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HomeMy WebLinkAbout148-01 RESOLUTION• • RESOLUTION NO. 148-01 A RESOLUTION TO APPROVE A CONTRACT WITH JOHN P. MARINONI CONSTRUCTION IN THE AMOUNT OF $174,716.00 PLUS A 10% CONTINGENCY OF $17,470.00 TO RENOVATE THE WILSON PARK TENNIS COURTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the contract with John P. Marinoni Construction in the amount of $174,716.00 plus a ten percent (10%) contingency of $17,470.00 to renovate the Wilson Park tennis courts. PASSED and APPROVED this the CF day of November, 2001. rp h\ AtF S�I'Si "� By: ela S� eather Woodruff, City Cl Seel APPROVED: By • NAME OF FILE: CROSS REFERENCE: Resolution No. 148-01 11.06/01 Resolution No. 148-01 11/06/01 Contract with John P. Marinoni Construction Co., Inc. 10/19/01 Memo to Mayor Coody & City Council thru Hugh Earnest, Urban Dev. Director, from Connie Edmonston, Parks & Recreation 09/06/01 Bidders List 09/06/01 Bid Tabulation 11/06/01 Staff Review Form 11/09/01 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk 01/08/02 Change Order No. 1 01/02/02 Letter to James with McClelland Engineers from Stephen Smith, Marinom Construction Company, Inc. 01/10/01 Memo to Hugh Eamest, Urban Dev. Director, from Connie Edmonston, Parks & Recreation, regarding Wilson Park Tennis Court Project Change Order #1 01/14/02 Staff Review Form 03/25/02 Memo to Hugh Earnest, Urban Dev. Director, from Connie Edmonston, Parks & Recreation Superintendent 03/22/02 Letter to Connie Edmonston, Parks & Recreation Department, from James F. Koch, Project Engineer, McClelland Consulting, Engineers, Inc 03/21/02 Fax Cover to McClelland Consulting Eng. From Marinoni Construction 03/26/02 Staff Review Form 04/02/02 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk NOTES: 03/10/1594 21:43 ' 5012511319 • MARINONI CONST MARINONI CONSTRUCTION COMPANY, INC. PAGE 01 STEPHEN SMITH PRESIDENT 1142 NORTH FUTRALL DRIVE FAYETTEVILLE, AR 72701 October 2, 2001 City Council Members, Mayor City of Fayetteville Fax Number: 575-8257 Re. Walker and Wilson Park Tennis and Basketball Courts Dear Council Member/Mayor, Telephone 501-261-1316 Fax 501-261.1319 I understand that City forces are being considered to construct the project above. The City solicited bids from contractors last month and Marinoni was given documentation after the bidding that informed us an award to be the contractor would be forthcoming. I signed copies of the 'Notice of Award" and the "Contract" that were generated by the City's consultant and returned the City's copy to the Parks and Recreation Dept. To date, I have not received the fully executed contracts. I appreciate the efforts of the City to be responsible stewards of taxpayer's money. I certainly am proud to have city officials that are scrupulous with my money and all of the City's residents that pay taxes to help this city thrive. A general contractor is needed for many reasons. I want to list some below for your reference when making the decision to hire us or use City forces. 1) We dedicate personnel and supervision to each project with a full team of office support with undivided effort to get this project finished on time and in a professional workmanlike manner. A full time management team will be required in the field and office for the entire three month construction of this project. 2) We insure this project with bonding that guarantees it will be finished per prints and specification. 3) The orchestration of subs is a difficult job. Professional job supervisors play an important role in making sure the schedule is adhered to and that subs perform per specification. If not handled correctly, the job will take several months longer to complete, thus disrupting the residents who use the parks. Kl 03/10/1334 21:43 5012511319 MARINONI CONST PAGE 02 • • 4) This project was estimated by the City's consultant, McClelland Engineers, at $260,000. The City budgeted $290,000 in certified funds to undertake the project. Our accepted bid is in the amount of $271,000. Our bid is not out of line with the City's consulting engineer or the City's certified funds. 5) If I am not mistaken, the City (as general contractor) will be legally required to advertise for solicitation of bids for each subcontractor category. This process will severely delay the project from getting started anytime in the near future. If contracted, the project will be ready in three months from our notice to proceed 6) The actual costs of the project may never be determined if the City decides to be the general contractor. A City project management team, office support and field supervisor will be required to dedicate at least three months at a cost to the taxpayer. Many other costs such as exposure to insurance claims can possibly harm the taxpayer. Worker's Compensation claims can ultimately cost the taxpayer. The cost of soliciting bids from local contractors in the future may rise if there is confusion on whether the City may contract themselves. The above points are not in any order, but please use them when making the right decision on this project. There is a need for a general contractor for this project. Hopefully, I have helped you in this process of being responsible stewards of our money. Smcerely, Stephen L. Smith President 03/10/1394 23:03 • 5012511319 • MtEcoNsu TING ENGINEERS, INC. L or>,Lveo rn 1!R✓! MARINO I CONST • PAGE 01 PO. Box 1229 Fayetteville. Arkansas 72702.122'/ --„,..2120-71-2.1C,,:/""\ FAX 501-4-11-9241 / September 12, 2001 Mr. Steve Smith, Pres. John P. Marinoni Const. Co., Inc. 1142 N. Futrell Dr. Fayetteville, AR 72703 Re: Tennis & Basketball Courts Fayetteville, Arkansas Dear Mr. Smith: The City of Fayetteville has accepted your Bid and is awarding this project to your Company based on your Total Base Bid less Deductive Alternates Nos. 1 & 2 in the amount of $271,442 30 We are enclosing copies of Contract, Performance Bonds, Payments Bonds, and Project Manual which Includes the Insurance requirements for the above referenced project. Please provide three (3) executed copies of the Contract by September 13, 2001. These copies need to given to the City for the City Council meeting on October 2, 2001. Please provide us with all remaining executed copies of these documents and your Insurance Certificate at the earliest date possible. We will forward these documents to the Owner for execution. A pre -construction conference will be set upon the retum of these documents. If there are any questions, please contact us. Sincerely, Mc ELLAND QpNSULTING ENGINEERS, INC. Enclosures: t s` P.E. Contract (5 copies) Performance Bond (6 copies) Payment Bond (6 copies) Project Manual .i 2001t121WC rrepvdwoWmnnoeJ-o12wd Fcs /yf-o/ A).2- 0.1 City of Fayetteville Tennis & Basketball Courts Resurfacing Project For Walker Park & Wilson Park PROJECT NO. FY012109 JUNE, 2001 Prepared By: ArdiceisIgnocve McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (501) 443-2377 0s%„i1Tf fff,,,,,, t A •E Op',,, , • S 4McCLEI1AND V CONSULTING • ENGINEERS, Inc. a4.7% po.24 :cma �• 94;SAS ENS' SIGNATURE ON FILE 7--/O-01 0 TABLE OF CONTENTS (FY002109) PART/SECTION N2 SUBJECT PAGE N2 PART I BIDDING REOUIREMENTS 00030 Advertisement for Bids 1-2 00100 Instructions to Bidder 1-7 00200 Information Available to Bidders 1-18 00300 Bid Form 1-11 00350 Bid Bond 1-2 00360 Notice of Award 1 PART II CONTRACT FORMS 00500 Contract 1-3 00550 Notice to Proceed 1 00600-1 Performance Bond 1-2 00600-2 Payment Bond 1-2 PART III CONDITIONS OF THE CONTRACT 00700 General Conditions 1-35 00800 Supplementary Conditions 1-3 PART IV SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01009 Summary of Work 1-3 01025 Measurements & Payment 1-7 01030 Alternates 1 01070 Cutting and Patching 1-3 01090 Reference/Standards 1-17 01300 Submittals During Construction 1-6 01400 Quality Control 1-3 01500 Temporary Construction Facilities and Utilities 1-3 01600 Material and Equipment Shipment, Handling, Storage, and Protection 1-3 01700 Contract Closeout 1-2 DIVISION 2 SITE WORK 02050 Demolition 1-4 02100 Site Preparation 1-3 02200 Earthwork, Trench Excavation & Backfill 1-9 02500 Asphalt & Gravel Surfacing 1-3 02800 Chain Link Fence & Gates 1-5 02900 Landscaping 1-3 TABLE OF CONTENTS PART/SECTION N2 SUBJECT PAGE N4 DIVISION 3 CONCRETE 03300 Cast In Place Concrete 1-13 DIVISION 7 THERMAL & MOISTURE PROTECTION 07900 Joint Sealers 1-3 DIVISION 13 SPECIAL CONSTRUCTION 13500 Nova'Pro-Bounce Tennis Court 1-4 13600 Acrylic Court Surfacing System 1-3 Appendix A — OSHA Standard for Excavation & Trenches Safety Program Appendix B — Arkansas State Licensing Law for Contractors PART I BIDDING REQUIREMENTS DOCUMENT 00030 ADVERTISMENT FOR BIDS Bids: BID NUMBER 01-45 PROJECT: City of Fayetteville Wilson Park & Walker Park Tennis & Basketball Court Resurfacing MCE Project No.: FY012109 McClelland Consulting Engineers, Inc. 1810 North College P.O. Box 1229 Fayetteville, Arkansas 72701 Phone: (501) 443-2377 The City of Fayetteville will receive sealed bids for Wilson Park & Walker Park Tennis & Basketball Court Resurfacing. Bids shall be on a lump sum basis. The City of Fayetteville will receive Bids until 2 00 PM local time Thursday September 6, 2001 at Room 306 — City Purchasing Office, 113 West Mountain St., Fayetteville, AR. Bids received after this time will not be accepted Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bidding Documents may be examined at the offices of the Engineer and at: ABC Plans Room c/o Southern Reprographics 2905 Point Circle Fayetteville, AR 72704 F.W. Dodge Reports 5100 East Skelly Suite 1010 Tulsa, OK 74135 Construction Market Data P.O. Box 1109 (72203) 1501 N. Pierce, Suite 101 Little Rock, AR 72207 Copies of the Bidding documents may be obtained at the Engineer's office in accordance with the Instructions to Bidders upon paying the sum of $75.00 for each set of documents. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not available. Each Bid must be submitted on the prescribed form and accompanied by a certified check of bid bond executed on the prescribed form, in an amount not less than 5 percent of the amount bid. For information concerning the proposed work, contact Mr. James F. Koch, E.I. or Mr. R. Wayne Jones, P E at McClelland Consulting Engineers Fayetteville office. FY012109 Fayetteville Tennis / Basketball Courts Section 00030- 1 The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under this Contract. "Pursuant to Arkansas Cod Annotated §22-9-203 Arkansas State Building Services encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, Arkansas State Building Services encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. By: Peggy Vice Publication: Bid #: BID NUMBER 01-45 FY012109 Fayetteville Tennis / Basketball Courts Section 00030-2 DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PARAGRAPH NO./TITLE PAGE NO. 1. FORMAT 1 2. SPECIFICATION LANGUAGE 1 3. 1 4. 1 5. 1 6. 7. 8. 9. TRENCH AND EXCAVATION SAFETY SYSTEM 10. ALTERNATES 11. PREPARATION OF BIDS 12. STATE AND LOCAL SALES AND USE TAXES 13. SUBMISSION OF BIDS 14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID 15. WITHDRAWAL OF BID 16. BID SECURITY 17. RETURN OF BID SECURITY 18. AWARD OF CONTRACT 19. BASIS OF AWARD 20. EXECUTION OF CONTRACT 5 21. PERFORMANCE AND PAYMENT BONDS 5 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6 23. PERFORMANCE OF WORK BY CONTRACTOR 6 24. TIME OF COMPLETION 6 25. PROVIDING REQUIRED INSURANCE 6 GENERAL DESCRIPTION OF THE PROJECT QUALIFICATION OF CONTRACTORS DOCUMENT INTERPRETATION BIDDER'S UNDERSTANDING PROJECT MANUAL AND DRAWINGS TYPE OF BID 2 2 2 3 3 3 3 3 4 4 4 4 5 5 FY012109 Fayetteville Tennis / Basketball Courts DOCUMENT 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into Parts, Divisions, and Sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification Sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the Project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the Work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF CONTRACTORS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the Work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed Work Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 1 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 Documents. Bidders shall submit with their Bids, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and .complete the contemplated Workin strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each. Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirementincludes; 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 andnonburning requirements, permits, fees,: contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Drawings is required and no refund will be made. The successful bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $60.00 per set. Partial sets will not be available. 8. TYPE OF BID Lump sum prices shall be submitted in the appropriate places on the Bid form The total amount to be paid to the Contractor shall be the total amount of the lump sum 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. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9. TRENCH AND EXCAVATION SAFETY SYSTEM Not Applicable. 10. ALTERNATES Not used. 11. PREPARATION OF BIDS All blank spaces on 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 Form on 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 sole proprietor, partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer ofa corporation or a member of a partnership or sole proprietor, a notarized power-of- attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 12. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid Form to separately itemize the tax. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 3 13. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Form 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. 14. 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. 15. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of bids 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. 16. 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 Bid submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and famish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED RESIDENT AGENT of the surety having his place of business in the STATE OF ARKANSAS and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. 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. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 17. 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 Bids they accompanied. 18. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS 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 on the Bid Form. 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. 19. BASIS OF AWARD If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid 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. 20. 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. 21. 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 FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 5 of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of I year after the date of final acceptance of the Work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U. S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 22. FAILURE TO EXECUTE: CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract andfurnish. 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 fumish 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. 23. 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 Owner's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 24. 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 Document 00700 - GENERAL CONDITIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. 25. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the General Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 7 DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART 1. GENERAL 1.1 SECTION INCLUDES 1. Federal Prevailing Wage Determination Number AR PART 2. PRODUCTS Not Used. PART 3. EXECUTION Not Used. PART 4. GEOTECHNICAL BORING LOGS, Plate No. 1 thru Plate No. 12, and TESTING RESULTS, Plate No. 13 and Plate No. 14. Document is attached and follows this page. FY012109 Fayetteville Tennis / Basketball Courts Section 00200 - 1 fl Li I [1 I I LIB LI I Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATES DATE: July 6, 2001 DETERMINATION #: 01-007 PROJECT: Walker & Wilson Parks - Resurfacing COUNTY: Washington Tennis and Basketball Courts EXPIRATION DATE: 01-06-02 Fayetteville, Arkansas SURVEY #: 701-AH05 CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker (Including Reinforcing Work) Laborer Pipelayer Truck Driver Power Equipment Operators: ' Backhoe, Rubber tired 1 yd. or less Bulldozer, Finish ' Bulldozer, Rough Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less ' Crane, Derrick, Dragline, Shovel & Backhoe, Over 1-1/2 yds. Distributor Front End Loader, Finish Front End Loader, Rough Mechanic - Motor Patrol, Finish Motor Patrol, Rough Roller Scraper, Finish Scraper, Rough I L BASIC HOURLY RATE 8.50 9.35 9.40 13.30 17.25 8.50 10.30 11.90 12.15 13.15 10.25 11.65 11.20 12.35 9.65 10.40 14.70 13.05 9.00 11.15 11.75 11.25 FRINGE BENEFITS .72 1.00 .17 Welders —receive rate prescribed for craft performing operation to which welding is incidental. Certified July 2, 2001 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Call (5O1) 682-4536 or 682- 4599 for a request form. 01 C y 4) C: O 'U y MTa a� c C O in RQU n= o dS C '> o+ Y q C �LL3 c r LJJ a Cqj qr U i Vf O a7 1 L \ IO - N V o 43q a)>_C a, Ea m E. E� n t • L a) o a,Tha. iucaE t $4- n� • � W 3 rLo a o " rQa,ts N O O O — Mw 3 t!.0000 > C O 'O O O N O C V C JJ 'U4-' n ro L u,a rn arn.> C O i yV 3 i O v o m 3 N S O •- L L V = n 5 O a) a) y O L I d CI vi aa + o� v Z 3 CC . o d b C U ar E a) C7 u 11 a) n 2 C 0 a Ln rn C E Y CS C y 0(A W W Q ,n = A3 2 <V Sto O W ' a W �Wz g 2 'a �I1,o ow m , Z C7 S , m W a� H a Hh. Ln W awa¢ OU Tz W W r Q I SYMBOLS AND TERMS USED ON BORINGS LOGS SOIL TYPES (SHOWN IN SYMBOL COLUMN) eaa Gravel Sand Silt Clay Predominant type shown heavy SAMPLER TYPES (SHOWN IN SAMPLES COLUMN) W Shelby Piston Split No 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% 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 / SO.FT. 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: Slickensided and fissured clays may have lower unconfined compressive strengths than shown above, because of planes of weakness or cracks in the soil. The consistency rating of such sails are based on penetrometer reading. 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 sails according to their texture or grain Site distribution are in accardanca with the ONIfI40 SOIL CLASSIFICATION SYSTEM. as described in technical Namundue No. 5-]5], Watewaya tapertm,nt Station, Nardi 195] McE PLATE 12 LOG OF BORING NO. B-6 Project Owner: CITY OF FAYETTEVU.LE MCE Project No.: FY013810 Description: WILSON PARK TENNIS COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FAYETTEVILLE, ARKANSAS Method Drilled: 5 1/2Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I LL LL ° °o .C c z m as Description Of Material a c v C a =r = '0 p I, c p J (Color,Type,Moisture & Consistency) ❑ E # O - U o m m 0.0 W N m N O 1351.8 Asphalt Pavement Crushed Stone Dense Dark Gray Silty Clay with Gravel (Fill Material) 1 33 ' Crushed Stone .:.: 2 8 12.9 125.7 ; ;.; GC Firm Tan and Gray SiltyClay with Gravel 3 5 17.0 123.7 • 4 5 ::•: 15.6 5.0 .•.•: : END OF BORING 1346.8 6. 1345.8 Completion Depth: 5.0 Feet Depth To Water: 2.5 Feet (After Drilling) Logged By: 11. LACKEY Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. II I I Li I I L H I C H C I I H H H C I LOG OF BORING NO. B-5 Project Owner: CITY OF FAYETTEVILLE MCE Project No.: FY013810 Description: WILSON PARK TENNIS COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FAYE7TEVILLE, ARKANSAS Method Drilled: 5 IR' Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I C Description Of Material J c a L O a t° m a ;, W ;y a J U (Calar,Type,MoisNm & Consistency) 7 .N .N j p # !n N now N m p N 7 J a a F ii a 1351.2 Asphalt Pavement Crushed Stone :.•: Stiff Reddish Brown Silty Clay with ,.•;•; • • Chert Gravel (Fill Material) 1 •: O 18.2 •O.O :.:'.: Crushed Stone (1' to 6') 2 4 St 3 14 13.3 112.4 .•;. Stiff Tan and Brown Silty Sandy •::• Clay with Chert Gravel e •e 4 22 .•,.•; ::. 10.3 S 1346.2 END OF BORING 6.0 1345.2 Completion Depth: 5.0 Feet Depth To Water: Dry Logged By: H. LACKEY I Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 10 LOG OF BORING NO. B-4 Project Owner: CITY OF FAYEITEVILLE MCE Project No.: FY013810 Description: WILSON PARK TENNIS COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FA%bL IbVILLE, ARKANSAS Method Drilled: $ 1/2' Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I _ LL 6 F— F 11 aQ z o a Description Of Material ; C " " _ a C 4 j d ti ad F- J V N a t4 do a n J (Color,Type,Moisture & Consistency) H N ) ❑ ❑ c 3: — L) O Q N N `O y �` N O 0_ I. I- li ❑ 0.0 W to m VI J 1351.8 Asphalt Pavement )99I Crushed Stone Stiff Reddish Brown Silty Clay with 1 33 ;�; �; Chert Gravel (Fill Material) 8.1 2 8 CL Soft Dark Gray Silty Clay 20.3 108.1 35 24.7 40 16 24 0______ 4 5 CL Soft Tand and Gray Silty Clay 20.4 END OF BORING Completion Depth: 5.0 Feet Depth To Water: Dry Logged By: H. LACKEY Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. ume n.+.:., .,. - PLATE NO. 9 LOG OF BORING NO. B-3 Project Owner: CITY OF FAYETTEVILLE MCE Project No.: FY013810 Description: WILSON PARK TENNIS COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FAYEiTEVILLE, ARKANSAS Method Drilled: 5 IRContinuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate 1 U. r c z o a n Description Of Material j c v a, a J F' (Color,Type,Moisture & Consistency) •�—, ❑ ❑ d tp.9 p N `L J d a. H it ❑ 1351.2 Asphalt Pavement Ji Crushed Stone Stiff Reddish Brown Silty Clay with ,.••.•,. Chert Gravel (Fill Material) 1 ��� 14.4 •i i 2 Firm Reddish Brown and Tan Silty 14.8 •,.,• Clay with Chert Gravel (Fill Material) 14.1 39 19 20 Dense Red and Tan Silty Sandy 15.2 ;.;.•' Clay with Creek Gravel END OF BORING 5.0 1346.2 6. 1345.2 Completion Depth: 4.7 Feet Depth To Water: 3.6 Feet (After Drilling) Logged By:- H. LACKEY 1 1 ' Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 8' 1 H I LOG OF BORING NO. B-1 Project Owner: CITY OF FAYEITEVILLE MCE Project No.: FY013810 Description: WILSON PARK BASKETBALL COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FAYETTEVILLE, ARKANSAS Method Drilled: 5 1/2' Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I L a m n Description Of Material , c v ; C O .. m a a W 4 •0 y W n ut J F- (Color,Type,Moisture & Consistency) N N N ❑ N ❑ d, .O 0 O a a) m ≥ G U N 2 ❑ J d d li ❑ 0.0 W N m N 1355.5 Asphalt Pavement Crushed Stone •::•' GM Firm Tan and Brown Silty Clay with •' '• Sand and Gravel 1 .; ; 14.8 23 16 7 • 2 50/0' ::: �;'•: Auger Refusal at 3.0 Feet Hard Gray Limestone 3 50/0• END OF BORING 1350.5 6.0 1349.5 Completion Depth: 3.0 Feet Depth To Water: Dry Logged By: H. LACKEY Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 7 I I I I I L L L I I J L I H I L LOG OF BORING NO. B -I Project Owner: CITY OF FAYEI'CEVI .LE MCE Project No.: FY013810 Description: WILSON PARK BASKETBALL COURT RENOVATIONS Date Drilled: March 26, 2001 Location: FAYETTEVILLE, ARKANSAS Method Drilled: 5 1/2Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I LL " -C LL c 0 z 0 0 C a'n d Description Of Material v E c a . .C -J C N a' a a, (CaloraType,Moisture & Consistency) o7i •� a p� 0 o N a N N a, o o m i i y ? 0.0 W 71 m N 7 rL J d d H 11 O 1355.5 Asphalt Pavement :: • GC Firm Brown and Tan Silty Clayey Gravel 01 1 ': :• 11.4 NP ::: ::. Auger Refusal at 2.0 Feet Hard Gray Limestone 2 50/0' END OF BORING 5.0 1350.5 6.0 1349.5 Completion Depth: 2.0 Feet Depth To Water: Dry Logged By: H. LACKEY I 1 1 ' Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 6 . I I LOG OF BORING NO. B-3 Project Owner: CITY OF FAYETTEVILLE MCE Project No.: FY013810 Description: WALKER PARK TENNIS & BASKETBALL COURTS Date Drilled: March 23, 2001 Location: FAYFTTEVILLE, ARKANSAS Method Drilled: 5 1/2" Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I LL C O O .. 0 ~ za C Description Of Material w J _J c c : L o C aim n ei J f'" (Color,Type,Moisture & Consistency) H U •`—V, •`—�, nl 'o ❑ 0.0 W CO to to 7 d d . 11 ❑ 1223.7 Asphalt Pavement Crushed Stone 32 CH Stiff Brown and Tan Clay 100 3.00 2 _____ 23.4 60 17 43 0.83 3.50 103.1 CH VeryStiffGray and Tan Clay 3 30.1 3.75 93.7 4 4.00 5.0 1218.7 END OF BORING 6.0 1217.7 Completion Depth: 5.0 Feet Depth To Water: Dry Logged By: H. LACKEY Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 5 I I I I I H I I I H I I I LOG OF BORING NO. B-2 Project Owner: CITY OF FAYETTEVILLE MCE Project No.: FY013810 Description: WALKER PARK TENNIS & BASKETBALL COURTS Date Drilled: March 23, 2001 Location: FAYEI'CEVU.LE. ARKANSAS Method Drilled: 5 IRContinuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate 1 t c z a, y Q ❑ y E o.o w N oo t1 o m a T . o to a a N ❑ Description Of Material (Color,Type,Moisture & Consistency) v H .o E J v Ec m a v m a C m c r v ii ❑ ?, ❑ 1222.8 Asphalt Pavement •: i Crushed Stone CL Firm Brown and Gray Silty Clay 1 2.75 2 21.7 46 20. '26 0.58 3.50 I0LB 3 ii 23.5 1.45 3.00 102.2 4 2.50 CL __________ Stiff Tnd and Gray Silty Clay 1217.8 END OF BORING 6.0 1216.8 Completion Depth: 5.0 Feet Depth To Water: Dry Logged By: H. LACKEY I I. 1 U Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 4' I. J I LOG OF BORING NO. B-1 Project Owner: CITY OF FAYETTEVILLE MCE Project No.: FY013810 Description: WALKER PARK TENNIS & BASKETBALL COURTS Date Drilled: March 23, 2001 Location: FAYETTEVILLE, ARKANSAS Method Drilled: 5 1/2Continuous Auger Project Engineer: R. WAYNE JONES, P.E. Boring Location: See Plate I " �. L. c Z O o v n Description Of Material •--. a = 0 c to a to D C ym J (Color,Type,Moisture & Consistency) N V ) ❑ ❑ v 3: — o a H m N m 5 m L) D 0.0 W N m N 1223.5 Asphalt Pavement CH Soft Dark Brown Clay I 2 22.0 64 22 42 1.27 1.50 104.8 0 CH Firm Gray and Red Clay 25.2 1.15 2.50 100.3 3 4, 2.50 1218.5 END OF BORING 6.0 1217.5 Completion Depth: 5.0 Feet Depth To Water: Dry Logged By: H. LACKEY I [• I I J ri I I I I I I I I Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS, INC. Little Rock, Arkansas PLATE NO. 3' [1 I I. 1 1 I I B-1 BORING LOCATION AND NUMBER B-5 B-6 V i i • \: I It • I• r% ASPHALT Jr TENNIS COURTS 'i a 8-4 r ASPHALT BASKETBALL COURT McClelland Con suit • ' Engfnssr. incorporated Little Rock Fayetteville goo W. marAh" 7810 N. co" WILSON PARK TENNIS BASKETBALL COURT RENOVATION BORING LOCATIONS FAYEYTEVILLE. AR E 2 HANDBALL COURTS if ?, I - NJ i J iP ASPHALT t Y > TENNIS COURTS -` ter•- * ; 's= it B-2• Ui • 1 •.- ay U7 ASPHALT BASKETBALL /' COURT B-3. � RESTROOAI rr f i- ) { Vi )� WALKER PARK TENNIS B-1 BORING LOCATION c lleino COURT RENOVATION AND NUMBER " >=noa,..rm BORING LOCATIONS Incorporated FAYETTEVILLE, AR • Little Rock Fayettevi!/e Af BY Al_ Puh Na 900 W. wakhon 1810 AL Collg. ' 1' - 50' FY013810 MCEMcCLELLAND CONSUL TING nrstc.vro ro SERVE i ENGINEERS, INC. P.O. Box 7 229 Fayetteville, Arkansas 72702-2229 501.587-1303 MATERIALS LABORATORY FAX 507-443-9241 LABORATORY TEST RESULTS JOB NUMBER: FY013810 PROJECT: Walker Park Tennis Court Renovations DATE: April 13, 2001 8 tl S tl DESCRIPTION DEPTH Feet WATER CONTENT LL PL Pt USC AASHTO SIEVE ANALYSIS %FINER UOW Pd Uc ts1 3IN. 3/4 IN. NO. 4 NO. 10 NO.40 NO.200 1 2 DRAY, TAN S RED 7J' 22 64 22 42 CH A•74(34) 100 97.1 78.6 104.8 127 FAT CLAY WISAND 1 3 BROWN, GRAY A RED 3'-4' 26.2 100.3 1.16 SLY CLAY 2 2 TAN, RED & GRAY LEAN 7d' 21.7 46 20 2$ CL A-746(21) 100 98.4 80.6 101.8 0.69 CLAY W/SAND 2 3 BROWN, RED & GRAY 3'-4k 23.6 102.2 1.46 SILTY CLAY 3 2 GRAY & RED FAT CLAY r -r 23.4 60 17 43 CH A-74(41) 100 99.0 90.0 103.1 0.83 3 3 BROWN, RED & GRAY 3'-4' 30.1 93.7 SILTY CLAY ' PO. Box 1'29 MCE=ELLAND UL TING Fayetteville, Arkansas 7270 2-122 9 ' 507-587-1303 44 DESIGNED TO SERVE' ENGINEERS, INC • MATERIALS LABORATORY FAX 501-3-9261 LABORATORY TEST RESULTS I I I I I HI I I L✓ I I I I HI JOB NUMBER: FY013610 PROJECT: Wilson Park Tennis Court Renovations DATE: April 13, 2001 B 8 3 8 DESCRIPTION DEPTH Ref WATER CONTENT LL PL PI USC AASHTO SIEVE ANALYSIS %FINER UDW pcf. Ue Iaf. 3IN. 1314 IN NO. 4 NO. 10 NO.40 NO. 20 1 I TAN & BROWN SILTY CLAYEY S-1.5' 14.8 23 16 7 GC -GM A-tb40) 100 53.0 21.0 GRAVEL WISAND 2 1 BROWN & TAN SILTY CLAYEY .5'.1.5' 11.4 NP GC A -1-b(0) 100 41.2 12.0 GRAVEL W/CLAY & SAND 3 1 BROWN & TAN SILTY CLAY S-1.5' 14A WIGRAVEL & ORGANICS 3 2 ROWN SILTY CLAY WIGRAVE 74 14.8 i FERROUS NODULES 3 3 ROWN SILTY CLAY WIGRAVE 74' 14.1 39 19 20 3 4 RED & TAN SILTY CLAY 0470 15.2 WIGRAVEL 4 1 RED & TAN SILTY CLAY .5 -IS 8.1 WIGRAVEL L ORGANICS 4 2 BROWN & TAN SILTY CLAY 7J' 20.3 108.1 WIGRAVEL 4 3 GRAY & TAN SILTY CLAY 3'4' 24.7 40 16 24 WIGRAVEL 4 4 TAN & GRAY SILTY CLAY 4'S 20A 5 1 TAN SILTY CLAY WIGRAVEL S -1S 18.2 A ORGANICS 5 3 BROWN & TAN SILTY CLAY 74' 13.3 112.4 W/GRAV0. 5 4 BROWN & TAN SILTY CLAY 4'S 10.3 WIORAVEL 6 2 TAN & GRAY SILTY CLAY 7-7 12.9 100 76.7 26 125.7 WIGRAVEL 6 3 TAN. GRAY & BROWN SILTY 74' 17 123.7 CLAY WIGRAVEL 6 4 TAN i RED SILTY CLAY 4-5 13.6 W/GRAVEL PLATE No. 14 H I C I L I G C i S 1u1:1` 411*IIh] BID FORM UNIT PRICE BID NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: THE CITY OF FAYETTEVILLE Address: 113 WEST MOUNTAIN ST. FAYETTEVILLE, ARKANSAS Project Title: Walker Park and Wilson Park Tennis & Basketball Court Resurfacing for the City of Fayetteville Engineer's Project No.: FY012109 Arkansas Contractor's Date: Sept. 6. 2001 LicenseNo.: 0033500402 ' Bidder: JOHN P. MARINONI CONSTRUCTION COMPANY, INC. I I I 'I I I I I Address: 1142 N. FUTRALL DR. FAYETTEVILLE, ARKANSAS 72703 Contact Person for additional information on this Bid: Name: John P. Marinoni Telephone: (501) 251-1316 ADDENDA The Bidder hereby acknowledges that he has received Addenda Numbers: None to these Specifications. (Bidder insert No. of each Addendum received.) BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Bid is made without any connection or collusion with any person submitting another Bid on this Contract. ' FY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 1 I I I 11 I L L L L I I L The Bidder further agrees that he has exercised his own judgement and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. 