor t working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with ri a 14.0 section modulus and 3 inch diameter I P-35 I I OCCUPATIONAL SAFETY AND HEALTH i92G Subpart P App D - RCCULATIONS AND PROCEDURES ' cylinder spaced at 10 feet o.c. horizontally. Both wales are spiced 4 feet o.c. vertically, 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) ' (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and D-1.4. ' (1) For applications other than those listed in the tables, refer to 1926.652(c)(2) for use of manufacturers tabulated dart For trench depths in excess of 20 feet, refer to 1926.652(c)(2) and ' 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5 x 3.5 x 0.1875) oversleeves, or structural oversleeves of manufacturer's specification; extending the fW1, collapsed length. ' (3) Hydraulic cylinders capacities. I (it) 2 -inch cylinders shall be a minimum 2 -inch insidediamctrwith a safe working capacity of not less than 18,000 pounds axial compressive load at maximum extetsian. Maximum extrusion is to include 1• full range of cylinder extensions as recommended by product manufacturer. (ii) 3.inch'cylindcrs shall be a minimum 3 -inch inside diameter with a safe worst I capacity of not less than 30,000 pounds axial compressive load at maximum extension. Maximum extrusion is to include full range of cylinder extensions as recommended by product manufacturer. I I U (d) ' All ipaein9 indicated is measured center to center. (5) Vertical shoring rails shall have minimum section modulus of 0.40 inch. (6) When vertical s` ores are used, ihre must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 inch thick softwood or0.75 inch thick, 14 ply, arctic whitc birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) between shores. ; (8) See appendix C for timber specifications. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. ' P-36 I. OCCUPATIONAL SAFETYAND HEALTH • 1926 SubpartP App D I, RECULaTIONS AND PROCEDURES ALUMINUM HYDRAULIC SHORING • TYPICAL INSTALLATIONS li U tmtR0.3 - IKiSMi - - :. MRx2S 2WC Mi0MIf.Y aC11S.C GQf F!L='C1 ItLIIJI.^MOCCI 421KACAACITC A..a,•LiC �' � � f KSGO� � . MQISN.RAa liW: n,AULY CSII'CLi wtLTx VLQIGV. ' . �wuc tIG.: •yNC .. .. ' • ?a.I ,canal U81CF7 mnas N1`,9a>Vlit➢?.VdlCSftIRPG• / - F�'ftC17M PAC 1 - • ICNGItlTN.OKQIG .. • xTL at_vz ii• _ q II vEtIIaW /1 I ,' 4AC_W � • ' • • UPr •• • 1 4(CRaliC - I t'NA.C � • r 4/ N� i 7 VAX it P-37 OCCUPATIONAL SAFETYAPID HEALTH . 1926 Subpart P App D RECULATIOt(S A.YD PROCEDURES TABLED -1.1 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A HYDRAULIC CYLINDERS DEPTH MAXIMUM MAXIMUM WIDTH OF TRENCH (t ttET) OF HORIZONTAL VERTICAL TRENCH SPACING SPACING UP TO 8 OVER 8 UP OVER 12 UP (Pg� TO12 1O15 l) cFET) OVER 5 8 UP TO 10 OVER 10 8 4 2INCH 2INCH 3INCH UP TO DIAMETER DIAMETER DIAW ER 15 NOTE (2) OVER 15 7 UP TO 20 OVER 20 NOTE (1) Footnotes to tables, and gm aln ees on hjd?auhc shoring. are found in Appe Id!x D. Itua (g) Nate (1): See App endix D, Item(g) Nate (2): See Appendix D, Item (g)(2) P-38 L SAFETY AND HEALTH 1926 REGULATIONS I TABLED -1.2 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOILTYPEB - HYDRAULIC CYLINDERS DEPTH MAXIMUM MAXIMUM WIDTH OF TRENCH.(FEET) OF. HORIZONTAL VERTICAL - TRENCH SPACING SPACING UP. TO 8 OVER 8 UP ..OVER 12 UP. - .: TO 12 10 15 .: (T) (FEET (FED) OVER 5 UP TO 8 £0 • OVER 10 65 c 2 INCH 2 INCH 3 INCH `. UP TO.• DIAMETER DIA!vETER DIAMETER' 15 •NOTE(2) OVER • • 15 S.S UP TO 20 • OVER 20. NOTE(t) Footnotes to gales, fig lnaf sen hfdRc shade eia Appendix D., Its? .Vote (1): See Appendx D, Item (g)(1) Nate (2): See AppenLa D, It(g(2) ii P-39 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App D RECULATIONS AND PROCEDURES"' TABLE D1.3 ALUMINUM HYDRAULIC SHORING WALER SYSTE IS FOR SOILTYPEB WALES HYDRAULIC CYLINDERS TIMBER UPRIGiTS DEPTH OF WIDTH OF TRENCH (FEET) Maz. Nc R vaaric (Ctt enTZ Rj . TRENCH (FEED rlkncA creed ncncn ,ucautus IttI�1l UPTUS . OVMOUPTOI2 0VEt12LPT0IS S0LIDAAC(/G Sr_. . 3 iT... H0PIL SPAC0i ertwoeu a"MA H0RIZ SPACING CrtrloeR ouvere H0PW SPACUWGr 1 ruttoer ^^ Frt OVER 3.5 I 8.0 2IN 8.0 xo s2 8.0 I3FN 13X12 5 UP TO 4 - - 7.0 9.0 21N 9.0 xo_ 2s 9.0 3 IN• 14.0 12.0 3IN 12.0 3114 12.0 3IN 10 OVER 3.5 6.0 2111 6.0 xo2s 6.0 31N 10 .10 UP TO 4 - 3X12 - 7.0 8.0 I3IN 8.0 31N 8.0 I31N 15 14.0 ' 10.0 13114 10.0 3114 10.0 3IN OVER 15 UP TO 4 3.5 5.5 2IN 5.5 KaT�fns . 5.5 3IN 3X12 - 7.0 6.0 13IN 6.0 3IN 6.0 13 IN 20 14.0 9.0 3IN 9.0 3IN 9.0 1 3 IN OVER 20 NOTE (1) Footnotes to tables, andnotes a=hya she= of oua&in A. pendix D, It n(9) Notes (1): See Appendix D, Itern (g(1) Notes (2): See Appendix D, Item (b)(2) Consult product rn rtut`cturer and/or qualified enSe 3 for Section Modulus of available wales. P40 D 11 Ii OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App DJ REGULATIONSAND PROCEDURES TABLED -1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C s F-11 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App E REGULATIONS AND PROCEDURES 1926 SubpartP App E - Alternatives to Timber Shoring VC2TtCAL RAIL HYDRAULIC CEP. VERTICAL STAGING 4. !'MAX Fgcre 1. AID -scum Eyt-adic Saomg ,r , OOOO Figure 2. PneumaCcPnydralie Shoring 1'.42 OCCUPATIONAL SAFETYAND HEALTH 19265ubn;rtpAnn E' • REGULATIONS AND PROCEDURES, 1 li • 11 Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 4 P-43 N OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App F __ _ _ • RECULATIONS AND PROCEEDURFS . The following figures are a graphic surn nary of 1926 Subpart P App F - the requirements contained in subpart P , for eavations 20 feet or less in depth. Protective systems Selection of Protective Systems for uscin excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with sec. 1926.652(b) and (c). Is the excavation. more than5 feet in depth? I I I 1 Is there potential for cave-in? Excavation may be node with vertical sides. Exc avetion must b e sloped, shored, or shielded.. Is the excavation entirely in stable rock? YES 110 of shielding Go to Fig e 2 I Go to Fib -e 3 FIGURE l - FHELIMIbIAP.Y DECISIONS P -as e Arkansas State Licensing Law For Contractors Act 150 of 1965 As Amended by Act: 142 of 1967 293 of 1969 546 of 1971 684 of 1977 1020 of 1979 9275 of 1981 180 of 1985 495 of 1987 26 of 1989 795 of 1989 856 of 1993 553 01 1995 335 of 1997 378 of 1997 Revised May, 1997 As Amended.by Act: 142 of 1967 293 of 1969 546 of 1971 0 684 of 1977 A 1020 of 1979 9275 of 1981 • 180 of 1985 495 of 1987 26 of 1989 795 of 1989 856 of 1993 553 of 1995 335 of 1997 378 of 1997 An Act to Recodify the Provisions of Act 124, Approved February 24. 1939, and Act 217, Approved March 20. 