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 Bid is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Bid 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 Bid, 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. 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. START OF CONSTRUCTION, CONTRACT COMPLETION TIME, AND LIQUIDATED DAMAGES Start of Construction, Contract Completion Time, and Liquidated Damages are stated in Document 00500 - Contract. 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 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 t as to the quantities involved, including materials and equipment, 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 Bid is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Bid. work. UNIT PRICE 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 lump sum amounts. The bidder agrees that the lump sum 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 FY012109 Fayetteville Tennis / Basketball Courts Section 00300-2 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. WALKER PARK BID SCHEDULE ITEM NUMBER EST, QTY UNIT DESCRIPTION UNIT PRICE TOTAL 1. 2300 S.Y. Remove & Dispose of Fence, Net and ($ 2. ($%26 ) Goat Posts and Asphalt / J�� f-676D)"--'Dollars/SY Words 2. 800 C.Y. Select Fill @ 95% SPD - 12" Depth ($ ) ($ i , 7 �1 Dom— Dollars/CY Words 3. 800 TON Class 7 Base @ 95%a SPD — 6"Depth ($ ($1aT) a A1Dollars/fON Words L 4. 390 TON Type III Hot Mix Asphalt - 3" Depth ($__________ ($ of i#4_ lD l9 ollars/rON Words 5. 120 C.Y. Perimeter Embankment Material ($ a.?6 ) ' 3O1 6 / ollars/CY Words 6. 50 C.Y. Select Topsoil for Perimeter ($ ($ 1,_1_9'o- 7$4 `Z 4U SV ollars/CY Words 7. 1500 S.Y. Seed/Straw/Fertilizer CA ($ (7� ) ($ e _� fy _Zk4kw JSY Words 8. 180 L.F. 4" PVC Conduit for Future Electrical ($ 7'S ($ SJr� Service An iS!Ad---- Dollars/LF Words FY012109 Fayetteville Tennis / Basketball Courts Section 00300-3 WALKER PARK BID SCHEDULE ITEM EST. UNIT DESCRIPTION UNIT TOTAL NUMBER QTY PRICE 9. 1 L.S. Area Inlet 2 e /h7'cA+tttV2Si" %/i�Qo2 Dollars/LS ($� ($ Words y//i 10. 55 L.F. 12"CMP with Connection to existing ($_/5" ($__�� Drain outtlet � t Dollars/LF Words bD 11. 460 L.F. Concrete Swale 4' x 4", w/ Class 7 Base ($ ($ 7V3 661)00 ' Dollars/LF Words 12. 480 L.F. 10 VF Green Chain Link Fence with Gates ($_________ ($ O i3689 a Cam V Dollars/LF Words d f `, 13. fit' �E�( Tennis Net Posts Q� � ��¢.. ($—!1¢�J ($ 7 ,d2� cH L"" / pollars/£ a4 Words ob 14. 4 EA Basketball Goals w/nets (S_(.% ($ g8 Words 15. 1 L.S. Acrylic Playing Surface with Color and ($ ?) ($ Striping. ollar Lk%7if71< Words 16. 1 L.S. Erosion Control ($ (5 ) ,( / (tt3'CV/ 1� �f7t"R^1 Dollars/LS Words 17. 1 L.S. TrreencchSafet ($ _____ -) ($ 2 i1 �/ "4ff Doilars/LS Words Ii FY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 4 Walker Park Bid Schedule Base Bid Deductive Alternate No. 1 (Replace Bid Item No. 4 with Item No. 4.A) 4.A 390 TON Haul & Place Type III Hot Mix Asphalt — 3" Depth (Asphalt Provided by Owner FOB) '//DO Dollars/TON Words Base Bid with Deductive Alternate No. 1 $ ($ ($ Deductive Alternate No. 2 (Replace Bid Item No. 1 with Item No. 1.A) ao dp l.A l L.S. Remove & Dispose of Fence, Net and ($ a�. D2V) ($ Goal Posts DollarsIL.S. Words (Replace Bid Item No. 2 with Item No. 2.A) 2.A 1 L.S. Crack Repair Dollars/L.S. Words (Replace Bid Item No. 3 with Item No. 3.A) 3.A 550 TON Clas3X ase @ 95% SPD — 6" Depth / +&/ M-Dollars/I'ON Words Base Bid with Deductive Alternate No. 2 FY012109 Fayetteville Tennis / Basketball Courts Section 00300 -5 I L I I I I L I L L' I L Li L L WILSON PARK BID SCHEDULE ITEM EST. UNIT IPT DESCRIPTION UNIT TOTAL NUMBER QTY PRICE 1. 1200 L.F. Crack Repair ($Tyibat (ttL I't/jij Dollars/LF Words 6° 08 2. 4 Tennis Nova Pro -Bounce Surfacing System ($ 4% ($ ) Cortc LL tDoIlarslTC Words jD 3. 4 Tennis Court Color Surfacing & Striping ($ ($_� Cou iWM/ rs ollaT TTT'���� C u Words 4. 200 L.F. 14 V.F. Green Coated Chain Link Fence ($? , ($ (including Gates) r -4 t - +11/, =�„Ilars/LF Words D 5. 390 L.F. 10 V.F. Green Coated Chain Link Fence ($ ($ o'/7 7� (including Gates) �i �gf ollars/LF Words 6. 2 Each 12 V.F. x24 L.F. Painted Plywood Practice ($ ($___ Board n L4 Words 7. 200 L.F. 4" Dia. Sch-40 Conduit for Future ($ ($— Electrical Service. II D —'tollars/LF Words 8. I EA Outdoor Timer & Photocell for Court $ ai I a t{- ) Lights.---- hh 11�� ($7a,Ia ) W9�'�//V11GtNC'f oll Words pA/4 s 9. fir(. Tennis Net Posts 4t ($ 76 7a ) ($ % W" Dollars/EA --� Words IFY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 6 WILSON PARK BID SCHEDULE ITEM NUMBER EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL 10. 340 L.F. Concrete Swale 4ft.x 4th. ($ ($ D l/&7z Zs4 Ia ,r Dollars/LF Words t 1. 115 S.Y. Concrete Sidewalk ($) ($- tti ,L &a f f//cr Dollars/SY Words 12. 210 L.F. Handrail drji($_ ?5) ($ Z� / t 1r71r 7 bo' Dollars/LF Words 9 13. 1 L.S. Handicap Van Accessible Parking ($� ($ re DQ Dollars/LS Words 14. 1 L.S. Erosion Control � ($ ' Dollars/IS Words 15. 20 C.Y. Select Topsoil ($ ($ lN.1w5Qt/fApDollars/CY Words �— —r 16. 320 S.Y. Seed/Straw/Fertilizer 7u� CtZ (S_0= ) ($ 3 ) .IDetlzes/SY Words 17. 1 L.S. Remove & Dispose of Fence, Net and ($ a d , ($ a2 gJra ) Goal Posts Gear . Words Wilson Park Bid Schedule FY012109 Fayetteville Tennis / Basketball Courts Section 00300 -7 I BASIS OF AWARD The Bidder understands that the Owner may choose to award a separate contract for Walker Park Court Resurfacing Project and Wilson Park Court Resurfacing Project to responsive responsible bidders or both Projects to a single responsive responsible bidder including the Deductive Alternates. ' PAYMENT SCHEDULE A detailed payment schedule for each structure or unit shall be submitted by the successful low ' Bidder. The successful low Bidder shall meet with the Engineer and Owner in Fayetteville, Arkansas, to review the format and details of the payment schedule. This meeting shall be held within 5 days of notification that the Contractor is the low Bidder. The purpose of the meeting shall be to establish an acceptable format for the payment schedule. The construction detailed payment schedule shall be completed by the Contractor 14 days after the ' meeting and submitted to the Engineer and Owner for review and approval. Failure of the Contractor to submit the payment schedule as required may result in the Owner's rejection of the Bid or delay in processing the Contractor's request for a progress payment. ' SUBCONTRACTORS The Bidder further certifies that proposals from the following subcontractors were used in the ' preparation of this Bid; and if awarded a contract, Bidder agrees to not enter into contracts with others for these divisions of the Work without written approval from the Owner and Engineer. SUBCONTRACTOR Arkansas Contractor License # I Name Street Address, City, State, Zip Code I SUBCONTRACTOR ' Arkansas Contractor License# Name Street Address, City, State, Zip Code ' FY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 8 I ' PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 40 percent of the work with his own forces (refer to Paragraph 23, ' INSTRUCTIONS TO BIDDERS. Bids from so called "Brokerage Contractors" will not be considered.) ' List below the items that the Bidder will perform with his own forces, if awarded this Contract, and fill in the blank showing the estimated total cost of these items. ( x -Re ) 6/47 cwvfl1 Sd-.2 /4/ti, SE€D/ut, f ≤Y*4i.v, 1 OEMvrflbN Estimated total cost of the above items the Bidder states that will be performed with his own forces, if awarded Contract: I IEXPERIENCE OF BIDDER ' 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.) I I I I I IFY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 9 SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be: Westfield Insurance Co. whose address is: ' 505 Republic Drive, Suite 450, Plano, Texas 75074 Street, City, State, Zip, Code 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. ' BIDDER ' The name of the Bidder submitting this Bid is: JOHN P. MARINONI CONSTRUCTTON COMPANY, TNC.. doing business at: 1142 N. Futrall Dr., Fayetteville, Arkansas 72703 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: John P. Marinoni. C.E.O. Stephen T. Smith, Praciriont Betty F. Marinoni, Secretary/Treasurer;. Roger Ross, Vice President ' If Sole Proprietor or Partnership ' IN WITNESS hereto the undersigned has set his (its) hand this day of I I Signature of Bidder Q Title 2001. FY012109 Fayetteville Tennis / Basketball Courts Section 00300 - 10 If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by.its duly authorized officers this6th day of September , 2001. (SEAL) JOHN P. MARINONI CONSTRUCTION CO.INC. Name of Co oration By _ John P. Marinoni TitleC.E.0__.��, �� Attest l ecretaryBetty F. Marinoni FY012109 Fayetteville Tennis I Basketball Courts Section 00300 - 11 DOCUMENT 00500 1 CONTRACT I. THIS AGREEMENT, made and entered into on the day of November, 2001, by and between John P. Marinoni Construction Co. Inc. herein called the Contractor, and the City of Fayetteville, ' Arkansas, 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 Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Walker Park & Wilson Park Tennis and Basketball Court Resurfacing, dated June 2001. Advertisement for Bids Payment Bond Instructions to Bidders General Conditions ' Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications Drawings (10 Sheets) 2. 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 Bid for the Base Bid for Schedule No. 2, in lawful money of the United States, the amount of: One Hundred Seventy Four Thousand Seven Hundred Fifteen and 60/100 Dollars ($174,715.60). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 90 days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. 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 Conditions. 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 OwnerTwo Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. I IFY0 12109 Fayetteville Tennis / Basketball Courts Section 00500 - 1 I I Li I C I I I I [] I I I C I 5. 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 Conditions, 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. 6. 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: ATTEST: Title �Y. CITY OF FAYETTEVILLE, ARKANSAS OWNER By Mayor I A IV; oIt' FY012109 Fayetteville Tennis / Basketball Courts Section 00500 - 2 I I I NOTICE TO PROCEED I I [J I I I I I I u u I u u I TO: John P. Marinoni Const. Co. DATE: November 9, 2001 1142 N. Futrall Dr. Fayetteville, AR 72703 PROJECT: Tennis & Basketball Court Resurfacing Walker Park and Wilson Park You are hereby notified to commence WORK in accordance with the Contract dated November 4, 2001 on or before November 14, 2001, and you are to have the Work complete and ready for final payment within 90 calendar days thereafter. The date for final completion is therefore February 12, 2002. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Owner ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by John P. Marinoni Construction Co.. Inc. this the 12 day of November, 2001. By _A / /aj ' Title FY012109 Fayetteville Tennis / Basketball Courts Section 00550-1 I: Bond Number 5888377 Document 00600-1 ' Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): '• John P. Marinoni Const. Co. Inc. Westfield Insurance Company 1142 N. Futrall Dr. P.O. Box 5001 Fayetteville, AR 72701 Westfield Center, Ohio 44251-5001 0 OWNER (Name and Address): v z Cl) = c City of Fayetteville O7 — ry '• 113 West Mountain ( c o Fayetteville, Arkansas 72701 m CONSTRUCTION CONTRACT cn I. Date: Nov. 6, 2001 I. Amount: $174.715.60 F-' Description: C ' Schedule No. 2 of Tennis & Basketball Court Resurfacing Wilson Park and Walker Park BOND Date (Not earlier than Construction Contract Date): ($174, 715.60) ' Amount:$ One Hundred Seventy Four Seven Hundred Fifteen and .60/100 Dollars Modifications to this Bond Form: n/a Li I CONTRACTOR AS PRINCIPAL Company (Corp. Seal) John P. Marinoni Construction Co., Inc. ' Name and Title: J I I I I CONTRACTOR AS PRINCIPAL Company Signature: Name and Title: SURETY (Corp Seal) Insurance Company and Title: Scott R. Clark Attorney -in -Fact SURETY (Corp. Seal) Company Name and Title: (Corp Seal) EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors at -f vloo(� FY012109 Fayetteville Tennis / Basketball Courts Section 00600-1 -1 C 1 a -* C m C) 0 C L II I I I I I I I I I I I I I I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declined a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself~ through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, grange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange forcompletiomr obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction wao be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor asequired by the Construction Contract or to perform and complete or comply with the other terms thereof. I FY012109 Fayetteville Tennis / Basketball Courts Section 00600-1 -2 POWER NO. 0320052 03 General Power - of Attorney Wes ield Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, JOINTLY OR SEVERALLY 1 of FORT SMITH and State of AR Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of 'suretyship________________ —- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. 'and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate sea[ of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment Is made under and by authority of the following resolutions adopted by the Board of Directors of the Westfield Insurance Company:. "Be ft Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -In -Fact Attorney -In -Fact may be given full power and authority for and in the name of and on behalf of the Company, . to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary." (Adopted at a meeting held on the 3rd day of July, 1957.) "Be It Resolved, that the power and authority to appoint Attorney(s)-In-Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vlce-President" (Adopted at a meeting held on the 13th day of July, 1976.) ' This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Westfield Insurance Company at a meeting duly called and held on the 9th day of June, 1970: "Be It Resolved, that the signature of any authorized officer and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." In Witness Whereof, WESTFIELD INSURANCE COMPANY has caused these presents to be. signed by its Vice President, and its corporate seal to be hereto affixed this 30th day of MAY A.D., 2001 . Corporate ,„.,,Q}�,,�, WESTFIELD INSURANCE COMPANY Seal+ Aftixetl � � 'State of Ohio "W'$r'••� Jri lr1h�By County of Medina ss.: Richard L Kinnaird, Jr. Vice President On this 30th day of MAY A.D., 2001 , before me personally came Richard L Kinnaird, Jr., to me known, who, being by me duly 'sworn, did depose and say, that he resides In Medina, Ohio; that he is Vice President of WESTFIELD INSURANCE COMPANY, the company described in and which executed the above Instrument; that he knows the seal of said Company; that the seal affixed to said Instrument is such corporate seal; that It was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio unty of Medina ss.: O�i,M,a,o r\. t..c L James M. Walker Notary Public My Commission Does Not Expire Sec. 147.03 Ohio Revised Code 'CERTIFICATE I, Richard A. Wallet, Assistant Secretary of the WESTFIELD INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which Is still In full force and effect and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. - - 'In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this 6th day of ovember A.D., 2001 • /Cf/J j� % u yv: ,w ',svl CGr- '.� lv. i �2 Richard A. Wallet Assistant Secretary I BPOAW2 (03-99) I :. Bond Number 5888377 Document 00600-2 ' Construction Payment Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): John P. Marinoni Const. Co. Inc. Westfield Insurance Company ' 1142 N. Futrall Dr. P.O. Box 5001 Fayetteville, AR 72701 Westfield Center, Ohio 44251-5001 I [] H I H [I I I OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: Nov. 6, 2001 Amount: $174.715.60 Description: Schedule No 2 of Tennis & Basketball Court Resurfacing Wilson Park and Walker Park BOND Date (Not earlier than Construction Contract Date): ($174,715.60) Amount:$ One Hundred Seventy Four Seven Hundred Fifteen and .60/100 Dollars Modifications to this Bond Form: n/a 0 r—. 0 C CD CONTRACTOR AS PRINCIPAL Company (Corp. Seal) John P. Marinoni Construction Co., Inc. IName and Title: ' CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp Seal) Wet d Insurance Company Signature Name and Title: Scott R. Clark Attorney -in -Fact SURETY Company ' Signature: Signature: Name and Title: Name and Title: (Corp Seal) EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors IFY012109 Fayetteville Tennis / Basketball Courts Section 00600-2 -1 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the ' Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with ' Contractor have given notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof; to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the ' claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the ' Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly.; and ' 3. Not having been paid withinthe above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. ' 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, ' and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by theOwner to the Contractor under the Construction I Contract shall be used for the performance of the Construction contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bondliey agree that funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety' under this Bond, subject to the Owner's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the Owner, Claimants or others for ' obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond. FY012109 Fayetteville Tennis / Basketball Courts 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by the Surety, the Owner, or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Section 00600-2 -2 POWER NO. 0320052 03 General Power - of Attorney Westfield Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio; does by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, JOINTLY OR SEVERALLY I of FORT SMITH and State of AR its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of Is�'hip------------------------------------- -- - -------------- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. Said appointment Is made under and by authority of the following resolutions adopted by the Board of Directors of the Westfield Insurance Company: 'Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-1n-Fact to represent and act for and on behalf of the Company subject to the following provisions: 'Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' (Adopted at a meeting held on the 3rd day of July, 1957.) '8e It Resolved, that the power and authority to appoint Attorney(s)-in-Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice -President' (Adopted at a meeting held on the 13th day of July, 1976.) This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Westfield Insurance Company at a meeting duly called and held on the 9th day of June, 1970: '8e It Resolved, that the signature of any authorized officer and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it/s attached. - In Witness Whereof, WESTFIELD INSURANCE COMPANY has caused these presents to besigned by Its Vice President, and its corporate seal to be hereto affixed this 30th day of MAY A.D., 2001 . Corporate WESTFIELD INSURANCE COMPANY Seal Q\fie'..--•.• '+c Affixed get; SEA.. lro (State of Ohio , W�y.,�adt By County of Medina ss.: tea' . Richard L Kinnaird, Jr. Vice President On this 30th day of MAY A.D., 2001 , before me personally came Richard L Kinnaird, Jr., to me known, who, being by me duly worn, did depose and say, that he resides In Medina, Ohio; that he is Vice President of WESTFIELD INSURANCE COMPANY, the company escribed In and which executed the above Instrument; that he knows the seal of said Company; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. INotarial Mate of Ohio unty of Medina ss.: James M. Walker Notary Public My Commission Does Not Expire Sec. 147.03 Ohio Revised Code CERTIFICATE I, Richard A. Wallet, Assistant Secretary of the WESTFIELD INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which Is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are In full force -and effect. - In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this 6th day of November A.D., 2001 ({SEAL a ?r'•t .a j'4 Richard A. Wallet Assistant Secretary ' POAW2 (03-99) acORR CERTIFICATE OF LIABILITY INSURANCED DATE(MM/DDNY) IN -1 11/14/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown -Hiller -Clark & Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5500 Euper Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 3529 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Smith AR 72913-3529 Phone:501-452-4000 Fax:501-484-5185 INSURERS AFFORDING COVERAGE INSURED INSURER A: Cincinnati Companies INSURER B: American Home Insurance Co. John P. Marinoni Construction INSURER C: 1142 North Futrall Drive INSURERD: Fayetteville AR 72703-1101 I INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L R TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYY DATEYEXPIgATIOMM/DDNY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERALLIABILRV CPP0738668 11/01/01 11/01/02 FIRE DAMAGE(Any one lire) $ 100,000 CLAIMS MADE O OCCUR MED EXP (Any one person) S 5,000 PERSONALBADV INJURY $ 1,000,000 GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 ,000 POLICY JECTT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 1 OOO 000 A X ANY AUTO CPP0738668 11/01/01 11/01/02 (Ea accident) r r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS Sr accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANV AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1 ,000 ,000 A OCCUR __CLAIMSMADE CCC4491834 11/01/01 11/01/02 AGGREGATE $1,000,000 DEDUCTIBLE S X RETENTION $ 10,000 $ WORKERS COMPENSATION AND TORY LIMITS ER B EMPLOVERS'LIABILITY 6748093 11/01/01 11/01/02 E.L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYE $ 500000 EL. DISEASE -POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Workers Compensation provides Waiver of Subrogation in favor of City of Fayetteville. Certificate Holder and McClelland Consulting Engineers, Inc., P.O. Box 1229, Fayetteville, Ar. 72702-1229 added as additional insured in regard to General Liability and Auto Liability. Corrected certificate dated 11/07/01 CERTIFICATE HOLDER Y ADDITIONAL INSURED: INSURER LETTER: _ CANCELLATION CITY -12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER ED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Fayetteville 113 West Mountain Street IMPOSE NO OBLIGATION OR LIABILI ANY KIND UPON THE INSURER, ITS AGENTS OR Fayetteville AR 72701 REPRESENTATIVES. AUTHORIZED REPRESENTATIV Scott R. Clar ACORD 25-S (7/97) ©ACORD CORPORATION 1988 GENERAL CONDITIONS TABLE OF CONTENT ARTICLE NUMBER AND TITLE PAGE NUMBER 1. AS APPROVED............................................................................................................................................... 1 2. AS SHOWN, AND AS INDICATED.............................................................................................................. 1 3. BIDDER...........................................................................................................................................................1 4. CONTRACT.....................................................................................................................................................I 5. CONTRACT DOCUMENTS........................................................................................................................... 2 6. CONTRACTOR...............................................................................................................................................2 7. DAYS............................................................................................................................................................... 2 8. DRAWINGS.....................................................................................................................................................2 9. ENGINEER......................................................................................................................................:...............2 10. NOTICE..............................:............................................................................................................................ 2 1. OR EQUAL...................................................................................................................................................... 3 12. OWNER........................................................................................................................................................... 3 13. PLANS (See Drawings).................................................................................................................................... 3 14. SPECIFICATIONS........................................................................................................................................... 3 15. NOTICE TO PROCEED.................................................................................................................................. 3 16. SUBSTANTIAL COMPLETION.................................................................................................................... 3 17. WORK.............................................................................................................................................................. 4 18. INTENT OF CONTRACT DOCUMENTS...................................................................................................... 4 19. DISCREPANCIES AND OMISSIONS............................................................................................................ 4 20. ALTERATIONS - CHANGES IN WORK....................................................................................................... 5 21. SUB -SURFACE CONDITIONS FOUND DIFFERENT................................................................................. 5 22. VERIFICATION OF CONTRACT DOCUMENTS........................................................................................ 5 23. DOCUMENTS TO BE KEPT ON THE JOB SITE......................................................................................... 6 24. ADDITIONAL CONTRACT DOCUMENTS................................................................................................. 6 ARTICLE NUMBER AND TITLEPAGE NUMBER 25. OWNERSHIP OF DRAWINGS....................................................................................................................... 6 26. AUTHORITY OF THE ENGINEER............................................................................................................... 7 27. DUTIES AND RESPONSIBILITIES OF THE ENGINEER........................................................................... 7 28. REJECTED MATERIAL................................................................................................................................. 8 29. UNNOTICED DEFECTS................................................................................................................................. 8 30. RIGHT TO RETAIN IMPERFECT WORK.................................................................................................... 8 31. LINES AND GRADES..................................................................................................................................... 8 32. SHOP DRAWING SUBMITTAL PROCEDURE............................................................................................ 9 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS................................................................... 10. 34. . INDEPENDENT CONTRACTOR.......................................:......................................................................... 11 35. SUBCONTRACTING.................................................................................................................................... 11 36. - INSURANCE AND LIABILITY................................................................................................................... 11 37. INDEMNITY................................................................................................................................................. 14 38. TAXES AND CHARGES.............................................................................................................................. 15 39. .. ORDINANCES, PERMITS, AND LICENSES.............................................................................................. 15 40. SUPERINTENDENCE..................................................................................................................I................ 15 41. RECEPTION OF ENGINEER'S DIRECTIONS............................................................................................ 16 42. SANITATION................................................................................................................................................ 16 43. EMPLOYEES................................................................................................................................................. 16 44. PROJECT MEETINGS.................................................................................................................................. 16 45. SAFETY......................................................................................................................................................... 16 46. CONTRACTOR'S TOOLS AND EQUIPMENT..........................................................................0................ 17 47. PROTECTION OF WORK AND PROPERTY.............................................................................................. 17 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY........................................................ 18 49. MATERIALS AND APPLIANCES............................................................................................................... I8 50. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS............................................................................................................... 19 I I. 1 1 ARTICLE NUMBER AND TITLEPAGE NUMBER 51. SUBSTITUTION OF MATERIALS.............................................................................................................. 19 52. TESTS, SAMPLES, AND INSPECTIONS.................................................................................................... 19 5,. ROYALTIES AND PATENTS...................................................................................................................... 20 54. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT .......................................... 20 55. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD ............................... 20 56. BEGINNING OF THE WORK...................................................................................................................... 20 57. SCHEDULES AND PROGRESS REPORTS................................................................................................ 21 58. PROSECUTION OF THE WORK................................................................................................................. 22 59. ASSIGNMENT.............................................................................................................................................. 22 60. OWNER'S RIGHT TO DO WORK............................................................................................................... 22 61. OWNER'S RIGHT TO TRANSFER EMPLOYMENT................................................................................. 22 62. OWNER'S RIGHT TO SUSPEND OR TERMINATE WORK.....................................................................23 63. DELAYS AND EXTENSION OF TIME....................................................................................................... 25 64. LIQUIDATED DAMAGES........................................................................................................................... 26 65. OTHER CONTRACTS.................................................................................................................................. 26 66. USE OF PREMISES....................................................................................................................................... 27 67. SUBSTANTIAL COMPLETION DATE....................................................................................................... 27 68. PERFORMANCE TESTING......................................................................................................................... 27 69. OWNER'S USE OF PORTIONS OF THE WORK........................................................................................ 27 70. CUTTING AND PATCHING........................................................................................................................28 71. CLEANING UP.............................................................................................................................................. 28 72. PAYMENT FOR CHANGE ORDERS.......................................................................................................... 28 73. PARTIAL PAYMENTS.....................................................................................................................:........... 31 74. CLAIMS......................................................................................................................................................... 33 75. NOTICE OF CLAIM FOR DELAY............................................................................................................... 33 76. RELEASE OF LIENS OR CLAIMS..........................................................................................0...................34 77. FINAL PAYMENT........................................................................................................................................ 34 ARTICLE NUMBER AND TITLE PAGE NUMBER 78. NO WAIVER OF RIGHTS.................................................................. 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE ................6...... 34 ....................... 35 I DOCUMENT 00700 GENERAL CONDITIONS These General Conditions contain contractual -legal Articles that establish the requirements and conditions '. governing responsibility, policy, and procedures that apply during the construction and warranty period. This part of the Contract Documents is pre-printed. Any modifications to the following Articles that are ' special to the Project under consideration will be made in the Supplementary Conditions. Requirements and conditions that have special significance to the Contract for the contemplated Work on this Project are as set forth in the remaining Sections of these Contract Documents. ' DEFINITIONS ' Wherever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows: ' 1. AS APPROVED The words "as approved", unless otherwise qualified, shall be understood to be followed by ' the words "by the Engineer". 2. AS SHOWN, AND AS INDICATED The words "as shown" and "as indicated" shall be understood to be followed by the words "a' the Drawings". ' 3. BIDDER ' The person or persons, partnership, firm, or corporation submitting a Bid for the Work contemplated. ' 4. CONTRACT The "Contract" is the written agreement covering the performance of the Work and the furnishing of labor, materials, incidental services, tools, and equipment in the construction of the Work. It includes supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders. I ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - I - C1 I 5. CONTRACT DOCUMENTS The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions I of the Contract, the Specifications, and the Drawings, including all modifications thereof incorporated into the Documents before their execution, and including all other requirements incorporated by specific reference thereto. These form the Contract. 6. CONTRACTOR The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by the Owner. 7. DAYS Unless otherwise specifically stated, the term "days" will be understood to mean calendar days. 8. DRAWINGS The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations, details; and other working drawings and supplementary drawings, or reproductions thereof, sealed by the Engineer, which show the location, character, dimensions, and details of the Work to be performed. Drawings may either be bound in the same book as the Project• Manual or bound separately. and are a part .of the Contract. Documents, regardless of the method of binding. 9. ENGINEER• The person or organization identified as such in the Contract. The term "Engineer" means the ' Engineer or his authorized representative. 10. NOTICE ' The term "notice" or the requirement to notify, as used in the Contract Documents or applicable state or federal statutes, shall signify a written communication delivered in person or by. certified or registered mail to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended. Certified or registered mail shall be addressed to ' the last business address known to him who gives the notice. The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. L' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 2 - I ' 11. OR EQUAL The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design requirements will ' be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. 12. OWNER The person, organization, or public body identified as such in the Contract. ' 13. PLANS (See Drawings). ' 14. SPECIFICATIONS Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. ' Where portions of the Work traverse or cross federal, state, county, or local highways, roads, streets, or railroads, and the agency in control of such property has established standard specifications governing items of Work that differ from these Specifications, the most stringent requirements shall apply. ' The Contractor shall comply with all regulations and requirements of the State Highway Department and the City and County Road Departments wherever the Work traverses or crosses state, city, or county roads. 15. NOTICE TO PROCEED ' A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract time will commence to run and on which the Contractor shall start Ito perform his obligation under the Contract. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. 16. SUBSTANTIAL COMPLETION "Substantial completion" shall be that degree of completion of the Project, or a defined portion of the Project, sufficient to provide the Owner, at his discretion, the full-time use of the Project or defined portion of the Project for the purposes for which it was intended. IFY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 3 - I I Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. 17. WORK , The word "Work" within these Contract Documents shall include all material, labor, and tools; all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract; and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure. As used herein, ' "provide" shall be understood to mean "provide complete in place", that is, "furnish and install". CONTRACT DOCUMENTS 18. . INTENT OF CONTRACT DOCUMENTS ' The Contract Documents are complementary, and what is called for by one shall be as binding ' as if.called for.byall..:The.intent of the.Documents is to include all:Work (except specific items: to be.furnished.by the Owner) necessary for completion of the Contract. Materials or Work described in words which so applied have a well-known technical and trade meaning shall be held to refer to such recognized standards. 19.. DISCREPANCIES AND OMISSIONS Any discrepancies or omissions found in the Contract Documents shall: be reported to the Engineer immediately.. The Engineer will .clarify discrepancies or omissions, in writing, within a reasonable time. . In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order: CONTRACT• SUPPLEMENTARY CONDITIONS SPECIFICATIONS INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS DRAWINGS Figure dimensions on Drawings shall take precedence over scale dimensions. Detailed Drawings shall take precedence over general Drawings. It is understood and agreed that the ' Work shall be performed and completed according to the true spirit, meaning, and intent of these Documents. , 1l 20. ALTERATIONS - CHANGES IN WORK The Owner, without notice to the Sureties and without invalidating the Contract, may order changes in the Work within the general scope of the Contract by altering, adding to, or deducting from the Work, the Contract being adjusted accordingly. All such Work shall be executed under the conditions of the original Contract, except as specifically adjusted at the time of ordering such change. ' In giving instructions, the Engineer may order minor changes in the Work not involving extra cost and not inconsistent with the purposes of the Project, but otherwise, except in an ' emergency endangering life or property, additions or deductions from the Work shall be performed only in pursuance of an approved Change Order from the Owner, signed or countersigned by the Engineer, or a Change Order from the Engineer stating that the Owner has authorized the deduction, addition, or change, and no claim for additional payment shall be valid unless so ordered. ' If the Work is reduced by alterations, such action shall not constitute a claim for damages based on loss of anticipated profits. ' 21. SUB -SURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter sub -surface and/or latent conditions at the site materially ' differing from those shown on the Drawings or indicated in the Specifications, the Contractor shall immediately give notice to the Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly investigate the conditions, and if the Engineer finds that they materially differ from those shown on the Drawings or indicated in the Specifications, the Engineer will at once make such changes in the Drawings and/or the Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in the Paragraph titled "Changes in Work." ' 22. VERIFICATION OF CONTRACT DOCUMENTS The Contractor shall thoroughly examine and become familiar with all of the various parts of ' these Contract Documents and determine the nature and location of the Work, the general and local conditions and all other matters which can in any way affect the Work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. The Contractor warrants that no verbal t agreement or conversation with any officer, agent, or employee of the Owner or with the Engineer either before or after the execution of this Contract, has affected or modified any of the terms or obligations herein contained. I ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 5 - [I 1 23. DOCUMENTS TO BE KEPT ON THE JOB SITE The Contractor shall keep one copy of the Contract Documents on the job site, in good order, ' available to the Engineer and to his representatives. The Contractor shall maintain on a daily basis at the job site, and make available to the Engineer on request, one current record set of the Drawings which have been accurately marked up to indicate all modifications in the completed Work that differ from the design , information shown on the Drawings. Upon substantial completion of the Work, the Contractor shall give the Engineer one ' complete set of marked up record Drawings. Failure of the Contractor. to .submit accurate Record Drawings to the Engineer will be ' adequate justification for postponement of the Final Inspection and Final Payment. 24. ADDITIONAL CONTRACT DOCUMENTS , The Engineer will furnish to the Contractor on request and free of charge, three copies of the ' Project Manual and three sets of full-size Drawings. Additional copies of the Project Manual and the Drawings may be obtained on request by paying the price as shown in the Invitation to Bid for the Contract Documents. 25. OWNERSHIP OF DRAWINGS • AII.Drawings,. Plans, Specifications, and copies thereof furnished by.the Engineer and the 1 Owner are their property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to them on request at the completion of the Work. Any . reuse of these materials without specific written verification or adaptation by the Engineer and the Owner will be at the risk of the user and without liability or legal expense to the Engineer and the Owner. Such user shall hold the Engineer and the Owner harmless from any and all damages, including reasonable attorneys' fees, from any and all claims arising from any such reuse. Any such verification and adaptation by the Engineer and the Owner will entitle the Engineer to further compensation at rates to be agreed upon by the user and the Engineer and the Owner. All models are the property of the Owner. I H [li FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 6- , I THE ENGINEER ' 26. AUTHORITY OF THE ENGINEER ' The Engineer shall be the Owner's representative during the construction period. His authority and responsibility shall be limited to the provisions set forth in these Contract Documents. The Engineer shall have the authority to reject Work and material which does not ' conform to the Contract Documents. However, neither the Engineer's authority to act under this provision, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, their respective Sureties, any of their agents or employees, or any other person performing any of the Work. ' 27. DUTIES AND RESPONSIBILITIES OF THE ENGINEER The Engineer will make periodic visits to the site of the Project to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. He shall not be required to make comprehensive or continuous inspections to check quality or quantity of the Work, and he shall not be ' responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of his obligation to conduct comprehensive ' inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. I I I I I C I I The Engineer will make decisions, in writing, on all claims of the Owner or the Contractor arising from interpretation or execution of the Contract Documents. Such decision shall be necessary before the Contractor can receive additional money under the terms of the Contract. Changes in Work ordered by the Engineer will be made in compliance with the Article titled, ALTERATIONS - CHANGES IN WORK. One or more construction observers may be assigned to observe the Work for compliance with the Contract Documents and to act in matters of construction under this Contract. It is understood that such Construction observers shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. The Contractor shall furnish all reasonable assistance required by the Engineer or construction observer for proper review of the Work. Construction observers shall not have the power or authority to delete, increase, modify or otherwise change the requirements of the Contract Documents. The above -mentioned observation shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work and to provide adequate safety precautions, in conformance with the intent of the Contract. IFY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 7 - I I 28. REJECTED MATERIAL Any material condemned or rejected by the Engineer or his authorized construction observer ' because of nonconformity with the Contract Documents shall be removed at once from the vicinity of the Work by the Contractor at his own expense, and the same shall not be used on the Work. 29. UNNOTICED DEFECTS Any defective Work or material that may be discovered by the Engineer before the final acceptance of Work, or before final payment has been made, or during the guarantee period, shall be removed and replaced by Work and materials which shall conform•to the provisions of the Contract Documents. Failure on the part of the Engineer to condemn or reject bad or inferior Work or materials shall not be construed to imply acceptance of such Work or materials. The Owner shall reserve and retain all of its rights and remedies at law against the Contractor and its surety for correction of any and all latent defects discovered after the guarantee period. , 30. RIGHT TO RETAIN IMPERFECT WORK • : If any partor portion of the Work done or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection , in the same shall not be of sufficient magnitude or importance as to make.the Work dangerous or unsuitable, or if the removal of such Work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such Work but shall make such. deductions in.the he fmal payment therefore asmay be just and reasonable. The Owner shall, also have the option. to. require, at no added cost to the Owner, extended warranties, maintenance bonds, or other remedies to provide for repair or reconstruction of imperfect ' Work. 31. LINES AND GRADES , The Contractor shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the• times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that the Engineer may make the necessary measurements for payment to the Contractor. All stakes, marks, and other information shall be carefully preserved by the Contractor, and in case of their careless or unnecessary destruction or removal by him or his employees, such stakes, marks, and other information will be replaced at the Contractor's expense. Figured dimensions, when given in the Drawings, shall be accurately followed, even though ' they may differ from scaled measurements. No Work shown on the Drawings, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Engineers as to the dimensions to be used. Large-scale and full-size drawings shall be FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 8- ' I followed in preference to small-scale drawings. The Engineer will provide the Contractor with bench marks to be used to establish grades and will also provide a baseline to be used to establish the proper lines. All Work done under this Contract shall be done to the lines and grades shown on the Drawings. The Contractor shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that the ' Engineer may make the necessary measurements for payment to the Contractor. The Contractor shall furnish without charge competent persons from his force and such tools, stakes, surveying instruments, and other materials as the Engineer may require for reviewing the Contractor's stake -out of the Work and in making measurements for payment estimates or for surveys to establish temporary or permanent reference marks in connection with said Work. Any Work done without lines, grades, and levels being reviewed by the Engineer, or other ' representative of the Engineer, may be ordered removed and replaced at the Contractor's cost and expense. The Contractor shall carefully preserve all monuments, bench marks, reference points, and stakes, and in case of willful or careless destruction of the same, he will be ' charged with the resulting expense of replacement and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the Work, the Contractor shall have no claim for damages or extensions of time. In the case of any ' permanent monuments or bench marks which must of necessity be removed or disturbed in the construction of the Work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also fumish at his own expense such materials and assistance as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. ' 32. SHOP DRAWING SUBMITTAL PROCEDURE The Contractor shall submit a sufficient number of copies to allow the Engineer to retain four copies (2 for himself; 2 for the Owner) for review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for construction, except as noted below. Should the Contractor fail to submit acceptable shop drawings on the second submittal, one copy will be returned to him and the cost of the Engineer's time to review subsequent submittals on the unacceptable item will be deducted from the Contractor's monthly payment invoice. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days per submittal for examining the shop drawings. I ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 9 - I These shop drawings shall be accurate, distinct, and complete and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to ' the Contract Drawings and Specifications. Unless otherwise approved by the Engineer, shop drawings shall be submitted only by the Contractor, who shall indicate by a signed stamp on the shop drawings, or other approved means, that he (the Contractor) has checked the shop drawings, and that the Work shown is in accordance with Contract requirements and has been checked for dimensions and relationship with Work of all other trades involved. The practice of submitting incomplete or unchecked shop drawings for the Engineer to correct ' or finish will not be acceptable, and shop drawings which, in the opinion of the Engineer, clearly indicate that they have not been checked by the Contractor will be considered as not complying. with the intent of the Contract Documents and will be returned to the Contractor for resubmission in the proper form. • When the shop drawings have been reviewed by the Engineer, two (2) sets of submittals will be returned to the Contractor appropriately stamped. If major changes. orcorrections are necessary, the shop drawing may be rejected and one (1) set will be returned to the Contractor with. such changes or corrections indicated; and the Contractor shall convect and resubmit the shop drawings in quadruplicate, unless otherwise directed by the Engineer. No changes shall be made by the Contractor to resubmitted shop drawings other than.those changes indicated by the Engineer, -unless such changes are clearly described in -aletter accompanying the resubmitted shop drawings. The review of such shop -drawings and: catalog, cuts.by.the Engineer shall not relieve the ,- Contractor from responsibility for correctness of dimensions, fabrication details, and space • requirements or for deviationsfrom the Contract Drawings or Specifications unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for ' errors in the shop drawings. When the Contractor does call such deviations to the attention of • the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS The Engineer will furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, if, in the Engineer's opinion, such are required for the proper execution of the Work. All such drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. I FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 10- , I THE CONTRACTOR AND HIS EMPLOYEES ' 34. INDEPENDENT CONTRACTOR The Contractor shall perform all Work under this Contract as an Independent Contractor and I. shall not be considered as an agent of the Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. The Contractor shall employee only employees who are competent and skillful in their respective line of work, and local labor shall be given preference. Whenever the Engineer or the Owner notify the Contractor that any person on this work is, in their opinion, incompetent, disorderly, or refuses to carry out the provisions of this Contract, or uses threatening or abusive language to any person representing the Owner on the work or is otherwise ' unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. ' 35. SUBCONTRACTING Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer ' the names of all subcontractors proposed for the Work, including the names of any subcontractors that were submitted with the Bid. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform Work I of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. ' The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. ' Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. 36. INSURANCE AND LIABILITY A. GENERAL ' The Contractor shall provide (from insurance companies acceptable to the Owner) the tinsurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of ' all certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Each certificate shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the Owner. H FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 11 - I I 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. All insurance contracts and certificates shall be executed by a licensed resident agent of the insurance company, having his place of business in the State of Arkansas, and in all ways ' complying with the insurance laws of the State of Arkansas. Further, the said insurance company shall be duly licensed and qualified to do business in the State of Arkansas. B. 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. C_ .. 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 Contractorshall require the .subcontractor . similarly to - provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under • this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act when applicable. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. ' D. GENERAL LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract such independent contractor's 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 "X, C, ' and U." The certificate of insurance shall explicitly waive X, C, and U exclusions. Amount of insurance to be provided shall be as shown below: FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 12 - ' I 1) Contractor's Comprehensive General Liability Insurance General Aggregate: Not less than $2,000,000 Completed Operations Aggregate: Not less than $2,000,000 ' Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit 2) Contractor's Comprehensive Automobile Liability Insurance Shall include Personal Injury and Property Damage coverage for any Auto, Hired Autos, and Non -Owned Autos at a Combined Single Limit of not less than $1,000,000. 3) Contractor's Excess Umbrella Policy: $1,000,000 limit of liability policy shall be provided. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed ' under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. The Contractor's and any subcontractor's general liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of Work performed under this Contract. ' Certificates of insurance shall explicitly name the Owner and Engineer as additional insureds. Inclusion of either party as a certificate holder and does not meet this requirement. E. PROPERTY INSURANCE Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain during the life of this Contract, property insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: 1) include the interests of the Contractor, subcontractors, and the Owner as such interests may appear; 2) be written on a Builder's Risk all risks or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary '• facilities, falsework, and Work in transit. The policy shall insure against at least the following perils: fire, lightning, theft, vandalism and malicious mischief, earthquake, collapse, debris removal occasioned by enforcement of Laws and Regulations, water damage, and other such ' perils as may be specifically required by the Supplementary Conditions or Basic Requirements; 3) include expenses incurred in the repair, replacement, redesign, or reinspection of any insured property; and H ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 13 - I I 4) cover materials and equipment stored at the site, or at another location that was agreed to in writing by the Owner, prior to being incorporated in the Work. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE (OCP INSURANCE) ' The Contractor shall, at his expense, provide the Owner with a separate OCP Insurance Policy naming the Owner as the Insured and the Engineer as Additional Insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. It is understood that the coverage shall apply to all authorized representatives of the said parties. The limits of policy coverage shall be: General Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit G. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance.: The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents; and employees.. Insurance coverage for special conditions, when required, shall be provided as set forth in. the Supplementary Conditions. H. . NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. 37. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' 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 approximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee ' in the inspection of the Work that is the subject of this construction Contract. 1 I FY0 12109 Fayetteville Tennis / Basketball Courts Section 00700 - 14 - , L I I L L I L I I I I I L L I C L L 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. 38. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes, including any and all change of taxes thereof, and all withholding taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 39. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the Work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. The Contractor shall observe and comply with all applicable local, state, and federal occupational safety and health regulations during the prosecution of Work under this Contract. In addition, full compliance by the Contractor with the U. S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be required under the terms of this Contract. 40. SUPERINTENDENCE The Contractor shall keep on the Work, during its progress, competent supervisory personnel. The Contractor shall designate, in writing, before starting Work, one authorized representative who shall have complete authority to represent and to act for the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the Work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the Work under the Contract. ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 15 - I 1 41. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized representative of the Contractor, shall represent the Contractor in all directions given to him by the Engineer. Such directions of major importance will be confirmed in writing. Any direction will be so confirmed, in each case, on written request from the Contractor. 42. SANITATION 1 Sanitary conveniences conforming to state and local codes shall be erected and maintained by the Contractor at all times while workers are employed on the Work. The sanitary convenience facilities shall be as approved by the Engineer. 43. EMPLOYEES ' The Contractor shall employ only men or women who are competent and skillful in their respective line of work. Whenever the Engineer or.Owner shall notify the Contractor that any ' person on the Work is, in their opinion, incompetent, unfaithful, or disorderly or. refuses to carry outthe provisions of this Contract or uses threatening or abusive language to any person representing the Owner on the Work, or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. 44. PROJECT MEETINGS The Engineer may conduct Project meetings, as he deems necessary, for the purposes of discussing and resolving matters concerning the various elements of the Work. Time and place for these meetings and the names of persons required to be present shall be as directed by the Engineer. Contractor shall comply with these attendance requirements and shall also require his subcontractors to comply. 45. SAFETY 1 The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U. S. Department of Labor (OSHA); the State Labor Department Laws; all other applicable federal, state, county, and local laws, ordinances, and codes; the requirements set forth below; and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. r FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 16 - ' Li H I I I The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. ' The Contractor, as a part of his safety program, shall maintain at his office or other well- known place at the job site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all articles necessary for giving first aid to the injured, and shall ' establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the job site. ' If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising ' out of, or in connection with, the performance of the Work whether on, or adjacent to, the site, giving full details and statements of witnesses. I C I I I C C H If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 46. CONTRACTOR'S TOOLS AND EQUIPMENT The Contractor's tools and equipment used on the Work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the Work specified, and shall be maintained and used in a manner that will not create a hazard to persons or property, or cause a delay in the progress of the Work. 47. PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. The Contractor shall at all times safely guard and protect from damage his own Work, and that of adjacent property (as provided by law and the Contract Documents). All passageways, guard fences, lights, and other facilities required for protection by federal, state, or municipal laws and regulations and local conditions, must be provided and maintained. The Contractor shall protect his Work and materials from damage due to the nature of the Work, the elements, carelessness of other Contractors, or from any cause whatever until the completion and acceptance of the Work. All loss or damages arising out of the nature of the IFY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 17 - I I Work to be done under these Contract Documents, or from any unforeseen obstruction or defects which may be encountered in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor. In addition, the Contractor shall take special precautions to prevent the "flotation" of all tanks and structures prior to their final acceptance and filling for beneficial use. The Contract price shall include all costs associated with such special precautions. Also, the Contractor shall not load or permit any part of any structure to be loaded with a weight that will endanger its safety or its structural integrity. 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY In case. of an emergency which threatens loss or injury of property, and/or safety of life, the 1 Contractor shall act, without previous instructions from the Owner or Engineer, as the situation may warrant. The Contractor shall notify the Engineer thereof immediately thereafter. Any claim for compensation by the Contractor, together with substantiating documents in regard to expense; shall be submitted to the Owner through the Engineer and the amount of compensation shall be determined by agreement. 49. MATERIALS AND APPLIANCES Unless otherwise stipulated,. the Contractor shall provide and. pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. In selecting and/or approving equipment for installation in the Project, the Owner and Engineer assume no responsibility for injury or claims resulting from failure of the equipment to comply with applicable national, state, and local safety codes or requirements, or the safety requirements of a recognized agency, or failure due to faulty design concepts, or defective workmanship and materials. L I I I FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 18- I I r 50. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, 'OSHA, AND OTHER CODE REQUIREMENTS 1 The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work (including Owner -selected equipment) subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. Contractors shall notify all equipment suppliers and subcontractors of the provisions of this Article. ' 51. SUBSTITUTION OF MATERIALS Except for Owner -selected equipment items and items where no substitution is clearly ' specified, whenever any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of manufacturer, or by catalog number, such specifications shall be deemed to be used for the purpose of establishing a standard of quality and facilitating the description of the material or process desired. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design, and shall be ' deemed to be followed by the words "or equal". The Bidder may, in such cases, submit complete data to the Engineer (with his Bid, as stipulated hereinbefore) for consideration of another material, type, or process which shall be substantially equal in every respect to that so ' indicated or specified. Substitute materials shall not be used unless approved in writing. The Owner or his authorized agent will be the sole judge of the substituted article or material. 52. TESTS, SAMPLES, AND INSPECTIONS The Contractor shall furnish, without extra charge, the necessary test pieces and samples, '• including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. The Owner, Engineer, authorized government agents, and their representatives shall at all ' times be provided safe access to the Work wherever it is in preparation or progress, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. ' If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give timely notice of ' its readiness for inspection. Inspections to be conducted by the Engineer will be.promptly made, and where practicable, at the source of supply. If any Work should be covered up without approval or consent of the Engineer, it shall be uncovered for examination at the Contractor's expense. FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 19 - I I 53. ROYALTIES AND PATENTS The Contractor shall pay all royalty and license fees, unless otherwise specified. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Engineer harmless from any and all loss, including reasonable attorneys' fees, on account thereof, up to the amount of the Contract Price. 54. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT I If the Work should be stopped under an order of any court or other public authority for a period of more than 3 months, through no act or fault of the Contractor, its Subcontractors, or respective employees or agents, then the Contractor may, upon 15 days' written notice to the Owner and the Engineer, if said default has not been cured, stop Work or terminate this Contract and recover from the Owner payment for the reasonable value of Work performed. 55. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD The Contractor hereby agrees to make, at his own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which become evident within 1 year.after the date of final acceptance of the Work or within 1 year after the date of substantial completion established by the Engineer for specified items of equipment, or within such longer period of time as may be prescribed by laworby the terms of any applicable • special guarantee required by the Contract Documents.H The Contractor further assumes responsibility for a similar guarantee for all Work and materials provided by subcontractors or manufacturers of packaged equipment components. The effective date for the start of the guarantee or warranty period for equipment qualifying as substantially complete is defined in Article 16, SUBSTANTIAL COMPLETION, and Article 67, SUBSTANTIAL COMPLETION DATE, in these General Conditions. The Contractor also agrees to hold the Owner and the Engineer harmless from liability of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order for same from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the Work, and the Contractor and his Surety shall be liable for the cost thereof. Any additional requirements for the Project relative to correction of defective Work after final acceptance are set forth in the Supplementary Conditions. PROGRESS OF THE WORK 56. BEGINNING OF THE WORK Before Work shall be started and materials ordered, the Contractor shall meet and consult with the Owner and/or Engineer relative to materials, equipment, and all arrangements for prosecuting the Work. FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -20- I 1 ' 57. SCHEDULES AND PROGRESS REPORTS The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, records, and other data as the Owner may request concerning Work performed or to be performed under this Contract. Construction Schedule Requirements: The Contractor shall comply with the following requirements concerning construction scheduling and payments: I. The Contractor shall submit a construction schedule of the bar graph type (or other approved type) prior to the preconstruction conference showing the following information as a minimum: a. Date of Notice to Proceed with Contract Work. ' b. Actual date construction is scheduled to start if different from the date of Notice to Proceed. c. Contract completion date. Id. Beginning and completion dates for each phase of Work. e. The dates at which special detail drawings are required. f. Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, and the installation of materials, supplies, and equipment. g. All construction milestone dates. h. A separate graph showing Work placement in dollars versus Contract time. The schedule shall incorporate approved Contract changes. The schedule shall be maintained in an up-to-date condition monthly and shall be available for inspection at the construction site at all times. ' The construction schedule shall be submitted in conjunction with and/or in addition to any other requirements concerning schedules within these Specifications. ' The construction schedule shall be updated and submitted with each monthly request for payment. Should the Contractor fall behind said schedule, he shall present in writing to the owner a revised plan of action to complete the project on time. Methods may include, but are not limited to additional manpower, equipment, working overtime, etc.. As may be required. Also, the construction schedule shall be revised accordingly. Failure to submit such revised FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -21 - I construction schedule and written explanation shall be reason to withhold payment entirely or reduce payment substantially. 58. PROSECUTION OF THE WORK It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the Work are the essence of this Contract. The Work shall be prosecuted at such time, and in or on such part or parts of the Project as maybe required, to complete the Project as contemplated in the Contract Documents and the approved construction schedule. Regular Work hours shall be from 7:00 a.m.. to 6:00 p.m. Monday through Friday. No Work requiring the presence of the Engineer's representative will be performed outside of regular Work hours. The. cost of additional engineering services will be basedupon actual hours worked (labor cost x 3) plus out-of-pocket expenses such as lodging, mileage, materials, etc. Otherwise, the . Contractor may. perform clean-up work only outside of regular hours (including Saturdays and Sundays). No Work will be accomplished on holidays. 59. ASSIGNMENT Neither party to the Contract shall. assign thefl Contract or.sublet. it as a whole, without the written consent of the other, nor shall the Contractor assign any monies due or to become due ' • to.him hereunder.without the previous written consent of the Owner. 60. OWNER'S RIGHT TO DO WORK •, If the Contractor should, in the opinion of the Engineer, neglect to prosecute the Work properly. or should neglect or refuse at his own cost to take up and replace Work as shall have been rejected by the Engineer, then the Owner shall notify the Surety of the condition, and after 10 days' written notice to the Contractor and the Surety, or without notice if an .emergency or danger to the Work or public exists, and without prejudice to any other right which the Owner may have under the Contract, take over that portion of the work which has been improperly executed or uncompleted, and make good the deficiencies and deduct the cost thereof from the payments then or thereafter due the Contractor, and if such payments are not sufficient thereof, charge the cost to the Contractor and its surety. 61. OWNER'S RIGHT TO TRANSFER EMPLOYMENT ' If the Contractor should abandon the Work or should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract or , FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -22- I [: any laws or ordinance. The Owner may, without prejudice to any other right or remedy, and after giving the Contractor and Surety 7 days' written notice, transfer the employment for said Work from the Contractor to the Surety. Upon receipt of such notice, such Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under this Contract and employ, by Contract or ' otherwise, any qualified person or persons to finish the Work and provide the materials therefore, in accordance with the Contract Documents, without termination of the continuing ' full force and effect of this Contract. In case of such transfer of employment to such Surety, the Surety shall be paid in its own ' name on estimates according to the terms hereof without any right of the Contractor to make any claim for the same or any part thereof. ' If after the furnishing of said written notice to the Surety, the Contractor and the Surety still fail to make reasonable progress on the performance of the Work, the Owner may terminate the employment of the Contractor and take possession of the premises and of all materials, ' tools, and appliances thereon and finish the Work by whatever method he may deem expedient and charge the cost thereof to the Contractor and Surety. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the expense of completing the Contract, including compensation for additional managerial and administrative services, shall exceed such unpaid balance, the Contractor and the Surety shall pay the difference to the Owner. 62. OWNER'S RIGHT TO SUSPEND OR TERMINATE WORK Owner may suspend work under the following conditions: At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension ' of the Contract Times, or both, directly attributable to any such suspension if Contract makes an approved claim therefor as provided in per the General Conditions. ' Owner may terminate: Upon the occurrence of any one or more of the following events: 1. If Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established in the Contract Documents. 2. If Contractor disregards Laws or Regulations of any public body having jurisdiction. ' 3. If Contractor disregards the authority of the Engineers. 4. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents. FY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 23 - n H I Owner may, after giving Contractor (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor —s tools, appliances, construction equipment, and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work such ' excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and when so approvedby Engineer incorporated in a Change Order, provided that when exercising any • rights or remedies under the paragraph Owner shall not be required to obtain the lowest price for the Work performed.• ' Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter • accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. • Upon seven days'.written notice to Contractor and. Engineer, Owner may, without cause and ' • without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Contractor shall be paid (without duplication of any items): 1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work. 2. - For expenses sustained prior to the effective date of termination in performing services • and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and ' profit on such expenses. 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others. ' 4. • For reasonable expenses directly attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other I economic loss arising out of or resulting from such termination. I I FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -24- I I 63. DELAYS AND EXTENSION OF TIME If the Contractor is delayed in the progress of the Work by any separate Contractor employed by the Owner, or by strikes, lockouts, fire, excessive adverse weather conditions not reasonably anticipated (on the basis of official weather records from the past ten years, minimum, from the locality involved), or acts of God, the Contractor shall, within 48 hours of the start of the occurrence, give written notice to the Owner of the cause of the potential delay and estimate the possible time extension involved, and within 7 days after the cause of delay has been remedied, the Contractor shall given written notice to the Owner of any actual time extension requested as a result of the aforementioned occurrence; then the Contract time may be extended by Change Order for such reasonable time as the Engineer determines. It is agreed that no claim shall be made or allowed for any damages which may arise out of any delay caused by the above referenced acts or occurrences, other than claims for the appropriate extension of time. ' No extension of time will be granted to the Contractor for delays occurring to parts of the Work that have no measurable impact on the completion of the total Work under this Contract; nor will extension of time be granted for delays to parts of Work that are not located 1 on the critical path if the Critical Path Method (CPM) is used for scheduling the Work. No extension of time will be considered for weather conditions normal to the area in which ' the Work is being performed. Unusual weather conditions, if determined by the Engineer to be of a severity that would stop all progress of the Work, may be considered as cause for an ' extension of Contract completion time. The Contractor shall provide official documentation of weather conditions experienced versus those anticipated as described above. Delays in delivery of equipment or material purchased by the Contractor or his subcontractors (including Owner -selected equipment) shall not be considered as a just cause for delay. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. Within a reasonable period after the Contractor submits to the Owner a written request for an extension of time, the Engineer will present his written opinion to the Owner as to whether an extension of time is justified, and, if so, his recommendation as to the number of days for time extension. The Owner will make the final decision on all requests for extension of time. In no event shall the Contractor be entitled under this Contract to collect or recover any damages, loss, or expense incurred by any delay other than as caused by the Owner, as stipulated in the Article titled, NOTICE OF CLAIM FOR DELAY. I I IFY012109 Fayetteville Tennis / Basketball Courts Section 00700 - 25 - I I 64. LIQUIDATED DAMAGES , The Work shall begin at the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall be completed within the number of consecutive calendar days, or by the calendar date, stated in the accepted Bid and Contract. The time shall be computed from and including the date stated in the Notice to Proceed. It is agreed that time is of the essence of this Contract. ' The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate or progress as will insure full completion thereof within the time ' specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the, time for the completion of the Work described herein is a reasonable time for the completion of the. same, taking into consideration the average climatic range and usual construction conditions prevailing in this locality. If the Contractor shall neglect, fail, or refuse to complete the Work within the time herein ' specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, a penalty put as liquidated damages for such breach of Contract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after.the time stipulated in the Contract for completing the Work. The said.amount-is fixed and agreed upon by and between the Contractor and the Owner • because of the impracticability. and. extreme difficulty of fixing and ascertaining the actual damages which.the Owner. would in.such event.sustain, and said amount shall be retained from time to time by the Owner from current periodic pay estimates. 65. OTHER CONTRACTS ' The Ownerreserves the right.to.award other Contracts in connection with the Work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work and shall- properly connect and coordinate his Work with theirs. If any part of the Work under this Contract depends on the prior acceptable completion of Work by others under separate Contract(s), the Contractor shall inspect and promptly report to the Engineer any defects in such Work that would adversely affect the satisfactory completion of the Work under this Contract. The Contractor's failure to so inspect and report shall constitute acceptance of the Work by others as being suitable for the proper reception and , completion of the Work under this Contract, excluding, however, those defects in the Work by others that occur after the satisfactory completion of the Work specified hereunder. fl H FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -26- , I 66. USE OF PREMISES The Contractor shall confine his equipment, the storage of materials, and the operation of his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or ' directions of the Engineer, and shall not unreasonably encumber the premises with his materials. The Contractor shall provide, at his own expense, the necessary rights -of -way and ' access to the Work which may be required outside the limits of the Owner's property. 67. SUBSTANTIAL COMPLETION DATE The Engineer may, at his sole discretion, issue a written notice of substantial completion for the purpose of establishing the starting date for specific equipment guarantees, and to establish the date that the Owner will assume the responsibility for the cost of operating such equipment. Said notice shall not be considered as final acceptance of any portion of the Work or relieve the Contractor from completing the remaining Work within the specified time and ' in full compliance with the Contract Documents. Such substantial completion shall not relieve Contractor from liquidated damages should the ' Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. I I H I I I I Substantial completion of an operating facility shall be that degree of completion that will provide a minimum of 7 continuous work days of successful operation in which all performance and acceptance testing has been successfully demonstrated to the Engineer. All equipment contained in the Work, plus all other components necessary to enable the Owner to operate the facility in the manner that was intended, shall be complete on the substantial completion date. See "SUBSTANTIAL COMPLETION" under Article DEFINITIONS, of these General Conditions. 68. PERFORMANCE TESTING Operating equipment and systems shall be performance tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under such simulated operating conditions as recommended or approved by the Engineer. Schedule such testing with the Engineer at least 1 week in advance of the planned date for testing. 69. OWNER'S USE OF PORTIONS OF THE WORK The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work. Such use shall not be considered as final acceptance of any portion of the Work, nor shall such use be considered as cause for an extension of the Contract completion time, unless authorized by a Change Order issued by the Owner. FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -27- H I 70. CUTTING AND PATCHING The Contractor shall do all cutting, fitting, or 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 Work of other Contractors shown upon or reasonably implied by the Drawings. Any defective Work or material, performed or furnished by the Contractor, that may be discovered by the Engineer before the final acceptance of the Work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the Contractor. 71. CLEANING UP I The Contractor shall, at all times, at his own expense, keep property on which Work is in progress and the adjacent property free from accumulations of waste material or rubbish ' caused by employees or by the Work. Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish, and waste materials resulting from his operations. i ' PAYMENT 72. PAYMENT FOR CHANGE ORDERS Payment or credit for any: alterations covered by a Change Order.shall be. determined by one or ' a combination of the methods set forth in A, B, or C below as applicable: A. UNIT PRICES. If applicable, those unit prices stipulated in the Bid, shall be utilized. ' If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually agreed upon. B. LUMP SUM. A total lump sum for the Work may be negotiated as mutually agreed upon by the Contractor and Owner. ' In "A" and "B" above, Contractor's quotations for Change Orders shall be in writing and firm for a period of 90 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the Work or alteration defined in the Change Order. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the Work or alteration plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. I FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -28- I I The Owner's request for quotations on alterations to the Work shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. Lump sum quotations for alterations to the Work shall include substantiating documentation with an itemized breakdown of ' Contractor and subcontractor costs, including labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. IC. FORCE ACCOUNT WORK. If the method of payment cannot be agreed upon prior to the beginning of the Work, and the Owner or the Engineer directs that the Work be done by written Change Order or on a force account basis, then the Contractor shall ' furnish labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time. For the Work performed, payment will be made for the documented actual cost of the following: 1) Labor, including foremen, who are directly assigned to the force account Work: (actual payroll cost, including wages, fringe benefits as established by negotiated ' labor agreements, labor insurance, and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by the Owner. ' 2) Material delivered and used on the designated Work, including sales tax, if paid for by the Contractor or his subcontractor. ' 3) Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4) Additional bond, as required and approved by the Owner. 5) Additional insurance (other than labor insurance) as required and approved by the Owner. ' To costs under 72C, FORCE ACCOUNT WORK, there shall be added the following fixed fees for the Contractor or subcontractor actually performing the Work: A fixed fee not to exceed 15 percent of the cost of all items above. ' The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. LJ FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -29- I I For equipment under Item 3 above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of Work paid for on a force account basis and the costs. of other operations. The Contractor shall furnish the Engineer report sheets in • duplicate of each day's force.account Work no later than the working day following the performance of said Work. The daily report sheets shall itemize the materials used, and • shall. cover the. direct cost of labor and the charges for equipment rental, whether • furnished by the Contractor; subcontractor, or other forces. • The daily.report sheets shall provide names or identifications and classifications of • workers, the hourly rate of pay and hours worked, and also the size, type, and • identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent daily• report sheets. . Said daily report sheets shall be signed by.the Contractor or his authorized agent. • To receive partial, payments and. final payment for force account Work, the Contractor ' • shall submit in a manner approved by the Engineer, detailed and complete documented verification of the Contractor's and any of his subcontractors' actual current costs involved in the force account Work pursuant to the issuance of an approved Change • Order. Such costs shall be. submitted within 30 days after said Work has been performed. , No payment will be made for Work billed and submitted to the Engineer after the 30 - day period has expired. No extra or additional Work shall be performed by the Contractor, except in an emergency endangering life or property, unless in pursuance of a written Change Order, as provided in ALTERATIONS -CHANCES IN WORK. I I I FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -30- 1 I 73. PARTIAL PAYMENTS A. GENERAL ' Nothing contained in this Article shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid Work, should such Work be later found not to comply with the provisions of the Contract Documents. All estimated quantities ' of Work for which partial payments have been made are subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of Work ' performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. For public works projects, each partial payment request and final payment request shall. contain an affidavit by the Contractor that all provisions of the applicable "federal and state requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. ' B. ESTIMATE AND PAYMENT Before the first working day of each calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the ' value, on the date of the estimate for partial payment, of the Work completed in accordance with the Contract Documents, and the value of approved materials delivered to the Project site suitably stored and protected prior to incorporation into the Work. If ' the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the ' Owner for payment. An estimate of monthly progress payments shall be provided for the entire job prior to ' the first payment request. An update of the estimate of progress payments shall be updated if the actual progress differs by more than 20 percent in any given month. Each monthly payment request shall include the required updated Schedule. ' If the updated Schedule is not submitted, the Owner may withhold payment until this item is completed. The Contractor shall be paid within 30 days of approval of the ' payment request. C. DEDUCTION FROM ESTIMATE Unless modified in the Supplementary Conditions, deductions from the estimate will be as described below. The Owner will deduct from the estimate, and retain as part ' security, 10 percent of the amount earned for Work satisfactorily completed. However, no deduction or retainage will be made on the approved items of material delivered to and properly stored at the job site but not incorporated into the Work. When the Work FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -31- El is 50 percent complete, the Owner may "freeze" the retainage at 5 percent of the dollar value of the total contract provided that the Contractor is making satisfactory progress and there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent of the dollar value of "Work complete to date" if the Owner determines, at his discretion, that the Contractor is not making satisfactory progress or where there is other specific cause for such withholding. NOTE: Exception --If the Work includes water or sewer pipelines, the Contractor shall ' maintain the Work for a period of ninety (90) days following its acceptance by the OWNER. Up to . five percent (5%) of the Contract amount shall be retained during this maintenance period. All prior payments shall be subject to correction in the final , payment. This 90 -day period does not relieve the Contractor of the Performance and Payment • _Bond requirements regarding warranty of the Project. In such cases, the semi-final • payment estimate shall indicate the initial acceptance of the Work, and the warranty shall begin on such date. , D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS DELIVERED Unless modified in the Supplementary Conditions, qualification for partial payment for ' materials delivered but not yet incorporated in to the Work shall be as described below. Materials, as usedherein; shall be considered to be those items which are fabricated or manufactured material and equipment. To receive partial payment for materials delivered to the site, but not incorporated in the Work, it shall be necessary for the Contractor to include invoices of such materials and documentation warranting that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein; all of which must be satisfactory to Owner. At the time of the next partial payment request, the Contractor must submit the ' following documentation relative to materials paid on the previous partial payment: paid invoices of such materials or other documentation warranting that the Owner has , received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (i.e., all materials have been paid for by Contractor). Failure to submit this documentation will result in an appropriate reduction on the , current partial payment estimate for such materials. At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Work, all materials remaining for, FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -32- I I F] I I I I I I I I I L I I I I I I which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. E. PAYMENT After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor within 30 days of the Owner's receipt of an approved request, except where the Owner is a municipality or other agency whose laws require the approval of each payment by a council or similar body, in which case, the payment shall become due and payable 10 days after the first regularly -scheduled meeting in the month following the submittal of such payment request. 74. CLAIMS In any case where the Contractor deems additional compensation is due him for Work or materials not clearly covered in the Contract or not ordered by the Engineer according to provisions of Article 20 ALTERATIONS - CHANGES IN WORK, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the Work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. Claims for additional compensation shall be made in itemized detail and submitted, in writing, to the Owner and Engineer. within 10 days following completion of that portion of the Work for which the Contractor bases his claim.. In case the claim is found to be just, it shall be allowed and paid for as provided in the Article titled, PAYMENT FOR CHANGE ORDERS. 75. NOTICE OF CLAIM FOR DELAY If the Contractor intends to file a claim for additional compensation for delay caused by the Owner at a particular time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and need not state the amount. No claim for additional compensation will be considered unless the provisions of Article 61, DELAYS AND EXTENSION OF TIME, are complied with, and a notice of claim has been filed with the Owner in writing, as stated above. ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -33- [1 1J Should the Owner be prevented or enjoined from proceeding with Work, either before or after its prosecution, or from authorizing its prosecution by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the Work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay, with such determination to be set forth in writing. ' 76. RELEASE OF LIENS OR CLAIMS The Contractor shall indemnify and save harmless the Owner from all claims for labor and materials furnished under this Contract. Prior to the final payment, the Contractor shall furnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the Project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the Project, and that the hourly wages paid to all persons on the Project were in accordance with the applicable wage , scale determinations. 77. FINAL PAYMENT , Upon. completion of all of the Work under this Contract, the Contractor shall notify the , Engineer, in writing, that he has completed his part of the Contract and shall request final inspection. • Upon receipt of the Contractor's. written notice that the Work is ready for final inspection, the ' Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed •Work and as to the final estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner and compliance with provisions in Article titled, RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage ' certification. 78. NO WAIVER OF RIGHTS Neither the inspection of the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole , or any part of the Work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract, or any power herein reserved to the Owner, or any right to damages herein provided nor shall any waiver of any breach in this Contract be held to be a waiver of any other or subsequent breach. I FY0 12109 Fayetteville Tennis / Basketball Courts Section 00700 - 34 - I I 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE ' The acceptance by the Contractor of the final payment shall release the Owner and the Engineer, as agent of the Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the Work, and every act of the Owner and others relating to or arising out of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from obligations under this Contract and the Performance and Payment Bonds, and other bonds and warranties, as herein provided. I '_I I I I I I I I I I I I END OF GENERAL CONDITIONS DOCUMENT 00700 ' FY012109 Fayetteville Tennis / Basketball Courts Section 00700 -35- I ' DOCUMENT 00800 ' SUPPLEMENTARY CONDITIONS ' The GENERAL CONDITIONS are hereby revised as follows: ' ARTICLE 7.5 "DEFECTIVE WORK" Add the new article as follows: ' Work that is unsatisfactory, faulty, or deficient in that such Work does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference ' standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation for final payment (unless the Owner has assumed responsibility for protection thereof at Substantial Completion). ARTICLE 9. "ENGINEER" ' Delete the first sentence. ARTICLE 16. "SUBSTANTIAL COMPLETION" ' Replace the word "Project" wherever it occurs with the word "Work". ' Delete the second paragraph and add the following: Substantial Completion shall be evidenced by a definitive Certificate of Substantial ' Completion or by the Engineer's written recommendation that the Work is complete and ready for final payment. The date of Substantial Completion shall be the effective date on the certificate or the date the Engineer recommends for final payment, whichever occurs first. ' ARTICLE 28. "REJECTED MATERIAL" Delete entirely and replace with the following: ARTICLE 28. "REJECTED WORK" Any Work condemned or rejected as defective by the Engineer shall be removed at once from the vicinity of the Work by the Contractor at his own expense (unless such Work is ' Owner -provided material equipment) and shall not be used on the remainder of the Work. ARTICLE 36. "INSURANCE AND LIABILITY", SUBARTICLE E "PROPERTY ' INSURANCE" Delete the requirement for Property Insurance. 1 FY012109 Fayetteville Tennis / Basketball Courts Section 00800 - 1 I ARTICLE 52. "TESTS, SAMPLES, AND INSPECTIONS" Add the following: , COMPACTION AND CONCRETE TESTING , Owner's materials testing agency shall conduct field soil density/moisture content and concrete testing as required by Owner, Engineer, and the Contract documents. The Owner shall pay for all such initial testing. Contractor shall provide the testing agency 24 hours prior notice for any testing. The Contractor shall pay: for all retesting necessitated by unsatisfactory results of initial testing, for all testing not specifically required by Owner, Engineer, or Contract Document; and for any stand-by time charged by the testing agency for Contractor delay. Contractor shall also be responsible for the safe storage of molded concrete cylinders and delivery of same to the testing agency's laboratory. I ARTICLE 55. "CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY . PERIOD" I Delete entirely and replace with the following: ARTICLE 55. "CONTRACTOR'S GENERAL WARRANTY & GUARANTEE & CORRECTION PERIOD" The Contractor warrants. and guarantees to the Owner that all Work will be in accordance with.the Contract Documents and will not be Defective Work. The Contractor's warranty and guarantee excludes defective Owner -provided material and equipment; however, it does not exclude the Contractor's workmanship in incorporating such material and equipment in the remainder of the Work. If, within one year after the date of Substantial Completion or longer period of time as• prescribed by Laws, Regulation,'or specific provisions of the Contract Documents, any Work is found to be Defective Work, the Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instruction. 1) Correct the Defective Work or remove and replace it with Work that is not I defective, and satisfactorily correct or remove and replace any damage to other Work resulting therefrom. Where Defective Work (and damage to other Work resulting therefrom has been corrected, removed or replaced under this Article, the warranty and guarantee period shall be extended for an additional year after the date the Owner accepts such correction or removal and replacement. I I C I FY012109 Fayetteville Tennis / Basketball Courts Section 00800-2 , I L I I I I I I I 11 Engineer's Observation Hours: Contractor is expected to schedule and prosecute the ' Work in a manner that will not require observation for more than 40 hours per week, on Sundays, or on legal holidays. Contractor shall reimburse Owner for all observation in excess of 40 hours per week or on Sundays or holidays (such holidays ' being New Years Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day). The method of reimbursement shall be a deduction from monies due Contractor on pay requests and shall be calculated as follows: ' $55/hour times the sum of all observers' hours, as recorded on certified time sheets as devoted to this project, less 40 hours -or- $55 x (SUM0B3,-40). ' ARTICLE 67 "SUBSTANTIAL COMPLETION DATE" Delete entirely. If the Contractor fails to promptly make such correction or removals and replacements, or in an emergency where delay would cause serious risk loss or damage, the Owner may have the Defective Work corrected or removed and replaced. In such instance the Contractor shall pay all resulting claims, costs, losses and damages. ARTICLE 58 "PROSECUTION OF THE WORK" Delete and replace with 58. "PROSECUTION OF THE WORK; WORKING HOURS; OBSERVATION HOURS" Owner and Contractor expressly understand and agree that the time of beginning, rate of progress, and time of completion of the Work are of the essence in this Contract. Contractor shall prosecute the Work at such time and in such parts of the Work as may be required to complete the Work within the Contract Times or on or before the dates established for completion, except as limited below. Contractor's Working Hours: Except as otherwise required for the safety or protection of persons, the Work, or property at or adjacent to the site, and except as otherwise stated in the Contract Documents, Contractor shall limit work at the site to period between 7:00 A.M. and 6:00 P.M., Monday through Friday. Contractor will not permit work outside these hours or on Saturday, Sunday or legal holiday without Owner's consent (which will not be reasonably withheld) and prior notice to Engineer. The intent of this limitation is to minimize the impact of construction work on those living or conducting business near or adjacent to the site. END OF SUPPLEMENTARY CONDITIONS I I ' FY012109 Fayetteville Tennis / Basketball Courts Section 00800-3 I rT HJ SECTION 01009 ' SUMMARY OF WORK ' PARTI GENERAL 1.01 REQUIREMENTS INCLUDED IA. This section describes the project in general, and provides overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in applicable Specification sections and is shown on the Drawings. The Contractor ' shall, except as otherwise specifically stated herein or in any applicable parts of the Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper ' execution, and completion of his work. 1.02 REASONABLY IMPLIED PARTS OF THE WORK SHALL BE DONE THOUGH ' ABSENT FROM SPECIFICATIONS A. Any part of the work which is not mentioned in the Specifications but is shown on t the Drawings, or any part not shown on the Drawings but described in the Specifications, or any part not shown on the Drawings nor described in the Specifications, but which is necessary or normally required as a part of such work, or is necessary or required to make each installation satisfactorily and legally operable, ' shall be performed by the Contractor as incidental work without extra cost to the Owner, as if fully described in the Specifications and shown on the Drawings, and the expense thereof shall be included in the applicable unit prices or lump sum bid for ' the work. 1.03 DESCRIPTION OF THE PROJECT A. Work included in these contract documents consist of Resurfacing Existing Tennis and Basketball Courts at Wilson Park and Walker Park, complete and in ' place as shown on the drawings. Wilson Park Court Resurfacing will be for Four (4) Tennis Courts. Walker Park Court Reconstruction will be for Two (2) Tennis Courts and One (1) Basketball Court. More specifically, the surfacing of courts ' located at Wilson Park and Walker Park will require the following; 1. Mobilization / Demobilization for Wilson Park and Walker Park. 2. Site and Surface Preparation, Fence Removal and Construction, Stripping, Excavation and Backfill. 3. Granular Fill Base for Slab and Subbase Drainge. 4. Resurfacing according to the approved Specific Method as described herein. - ' 5. Tennis Court Net Posts, Nets, Center Straps and Ground Anchors, (Wilson Park and Walker Park). 6. Basketball Court Goal Post and Backboard Construction,(Walker ' Park). 7. Landscaping, Finish Grading and Seeding / Sodding. 8. Concrete Swale Walker and Wilson Park. IFY012109 Fayetteville Tennis / Basketball Courts Section 01009-1 I I 9. Area Inlet and storm pipe at Walker Park. 10. Erosion Control PART 2 PRODUCT , 2.01 MATERIALS A. Products shall be as specified or as approved by the Engineer of Record. , PART 3 CONTRACTOR'S RESPONSIBILITIES , 3.01 GENERAL CONSTRUCTION WORK A.... The Contractor shall execute all work, including additions to the Tennis and Basketball Courts at Wilson Park and Walker Park and Final Cleanup. B. . The Contractor. shall. coordinate his work with the Engineer and the City of Fayetteville ' Parks Division. C. ..The Contractor shall also: 1. Pay for all electrical energy consumed for construction purposes. 2.. . Provide an adequate supply of potable drinking water for use by his employees and bythe Engineer and the Construction Observer. 3. Provide and maintain fire protection during the entire construction period. 4. . Provide and utilize safe construction practices and devices that will protect people from unsafe activity and prevent accidents from occurring during the entire construction process. 5. Coordinate with the Engineer and the Owner all interruptions to normal Park , Activities including but not limited to parking areas, sidewalks, pavilions, restrooms, lighting, reservations and scheduled activities in said parks. 3.02 DRAWINGS A. Drawings are bound separately and consist of 10 Sheets. END OF SECTION ' F FY012109 Fayetteville Tennis / Basketball Courts Section 01009-2 , SECTION 01025 MEASUREMENT AND PAYMENT UNIT PRICE PART 1. GENERAL 1.1 SECTION INCLUDES A. Scope of Payment. B. Unit Price Items. 1.2 RELATED SECTIONS A. Document 00300 - Bid. B. General Conditions. C. Section 01001 - Basic Requirements. 1.3 SCOPE OF PAYMENT A. The Bid for each item of Work listed in the Unit Price Bid of the Bid, whether lump sum amount or unit price based on the approximate quantity listed, shall include all costs as specified in Document 00300. B. Reasonably implied parts of the Work shall be included in the Bid, as specified in Section 01001. C. Payments for lump sum items shall be made in proportion to the amount of Work accomplished as determined by the Engineer as of the period ending date of each Application for Payment. D. Measurement of unit price items will be made by Engineer for actual quantities installed as of the period ending date of each Application for Payment. Unless otherwise stated, the intent is to pay for actual quantities installed. Contractor shall assume the risk of actual quantities being less than estimated quantities and Owner shall assume the risk of actual quantities being more than estimated quantities. FY012109 Fayetteville Tennis / Basketball Courts 01025-1 I 1.4 UNIT PRICE ITEMS WALKER PARK BID SCHEDULE A. Item No. 1 — Remove & Dispose of Fence. Net and Goal Posts and Asphalt. 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor, materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. C I I I I L, H IL I I I I I B. Item No. 2 —Select Fill @ 95% SPD — 12" Depth. 1. Unit of measure: C.Y. 2. This item shall compensate the Contractor for furnishing all labor, materials, equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. C. Item No. 3 — Class 7 Base @ 95% SPD- 6" Depth. 1. Unit of measure: TON 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. D. Item No. 4 —Hot Mix Asphalt — 3" Depth. 1. Unit of measure: TON 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications E. Item No. 5 — Perimeter Embankment Material. 1. Unit of measure: C.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. F. Item No. 6 —_Select Topsoil for Perimeter. 1. Unit of measure: C.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications G. Item No. 7 —Seed/Straw/Fertilizer. 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. ' FY012109 Fayetteville Tennis / Basketball Courts 01025-2 u H. Item No. 8 — 4: PVC Conduit for Future Electrical. Ii. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the ' drawings and in the specifications. I. Item No. 9 —Area Inlet. Ii. Unit of measure: L.S. 2. This item shall compensate the Contractor for furnishing all labor, materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. J. Item No. 10 — 12" CMP with Connection to existing Drain outlet. Ii. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. K. Item No. 11 — Concrete Swale 4' x 4". ' 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor. materials. ' equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. L. Item No. 12-10 VF Green Chain Link Fence with Gates. 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor, materials. ' equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. '• M. Item No. 13 — Tennis Net Posts. 1. Unit of measure: EA. 2. This item shall compensate the Contractor for furnishinE all labor, materials. ' equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. IN. Item No. 14 — Basketball Goals w/nets. 1. Unit of measure: EA 2. This item shall compensate the Contractor for furnishing all labor, materials. ' equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. 1 I IFY012109 Fayetteville Tennis / Basketball Courts 01025-3 I I H I I u I C C L1 I I J J I I I O. Item No. 15 — Acrylic Playing Surface with Color and Striping. 1. Unit of measure: L.S. 2. This item shall compensate the Contractor for furnishing all labor, materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. P. Item No. 16 — Erosion Control. 1. Unit of measure: L.S. . 2. This item shall compensate the Contractor for furnishing all labor. materials, equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. Q. Item No. 17 — Trench Safety, 1. Unit of measure: L.S. 2. This item shall compensate the Contractor for furnishing all labor. materials equipment and Derformin2 all work necessary to complete the work as detailed on the drawings and in the specifications. Deductive Alternate No. 1 A. Item No. 4.A — Haul & Place Tvne III Hot Mix Asphalt —3" Depth (Asphalt Provided by Owner FOB). 1. Unit of measure: TON 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. Deductive Alternate No. 2 A. Item No. 1.A — Remove & Dispose of Fence. Net and Goal Posts. 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. B. Item No. 2.A - Crack Repair. 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for all labor. materials. equipment and all other items of work necessary to complete crack cleaning. sealing and repair in accordance with Nova Pro Bounce Asphalt Court Resurfacing Guidelines. ' FY012109 Fayetteville Tennis / Basketball Courts 01025-4 I I Deductive Alternate No. 2 - Continued C. Item No. 3.A — Class 8 Base @ 95% SPD- 4" Depth. 1. Unit of measure: TON 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. UNIT PRICE ITEMS WILSON PARK BID SCHEDULE iA. Item No. 1 - Crack Repair. C 1 H I H Li I I I C I 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for all labor. materials, equipment and all other items of work necessary to complete crack cleaning. sealing and repair in accordance with Nova Pro Bounce Asphalt Court Resurfacing Guidelines. B. Item No. 2 - Nova Pro -Bounce Surfacing System. 1. Unit of measure: TENNIS COURT 2. This item shall compensate the Contractor for all labor. materials. equipment. and all other items of work necessary to complete the installation of the specified surfacing system in accordance with the Manufacturer's patented Court Surfacing System. _. I . . .le 1 _ r! 1_ Iuu SR .- . • . . 1 _ •.,I,_I.._ -!.• til . •!! ii!.. 1 1-! U. . ! \_ . 11 , - D. Item No. 4 —14 V.F Freen Coated Chain Link Fence (including Gatesl . 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. E. Item No. 5 —10 V.F. Green Coated Chain Link Fence (including Gatesl. 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor. materials. eauinment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. iFY012109 Fayetteville Tennis / Basketball Courts 01025-5 I F. Item No. 6— 12V.F. Plywood Practice Backboard (takedown & reolacel. Ii. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on ' the drawings and in the specifications. G. Item No. 7 — 4" Dia. Sch-40 Conduit for Future Electrical Service. 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. H. Item No. 8 —Outdoor Timer & Photocell court Lights. Ii. Unit of measure: Ea 2. This item shall compensate the Contractor for furnishing all labor, materials equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. I. Item No. 9 —Tennis Net Posts. 1. Unit of measure: Ea 2. This item shall compensate the Contractor for fumishine all labor. materials. equipment and performing all work necessary to complete the work as detailed on 'the drawings and in the specifications. J. Item No. 10 — Concrete Swale 4ft. x 4 in. ' 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. ' K. Item No. 11— Concrete Sidewalk 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor, materials. ' equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. IL. Item No. 12 — Handrail. 1. Unit of measure: L.F. 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on he drawings and in the specifications. 1 I FY012109 Fayetteville Tennis / Basketball Courts 01025-6 Li M. Item No. 13 — Handicap Van Accessible Parking 1. Unit of measure: L.S. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. N. Item No. 14 —Erosion Control. 1. Unit of measure: L.S. 2. This item shall compensate the Contractor for furnishing all labor, materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. O. Item No. 15 —_Select Topsoil. 1. Unit of measure: C.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on ' the drawings and in the specifications. P. Item No. 16 —_Seed Seed / Straw / Fertilizer, 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor. materials. equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. ' Q. Item No. 17 — Seed / Straw / Fertilizer. 