1945. and Act 153, Approved February 23, 1951 and regulating' the Practice of Contracting in the State of Arkansas: to Fix Maximum Salaries and Establish Qualifications for Employees of the Board and to Limit the Number of Employees to be employed by the Board . BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: I CHAPTER 25 1 CONTRACTORS v Subchapter 1 - General Provisions §17-25-101 Definition (a) As used in this chapter. unless the context otherwise requires, "contractor" means any person. firm, partnership. copartnership, association, corporation. or other organization. or any combination thereof, who, for a fixed price. commission. fee. or wage. attempts to or submits a bid to construct, or contracts or undertakes to construct. or assumes charge, in a IG II II I ' supervisory capacity or otherwise, or manages the construction. erection, alteration, or repair, or has or have constructed, erected, altered, or repaired under his, their, or its direction. any building, apartment, condominium, highway, sewer, utility, grading. or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the • work to be done, or done, in the State of Arkansas by the contractor including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more. However, when a • person or entity acts as a contractor in the construction, • erection, alteration, or repair of his own or its own property, ' such action shall not result in the person or entity being required to obtain a license, but the person or entity must comply with all other provisions of this subchapter. 1(b) However, the twenty thousand dollar (520,000) exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, ' except any in -progress change orders, is divided into separate contracts of amounts less than twenty thousand dollars ($20,000), a purpose being to circumvent the provisions of this chapter. ' (c) It is the intention of this definition to include all improvements or structures, excepting only single family residences. (d) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractors project, if the prime contractor has the proper classification ' listed on a current contractor's license for the work being performed by the subcontractor. '§17-25-102 Exemptions • The following shall be exempted from the provisions of this chapter: ' (1) The practice of contracting as defined in §17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city 1 or county, or other political subdivision of this state; (2) Architects and engineers; whose only financial interest in a project shall be the architectural or enginecring fees for preparing plans, specifications, surveys, and supervision that is customarily furnished by architects and engineers. §17-25-103 Penalties - Enforcement • (a) Any contractor shall be deemed guilty of a -2- 1 misdemeanor and shall be liable to a (Inc of not less than one hundred dollars ($I00) nor more than two hundred dollars ($200) for each offense, with each day, to constitute a separate offense, who: (I) For a fixed price, commission, fee, or wage, attempts to or submits a bid or bids to construct or contracts to construct, or undertakes to construct, or assumes charge in a supervisory capacity or otherwise, of the construction, erection, alteration, or repair, of any building, highway, sewer. grading, or any other improvement or structure, when the cost of the work to be done by the contractor including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more, without first having procured a license to engage in the business of contracting in this state; (2) Shall present or file the license certificate of another; (3) Shall give false or forged evidence of any kind to the board, or any member thereof, in obtaining a certificate of license; (4) Shall impersonate another; or (5) Shall use an expired or revoked certificate of license. (b) The doing of any act or thing herein prohibited by any applicant or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license to an applicant or to revoke the license of a licensee. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him any book writing, or other thing under his control which he is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum mcruit by any contractor in violation of this chapter. (e) (I) (A) Any contractor who, after notice and hearing, is found by the Contractors Licensing Board to have violated, or used a contractor in violation of, this section shall pay to the board a civil penalty of not less than one hundred dollars (5100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed -3- 1 without bond, restraining and prohibiting the contractor from three percent (3%). of the total contract being performed by the performance of the work then being done or about to contractor. - commence. . - (B) The penalty provided for in this subsection, plus interest at ten percent (10%) per annum, shall be paid to the Contractors -Licensing Board before the contractor can be issued a license to engage in the business of contracting in this state. In addition to the assessment of the penalty, the Contractors Licensing Board may, upon a finding of a violation of this section, issue an order of abatement directing the contractor to cease all actions constituting a violation of this section. (2) The Contractors Licensing Board shall have the power to withhold approval, for up to six (6) months, of any application from any person who, prior to approval of the application, has been found in violation of this section. (3) All hearings and appeals therefrom under this section shall be pursuant Co the provisions of the Administrative Procedure Act; as amended, §25-15-201 ct seq. (4) No proceeding• under this section may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred.' (5) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to obtain ajudgmcnt for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the section. - (6) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski -County to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this section. - §17-25-104 Injunction When any contractor not licensed by this board shall engage or attempt to engage in the business of contracting as herein defined, the board shall have the right to go into the proper court in the jurisdiction in which the work is being performed and, upon affidavit, segue a writ of injunction, §17-25-105 Form of Indictment i+ In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that " 'Aunlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so. §17-25-106 Grain Bin Exemption• �I The provisions of this section -shall not apply to the construction of grain bins on a farm which are to be used solely for the purpose of storing grain harvested by the owner or lessee of the farm. _ p Subchapter 2- Contractors Licensing Board. §I7-25-201 Creation - Members a There is created . ( ) a Contractors Licensing- Board, consisting of seven (7) members, who shall be appointed by the Governor. (b) Each member shall beat least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. - - - .6 11 (1) (A) Five (5) members shall be contractors:of not less than ten (10) years' experience in responsible charge of construction projects .of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractors license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. - j _ II (B) At least one (1) member of the board shall have had as a larger part of his business the construction of sewers and waterworks. a. (C) At least one (1) member of the board shall have had as a larger part of his business the construction of buildings. Ii (D) At least one (1) member of the board shall have had as a larger part of his business the construction of highways. (2) Two (2) members of the board shall not be actively engaged in or retired from the profession of _5- I. I contracting. One (l) shall represent consumers, and one (I) (d) Due notice of each meeting and the time and place shall be sixty (60) years of age or older and shall represent the thereof shall be given to each member in such manner as the elderly. Both shall be appointed from the state at large subject bylaws shall provide. to confirmation by the Senate. The two (2) positions may not 'be held by the same person. Both shall be full voting members (e) Three (3) members of the board shall constitute a but shall not participate in the grating of examinations. ( quorum. (c) (1) Members shall serve five-year terms. � (t) The board shall adopt a seal for its own use and shall have on it the words. "Contractors Licensing Board, State of (2) Terms shall expire on December 31 of the fifth Arkansas, Seal," and the secretary shall have charge and year. custody of it. ' (3) Each member shall hold over after the expiration §17-25-203 Powers of his term until his successor shall be duly appointed and qualified. (a) The board shall have power to make such bylaws, ' rules, and regulations for its operation as it shall consider (4) If a vacancy shall occur in the board for any appropriate, provided chat they arc not in conflict with the laws cause, it shall be filled by appointment by the Governor. of the State of Arkansas. ' (5) The Governor may remove any member of the (b) Al! expenses incurred by the board for the board at any time for misconduct, incompetency, or neglect of administration of this chapter arc authorized to be paid by the duty. board. ' (d) Each member of the board shall receive a certificate (c) The board, or any committee thereof, shall be entitled of appointment from the Governor and before entering upon to the services of the Attorney General or other state legal the discharge of the duties of his office, shalt file with the counsel as deemed appropriate, in connection with the Secretary of State the constitutional oath of office. operation of the affairs of the board. Additional legal counsel ' (e) (1) Each member of the board shall receive fifty may be employed by the board from time to time as it may deem necessary. dollars (550.00) per diem while the board is in session and reimbursement for necessary traveling expenses, board, and §17-25-204 Employees lodging. fifty The board shall employ a chief administrative employee. (2) Each member of the board shall receive also known as administrator, who shall possess such dollars ($50.00) per diem in addition to the per diem provided for in subdivision (1) of this subsection. qualifications as maybe determined by the board and who shall serve at the pleasure of the board. In addition, the board may §17-25-202 Organization and Functions employ such additional professional and clerical employees as may be necessary for the operation of the board and its various ' functions and pay salaries thereto as may be authorized by law. (a) The board shall elect a chairman, vice-chairman, and secretary, each to serve in his respective capacity for one (I) §17-25-205 Disposition of Funds year. Officers shall be elected by the board annually. ' (b) The board shall have two (2) regular meetings in each The fees of the Contractors Linsing Board shall be year; one (I) meeting shall be in the month of February, and deposited in banks to be used by the board in the manner one (I) meeting shall be in the month of August, for the prescribed by law, similar to the accounts of other examining ' purpose of transacting such business as may properly come and licensing boards of the state, and shall be audited under before it, on call of the chairman of the board. rules and regulations andAdni prescribed by the Director of the Department of Finance Administration. (c) Special or adjourned meetings may be held at such 1 times as the board may provide by the bylaws which it shall §17-25-206 Records and Reports adopt, or at such times as the board may, by reasonable (a) The secretary shall keep a record of the proceedin resolution, provide, board. the board. -6- -7- I I (b) The secretary shall keep a register of all applications for license showing for each: (I) The date of application, name, qualification, place of business. place of residence; (2) Whether the license was granted or refused; (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees. the board, or otherwise, at any hearing., (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recordedaherein. A certified copy of such books or register, including transcripts of proceedings, under the seal of the board and attested by its secretary, shall be received in evidence in all courts of the state in lieu of the original. (d) A roster showing the names and places of business and of residence of all licensed contractors shall be prepared by the secretary of the board as soon as convenient during the month of August of each year. The roster shall be ordered printed by the board and paid for out of the funds appropriated for the operation of this- chapter. (e) On or before August I of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures of the board attested by the affidavit of the chairman and secretary and a copy of the roster of licensed contractors. (f) A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be famished to any applitant'or licensee desiring to appeal from the findings of the board, as provided in §17-25.312, upon payment of the costs of transcribing the record. • Subchapter 3- Licensing §17-25-301 Significance - Proof' . (a) The issuance of a certificate of license by the board shall be evidence that the person, firm, or corporation named therein is entitled to all of the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired. (b) (I) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, -3- condominium, utility, highway. sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not- limited to labor and materials, is twenty thousand dollars (S20,000) or more, any personfirm. or corporation, before being entitled to the issuance of such permits, furnish -satisfactory proof to the inspector or authority that he is duly licensed under the terms of this chapter. PI (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has frnished evidence that he is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. §17-25-302 Limitations 4' I The board shall have power to limit the license to the character of work for which the applicant is qualified. Il §17-25-303 Application - Renewal - Fees (a) (I) Any person desiring to be licensed as a contractor in this state shall make and file with the board thirty (30) days prior to any regular or special meeting thereof, a written application on a form as may then be prescribed by the board, for examination by the board. The application shall be accompanied by payment in a sum to be determined by the board but not to exceed one hundred dollars ($I00) to the Contractors Licensing Board, State of Arkansas. '1 (2) The thirty (30) day requirement may be waived by the Contractors Licensing Board provided the contractor has on file with the Contractors Licensing Board a completed original application and proof of suaxssfully completing any examination required. 