1. Unit of measure: 2. This item shall compensate the Contractor for furnishing all labor, materials, equipment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. PART 2. PRODUCTS Not Used. PART 3. EXECUTION ' Not Used. END OF SECTION I FY012109 Fayetteville Tennis / Basketball Courts 01025-7 I ' SECTION 01070 ' CUTTING AND PATCHING IPART1 GENERAL 1.01 SCOPE A. This Section includes the work required to provide complete, in place, cutting, fitting, and patching of new and existing work. 1.02 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the ' work specified herein and are mandatory for this project. 1.03 DESCRIPTION A. Execute cutting (including excavating), fitting, or patching of work, required to: 1. Make the several parts fit properly. 2. Uncover work to provide for installation of ill-timed work. 3. Remove and replace work not conforming to requirements of Contract Documents. 4. Remove and replace defective work. 5. Install specified work in existing construction. B. In addition to Contract requirements, upon written instructions of Engineer: ' I. 2. 3. 4. • 5. 1 6. Uncover work to provide for Engineer's observation of covered work. Remove samples of installed materials for testing. Remove work to provide for alteration of existing work: Do not endanger any work by cutting or altering work or any part of it. Do not cut or alter work of another contractor without written consent of Engineer Do not cut structural or reinforcing steel without written consent of the Engineer. 1.04 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, ' SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. I FY012109 Fayetteville Tennis / Basketball Courts Section 01070- 1 I I 1.05 SUBMITTALS A. Prior to cutting which affects structural safety of project, submit written notice to the Engineer and other Prime Contractors, requesting consent to proceed with cutting. B. C. PART 2 Prior to "extra" cutting and patching done on instruction of Engineer, submit cost estimate. Should conditions of work, or schedule, indicate change of materials or methods, submit written recommendation to Engineer, including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. 4. Submit written notice to Engineer, designating time work will be uncovered, to provide for observation. MATERIALS GENERAL [] I I C1 I I I A. Materials for replacement of work removed shall comply with applicable Sections of these Specifications for.type of work to be done. I B. PART 3 3.01 A. B. 3.02 A. Provide all tools and equipment required to accomplish cutting and patching. EXECUTION INSPECTION Inspect existing conditions of work, including elements subject to movement or damage during cutting, patching, excavation, and backfilling. After uncovering work, inspect conditions affecting installation of new products. PREPARATION Prior to cutting, provide shoring and protection. I I I H I I FY012109 Fayetteville Tennis / Basketball Courts Section 01070-2 ' I 1 3.03 PERFORMANCE I I I I I E I I I I A. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerance and finishes. B. Restore work which has been cut or removed; install new products to provide completed work in accordance with requirements of Contract Documents. C. Refinish surfaces as practical to provide a finish which blends acceptably with the existing finish. 3.04 RESTORATION A. Restore structures and surfaces damaged during the course of this Contract that are to remain in the completed work. B. Restorations shall be done with new materials and appropriate methods as specified elsewhere in these Specifications from new work of similar nature; or, if not specified, best recommended practice of manufacturer, or appropriate trade association. C. Restore damaged work in such a way that there is a secure and intimate bond or fastening between new and old work. Restored surfaces shall be finished to such planes, shapes, and textures that no obvious transition between new and old work is unduly noticeable in finished surfaces. 3.05 CLEANING A. Remove from site all debris, rubbish, and extra material caused by cutting and patching. 1 3.06 PAYMENT I I I A. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. END OF SECTION 1 FY012109 Fayetteville Tennis/ Basketball Courts Section 01070-3 I I n SECTION 01090 REFERENCE STANDARDS I PART 1 I I I I L u I I I I I I I I IF GENERAL 1.01 DESCRIPTION This section specifies the availability and source of the standards and specifications specified in the Specifications (Project Manual) under paragraphs APPLICABLE PUBLICATIONS and where shown on the drawing, may be obtained. 1.02 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (FAR 52.210-1) (MAR 1994) A. A single copy of each specification cited in this solicitation is available without charge from the GSA Specifications Unit, 7th and D Sts., SW., Washington, D.C. 20407 (Tel. 202-708-9205 or 708-7140), or from any of the General Services Administration Business Service Centers which are located in Boston, MA; New York, NY; Philadelphia, PA; Atlanta GA; Chicago, IL; Kansas City, MO; Ft. Worth, TX; San Francisco, CA; and Auburn, WA. Additional copies may be purchased from the GSA Specifications Unit in Washington, DC. B. The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. 1.03 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM (FAR 52.210-4) (JUN 1988) The specifications and standards cited in this solicitation are not available for distribution. However, they may be examined at the location listed below. DEPARTMENT OF VETERANS AFFAIRS Office of Facilities Chief, Specifications Division (088B31) 811 Vermont Avenue, N.W. - Room 246 Washington, D.C. 20420 Telephone No. 202/233-3367 Between 9:00 AM - 3:00 PM (Eastern Time) FY012109 Fayetteville Tennis / Basketball Courts 01090-1 I 1.04 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (FAR 52.210-3) (JUN 1988) A. The specifications cited in this solicitation may be obtained from the associations , or organizations listed below. AA Aluminum Association Inc. 900 Nineteenth Street, N.W., Suite 300 202/862-5100 Washington, D.C. 20006 Publications: P.O. Box 753 Waldorf, Maryland 20601 AAMA American Architectural Manufacturer's Association 2700 River Road, Suite 118 Des Plaines, Illinois 60018 312/699-7310 AAN American Association of Nurseryman, Inc. 1250I Street N.W., Suite 500 Washington, D. .C. 20005 202/789-2900 AASHTO American Association of State Highway and Transportation Officials 444 N. Capitol Street, N.W., Suite 225 Washington, D. C. 20001 202/624-5800 ABA American Bankers Association 1120 Connecticut Avenue N.W. Washington, D.C. 20036 202/663-5300 ACI American Concrete Institute 22400 W. 7 Mile Rd, Bx 19150 Redford Station Detroit, Michigan 48219 313/532-2600 ACPA American Concrete Pipe Association 8320 Old Court House Road I I I L I I I I I I L I I FY012109 Fayetteville Tennis / Basketball Courts 01090-2 1 I I I I I I I I I I I I I I I Vienna, Virginia 22182 703/821-1990 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, D.C. 20006 202/393-2040 ANSI American National Standards Insitute, Inc. 1430 Broadway New York, New York 10018 212/354-3300 APA American Plywood Association 7011 S. Nineteenth Street, P.O. Box 11700 Tacoma, Washington 98411-0700 206/565-6600 ASAE American Society of Agricultural Engineers 2950 Niles Road St Joseph, Michigan 49085 616/429-0300 ASME American Society of Mechanical Engineers 345 East 47th Street New York, New York 10017 212/705-7722 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, Pennsylvania 19103 215/299-5500 AWS American Welding Society, Inc. 550 N.W. LeJeune Road P.O. Box 351040 Miami, Florida 33135 305/443-9353 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, Colorado 80235 303/794-7711 FY012109 Fayetteville Tennis / Basketball Courts 01090-3 C1 1 BHMA Builders Hardware Manufacturers Association 355 Lexington Avenue; 17th Floor New York, New York 10017 212/661-4261 BOCA The Building Officials and Code Administrators International 4051 W. Flossmoor Road Country Club Hills, Illinois 60478 708/799-2300 CLFMI Chain Link Fence Manufacturers Institute 1776 Massachusetts Avenue, N.W., Suite 521 Washington, D.C. 20036 202/659-3536 CPMB Concrete Plant Manufacturers Bureau 1 900 Spring Street Silver Spring, Maryland 2091.0 301/587-1400 CRA California Redwood Association 405 Enfrente Drive; Suite 200 Novago, California 94949 • 415/382-0662 1 CRSI Concrete Reinforcing Steel Institute 933 N. Plum Grove Road Schamburg, Illinois 60195 312/490-1700 ' Publications: P.O. Box 100125 Roswell, Georgia 30075 DHI Door and Hardware Institute 1 7711 Old Springhouse Road McLean, Virginia 22102 703/556-3990 EPA Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 202/382-2080 ETL ETL Testing Laboratories, Inc. Industrial Park, Route 11; P.O. Box 2040 1 FY012109 Fayetteville Tennis / Basketball Courts 01090-4 I I [1 I r-+ LII I [1 I I I I I I [1 I I I Cortland, New York 13045 607/753-6711 HI Hydraulic Institute 30200 Detroit Avenue Cleveland, Ohio 44145 216/226-7700 HPMA Hardwood Plywood Manufacturers Association 1825 Michael Faraday Drive; P.O. Box 2789 Reston, Virginia 22090 703/435-2900 ICBO International Conference of Building Officials 5360 S. Workman Mill Road Whittier, California 90601 213/699-0541 ICEA Insulated Cable Engineers Association Inc. P.O. Box 440 South Yarmouth, Massachusetts 02664 508/394-4424 IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane; P.O. Box 1331 Piscataway, New Jersey 08855-1331 201/562-3800 IPCEA Insulated Power Cable Engineers Association See - ICEA MBMA Metal Buildings Manufacturers Association 1230 Keith Building Cleveland, Ohio 44115 216/241-7333 MSS Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. 127 Park Street, N.E. Vienna, Virginia 22180 703/281-6613 FY012109 Fayetteville Tennis / Basketball Courts 01090-5 I I I NAAMM National Association of Architectural Metal Manufacturers 600 South Federal Street; Suite 400 Chicago, Illinois 60605 312/922-6222 NAPHCC National Association of Plumbing -Heating - Cooling Contractors 180 S. Washington Street P.O. Box 6808 Falls Church, Virginia 22046 703/237-8100 NEC National Electric Code See - NFPA National Fire Protection Association NEBB National Environmental Balancing Bureau See - SMACCNA NEMA National Electrical Manufacturers Association 2101 L Street, N.W. Washington, D.C. 20037 202/457-8400 NFPA National Fire Protection Association One Battery March Park; P.O.Box 9101 Quincy, Massachusetts 02269 800/344-3555 NIH National Institute of Health Department of Health and Human Services 9000 Rockville Pike, Building No. 13, Room 2403 Bethesda, Maryland 20205 301/496-2801 NIST National Institute of Standards and Technology (formally National Bureau of Standards) U. S. Department of Commerce Washington, D.C. 20234 301/975-3058 [1 I I I I I I I I [1 LT I I I FY012109 Fayetteville Tennis / Basketball Courts 01090-6 I I 11 I I I J I I I I I I I LJ I NPA National Particleboard Association 18928 Premiere Court Gaithersburg, Maryland 20879 301/670-0604 NSF National Sanitation Foundation 3475 Plymouth Road, P.O. Box 1468 Ann Arbor, Michigan 48106 313/769-8010 NSPC National Standard Plumbing Code See - NAPHCC and address inquiries to: Code Secretary OSHA Occupational Safety and Health Administration - Department of Labor Publications Distribution, Room N 4101 200 Constitution Avenue, N.W. Washington, D.C. 20210 202/523-9667 PCA Portland Cement Association 5420 Old Orchard Road Skokie, Illinois 60077-1083 708/966-6200 PCI Prestressed Concrete Institute 175 W. Jackson Boulevard Chicago, Illinois 60604 312/786-0300 PD! Plumbing and Drainage Institute 1106 W 77th Street S. Drive Indianapolis, Indiana 46260 317/251-6970 PPI Plastic Pipe Institute Wayne Interchange Plaza North 155 Route 46 West Wayne, New Jersey 07470 201/812-9076 FY012109 Fayetteville Tennis / Basketball Courts 01090-7 I I PTI Post -Tensioning Institute 1717 W. Northwestern Avenue; Suite 218 Phoenix, Arizona 85021 602/870-7540 RFCI Resilient Floor Covering Institute 966 Hungerford Drive; Suite 12-B Rockville, Maryland 20850 301/340-8580 RMA Rubber Manufacturers Association, Inc. 1400 K Street, N.W. Washington, D.C. 20005 202/682-4800 SFPA Southern Forest Products Association 2900 Indiana Avenue P.O. Box 52468 New Orleans, Louisiana 70152 504/443-4464 TEMA Tubular Exchange Manufacturers Association 25 N. Broadway Tarrytown, New York 10591 914/332-0040 UBC The Uniform Building Code See ICBO UL Underwriters' Laboratories, Incorporated 333 Pfingsten Road, P.O. Box 247 Northbrook, Illinois 60062 708/272-8800 USTC&TBA United States Tennis Court & Track Builders Assoc. 3525 Ellicott Mills Drive Suite N. Ellicott City, MD 21043-4547 (410)- 418-4875 VA Department of Veterans Affairs See - Article 1.4 VPS Voluntary Product Standards - National Institute of Standards and Technology I H I I I I LI I I I I [1 I I H I FY012109 Fayetteville Tennis / Basketball Courts 01090-8 , I 1 U.S. Department of Commerce Washington, D.C. 20234 301/975-4025 ' WRI Wire Reinforcement Institute, Inc. 1760 Reston Parkway; Suite 403 Reston, Virginia 22090 202/790-9790 WSTI Welded Steel Tube Institute ' 522 Westgate Tower Cleveland, Ohio 44116 216/333-4550 B. The request should identify the solication number and the specification requested by title number and date as cited in the solicitation. I. EN D OF SECTION 1 1 - 1 i 1 FY012109 Fayetteville Tennis / Basketball Courts 01090-9 1 I ' SECTION 01300 ISUBMITTALS DURING CONSTRUCTION ' PART1 GENERAL 1.01 SUBMITTALS ' A. This Section outlines in general the items that the Contractor must prepare or assemble for submittal during the progress of the work. Costs for the work under ' this Section shall be included in the appropriate items of the Contractor's bid prices. There is no attempt herein to state in detail all of the procedures and requirements for each submittal. The Contractor's attention is directed to the individual Specification Sections in these Contract Documents which may contain additional and special submittal requirements. The Owner reserves the right to direct and modify the procedures and requirements for submittals as necessary to ' accomplish the specific purpose of each submittal. Should the Contractor be in doubt as to the procedure, purpose, or extent of any submittal, he should direct his inquiry to the Engineer. 1.02 ADMINISTRATIVE SUBMITTALS A. The Contractor shall provide all of the submittals required by the General Conditions, Supplementary Conditions, and as may be specifically required in ' other parts of these Documents. B. The Contractor is reminded of his obligation as required by law to make required ' submittals promptly to the applicable Federal, state, or local agency. Failure to comply with this requirement may result in the withholding of progress payments and make the Contractor liable for other prescribed action and sanctions. PART 2 TECHNICAL SUBMITTALS ' 2.01 GENERAL A. Requirements in this Section are in addition to any specific requirements for submittals specified in other Divisions and Sections of these Contract Documents. ' B. Submittals to the Engineer shall be addressed to: McClelland Consulting Engineers, Inc.; Attn: Mr. Wayne Jones, P.O. Box 1229, Fayetteville, Arkansas 72702. C. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 1 FY012109 Fayetteville Tennis / Basketball Courts Section 01300 - 1 11 I D. Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by the Contractor shall not add to the Contract amount, and all additional costs which may result therefrom shall be solely the obligation of the Contractor. E. The Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials therefore. F. It shall not be the responsibility of the Owner to provide engineering or other services to protect the Contractor from additional costs accruing from such approvals. G. No equipment or material for which listings, drawings, or descriptive material is required shall be fabricated, purchased, or installed until the Engineer has on hand copies of such approved lists and the appropriately stamped final shop drawings. ' H. Submittals will be acted upon by the Engineer, as promptly as possible, and returned to the Contractor not later than the time allowed for review in SHOP DRAWING SUBMITTAL PROCEDURE.. Delays caused by the need for resubmittals shall not constitute reason for an extension of Contract time. 2.02 SHOP DRAWING SUBMITTAL PROCEDURE A. _ See General and Supplemental Conditions. 2.03 TRANSMITTAL OF CONTRACTOR'S SUBMITTAL FORM A. Each shop drawing submittal shall be accomplished by a Transmittal of Contractor's Submittal form. The form shall be completely filled in with all applicable information;. failure to do so shall result in immediate rejection of the submitted items. 2.04 SHOP DRAWING REQUIREMENTS , A. Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field -fabricated items. The Contractor shall submit, as ' applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: ' I I FY012109 Fayetteville Tennis / Basketball Courts Section 01300-2 ' I Ii. GENERAL a. Shop drawings or equipment drawings, including dimensions, size ' and location of connections to other work, and weight of equipment. b. Catalog information and cuts. c. Installation or placing drawings for equipment, drives, and bases. ' d. Supporting calculations for equipment and associated supports, or hangers required or specified to be designed by equipment manufacturers. e. Complete manufacturer's specifications, including materials description and paint system. f. Performance data. ' g. Suggested spare parts list with current price information. h. List of special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the I. equipment, and which are not customarily and routinely carried by maintenance mechanics.) ' i. .l• k. ' List of special tools furnished with the equipment. List of materials and supplies required for the equipment prior to and during start-up. List of materials and supplied furnished with the equipment. Samples of finish colors for selection. ' m. Special handling instructions. n. Requirements for storage and protection prior to installation. ' o. Requirements for routine maintenance required prior to start-up. I IFY012109 Fayetteville Tennis / Basketball Courts Section 01300-3 I 2.05 SUBMITTALS REQUIRED FOR FOREIGN -MANUFACTURED ITEMS A. In addition to the submittal requirements stated above, suppliers of foreign -manufactured items shall submit the names and addresses of companies within the United States that maintain technical service representatives and complete inventory of spare parts and accessories for each foreign -made item proposed for incorporation into the work. Failure to prove the foregoing capabilities shall be just cause for rejection of the foreign -manufactured items. , 2.06 RECORD DRAWINGS A. The Engineer will prepare a set of Record Drawings for the project which will include the changes made in materials, equipment, locations, and dimensions of the work.. Two weeks prior to Final Inspection, the Contractor shall submit to the Engineer a current listing and description including marked -up prints of each • change incorporated into the work since the preceding submittal. 2.07 SUBMITTAL OF INTERFACE INFORMATION (CONNECTION AND • CORRELATION WITH OTHER WORK) A. Where called for on the Specifications, and as determined necessary by the Engineer to provide proper correlation with other. equipment, complete interface • information shall be submitted. This interface information shall be accurate, and ' contain all information necessary to allow the completion of detail design and construction of the interfacing or connecting work. The Contractor shall include in his negotiation for subcontract work, such agreements as may be necessary to , ensure the accuracy of subcontractor's interface submittal information. In the event additional costs are incurred due to subsequent changes to information ' given in said interface information, such additional costs shall be borne by the Contractor. 2.08 SAMPLES AND TEST SPECIMENS ' A. Where required in the Specifications, test specimens or samples of materials, , appliances, and fittings to be used or offered for use in connection with the Work shall be submitted to the Engineer at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable. B. All samples and test specimens shall be submitted in ample time to enable the ' Engineer to make any tests or examinations necessary without delay to the work. The Contractor will be held responsible for any loss of time due to his neglect or , failure to deliver the required samples to the Engineer, as specified. FY0 12109 Fayetteville Tennis / Basketball Courts Section 01300-4 ' I C. The Contractor shall submit additional samples as required by the Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D. Laboratory tests and examinations that the Owner elects to make at its own laboratory will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the Specifications, the cost of testing subsequent samples shall be borne by the Contractor. ' E. All tests required by the Specifications to be performed by an independent laboratory shall be made by an approved laboratory. Certified test results of all specified tests shall be submitted in duplicate to the Engineer. The samples furnished and the cost for the laboratory services shall be at the expense of the Contractor and included in the prices bid for the associated work. ' 2.09 CERTIFICATES OF COMPLIANCE A. A Certificate of Compliance shall be furnished for materials specified to a ' recognized standard or code prior to the use of any such materials in the work. The Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. ' B. All materials used on.the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. ' C. The Engineer reserves the right to refuse permission for use as material on the basis of a Certificate of Compliance. D. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. _ ' E. Where Certification of Compliance is required in the Technical Specifications, the Contractor shall obtain from the supplier/manufacturer a certification stating that ' the particular piece of equipment or system will satisfy all requirements stated in the related Specification Section(s). I FY012109 Fayetteville Tennis / Basketball Courts Section 01300-5 2.10 PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the proposal. PART 3 EXECUTION Not Used. END OF SECTION FY012109 Fayetteville Tennis / Basketball Courts Section 01300-6 SECTION 01400 QUALITY CONTROL PART1 GENERAL I 1 1 1 1 1.01 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Mockups. F. Manufacturers' Field Services. G. Testing Laboratory Services. 1.02 RELATED REQUIREMENTS A. Section 01300 - Submittals: Submittal of Manufacturer's Instructions. B. Section 02200: Tests required for earthwork. C. Section 03300: Tests required for concrete. 1.03 QUALITY CONTROL, GENERAL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. FY012109 Fayetteville Tennis / Basketball Courts Section 01400-1 I IJ 1.05 MANUFACTURERS' INSTRUCTIONS A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. 1.06 MANUFACTURERS' CERTIFICATES A. When required by individual Specifications Section, submit manufacturer's certificate, in duplicate, that products meet or exceed specified requirements. 1.07 MOCKUPS ' Not used. ' 1.08 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specification Sections, require supplier or manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. 1.09 TESTING LABORATORY SERVICES A. Owner will employ a Testing Laboratory to perform inspections, tests, and other ' services required by individual Specification Sections. B. Owner shall pay for initial laboratory testing. If, however, initial test fails, ' retesting must be paid for by the Contractor. C. Services will be performed in accordance with requirements of governing , authorities and with specified standards. D. Reports will be submitted to Engineer, Owner and Contractor giving observations ' and results of tests, indicating compliance or non-compliance with specified standards and with Contract Documents. E. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, equipment, storage and assistance as requested. 1. Notify Engineer/Testing Laboratory 24 hours prior to expected time for operations requiring testing services. FY002103 Razorback Road Parking Facility Section 01400 - 2 2. Make arrangements with Testing Laboratory and pay for additional samples and tests for Contractor's convenience. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002103 Razorback Road Parking Facility Section 01400-3 I SECTION 01500 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES IPARTI GENERAL I [1 C1 I [1 I I I I 11 LJ Li 1.01 LAYOUT OF TEMPORARY FACILITIES A. The Contractor shall make his own arrangements for storage of materials and equipment in locations on and off the construction site. Security of the construction work, materials, and equipment is the sole responsibility of the Contractor. 1.02 STORAGE BUILDINGS A. The Contractor shall erect or provide as approved, temporary storage buildings of the various sizes as required for the protection of mechanical and electrical equipment and materials as recommended by manufacturers of such equipment and materials. The buildings shall be provided with such environmental control systems that meet recommendations of manufacturers of all equipment and materials stored in the buildings. The buildings shall be of sufficient size and so arranged or partitioned to provide security for their contents and provide ready access for inspection and inventory. At or near the completion of the work, and as directed by the Engineer, the temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. B. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well -ventilated building removed from other buildings. 1.03 STORAGE YARDS A. The Contractor shall construct temporary storage yards for the storage of materials that are not subject to damage by weather conditions. Materials such as pipe, reinforcing and structural steel, shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the Engineer and Owner. Storage areas shall be restored to their initial condition once they are no longer needed. 1.04 CONTRACTOR'S WORK AREA A. The Contractor shall limit his operations and storage of equipment materials to the Owner's tank site property and to the areas authorized by individual property owners and approved by the Engineer and Owner. FY012109 Fayetteville Tennis / Basketball Courts Section 01500-I I 7 1.05 1.06 B. The Contractor shall maintain the area during construction in a manner that will not obstruct operations of any existing roads. He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. TEMPORARY ACCESS ROADS AND PARKING A. The Contractor shall construct temporary construction access roads, parking areas, and detours as are required to execute the work. The roads shall meet with the approval of the Engineer, and be maintained in good condition until no longer needed, at which time the temporary roads shall be removed and the area left in a condition satisfactory to the property owner and Engineer. a. PART 2 2.01 2.02 2.03 TEMPORARY WATER CONTROL The Contractor's operations shall not result in any objectionable diversions to existing surface water drainage ways. L1111111M11: CODES AND SAFETY A. The Contractor shall be responsible for obtaining inspections and paying for permits required for the.installation of all temporary utilities. Also, the Contractor shall be solely responsible for the safe use/operation of all temporary utilities. SANITARY FACILITIES A. The Contractor shall provide and maintain sanitary facilities for his employees and his subcontractors' employees that will comply with the regulations of the local and State health departments and as directed by the Engineer. TEMPORARY WATER A. Not Used. I I II I I I I I I fJ I I I FY012109 Fayetteville Tennis / Basketball Courts Section 01500-2 ' fl L' Ei 2.04 WATER FOR TESTING A. Not Used. ' 2.05 PROTECTION OF THE FINISHED CONSTRUCTION I A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state. ' 2.06 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES I 11 I I I A. At such time or times any temporary construction facilities and utilities are no longer required for the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As approved, the Contractor shall remove the temporary facilities and utilities from the site as his property and leave the site in such condition as specified, as directed by the Engineer, and/or as shown on the Drawings. B. In unfinished areas, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded as necessary, and left with an appearance equal to, or better than, original. 2.07 PAYMENT A. Payment for the work under this Section will be included as part of the unit price bid amounts stated in the Proposal. ' PART 3 EXECUTION Not Used. LI [1 I I I END OF SECTION ' FY012109 Fayetteville Tennis / Basketball Courts Section 01500-3 SECTION 01600 MATERIAL AND EQUIPMENT SHIPMENT, HANDLING. STORAGE, AND PROTECTION PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Products List. F. Substitutions. G. Systems Demonstration. 1.02 RELATED REQUIREMENTS A. Section 01009- Administrative Provisions: Summary of Work B. Section 01400 - Quality Control: Submittal of manufacturers' certificates. 1.03 PRODUCTS A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable. D. Do not use materials and equipment removed from existing structure. 1.04 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. FY012109 Fayetteville Tennis / Basketball Courts Section 01600 - I P J B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and ' labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well -drained area; prevent ' mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure ' products are undamaged, and are maintained under required conditions. 