1 (b) Thereafter an annual renewal license fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee to defray the costs and expenses of the administration of this chapter. . §17-25-304 Financial Statement II I!. (a) (1) All persons and entities required by this chapter to be licensed by the Contractors Licensing Board shall transmit to the board with their original applications an audited financial statement of the applicant audited by a certified public accountant or registered public accountant. .I (2) All persons and entities licensed by the Contractors Licensing Board shall transmit to the board with. renewal applications a financial statement of the applicant II -9- El ' reviewed by a certified public accountant or registered public accountant according to American Institute of Certified Public AccountantsProfessional Standards. ' (b) The financial statement so furnished shall not be public information and may not be made available for inspection by any person, unless pursuant to an order of a court ' of competent jurisdiction. After the contractor is licensed, the Contractors Licensing Board shall have the option of destroying the financial statement by the process of shredding or returning the financial statement to the contractor. ' §17-25-305 Applicant Qualifications (a) The board, in determining the qualifimtions of any ' applicant for original license or any renewal license, shall. among other things. consider the following: (I) Experience; (2) Ability: • (3) Character, (4) The manner of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other fact tending to show ability and ' willingness Co conserve the public health and safety, and (8) Default in complying with the provisions of this chapter or any other law of the state. ' (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. §17-25-306 Examinations - Certification (a) If an application complies with the board's rules and regulations, then the applicant shall be entitled to an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall ' be satisfactory to the board, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas. (c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee. §17-25-307 Expiration Ail certificates of license to engage in the business of contracting in the State of Arkansas shall expire at 1200 -10- I midnight on the day before the anniversary date of their issuance unless otherwise designated by the board, and they shall become invalid on that day unless renewed. §17-25-308 Grounds for Revocation The board shall have the power to revoke the certificate of license of any contactor licensed under this chapter who is found guilty of any fraud or deceit in obtaining a license or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligence, incompetence, or misconduct in the conduct of the contractors business. §17-25-309 Procedure for Revocation - Reissuance (a) Any person may prefer charges in connection with the foregoing against any contractor licensed under this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within thirty (30) days alter the date on which they were made. (c) A time and place for the hearing shall be fixed by the board and held in the City of Little Rock. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by registered mail, at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (t) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license of the contractor, but in that event no refund shall be made of the license fee. (g) Within its discretion and upon proper application or hearing, the board may reissue a license to any contractor whose license has been revoked. (h) The board shall immediately notify the Scactary of -11- State of its findings in the cue of a revocation of a license, or of a rcissuancc of a revoked license. §17-25-310 Replacement A certificate of license to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules and regulations of the board. §17-25-311 Corporations and Partnerships Unlawful Acts (a) A corporation or partnership may engage in the p business of contracting when licensed by the board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships. corporations, or other or P P � guttireuons, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination. prior to submitting a bid. - §17-25-312 Review Any party aggrieved by any decision of this board shall have the right to seek review thereof pursuant to the provisions. of the Administrative Procedure Act, as amended, §25-15-201 CC seq. §17-25-313 License Requirements to. Accompany Invitation to Bid All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter, or such portions thereof, as arc deemed necessary to convey to the invited bidder, whether he is a resident of this state or not, the information that it will be necessary for him to have a certificate of license from this board before his bid is considered. §17-25-314 [Repealed[ §17-25-315 Rules and Regulations - Federally Funded Projects - Contractor Qualifications (a) The board shall have the power to promulgate rules and regulations for the efficient enforcement of this chapter and -12- 4 H I shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifiations of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds prior to the contractor being licensed by the board. No state _agency, board, or commission',: shall execute any construction contract involving federal aid 1, funds unless and until the successful bidder for the project furnishes a certificate of license issued by the board. (b), The board shall have the power to provide by regulation for any political subdivision or other politiel corporation to accept bids from unlicensed contractors for,. projects involving federal funds. However, no contractor shall submit a bid under this section prior to submitting application for icensure, and no political subdivision or politial,! corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. 1. 