1.06 PRODUCT OPTIONS A. Not Used. 1.07 PRODUCTS LIST A. Not Used. 1.08 SUBSTITUTIONS A. Document each request for substitution with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that Contractor: Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. FY002103 Razorback Road Parking Facility Section 01600-2 I I I H 11 [l I 1 4. Waives claims for additional costs which may subsequently become apparent. C. Substitutions will not be considered when they are indicated or implied on shop ' drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents, or when said substitution will not result in significant cost savings to the Owner, or result in ' some material advantage being gained by the Owner. D. Engineer will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time following the opening of Bids. ' E. Only one request for substitution will be considered for each product. When substitution is not accepted, provide specified product. I1.09 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to Engineer and ' Owner. PART2 PRODUCTS Not Used. 1 PART 3 EXECUTION ' Not Used. 1 END OF SECTION ' I IL FY002103 Razorback Road Parking Facility Section 01600-3 I ' SECTION 01700 CONTRACT CLOSEOUT ' PARTI GENERAL 1.01 SCOPE A. This Section outlines the procedure to be followed in closing out all contracts. I1.02 SUBSTANTIAL COMPLETION A. The substantial completion date for the Contract shall be established as stated in ' the General Conditions. 1.03 FINAL INSPECTION I I I I I H II I I I A. After final cleaning and upon written notice from the Contractor that the work is completed, the Engineer will make a preliminary inspection with the Owner and Contractor present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the work to the satisfaction of the Owner. C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Owner and Contractor, shall make his final inspection of the project. D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the General Conditions. Should the Engineer still find deficiencies in the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment until such time as the Contractor has satisfactorily completed the required work. E. All water courses, gutters, and ditches shall be opened and left in a condition satisfactory to the Engineer. FY002103 Razorback Road Parking Facility Section 01700- 1 G 1.04 FINAL SUBMITTALS A. No contract will be finalized until all of the following have been submitted as required in Section 01300, SUBMITTALS DURING CONSTRUCTION. 1. Final shop drawings 2. Record drawings 3. Interface information B. No contract will be finalized until all submittals required in Section 01720, PROJECT RECORD DOCUMENTS, have been submitted. 1.05 GUARANTEES, BONDS, AND AFFIDAVITS A. No contract will be finalized until all guarantees, performance tests, bonds, certificates, licenses, and affidavits required for work or equipment as specified are satisfactorily filed with the Owner. 1.06 . ACCESSORY ITEMS A. All Contractors furnishing and/or installing equipment on this project shall provide to the Owner, upon acceptance of the equipment, all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to, adequate oil and grease as required for the first lubrication of the. equipment; light bulbs; fuses, valve keys, handwheels, and other expendable items as. required for initial startup and operation of all equipment. C I I I J I I 1.07 RELEASE OF LIENS OR CLAIMS I A. 1.08 A. PART 2 PART 3 No contract will be finalized until satisfactory evidence of release of liens has been submitted to the Owner as required by the General Conditions. FINAL PAYMENT Final payment will be made to the Contractor in accordance with the General Conditions. PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION H I I J I FY012109 Fayetteville Tennis / Basketball Courts Section 01700 - 2 ' I SECTION 02050 DEMOLITION PARTI GENERAL 1.01 SUMMARY A. Demolition of designated fencing, tennis court posts, basketball goal posts and backboard, net strap and ground anchors. IB. Demolition and removal of pavements, curbs, drainage structures, utilities, signage, or landscaping. ' C. Filling voids in subgrade created as a result of removals or demolition. ID. Hazardous material compliance. 1.02 RELATED SECTIONS ' A. Section 02100 - Site Preparation. B. Section 02200 — Earthwork, Trench Excavation and Backfill 1.03 REGULATORY REQUIREMENTS A. Obtain required permits and licenses from appropriate authorities. Pay associated fees including disposal charges. B. Notify affected utility companies before starting work and comply with their ' requirements. C. Do not close or obstruct roadways, sidewalks, or fire hydrants without appropriate permits. D. Conform to applicable regulatory procedures when hazardous or contaminated materials are discovered. ' 1.04 PROJECT RECORD DOCUMENTS A. Accurately record actual locations of capped utilities and subsurface obstructions that will remain after demolition. 1.05 PROJECT CONDITIONS A. Conditions existing at time of inspection for bidding purposes will be maintained by Owner in so far as practicable. I IFY012109 Fayetteville Tennis / Basketball Courts Section 02050 - 1 P 1 B. Unless otherwise indicated in construction Documents or specified by Owner items of salvageable value to Contractor shall be removed from site. Storage or sale of removed items on site will not be permitted and shall not interfere with other work specified in Contract Documents. PART 2 MATERIALS 2.01 FILL MATERIALS , A. Fill materials as specified in Section 02200. PART 3 EXECUTION 3.01 PREPARATION , A. Provide, erect, and maintain erosion control devices, temporary barriers, and security devices as necessary. B. Protect existing landscaping materials, appurtenances, and structures which are not to be demolished. Repair damage caused by demolition operations at no cost to Owner. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring as needed. , D. Mark locations of utilities..: Protect and maintain in safe and operable condition utilities that are to remain. Prevent interruption of existing utility service to occupied or used. facilities, except when authorized in writing by authorities having • jurisdiction. Provide temporary services during interruptions to existing utilities as acceptable to governing authorities and Owner. 3.02 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures or pavements. B . Cease operations immediately if adjacent structures appear to be in danger. Notify ' authority having jurisdiction. Do not resume operations until directed. C. Conduct operations with minimum of interference to public or private access. Maintain ingress and egress at all times. D. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon, or limit access to their property. ' E. Sprinkle work with water to minimize dust. Provide hoses and water connections for this purpose. F. Comply with governing regulations pertaining to environmental protection. .1 FY012109 Fayetteville Tennis / Basketball Courts Section 02050 - 2 11 H C I IH I I I I I H I I I G. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing prior to start of work. 3.03 DEMOLITION A. Demolish items completely and remove from site using methods as required to complete work within limitations of governing regulations. Small items may be removed intact when acceptable to Owner and authorities having jurisdiction. B. Locate demolition equipment and remove materials so as to prevent excessive loading to supporting walls, floors, or framing. 3.04 FILLING VOIDS A. Completely fill below grade areas and voids resulting from demolition or removal using approved select fill materials consisting of stone, gravel, and sand free from debris, trash, frozen materials, roots, and other organic matter. B. Ensure that areas to be filled are free of standing water, frost, frozen or unsuitable material, trash, and debris prior to fill placement. C. Place fill materials in accordance with Section 02200 unless subsequent excavation for new work is required. D. Grade surface to match adjacent grades and to provide flow of surface drainage after fill placement and compaction. 3.05 DISPOSAL OF DEMOLISHED MATERIALS A. Remove from site debris, rubbish, and other materials resulting from demolition operations. B. No burning of any material, debris, or trash on -site or off -site will be allowed, except when allowed by appropriate governing authority and Owner. If allowed as stated above, burning shall be performed in manner prescribed by governing authority. Attend burning materials until fires have burned out or have been completely extinguished. C. Transport materials removed from demolished structures with appropriate vehicles and dispose off -site to areas which are approved for disposal by governing authorities and appropriate property owners. ' 3.06 PAYMENT I J A. Payment shall be made at the Contract Unit Prices for the removal of items required for proper construction. END OF SECTION ' FY012109 Fayetteville Tennis / Basketball Courts Section 02050-3 SECTION 02100 SITE PREPARATION PART 1. GENERAL 1.01 SUMMARY A. Remove interfering or objectionable material from designated areas of Work. B. Preserve vegetation and existing objects designated to remain from injury or defacement. 1.02 DEFINITIONS A. CLEARING 1. Not Used. B. GRUBBING 1. Not Used. C. STRIPPING 1. Not Used. 1.03 RELATED SECTIONS A. Section 02200 - Earthwork. PART 2. MATERIALS 2.01 GENERAL A. Provide materials, suitable and in adequate quantity, required to accomplish Work of this Section. PART 3. EXECUTION 3.01 PREPARATION A. Review with Engineer's representative the location, limits, and methods to be used prior to commencing Work under this Section. FY012109 Fayetteville Tennis / Basketball Courts Section 02100 - 1 3.02 CUTTING TIMBER A. Not Used. 3.03 PRESERVATION OF TREES, SHRUBS, AND OTHER VEGETATION A. Protect from damage trees, shrubbery, and other vegetation not designated for removal. B. Cut and remove tree branches only where, in the opinion of the Engineer, such cutting is necessary to affect construction operation. C. Scars resulting from the removal of branches shall be treated with an approved tree sealant. 3.04 CLEARING AND GRUBBING LIMITS A. Not Used. 3.05 DISPOSAL OF CLEARING AND GRUBBING DEBRIS A. . Haul the material from the Work site and dispose of in accordance with state, federal, and local laws. 1. Off -site disposal shall be at the Contractor's sole expense. 3.06 AREAS TO BE STRIPPED A. Not Used. 3.07 DISPOSAL OF STRIPPINGS A. Not Used. 3.08 PAYMENT A. Payment shall be made at the Contract Unit Price for Removal and Disposal of Material. END OF SECTION FY012109 Fayetteville Tennis / Basketball Courts Section 02100 -2 I ' SECTION 02200 EARTHWORK. TRENCH EXCAVATION AND BACKFILL PART1 GENERAL 1.01 SCOPE A. This section covers the work necessary for the earthwork, trenching and backfilling complete. 1.02 DEFINITIONS - RELATIVE COMPACTION A. "Relative compaction" is defined as the ratio, in percent, of the as -compacted field dry density to the laboratory maximum dry density as determined by the Standard Proctor Test, ASTM D698. Corrections for oversize material may be applied to either the as -compacted field dry density or the maximum dry density, as determined ' by the Engineer. 1.03 DEFINITIONS - OPTIMUM MOISTURE CONTENT A. "Optimum moisture content" is defined as the moisture content of the material for which the maximum dry density is obtained as determined by ASTM D698. Field moisture contents shall be determined on the basis of the fraction passing the 3/4 -inch sieve. ' 1.04 SUBMITTALS A. Submittals shall be made in accordance with the GENERAL CONDITIONS, SECTION 01300, SUBMITTALS DURING CONSTRUCTION, and the ' requirements of this section. B. Provide the following submittals: 1. Samples for all imported material. 2. Catalog and manufacturer's data sheets for compaction equipment. ' 3. Contractor's excavation/stockpiling plan with provisions for flooding considerations. 4. Schedule of excavation/stockpilling/filling plan illustrating methods of filling new facility areas. ' PART 2 MATERIALS 2.01 GENERAL ' A. Provide all labor, materials, and equipment necessary to accomplish the work specified in this section. H FY012109 Fayetteville Tennis / Basketball Courts 02200- 1 C i 2.02 SUBSURFACE INFORMATION A. Test borings were made and the information obtained therefrom is included at the end 1 of this section of the Specifications. The boring locations are shown on the Drawings. This information is presented to give some indication of the conditions that may be encountered during construction and is offered as supplementary information only. It shall be the Bidder's sole responsibility to estimate the type and quantity of materials and the amount of groundwater that will be encountered. Neither the Owner nor the Engineer assumes any responsibility for the interpretation of the subsurface data indicated on the Drawings and in these Specifications, or for subsurface conditions at other locations. B. Information derived from inspection of logs of test borings, of topographic maps, or 1 from plans showing location of utilities and structures will not relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. C. The submission of a Proposal shall be conclusive evidence that the Bidder has 1 investigated the site and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be , furnished, and as to the requirements of the Contract Documents. 2.03 GENERAL EXCAVATION A. . Complete all excavation regardless of the type, nature, or condition of the materials 1 encountered. The Contractor shall make his own estimate of the kind and extent of the various materials to be excavated in order to accomplish the work. 1 2.04 EARTH FILL A. Excavated material free from roots, organic matter, trash, debris, rocks larger than 3 1 inches, and other deleterious materials. Suitable material may be obtained by the Contractor from the excavation for the proposed structures. Provide imported material of equivalent quality, if required to accomplish the work. Imported material shall be provided at the Contractor's sole expense. 2.05 STRUCTURAL FILL A. Imported material free from roots, organic matter, trash, debris, with maximum particle size of 1-1/2 inches. Material shall have low plasticity with a maximum plasticity index (PI) of 25. At the Contractor's option, material may be obtained by the Contractor from the excavation for proposed structures. No warranty, expressed or implied, is made concerning the availability of sufficient quantities of satisfactory structural fill from the excavations to be made. Therefore, the Contractor shall provide imported material of acceptable quality, if required, to accomplish the construction. Imported material shall be provided at the Contractor's sole expense. I FY012109 Fayetteville Tennis / Basketball Courts 02200- 2 1 I 2.06 GRANULAR FILL A. Imported GRANULAR FILL shall be 1 -1/2 -inch minus crushed gravel or crushed rock, free from dirt, clay balls, and organic material, well graded from coarse to fine, containing sufficient finer material for proper compaction, and less than 8 percent by weight passing the No. 200 sieve. Arkansas Highway and Transportation Department Class 7 Base shall qualify as GRANULAR FILL material. 2.07 SAND A. Imported natural sand or sand produced from crushed gravel or crushed rock, maximum size 5/16 inch, 80 percent shall pass a No. 4 sieve, free from clay and organic material, with a maximum of 8 percent passing the No. 200 sieve. 2.08 TRENCH EXCAVATION A. Not Used. 2.09 A. 2.10 A. 2.11 A. 2.12 A. 2.13 A. TRENCH STABILIZATION MATERIAL Not Used. GRANULAR PIPE BASE AND PIPE ZONE MATERIAL Not Used. BACKFILL ABOVE THE PIPE ZONE Not Used. TOPSOIL Selected topsoil at the site, properly stored and protected, free from roots, sticks, hard clay, and stones which will not pass through a 3 -inch square opening. Remove existing grass and overburden before topsoil is excavated. Provide imported topsoil of equal quality if required to accomplish the work. WATER FOR COMPACTION Furnish as required. 2.14 RIPRAP A. Furnish as required. FY012109 Fayetteville Tennis / Basketball Courts 02200 - 3 C1 1 2.15 IMPORTED MATERIAL ACCEPTANCE A. All imported materials specified in this section are subject to the following 1 requirements: 1. All tests necessary for the Contractor to locate an acceptable source of 1 imported material shall be made by the Contractor. Certification that the material conforms to the Specification requirements along with copies of the 1 test results from a qualified commercial testing laboratory shall be submitted to the Engineer for approval at least 10 days before the material is required for use. All aggregate samples shall be furnished by the Contractor at the Contractor's sole expense. Samples shall be representative and be clearly marked to show the source of the material and the intended use on the project. Sampling of the aggregate source shall be done by the Contractor in accordance with ASTM D 75. Notify the Engineer at least 24 hours prior to sampling. The Engineer may, atthe Engineer's option, observe the sampling procedures. Tentative acceptance of the aggregate source shall be based on an inspection of the source by the Engineer and the certified test results submitted by the Contractor to the Engineer. No imported materials shall be delivered to the site until the proposed source and materials tests have been tentatively accepted in writing by the Engineer. Final acceptance will be ' based on tests made on samples of material taken from the completed and compacted course: The completed course is defined as a course or layer that • is ready for the next layer or the next phase of construction. All testing for • final acceptance shall be performed by the Engineer. 1 2.. Gradation tests by the Contractor. shall be made on samples of imported material taken at the place of production prior to shipment. Samples of the• finished product for gradation testing shall be taken from each 1,500 tons of prepared materials or more often as determined by the Engineer, if variation in gradation is occurring, or if the material appears to depart from the Specifications. Test results shall be forwarded to the Engineer within 72 hours after sampling. 3. If tests conducted by the Contractor or the Engineer indicate that the material 1 does not meet Specification requirements, material placement will be terminated until corrective measures are taken. Material which does not conform to the Specification requirements and is placed in the work shall be removed and replaced at the Contractor's sole expense. Sampling and testing performed by the Contractor shall be done at the Contractor's sole expense. 2.16 SELECTED MATERIAL ACCEPTANCE 1 A. All tests necessary for the Contractor to demonstrate that selected native soil material conforms to the Specification requirements shall be made by the Contractor using a qualified commercial testing laboratory at the Contractor's expense. These tests shall include gradation tests and, Attenberg limits tests, and such other tests as appropriate for the particular material and intended use on the project. I FY012109 Fayetteville Tennis / Basketball Courts 02200-4 1 I B. Samples for testing shall be representative of the actual material to be installed in the work. Samples shall be taken from each 2,000 cubic yards of material stockpiled or more often as determined by the Engineer if variation in material properties is occurring, or if the material appears to depart from the Specification requirements. IC. Test results shall be forwarded to the Engineer at least 10 days before the material is required for use. If tests conducted by the Contractor or the Engineer indicate that the material does not meet Specification requirements, the material shall not be ' installed in the work. Material which is placed in the work but does not conform to the Specification requirements shall be removed and replaced at the Contractor's sole expense. The Contractor shall include in the lump sum bid amount the costs for all testing by an independent certified laboratory. 2.17 COMPACTION EQUIPMENT ' A. Compaction equipment shall be of suitable type and adequate to obtain the densities specified. ' B. Compaction equipment shall be operated in strict accordance with the manufacturer's instructions and recommendations. Equipment shall be maintained in such condition that it will deliver the manufacturer's rated compactive effort. Hand -operated ' equipment shall be capable of achieving the specified densities. 2.18 MOISTURE CONTROL EQUIPMENT ' A. Equipment for applying water shall be of type and quality adequate for the work, shall not leak, and shall be equipped with a distributor bar or other approved device to assure uniform application. Equipment for mixing and drying out material shall consist of blades, discs, or other approved equipment. ' PART 3 EXECUTION 3.01 CLEARING, GRUBBING, AND STRIPPING ' A. Not Used. 3.02 STRIPPING TOPSOIL A. Not Used. 3.03 COMMON EXCAVATION IA. Perform all common excavation of every description, regardless of the type, nature, or condition of material encountered, as specified, shown, or required to accomplish the construction. 1 I ' FY012109 Fayetteville Tennis / Basketball Courts 02200 - 5 3.04 EXCAVATION FOR ROAD AND PARKING AREA A. Not Used. 3.05 STRUCTURAL EXCAVATION A. Not Used. 3.06 EXCAVATION SAFETY A. The Contractor shall be solely responsible for making the excavation in a safe manner. Provide appropriate measures to retain excavation sideslopes to ensure that men working in or near the excavation are protected. B. The Contractor shall comply with trench safety regulations appended hereto. 3.07 TRENCH EXCAVATION AND BACKFILL A. Not Used. 3.08 TRENCH WIDTH A. Not Used. 3.09 GRADE A. Not Used. 3.10 SHORING, SHEETING, AND.BRACING OF. TRENCHES A. Not Used. 3.11 REMOVAL OF WATER A. Removal of water shall be accomplished as specified hereinbefore. 3.12 TRENCH STABILIZATION A. Not Used. 3.13 BASE FOR PIPE A. Not Used. 3.14 TRENCH BACKFILL AT PIPE ZONE A. Not Used. FY012109 Fayetteville Tennis / Basketball Courts 02200- 6 I 3.15 TRENCH BACKFILL ABOVE THE PIPE ZONE ' A. Not Used. ' 3.16 SITE GRADING A. Perform all earthwork to the lines and grades as shown and/or established by the Engineer, with proper allowance for topsoil where specified or shown. Shape, trim, ' and finish slopes of channels to conform with the lines, grades, and cross sections shown. Make slopes free of all exposed roots and stones exceeding 3 -inch diameter which are loose and liable to fall. Round tops of banks to circular curbs, in general, ' not less than a 6 -foot radius. Rounded surfaces shall be neatly and smoothly trimmed. Overexcavating and backfilling to the proper grade will not be acceptable. Finished site grading will be reviewed by the Engineer. ' 3.17 PLACING RIPRAP IA. Furnish as required. 3.18 DISPOSAL OF EXCESS EXCAVATION ' A. Dispose of all excess excavated materials, not required or suitable for use as backfill or fill, outside of the area of work. Contractor shall make his own arrangements for the disposal of the excavated material and bear all costs or retain any profit incidental 'to such disposal. 3.19 SETTLEMENT A. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the 1 -year guarantee period in the General Conditions will be ' considered to be caused by improper compaction methods and shall be corrected at the Contractor's sole expense. Any structures damaged by settlement shall be restored to their original condition by the Contractor at the Contractor's sole expense. ' 3.20 PAYMENT ' A. Payment for the work in this section will be included as part of the unit price bid amounts stated in the Proposal. END OF SECTION I I I IFY012109 Fayetteville Tennis / Basketball Courts 02200 - 7 I I SECTION 02500 ASPHALT SURFACING ' PART1 GENERAL 1.1 SCOPE A. This section covers the work necessary for the construction of asphalt court surfacing, and incidental work, complete. ' 1.2 STANDARD SPECIFICATIONS IA. Where the term "Standard Specifications" is used, such reference shall mean the 1996 edition of Arkansas Highway and Transportation Department Standard Specifications or appropriate revisions thereof. Where reference is made to a specific part of the ' Standard Specifications, such applicable part shall be considered as part of this section of the Specifications. In case of a conflict between the requirements of the Standard Specifications and this section, the requirements herein shall prevail. ' 1.3 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02200 — Earthwork, Trench Excavation & Backfill 1.4 SUBMITTALS DURING CONSTRUCTION A. Prior to the delivery of specified aggregate to the site, the Contractor shall submit samples of the material for the Engineer's approval. Samples shall be typical of materials to be furnished from the proposed source and in conformance with the ' specified requirements. B. Prior to the delivery of asphalt materials and paving mixes to the site, the Contractor ' shall submit certificates of compliance of such materials with these Specifications. C. Where laboratory testing is specified herein for submittals, the Contractor shall employ an independent testing laboratory to conduct such tests and submit 'certificates of the test results to ensure Specification conformance. D. The costs for submittals shall be included in the price(s) quoted for the work under this section. PART 2 MATERIALS 2.1 BASE COURSE IA. Gravel for the base course shall be clean, hard, durable, pit -run crushed stone which is reasonably graded from coarse to fine. Base course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction and compacted as specified herein. ' FY012109 Fayetteville Tennis / Basketball Courts Section 02500-1 I 2.2 PRIME COAT , A. Asphalt to be used for a prime coat shall be Emulsified Petroleum Resin (EPR-1), diluted 3:1. ' 2.3 TACK COAT A. Asphalt emulsion conforming to ASTM D 977 or D 2397, unless otherwise specified. , 2.4 ASPHALT SURFACE COURSE A. Asphalt Surface Course for paving the designated area shall be Type II hot -plant mix and all materials shall conform to the requirements of Section 407 of the Standard Specifications for Highway Construction. Portions of the referenced specification that are obviously not applicable for the type of work to be done shall be disregarded. PART 3 EXECUTION ' 3.1 CONSTRUCTION PROCEDURE A. Trench backfill shall be as specified in Section 02200, EARTHWORK. B. Replace all bituminous pavement damaged under this Contract with like materials. ' C. In -addition to the requirements set forth herein, the work shall conform to the applicable • workmanship requirements of the AHTD Standard Specifications referenced heretofore. 3.2 REMOVAL OF EXISTING PAVEMENT i. , A. Remove existing asphalt pavement to the limits shown on the drawings. Dispose of this material off -site. 3.3 PREPARATION OF SUBGRADE A. Bring subgrade to proper grade and cross section shown by means of a blade grader ' or other suitable equipment. The finished subgrade shall provide a satisfactory base for the Court Facilities and be acceptable to the Engineer. 3.4 ASPHALT LEVELING COURSE A. Not used. , 3.5 PRIME COAT A. The prime coat shall be applied when asphalt placed is less than 4" in accordance ' with Section 403 of the referenced specification at the rate of 0.20- to 0.30 -gallon per square yard of surface area. The exact amount is to be determined by the Engineer. FY012109 Fayetteville Tennis / Basketball Courts Section 02500-2 ' I I I I Li I I I I J I .i I I I I 3.6 CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT A. Lay asphalt surface course over the base course on a single lift and the compressed depth shall be 3 -inches. The method of proportioning, mixing, transporting, laying, processing, rolling the material, and the standards of workmanship shall conform to the applicable requirements of Section 408 of the Standard Specifications. B. The Engineer will examine the base before the paving is begun and bring any deficiencies to the Contractor's attention to be corrected before the paving is started. Roll the lift of the asphalt concrete and compact to 92% of the maximum theoretical density for type 2 mix. The grade, line, and cross section of the finished surface shall conform to the Drawings. 3.7 WEATHER CONDITIONS A. Asphalt shall not be applied to wet material. Asphalt shall not be applied during rainfall, sand or dust storms, or any imminent storms that might adversely affect the construction. The Engineer will determine when surfaces and material are dry enough to proceed with construction. Asphalt concrete shall not be placed (1) when the atmospheric temperature is lower than 40 degrees F, (2) during heavy rainfall, or (3) when the surface upon which it is to be placed is frozen or wet. Asphalt for prime coat shall not be applied when the surface temperature is less than 50 degrees F. Exceptions will be permitted only in special cases and only with prior written approval of the Engineer. 3.8 CONTRACTOR'S RESPONSIBILITY A. Settlement of replaced pavement over trenches within the warranty period shall be considered the result of improper or inadequate compaction of the subbase or base materials. The Contractor shall promptly repair all pavement deficiencies noted during the warranty period at the Contractor's sole expense. 3.10 CLEANUP A. Clean up all debris and unused materials from the paving operation. Clean all surfaces that have been spattered or defaced as a result of the paving operation. END OF SECTION IFY012109 Fayetteville Tennis / Basketball Courts Section 02500-3 II SECTION 02800 CHAIN LINK FENCE AND GATES PART I. GENERAL 1.1 SECTION INCLUDES A. Fence framework, fabric, and accessories. B. Gates and gate hardware. C. Clearing. 1.2 REFERENCES A. Specification of Metallic -Coated Steel Chain Link Fence Fabric, published by Chain Link Fence Manufacturers Institute, Washington, DC 20036. B. American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. 