1 1 1 1 II. I. I ARKANSAS STATE CONTRACTORS BOND LAW ACT 162 OF 1987 As Amended by: Act 487 of 1989 Act 783 of 1991 Act 37 of 1992 Subchapter 4- Contractors Bond §17-25-401 Definitions , ' (a) (I) Contractorshall include a original, prime and general contractors an' all subcontractors. It is defined o be an person, firm, joint venture, partnershi copartnership, association, corporation, o • other organization engaged in the business o the construction, alteration, dismantlin demolition, or repairing of roads, bridge viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tank towers, airports, buildings, darns, levee canals, railways and rail facilities, oil and gas wells, water wells, pipelines, ..refinerie industrial or processing plants, chemic plants, power plants, electric, telephone, or any other type of energy or messag transmission lines or equipment, or any othe' kind of improvement or structure. (2) The term'contractbr' shall includ' any contractor who is required to obtain a contractor's license under the state licensin law of this State, §17-25-101 et seq. ., (b) However, when a person or enti acts as a contractor in the construction erection, alteration, or repair of his own or its own property or of a single -fa residence or if the cost of the work to done, including, but not limited to, labor and" materials, is less than twenty thousa dollars (S20,000), the person or entity sh not be deemed a contractor under th- chapter. • 1 LJ I I I I I [] I I • §17-25-402 Expenses - Deposition of Funds (a) Al! expenses incurred by the board for the administration of this subchapter are authorized to be paid by the board. (b) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro -rata, based upon the amount of taxes, premiums and contributions due to the Department of Finance and Administration, Employment Security Division, Workers' Compensation Commission, or any city, county or school district, or any other State agency or other political subdivision of the State, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the Contractors Licensing Board to defer the cost of enforcement. (c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law. §17-25-403 Liability of Customer In the event the contractor fails to honor its financial obligations to the State of Arkansas, any city, county, school district, State agency, or other political sub -division -2- of the State, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas, or any city, county, school district, State agency, or other political subdivision of the State, on that customer's project provided that the customer receives written notice of the contractors failure to comply with this subchapter prior to final payment to the contractor. §17-25-404 Bond - Filing, Terms (a) Before commencing work or undertaking to perform any services or duties in the State, a contractor shall file with the Contractors Licensing Board as the depository agency, a surety bond of a surety authorized to do business in this State or a cash bond. The bond shall be a condition of licensure and a contractors license shall not be released until the bond has been properly filed. (b) The bond shall be: (l) In a penal sum of Ten Thousand Dollars ($10,000.00); (2) Payable to the State of Arkansas; (3) Conditioned on the contractor complying with the tax laws of the State of Arkansas, and when applicable, any city, county, school district, State agency, or other political subdivision of the State, the Arkansas Employment Security Act 11-10- 101 et seq., the Workers' Compensation Law 11-9-101 et seq., and the provisions of this subchapter. -3- I I § 17-25-405 (Rcpcaled) §17-25-406 Notice of Bond Cancellation (a) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days prior to cancellation. The Contractors Licensing Board shall notify the Department of Finance and Administration, the Employment Security Division, and the Workers' Compensation Commission of the notice of cancellation. It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with State law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate State law. (b) A contractors license that has become invalid due to bond cancellation may be reinstated upon receipt of proper replacement bond. §17-25-407 (Repealed) §17-25-403 Failure to Comply Penalties - Enforcement (a) The fact that a contractor is performing or has performed work in Arkansas and compliance as required by this subchapter has not been met shall constitute prima facie evidence of failure to comply. -4- c. (b) Upon notice to the contractor and a hearing thereon is requested by• t contractor or if deemed appropriate by t board or any committee thereof, should it be determined that a violation exists,, the boar or committee may assess a penalty f noncompliance in a sum not to exceed five percent (5%) of the value of the contra performed; and upon a finding of a second subsequent violation, the contractor may be r: assessed a penalty equal to ten perce (10%) of the value of the contra. performed. Further, any contractor found in violation for a second or subseque violation of this subchapter may lose i contractors license for a period of one, (I) year. The board or committee may als, issue an order to cease and desist the wor • pending compliance. (c) Failure .of a contractor to oomph" with the provisions of this subchapter shall be grounds for revocation of any licens • issued to the contractor by the ContractorM' Licensing Board. • (d) Enforcement of the bond filin1 requirements contained herein shall be the responsibility of the Contractors Licensin, Board. (e) The board shall have the power j make such rules and regulations f enforcement as it may consider appropriate and not in conflict with Arkansas law. §17-25-409 Proceedings upon Violation (a) Regarding any violation of this subchapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the State and may require the witness to bring with him any book, writing, or other thing under his control which he is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the Circuit Court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal. (d) All hearings and appeals therefrom under this section shall be pursuant to the provisions and the Administrative Procedure Act, as amended, §25-15-201 et seq. I I I I I I I I I I I I I 1 I 1 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 cxide. Asbestos, amosite, chrys- olite, 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, unroasted. Cadmium, ores and flue dust_ Calcium cyanamide. Capers. Cashew. nuts_ Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. .Cocoa beans. Coconut and coconut meat, 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, abace, agave, coir, flax, jute, jute burlaps, palmyra and sisal. Goat 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). Flux vomica, crude. Oiticica oil. Olive Oil. 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) olives (green), pitted or unpitted, or stuffed, in • bulk. . Opium, crude. Oranges, mandarin, canned. Petroleum, crude oil, un- finished oils, and finished products (see definitions below) I . 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. Secretin. 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. TA 2 Tungsten. Vanilla beans. Venom, cobra. Wax, canauba. Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenhart, lignuin vitae, mahogany, and teak. Yarn, 50 Denier rayon. HI 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) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. I I "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 (1) 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 from 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. I I I 1 ' GEOTECHNICAL INVESTIGATION I ' LANCASTER ROAD EXTENSION FAYETTEVILLE, ARKANSAS I for McCLELLAND CONSULTING ENGINEERS, INC. FAYETTEVILLE, ARKANSAS 1 JUNE, 1999 • Project No. FY993827 ISTE. D 1: Prepared By: aYgyroE O • OCs/g fired To Sawa McClelland Consulting Engineers, Inc. ' 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72701-1229 (501) 443-2377, Fax (501)-443-9241 7 H I I I I I I I I I I I I I I I I GEOTECHNICAL INVESTIGATION LANCASTER ROAD EXTENSION FAYETTEVILLE, ARKANSAS FOR McCLELLAND CONSULTING ENGINEERS, INC. FAYETTEVILLE, ARKANSAS INTRODUCTION An investigation of subsurface soil conditions was conducted by McClelland Consulting Engineers, Inc., along the proposed road extension at Drake Field in Fayetteville, Arkansas. The investigation was authorized by Mr. Arnold Rankins, of MCE, to obtain subsurface soil conditions for the street improvements. The proposed improvements are to consist of a 3000 -foot street extension on new location at Drake Field. The data was determined from the following program: A. An investigation of the subsurface conditions, and visual soil classification by use of sample excavations. B. A laboratory testing program to determine the strength parameters and engineering properties of the soil strata. FIELD INVESTIGATION The soil conditions at the street location were investigated by four (4) borings. The borings were drilled to.a depth of five (5)feet. The boring locations are given on the log of boring. Descriptions and classifications of the soil strata encountered and the I C:DATA199382Treport wpd: W J I I I I I [I I I I I I I [1 I I I results of the field and laboratory tests are given on the boring logs, Plates 1 through 4. A key to the terms and symbols used on the boring logs is presented on Plate 5. The borings were drilled using a truck -mounted rotary drilling rig and advanced by 5% - inch continuous auger. Soil samples were obtained at the depths indicated on the borings by the use of a 2 -inch split -spoon sampler, for obtaining samples from noncohesive or slightly cohesive soils. The split -spoon sampler was driven by blows from a 140 -pound hammer dropped 30 inches. The number of blows required to drive the split -spoon sampler the final 12 inches of a 18 -inch drive, or portion thereof, is referred to as the Standard Penetration value, N, and is recorded on the boring logs in the blows -per -foot column. The field tests performed included visual soil classification and groundwater observations. The groundwater table was not encountered by borings at the time of drilling. LABORATORY TESTS Laboratory tests were performed on soil samples recovered from the borings. The laboratory tests are directed at determining the engineering properties of the soil strata. The tests performed included moisture contents, unit weight, unconfined compression, gradation, and Atterberg Limits tests. C:\DATA\99382Treporlwpd:WJ 2 LI I I [I I I [1 I I I I I I I I H I The natural soil moisture content was determined for the selected soil samples to provide a moisture profile for each boring. Unit weight determinations were performed on suitable undisturbed soil samples and the dry unit weight is given on the logs. Atterberg Limits tests (liquid and plastic limits) were performed on representative samples to aid in the soil classification and to help evaluate the volume change characteristics of each soil stratum. Unconfined compression tests were performed on selected samples for evaluation of the shear strength of the soil strata. The cohesive shear strength reported on the boring logs is the maximum observed compressive stress. Gradation analyses were performed on representative soil samples to aid in the soil classification of the selected soil strata. The results of the gradation tests are given on the Laboratory Testing Results at the end of this report. The results of the laboratory tests are given on the boring logs and are also given on the summary of Laboratory Test Results, Plate 6, at the end of this report. GENERAL SOIL CONDITIONS The project site is located at the northeast corner of Drake Field and is to consist of an extension to Ernest Lancaster Road. The topography indicates the proposed road to be on a slight 2% slope with small drainage channels across the proposed street. IC:IDATA\993827\repod.wpd:WJ 3 H I I I The borings encountered a surface stratum of topsoil to a depth of six (6) inches. Borings 1, 2 and 4 encountered an underlying stratum of stiff reddish brown and tan silty clay to a depth of two (2) to four (4) feet. Boring 3 and 4 encountered an underlying stratum of stiff to stiff tan, brown and gray silty clay with gravel to the end of the borings. I I I I LI I I I Li I I lu The clay fraction of the CL, CH and GC materials have a moderate to high plasticity and a potential for volumetric changes due to changes in the soil moisture content. The clay material makes up between 25 to 86 percent of the entire soil mass as indicated by the gradation results. ANALYSIS AND RECOMMENDATIONS The proposed street improvements are to consist of up to 3000 linear feet of road street along the east side of Drake Field and east of the T -Hangar Apron. Site Grading The site grading should include the removal of all topsoil, an additional twelve to eighteen inches of soft to firm material, which is very likely to become unsuitabe and unstable under construction loads in wet periods, and any fill material from within the pavement areas. The subgrade material and the select material should be compacted to a minimum density of 95 percent as determined by the Standard Proctor Test, ASTM D 698, at optimum moisture before the placement of select fill material. Alternatively, the native subgrade area may be proof -rolled using a minimum dual axle fully loaded IC:IOATA599382Rreport.wpd:WJ 4 H I IH I I [I I I I I I I I I I I C dump truck weighing at least 60,000 lbs. The proof -rolling, if used, should be performed in the presence of the Engineer and Owner. The excavated material, from the roadway site, below the topsoil if suitable may be used as fill material beyond the either side of the street beyond the subgrade area. The soil materials for embankment and subgrade should be controlled using frequent moisture -density tests for each compacted lift using a minimum of one (1) test per 10,000 square feet to a maximum of one (1) test per 2,500 square feet. All trenching and borings should be conducted in accordance with Arkansas State Law and OSHA guidelines and requirements. Pavement Design The CBR value for the native clay and material is three (3) as based on previous subgrade bearing tests at Drake Field for this clay material. The subgrade materials have little or no sand and gravel size particles which results in lower CBR values. Quality Control testing of the earthwork operation, concrete, paving and other phases is recommended to be utilized during construction to assure the Engineer and Owner that the construction complies with the specifications. 1 C:OATA\99382Trepon.wpd:WJ 5 I 1 1 1 LIMITATIONS AND RESERVED RIGHTS The recommendations and conclusions made in this report are based on the assumption that the subsoil conditions do not deviate appreciably from those disclosed ' in the test borings. Should significant subsoil variations or undesirable conditions be 1 1 1 1 I I [I I I I I encountered during construction that are not described herein, the Geotechnical Engineer reserves the right to inspect these conditions for the purpose of reevaluating this report. A review of the final construction plans and specifications by this office is encouraged to ensure compliance with the intent of these recommendations. Sincerely yours, McCLELLAND CON; Wayne Jo es, Vice Presid nt Enclosures: Boring I Testing RS, INC. ENGINEER No. 45 q 32 4. >ly pNE �O C:IDATA1993827Veporl.wpd:WJ 6 I ' LOG OF BORING NO. B-1 ' Project Owner: FAYETTEVILLE MUNICIPAL AIRPORT MCE Project No.: FY993827 Description: LANCASTER DRIVE EXTENSION Method Drilled: 5 1/2" Continuous Auger Location: FAYEa IbVLLE, ARKANSAS Date Drilled: November 16, 1999 Project Engineer: R. WAYNE ]ONES, P.E. Boring Location: Sta. 3+10 1 x LL-. £C Z OO C n Description Of Material v C l O 7 N W N 4 '1f' (Color,Type,Moisture & Consistency) N 7 .N •N O 9 ❑ ❑ E = N 'o o m m m v W fA o 0i ❑ J E IL J ii ❑ 1 OH Topsoil 1 22.1 54 20 34 2.49 100.9 I. CH Stiff Reddish Brown and Tan Clay ' 2 15.7 113.5 I ' 3 16.5 112.2 Cx Stiff Reddish Brown, Tan and Gray Clay END OF BORING ' • ' 10.0 Completion Depth: 5.5 Feet Depth To Water (Final): Dry Logged By: H. LACKEY Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 1 I I I I I I I I I I El I I I I [l I I LOG OF BORING NO. B-2 Project Owner: FAYEITEVILLE MUNICIPAL AIRPORT MCE Project No.: FY993827 Description: LANCASTER DRIVE EXTENSION Method Drilled: 5 112Continuous Auger Location: FAYETTEVILLE, ARKANSAS Date Drilled: November 16, 1999 Project Engineer: R. WAYNE JONES, P.E. Boring Location: Sta. 12+00 N lj In LL N E. z o oo ` w a Description Of Material a c t ; c .C (7 Q •a d n J I— (Color,Type,Moisture & Consistency) ≥ .Y-. a ❑ ❑> E 30 - N 0 N N W N O 7 r2 d d _I Ir_ ❑ 0.0 W to to w OH Topsoil 28.9 90.3 cH Stiff Reddish Brown, Tan and Gray 1 Clay 2 30.6 72 20 52 0.51 92.1 0 CH Stiff Gray, Reddish Brown and Tan Clay 3 32.1 92.1 END OF BORING 10.0 Completion Depth: 5.0 Feet Depth To Water (Final): Dry Logged By: H. LACKEY Fayetteville, Arkansas MOCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 2 I I. I. LOG OF BORING NO. B-3 ' Project Owner: FAYhI rEVILLE MUNICIPAL AIRPORT MCE Project No.: FY993827 Description: LANCASTER DRIVE EXTENSION Method Drilled: S 12Continuous Auger Location: FAYF.I TEVILLE, ARKANSAS Date Drilled: November 16, 1999 Project Engineer: R. WAYNE JONES, P.E. Boring Location: Sta. 19+45,23' U. _ LL U aQ - = N N H .C C z O o `J n Description Of Material —.C ~ C D J 7 N = 6 N Oft (Color,Type,Moiswm & Consistency) ��—. ❑' ❑ ❑ E o — U '0 a m to m 2' II)m O 2 N ❑ J iL d J li ❑ ' 0.0W t17 ro OH Topsoil 11.1 25 14 11 112.3 1 " GC Stiff Tan and Brown Silty Sandy Clay with Sandstone Gravel :: .'. . 2 •::. GC Stiff Brown, Tan and Gray Silty 11.2 110.2 `° ° Sandy Clay with Sandstone Gravel 00 00 10.8 115.3 END OF BORING ' Sn 1 ' 10.0 Completion Depth: 4.5 Feet Depth To Water (Final): Dry Logged By: H. LACKEY ' Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 3 ' LOG OF BORING NO. B-4 ' Project Owner: FAYETPEVILLE MUNICIPAL AIRPORT MCE Project No.: FY993827 Description: LANCASTER DRIVE EXTENSION Method Drilled: 5 I /Y Continuous Auger Location: FAYEITEVILLE, ARKANSAS Date Drilled: November 16, 1999 Project Engineer: R. WAYNE JONES, P.E. Boring Location: Sta. 29+40 LL d tJl W L C z° oo v n Description Of Material w E C ~ ' J O a,•Ty n a J ~ (Color,Type,Moistute & Consistency) e7i N a ❑ ❑ O N 22 D (0 J IL IL J LL O JJ ' 0W N ca OH Topsoil 12.6 116.0 CH Stiff Tan and Brown Clay GC Stiff Brown and Tan Silty Sandy Clay with Sandstone Gravel 2 00. 11.4 34 14 20 i—il 3 13.7 119.5 END OF BORING 1 ' to.o Completion Depth: 5.0 Feet Depth To Water (Final): Dry Logged By: H. LACKEY Fayetteville, Arkansas - MCCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 4 I I SYMBOLS AND TERMS USED ON BORINGS LOGS I F I I I I ' FINE GRAINED SOILS (major portion passing No. 200 sieve): Includes inorganic and organic silts and clays, (2) gravelly, sandy, or silty clays, and (3) clayey silts. Consistency is rated according to shearing strength, as indicated by penetrometer readings or by unconfined compression tests. UNCONFINED DESCRIPTIVE TERM COMPRESSIVE STRENGTH TON/SOFT. Very Soft Less than 0.25 Soft 0.25 to 0.50 Firm 0.50 to 1.00 Stiff 1.00 to 2.00 ' Very Stiff 2.00 to 4.00 Hard 4.00 and higher Note: Slickenaided and fissured clays may have lower' unconfined compressive strengths than sham above, because of planes of weakness or cracks in the soil. The consistency rating of such soils are based on penetrometer reading. SOIL TYPES SAMPLER TYPES (SHOWN IN SYMBOL COLUMN) tr�I (SHOWNINSAMPLES COLUMN) It��jl oa a � ® ® II IM+�i Gravel Sand Silt Clay Shelby Piston Split No Predominant type shown heavy Tube Spoon Recovery TERMS DESCRIBING CONSISTENCY OR CONDITION COARSE GRAINED SOILS (major portion retained on 200 sieve} : Includes (1) clean gravels and sands, and (2) silty or clayey gravels and sands. Condition is rated according to relative density, as determined by laboratory tests. DESCRIPTIVE TERM RELATIVE DENSITY Loose 0 to 40% Medium Dense 40 to 70% Dense 70 to 100% I I I I I TERMS CHARACTERIZING SOIL STRUCTURE Slickensided - having inclined planes of weakness that are slick and glossy in appearance. Fissured - containing shrinkage cracks, frequently filled with fine sand of silt usually more or less vertical. Laminated - composed of thin layers of varying color and texture. Interbedded - composed of alternate layers of different soil types. Calcareous - containing appreciable quantities of calcium carbonate. Well graded - having wide range in grain sizes and substantial amounts of all Intermediate particle sizes. Poorly graded - predominantly of one grain size, or having a range of sizes with some intermediate size missing. Terms used in this report for describing aoila accotdlry to their texture or grain Size distribution are In atcotdanCo with the UNIFIED SOIL cWSIrICATION SYYTSM, as described in TecMtcal Memorandum No. 3-351, Waterways Srpeelunt station. March 1955 MCE PLATE 5 MCEMcCLELLAND P.O. Box 1229 CONSULTING Fayetteville, Arkansas 72702-1229 ENGINEERS, INC. 501-587-7303 4439 /DESIGNED TO SERVE MATERIALS LABORATORY FAX 501-443-9241 LABORATORY TEST RESULTS JOB NUMBER: FY993827 PROJECT: LANDCASTER DRIVE EXTENSION DATE: DECEMBER 8, 1999 B ±1.. 9 DESCRIPTION DEPTH Feet WATER CONTENT LL PL PI USC AASHTO SIEVE ANALYSIS Y. FINER UDW PCI Uc ts1 31N. 3141N.NO.4 NO. 10 NO. 40 N0. 200 I I BROWN, TAN, REDS GRAY FAT CLAY 0.6-1.6' 22.1 54 20 34 CH A-7-(31) 100 99.2 86.9 100.9 4.98 1 2 BROWN,TAN, RED & GRAY SILTY 73' 16.7 113.6 CLAY 1 3 TAN, GRAY & RED SILTY CLAY 4'-' 16.5 112.2 2 1 BROWN & RED SILTY CLAY 0.6'-1.6' 28.9 90.3 2 2 GRAY, TAN & RED FAT CLAY 73' 30.6 72 20 52 CH A-7-6(47) 100 99.8 84.6 92.1 1.02 W/SAND 2 3 GRAY & RED SILTY SANDY CLAY 4'S 32.1 92.1 WISANDSTONE 3 1 TAN & BROWN SANDY LEAN CLAY 0.5.1.5' 11.1 26 14 11 CL A-6(4) 100 99.4 61.5 112.3 3 2 TAN S BROWN SILTY SANDY CLAY 2'3' 11.2 110.2 WISANDSTONE 3 3 BROWN, TAN & RED SILTY SANDY 4'-' 10.8 115.3 CLAY W/SANDSTONE 4 1 DARK BROWN SILTY SANDY CLAY 0.5'-1.6' 12.6 116.0 W/SANDSTONE 4 2 BROWN & TAN CLAYEY GRAVEL 73' 11.4 34 14 20 GC A-2-6(1) 100 51.6 25.3 W/SAND 4 3 TAN & GRAY SILTY SANDY CLAY 4'S' 13.7 119.5 WISANOSTONE C ATAWUunuen..w PLATE No. 6 AASHTO Accredited - Inspected by AMRL & CCRL • STAFF REVIEW FORM ,.,s t4 t,,CIreder L AGENDA REQUEST CONTRACT REVIEW X GRANT REVIEW tr,Ie c t ItCS. /20 SA For the Fayetteville City Council meeting of N/A A R I C IF T D FROM: Alett Little Airport Economic Development Name Division Department ACTION REQUIRED: Request the Mayor's signature accepting the U.S. Department of Transportation/Federal Aviation Administration Airport Improvement Program Grant Number 3-05-0020-28-00 in the amount of $306,658.00. This grant acceptance was approved by City Council Resolution Number 120-00 authorizing the Mayor and City Clerk to accept and execute said grant upon receipt and after staff review. The Mayor signed the application for Federal Assistance on September 8, 2000. COST TO CITY: ($306,658.00) Cost of this Request $ (438,300.00) Category/Project Budget 5550-0955-6820-28 $ Account Number 00030-1 Ernest Lancaster Drive Ext Category/Project Name 0.00 Airport Improvements Funds Used To Date $ (438,300.00) Program Name Airport Project Number Remaining Balance Fund BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director 1CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: U.S FAA r Acc un q' Man DDD}ateq/� Internal 9iditor Date City Attorney / / 'Kate ADA Coordinator Date �) q-aa oo Purchasing Officer Date G nts Coordinator Date STAFF RECOMMENDATION: Staff recommends approval of grant. ate Cross Reference 1� D New Item: Yes No to 2 Prev Ord/Res #: 120-00 Orig Contract Date: Date Orig Contract Number: i • - D�j(W r 1 • F&V Q a I"am@0) t1 I X AGENDA REQUEST Harrison Davis Construction Co. X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 5. 2000 FROM: Alett Little Airport Economic Development Name Division Department ACTION REQUIRED: Request approval of the contract for the construction of the "Ernest Lancaster Drive Extension" with Harrison Davis Construction Company for a low bid amount of $243,473.00. When the Airport is officially notified of the FAA's approval and grant award, the Mayor's signature is requested on the grant. The grant is date sensitive, and airport staff requests that the Mayor be given the authority to accept and sign the FAA grant upon its arrival and after staff review. This project will be funded with a 90% FAA Grant; a 5% request for a State of Arkansas Aeronautics grant; and 5% from Airport funds. A fifteen percent project contingency of $36,520.00 is requested to fund unforeseen project expenditures. COST TO CITY S 279.993.00 Cost of this Request 5550-3960-7820-28 Account Number 0030 Project Number BUD ET� Budget(Manager Date 487.000.0 Category/Project Budget $ 900.00 Funds used to date $ 486.100.00 Remaining Balance X Budgeted Item Administrative Services Dir. Date Ernest Lancaster Drive Ext Category/Project Name Fixed Assets Program Name Aimort Fund Budget Adjustment Attached Accounting MQnag{r Date Internal Audjtor Date - Z3-l.0 --- rThw Attnrn v Date ADA Coordinator-.Conrdimatsr—.Jl A Date Purchasing Officer Date Cants Coordinator Date STAFF RECOMMENDATION: Staff recommends approval. Date Cross Reference 3j!L/co to New Item: Yes No Pre.Ord/Res#: De I Orig Cont. Date: Orig Cont #: Date 0 STAFF REVIEW FORM Page 2 Description: Meeting Date: September 5.2000 Contract approval with Harrison Davis Construction Co. for the construction of "Ernest Lancaster Drive Extension" Comments: Budget Manager Accounting Manager ry L %lec-ra City Attorney Purchasing Officer Internal Auditor ADA Coordinator Grants Coordinator Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments Reference Comments: Reference Comments: FAYETTEV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Alett Little, Economic Director From: Heather Woodruff, City Clerk Date: September 12, 2000 Attached is a copy of the resolution awarding a construction contract to Harrison Davis Construction. I have already returned three original contracts and the original grant application to your office. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor Yolanda Fields, Community Development ;;.,��.;;- ��/| !||| E!44MJN t ! 2�E /ri fly 2. m l;��■R !| |: !gn | ■| |1ftau f.E 1!d 7 ( f, ||||ll•It ||E! | �, & | ||{�` | ._ \ I. -S {i /t .2 -!!#s... l 2922;�;| lr=; k)■laK■Eas48 ,r0 'ps l�;;■|\k Dc ;r_M Lb !!;§|222#2■ §«%§■$§ \44§#1 O o a■tases■saEaa■a■asaasE,aa�! - S 1% |a�§■��#|�;;k|§■;|t§8 : \ eqr §§■■||k§)4|))i#■§tik|k0 , .� a a■.saasa.s,,,■,a „ �as.a.s,! 222(|{[(|§222§§ER■;„ | RESOLUTION NO. 120-00 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $243,473, PLUS A PROJECT CONTINGENCY AMOUNT OF $36,520, TO HARRISON DAVIS CONSTRUCTION COMPANY FOR THE "ERNEST LANCASTER DRIVE EXTENSION" PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A GRANT UPON FAA'S APPROVAL AND TO EXECUTE SAID GRANT UPON RECEIPT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards a construction contract in the amount of $243,473, plus a 15% project contingency amount of $36,520, to Harrison Davis Construction Company for the "Ernest Lancaster Drive Extension" project; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and "B" and made a part hereof. Section 2. That the City Council hereby authorizes the Mayor and City Clerk to accept a grant upon FAA's approval and to execute said grant upon receipt for this project. A copy of the grant is attached hereto marked Exhibit "C" and made a part hereof. AND APPROVED this 51° day of September , 2000. • '7 ATTEST: 1 APPROVED By. i!���7yll/ F ed Hanna, Mayor