1. ASTM A239 - Test Method for Locating the Thinnest Spot in a Zinc (Galvanized) Coating on Iron or Steel Articles by the Preece Test (Copper Sulfate Dip). 2. ASTM F567 - Practice for Installation for Chain -Link Fence. PART 2. MATERIALS 2.1 FABRIC A. Height: Green Vinyl Coated Fabric 8 feet, 10 feet and 14 feet as depicted on plans. B. Composed of individual wire pickets helically wound and interwoven from No. 11 gauge steel wire to form a continuous chain link fabric having a 2 -inch diamond mesh pattern. C. Salvages twisted and barbed. D. Hot -dip galvanized after weaving. E.. Zinc coating of not less than 1.2 ounces per square foot of bare wire surface. FY012109 Fayetteville Tennis / Basketball Courts 02800- I I I 2.2 LINE POSTS A. 2 -7/8 -inch outside diameter standard steel pipe weight 3.65 pounds per linear foot or approved equal. 2.3 END, CORNER, ANGLE, AND PULL POSTS A. Use 4 -inch outside diameter steel pipe weighing 9.11 pounds per linear foot or approved ' equal. 2.4 GATE POSTS , A. Single drive gates 8 feet wide: 4 -inch outside diameter iron pipe weighing 9.11 pounds per foot or approved equal. 2.5 POST TOPS ' A. . Pressed steel or malleable iron designed as a weather tight closure cap for tubular posts. B. Provide one cap for each post, unless equal protection is afforded by combination post ' top cap and barbed wire supporting arm where barbed wire is required. C. Where top rail.is used, provide tops to permit passage of top rail. 2.6 FABRIC TIES A. No. 9 aluminum wire of approved design for use on line posts every 14 inches and on top rails every 24 inches. 2.7 BRACE AND TENSION BANDS A. Unclimbable type with 5/16 inch diameter square -shouldered steel carriage bolts, non - removable from outside fence. 2.8 TENSION BARS . A. For attaching fabric to terminal posts: 3/16 inch by 3/4 inch high carbon steel attached to t terminal post by means of beveled edge bands. 2.9 TOP RAIL , A. 15/8 inch outside diameter seamless steel pipe weighing 2.27 pounds per lineal foot or approved equal. B. Galvanized by hot -dip process after fabrication. ' FY012109 Fayetteville Tennis / Basketball Courts 02800-2 ' I C. To pass through bases of extension arms and form a continuous brace from end to end of ' each section of fence. D. Provide with expansion rail couplings and suitable hot -dip galvanized connections. 2.10 BRACE PIPE A. Same material as the top rail. 2.11 TENSION WIRE ' A. Hot -dip galvanized No. 7 gage steel. Class III ' 2.12 MISCELLANEOUS FITTINGS A. Ferrous fittings required to make a complete installation to the malleable iron, pressed 'steel, aluminum, or forgings shall be hot -dip galvanized. 2.13 GATES A. Manufacturer: Same as fence manufacturer. ' B. Frames: 1.9 -inch outside diameter steel pipe weighing 2.7 pounds per lineal foot with necessary intermediate braces of 15/8 -inch outside diameter steel pipe weighing ' 2.27 pounds per lineal foot. C. Pipe, fittings, stretcher bars, hook bolts, hinges, latches, truss -rods, and other accessories: ' Heavily galvanized by the hot -dip process. D. Gate Fabric. Match fence fabric. E. Latches for double drive gates shall be drop bar type securely bolted to gate and to engage a pipe gate stop anchored in domed concrete footings and to allow for locking with padlock. F. Latches for walk gate shall be fork type latch that will automatically engage latch post and fitted for padlock. F. Hinges shall be of heavy, industrial type, hot -dip galvanized, offset type, allowing gates to swing back parallel with line of fence. 2.14 CONCRETE A. Materials as specified in Section 03300 - Cast -In -Place Concrete. ' B. Compressive strength: Not be less than 3,000 psi at 28 days. IFY012109 Fayetteville Tennis / Basketball Courts 02800-3 I PART 3. EXECUTION 3.1 PREPARATION A. Not Used 3.2 FENCE ' A. Erect fencing in straight lines between angle points by skilled personnel experienced in ' this type of construction. B. Erect in accordance with the manufacturer's recommendations as approved and with I these Specifications. C. The top rail of the fence shall be at the top of the fabric. D. Fasten chain link fabric to end posts with stretcher bars and clamps at approximately 14 inch centers and to line posts and top rail with wire or bands at approximately 24 inch centers. 3.3 POST SPACING AND SETTING A. Post Holes: 1. Minimum depth of post holes: 3 feet below finished grade. , 2. Holes for line posts: 12 inches in diameter. 3. Holes for gate, comer, and pull posts: 18 inches in diameter. B. Space posts not more than 10 feet on centers and in true lines. ' C. Set posts plumb and to a depth not less than 2 feet 10 inches. D. Fill remainder of hole with concrete. E. The top surface of the foundation shall extend above finished grade not less than 1 inch and shall have a crown watershed finish F. After concrete has set, install accessories. 3.4 GATES A. Brace gate posts diagonally to adjacent line posts to ensure stability. B. Hang gates and adjust hardware so that gates operate satisfactorily from open or closed position. ' FY012109 Fayetteville Tennis / Basketball Courts 02800-4 , :]C7:C isl A. Install brace pipe midway between the top rail and extend from the terminal post to the first adjacent line post. B. Fasten securely to the posts by heavy -pressed steel and malleable fittings. C. Truss securely from line post to base of terminal post with a 3/8 -inch truss rod and tightener. 3.6 CLEANUP A. Upon completion of the fence installation, clean up waste material resulting from the operation. END OF SECTION FY012109 Fayetteville Tennis / Basketball Courts 02800-5 I 1 SECTION 02900 LANDSCAPING 1 PART 1. GENERAL Ii.! SUMMARY A. Provide finish grading and grass establishment. 1 B. The intention of this Specification is that the Contractor establish turf on finish surfaces and other areas damaged as a result of construction. 1 PART 2. MATERIALS 1 2.1 TOPSOIL 1 A. Existing topsoil shall be reused where practical. B. Imported Topsoil: 1 1. Furnished at sole expense of Contractor. 2. Friable loam free from subsoil, roots, grass, excessive amounts of weeds, stone, and foreign matter; acidity range (pH) of 5.5 to 7.5; and containing a minimum of 4 percent and a maximum of 50 percent organic matter. 2.2 SEED A. Certified, blue tag, clean, delivered in original, unopened packages and bearing an analysis of the contents, guaranteed 95 percent pure and to have a minimum germination rate of 85 percent, within 1 year of test. 2.3 SEED MIX A. Mix for areas: Common Bermuda Grass. Follow the recommendations of the local Agricultural Extension Agent for requirements on coverage, fertilization, and seasons. PART 3. EXECUTION 3.1 PROJECT SCHEDULE IA. Project Schedule shall show an anticipated time for grading and seeding to take place, so that seasonal consideration can be given attention. 1 1 FY012109 Fayetteville Tennis / Basketball Courts 02900 - l 1 3.2 SITE GRADING A. Shape, trim, and finish slopes to conform with lines, grades, and cross sections shown. 1 B. Make slopes free of loose exposed roots and stones exceeding 3 inch diameter. C. Ensure that site drains properly and there are no areas where water may pond. D. Finished site grading will be reviewed by Engineer. 3.3 GRADING OF TOPSOIL 1 A. Shape the topsoil over the area to the desired shape and contour. B. Apply commercial fertilizer at the Agricultural Extension Agent's recommended rate, distributing it uniformly with a mechanical spreader. 3.4 FINISH GRADING A. Thoroughly mix the topsoil and fertilizer. 1 B. Rake the area to a uniform grade so that areas drain in the same manner as at the start of the Project. C. Lightly compact before planting grass. D. Remove trash and stones exceeding 2 inches in diameter from area to a depth of 2 inches prior to preparation and planting grass. 1 3.5 TIME OF SEEDING A. Conduct seeding under favorable weather conditions during seasons which are normal for work as determined by accepted practice in locality of Project. 3.6 MECHANICAL SEEDING A. Sow grassed areas evenly with a mechanical spreader at rate of 100 pounds per acre, minimum, or as otherwise recommended by the Agricultural Extension Agent. Roll with cultipacker to cover seed, and water with fine spray. Method of seeding may be varied at discretion of Contractor on his own responsibility to establish a smooth, uniformly grassed area. 1 C FY012109 Fayetteville Tennis / Basketball Courts 02900-2 1 r El 3.7 HYDROSEEDING I H I I I I I I [H C C C Li I A. Seed may be applied by hydroseeding method. Seeding shall be done within 10 days following soil preparation. Hydroseed areas at rate of 100 pounds seed and 500 pounds ammonium phosphate per acre, minimum, or as otherwise recommended by the Agricultural Extension Agent. B. Proceed with seeding operation on moist soil, but only after free surface water has drained away. C. Exercise care to prevent drift and displacement of mixture into other areas. 3.8 WINTER PROTECTIVE SEEDING A. Winter barley or annual rye grass applied at a rate of 120 pounds/acre shall be used after September 15 or as recommended by the Agricultural Extension Agent. B. Areas receiving temporary winter protective seeding shall be re -seeded when weather conditions become favorable. 3.9 MAINTENANCE A. Begin maintenance immediately after each portion of grass is planted and continue until a reasonable stand of grass has been obtained. Water to keep surface soil moist. Repair washed out areas by filling with topsoil, fertilizing, and seeding. 3.10 GUARANTEE A. If, at the end of a 180 -day period, a satisfactory stand of grass has not been produced, the Contractor shall renovate and reseed the grass or unsatisfactory portions thereof immediately, or, if after the usual planting season, during the next planting season. If a satisfactory stand of grass develops from one year of the date of substantial completion, it will be accepted. If it is not accepted, a complete replanting will be required during the planting season. B. A satisfactory stand is defined as grass or section of grass that has: 1. No bare spots larger than 1 square feet. 2. Not more than 10 percent of total area with bare spots larger than I square foot. 3. Not more than 15 percent of total area with bare spots larger than 6 inches square. END OF SECTION IFY012109 Fayetteville Tennis/Basketball Courts 02900 - 3 I I H ' PART1 GENERAL 1.1 SCOPE I SECTION 03300 CAST IN PLACE CONCRETE A. This Section covers the work necessary to furnish and install, complete, the cast -in -place concrete, including formwork. B. There are three items receiving concrete. 1. Swale Construction at Walker and Wilson Parks. 2. Post placement for Fencing and Backboards, (Wilson Only), at Walker and Wilson Parks. 3. Area Inlet at Walker Park. ' 1.2 SUBMITTALS DURING CONSTRUCTION I C A. Submittals during construction shall be made in accordance with Section 01001, BASIC REQUIREMENTS. In addition, the following specific information shall be provided: 1. Concrete Mix Design 2. Certification for Aggregate Quality ' 1.3 PLANT INSPECTION I [1 [1 A. The Engineer shall have access to and have the right to inspect all batch plants, cement mills, and supply facilities of suppliers, manufacturers, subcontractors, and contractors providing products included in these Specifications. Batch plants shall have current certification that all weighing scales have been tested and are within the tolerances as set forth in the National Bureau of Standards Handbook No. 44. B. Batch plant equipment shall be either semiautomatic or fully automatic. 1.4 RELATED WORK SPECIFIED IN OTHER SECTIONS ' Section No. Item 03210 Reinforcement Steel H I I FY012109 Fayetteville Tennis / Basketball Courts Section 03300 - 1 I I PART 2 PRODUCTS 2.1 CEMENT , A. Portland cement Type I or Type II conforming to ASTM C150. 2.2 WATER A. Clean and free from oil, acid, alkali, organic matter, or other deleterious substances. ' 2.3 CONCRETE AGGREGATES - GENERAL ' A. Natural aggregates, free from deleterious coatings, conforming to ASTM C33, together with all referenced ASTM Standard Specifications, except as modified herein. Aggregates shall not be potentially reactive as defined in Appendix XI of ASTM C33. The Contractor's attention is directed also to Paragraph Si. 1 of Appendix XI of ASTM C 33 since evidence of reactive problems on existing structures shall be used also to prove that sources of aggregates are reactive and cannot be used. The Contractor shall be responsible for meeting these Specifications and shall import nonreactive aggregates if local aggregates are reactive. Aggregates shall be thoroughly and uniformly washed before use. 2.4 FINE AGGREGATES A. Conform to ASTM .C33. Materials finer than the 200 sieve shall not exceed 4 percent. Use only clean, sharp, natural sand. 2.5 COARSE AGGREGATE A. Use only crushed gravels, crushed stone, or a combination of these materials containing no more than 15 percent float or elongated particles (long dimension more than five times the short dimension). Materials finer than the 200 sieve shall not exceed 0.5 percent. 2.6 ADMIXTURES A. Air Entraining: Use air entraining admixture for all concrete used in the sealing of the anchorage recesses and in the walkway posts and handrails. B. Conform to ASTM C-260, non-toxic after 30 days. C. Provides 4.52 to 7.5% air content. D. Manufacturer: Master Builders Inc. Co., Cleveland, OH. 1. Micro Air or AE90 2. Or Equal. I FY012109 Fayetteville Tennis / Basketball Courts Section 03300-2 , I 2.7 I I I I I C I I GROUTS - NONSHRINK A. Nonshrink grout for use in bottom of area inlet at Walker Park , see details, shall conform to the Corps of Engineers' Specification for Nonshrink Grout, CRD-C621-89, and to these Specifications. The grout shall be subject to tests performed by the grout manufacturer. The tests shall be performed in an independent test laboratory or other prearranged location approved by the Engineer to verify fluidity, placement, shrinkage, and strength. B. Grout shall be a fluid grout capable of satisfactorily meeting ASTM C230 and shall be nonmetallic. The grout shall be a nongas-liberating type, cement base product; premixed product requiring only the addition of water for the required consistency. All components shall be inorganic. No material, except water, shall be added at the project site. C. The grout shall exhibit the following typical compressive strength characteristics at the given consistency. Consistency Flowable Plastic Stiff 140% flow on table from ASTM C230 100% flow on table from ASTM C230 40% flow on table from ASTM C230 3 day 3,000 psi 5,000 psi 6 000 psi 7 day 5,000 6 500 8 800 28 day 7,000 9,000 10,000 D. The following listed grouts are prequalified by the Engineer, that meet these requirements, and are acceptable for general use such as grouting of anchor base plates. 1. SET nonshrinking grout, Master Builders Co., Cleveland, Ohio 2. Crystex, L & M Construction Chemicals, Inc., Omaha, Nebraska E. Follow manufacturer's instructions for use. IF. The grout used shall be cured as recommended by the grout manufacturer. I I I H FORM MATERIAL - GENERAL A. Form surfaces shall be in "new and undamaged" condition and may be plywood, hard plastic finished plywood, overlaid waterproof particle board, and steel of sufficient strength and surface smoothness to produce the specified finish. FY012109 Fayetteville Tennis / Basketball Courts Section 03300-3 I I B All joints in forms shall be taped, gasketed, plugged, and/or caulked with an approved material so that the joint will remain watertight and withstand placing pressures without bulging outward or creating surface patterns. Formwork with gaps and apertures in the form surfaces shall not be used. Form surfaces that have been damaged and are no longer in a smooth "new and undamaged" condition shall not be reused except in areas where finish is of no real concern and then only after written approval is obtained from the Engineer. C. The Contractor shall comply with all form tie requirements included in the various , sections of this Specification, and shall submit shop drawing information for review by Engineer and obtain approval prior to purchase of forms. D. It is required that the outside finish of the new replacement walkway posts, handrails, and toe boards resemble as closely as possible the texture and color of the existing members. The Contractor shall investigate the use of form liners for this purpose. , Acceptable form liners include: 1. Fitzgerald Form Liners, Santa Ana, CA Pattern 16990 or 16991 ' 2.9 FORM TIES A. . ....Form ties on exposed surfaces shall .be located in a uniform pattern or as indicated on , :.the Drawings. Form ties shall be constructed so that the tie remains embedded in the wall, except for a removable portion at each end. Form ties shall have conical or spherical type inserts, inserts shall be fixed so that they remain in contact with ..forming material,: and shall be constructed so -that no metal is within 1 inch of the -concrete surface.when the forms,. inserts; and tie ends are removed. Wire ties will not be permitted. Ties shall withstand all pressures and limit deflection of forms to acceptable limits. B . Flat bar tiesfor panel forms shall have plastic or rubber inserts having a minimum• depth of 1 inch and sufficient dimensions to permit proper patching of the tie hole. 2.10 BOND BREAKER A. Bond breaker shall be a nonstaining type, which will provide a positive bond prevention such as Williams Tilt -Up Compound, as manufactured by Williams Distributors, Inc., Seattle, WA; Silcoseal 77, as manufactured by SCA Construction Supply Division, Superior Concrete Accessories, Franklin Park, IL; or equal. Submit review copies of manufacturer's data, recommendations, and instructions for specific ' use on this project. B. Do not use bond breaker if surface retarding agent is used unless it can shown to be compatible with the retarding agent. 2.11 SURFACE RETARDING AGENT A. Use surface retarding agent in lieu of form liners specified above if necessary to , obtain the texture to match existing posts and handrails. -1 FY012109 Fayetteville Tennis / Basketball Courts Section 03300-4 I B. The agent shall be a form applied retarder specifically designed to produce uniform ' exposed aggregate on concrete surfaces. The agent shall be available in different etches. The Contractor shall select the etch which most closer conforms to the texture of the existing walkway members. C. Manufacturer's I. Fosroc / Preco: EAC-S I. 2. Texas Concrete Chemical / Areal Chemicals: EXPOSE -IT 3. Or Equal. 2.12 CURING COMPOUND A. Curing compound to conform to the requirements of ASTM C309, with the ' additional requirement that permeability not exceed 0.039 gm/square cm/72 hours. Masterseal, manufactured by Master Builders, Cleveland, Ohio; Euco Floor Coat, manufactured by Euclid Chemical Co., Cleveland, Ohio; or equal. Curing compounds shall be compatible with required finishes and/or coatings. Tests for compliance shall be made by manufacturer with certification furnished by the Contractor. Manufacturer's certification shall state quantity or coverage required to meet or exceed tests and method of application. The manufacturer shall submit ' certification that the product meets ASTM C309 and the additional permeability requirement, and shall specifically state the coverage required to meet these requirements. The Contractor shall not use the curing compound where additional finishes such as hardeners, paintings, staining, and other special coatings are required. Use water curing as hereinafter specified instead. IPART 3 EXECUTION ' 3.1 DESIGN OF CONCRETE MIX - PROPORTIONS (GENERAL) A. Before beginning any concrete work, the Contractor shall have the concrete mix ' designed and the ingredients selected and proportioned by an approved independent testing laboratory meeting the requirements of ASTM E 329. Certified copies of all laboratory trial mix reports shall be sent to the Engineer from the testing laboratory. Do not place concrete prior to the Engineer's review and acceptance in writing of the 'concrete mixes and the cylinder test results from these laboratory mixes. B. The concrete mix shall be designed so that the proportions will produce results that will meet the requirements of the project. C. The concrete shall be proportioned in accordance with ACI 211 subject to the ' following specifications. I FY012109 Fayetteville Tennis / Basketball Courts I Section 03300 - 5 I D. Design the mix and perform tests to meet the following requirements: I. Design strength of structural concrete shall be a minimum of 3,000 psi at 28 days. The combined aggregate grading shall be for the I inch grading combination hereinafter specified, unless otherwise shown on the Drawings or specified herein. 2. The water -cement ratio or water -cement plus pozzolan ratio, if applicable, , shall not exceed 0.49 by weight, unless otherwise approved in writing by the Engineer. 3. Minimum cement content or combined cement plus fly ash content when fly ash is used for performance and longevity, regardless of design strength, shall be 423 pounds per cubic yard for concrete with 1 -1/2 -inch maximum size aggregate, 470 pounds per cubic yard for 1 -inch maximum size aggregate, , and 517 pounds per cubic yard for 3/4 -inch maximum size aggregate. The Contractor shall increase cement content or the combined cement plus fly ash content, when fly ash is used, as required to meet strength requirements. The amount of fly ash used shall not exceed 25 percent or be less -than 15 percent of the total weight of fly ash plus cement. Verify that design mix test results reflect the slump to be used. 3.2 MEASUREMENT OF MATERIALS AND MIXING A. Conform to ACI.304 current edition and to other requirements hereinbefore specified ' for mix design, testing, and quality control and to these Specifications. 3.3 RETEMPERING ' A. The retempering of concrete or mortar in which the cement has partially hydrated will not be permitted. 3.4 REUSE OF FORMS A. Reuse of forms will be permitted only if a "like new" condition, unless otherwise ' approved in writing, is maintained. The Engineer shall be notified one full working day prior to concrete placement so that the forms can be inspected. The Contractor shall correct any defective work, found in the Engineer's inspection, prior to delivery of concrete to the project. Formwork surfaces that were in good condition and accepted for use, but were damaged during removal and handling shall not be reused on additional pours. The Contractor is expected to take care in the handling of forms and to obtain approval of form surfaces prior to each reuse. B. All forms, falsework, shoring, and other structural formwork required shall be structurally designed by the Contractor and the design shall comply with all applicable safety regulations, current OSHA regulations, and other codes. Comply with applicable portions of ACI 347, ACI 318 current edition, and these Specifications. All design, supervision, and construction for safety of property and personnel shall be the Contractor's full responsibility. -I FY012109 Fayetteville Tennis / Basketball Courts Section 03300-6 , I ' 3.5 FORM TOLERANCES I I I HIS J I I I C I I I I I A. Forms shall be surfaced, designed, and constructed to meet ACI 318 and the following minimum requirements for the specified finishes. Failure of the forms to produce the specified requirements will be grounds for rejection of the concrete work. Rejected work shall be repaired or replaced by the Contractor at no additional cost to the Owner. All repair or replacement shall be subject to these Specifications and the approval of the Engineer. Where the Contractor's work does not meet the tolerance specifications he shall submit his proposed method to upgrade the specified finish to compensate for the inferior appearance or to repair or provide an acceptable alternate solution. Obtain in writing the approval of this repair or alternate solution before proceeding. All repair work or work on an alternate solution required shall be at no additional cost to the Owner. 3.6 FORM SURFACE PREPARATION - GENERAL A. All form surfaces in contact with the concrete shall be thoroughly cleaned of all previous concrete, dirt, and other surface contaminants prior to preparing by the applicable method below. Do not reuse damaged form surfaces. 3.7 EXPOSED WOOD FORMS A. All wood surfaces in contact with the concrete shall be coated with an effective release agent prior to form installation. The release agent shall be nonstaining and nontoxic after 30 days. 3.9 CHAMFERS AND DECORATIVE RECESS A. The new replacement posts shall match the existing as closely as possible. B. The Contractor shall make detailed measurements (see drawings) of the existing posts to determine the dimensions of the chamfered edges and recesses and place strips and inlays onto the forms to duplicate those dimensions and appearance. C. The posts shall be cast as one unit. It shall be integrated into the deck concrete by the use of embedded vertical reinforcing as shown on the drawings. Drill holes into the deck and utilize epoxy agents to bond the reinforcing into the substrate concrete. 3.10 HANDRAILS Not Used 3.11 BACKFILL AGAINST WALLS Not used. 3.12 PLACING CONCRETE - GENERAL A. Upon completion of forms and placing of reinforcing steel, and before concrete is placed, notify other trades whose work is in any way connected to, combined with, or influenced by the concrete work. Allow them reasonable time to complete their portion of work which must be completed before concrete is placed. ' FY012109 Fayetteville Tennis / Basketball Courts Section 03300 - 7 I I B. Notify Owner or his authorized representative at least I full working day in advance before starting to place concrete to permit inspection of forms, reinforcing, sleeves, conduits, boxes, inserts, or other work required to be installed in concrete. C. Placement shall conform to the requirements and recommendations of ACI 304, ' except as modified herein. D. Place concrete as soon as possible after leaving mixer, without segregation or loss of , ingredients. E. When placing concrete, use of aluminum pipe or other aluminum conveying devices , will not be permitted. F. Before. depositing concrete, remove debris from the space to be occupied by the concrete. Prior to placement of concrete, dampen gravel fill under slabs on ground, dampen sand where vapor barrier is specified, and dampen all wood forms. Reinforcement shall be secured in position and acceptable to the Engineer before concrete is placed. Conform to ACI 304 and to other requirements needed to obtain the finishes specified. 3.13 CONVEYOR BELTS AND CHUTES A. All ends of chutes, hopper gates, and all other points of concrete discharge throughout .the:Contractor's Contractor's conveying, hoisting, and placing system shall be so designed and arranged that concrete passing from them will not fall separated into : whatever receptacle. immediately receives it. Conveyor belts, if used, shall be of a ' type approved by the Engineer. Chutes longer than 50 feet will not be permitted. Minimum slopes of chutes shall be such that concrete of the specified consistency will readily flow in them. If a conveyor belt is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyor belts and chutes shall be covered. Sufficient illumination shall be provided in the interior of all forms so that the concrete at the places of deposit is visible from the deck or runway. 3.14 PUMPING OF CONCRETE - GENERAL A. Pumping of concrete will be permitted only with the Engineer's approval. If the pumped concrete does not produce satisfactory end results, the Contractor shall discontinue the pumping operation and proceed with the placing of concrete using conventional methods. 3.15 REMOVAL OF WATER - ' A. Unless the tremie method of placing concrete is specified, remove all water from the space to be occupied by the concrete. , I FY012109 Fayetteville Tennis / Basketball Courts Section 03300-8 , I ' 3.16 CONSOLIDATION AND VISUAL OBSERVATION C1 I I LI Li J H I Ij I H H I� I A. Concrete shall be consolidated with internal vibrators having a frequency of at least 8000 vpm, with amplitude required to consolidate the concrete in the section being placed. At least one standby vibrator in operable condition shall be at the placement site prior to placing the concrete. Consolidation equipment and methods shall conform to ACI 309. The forms shall contain sufficient windows or be limited in height to allow visual observation of the concrete and the vibrator operator shall be required to see the concrete being consolidated to ensure good quality workmanship, or the Contractor shall have a person who is actually observing the vibration of the concrete at all times and advising the vibrator operator of any changes needed to assure complete consolidation. 3.17 PLACING CONCRETE IN HOT WEATHER . A. Prepare concrete aggregates, mixing water, and other ingredients; place concrete; cure; and protect in accordance with the requirements of ACI 305. Provide special admixtures and special curing methods required by other paragraphs in this Section even though not required by ACI 305 and ACI 318. Water -reducing and/or set -retarding admixtures shall be used in such quantities as especially recommended by the manufacturer to assure that the concrete is workable, and lift lines will not be visible in architectural concrete finishes. B. Every effort shall be made to maintain a concrete temperature below 90 degrees F at time of placement. Ingredients shall be cooled before mixing to prevent excessive concrete temperature. C. Provisions shall be made for windbreaks, shading, fog spraying, sprinkling, or wet cover, when necessary. 3.18 PLACING CONCRETE IN.COLD WEATHER A. Do not place concrete when the ambient temperature is below 40 degrees F, or approaching 40 degrees F and falling, without special protection as hereinafter specified. No concrete shall be placed against frozen earth or ice, or against forms and reinforcement with frost or ice present. FY012109 Fayetteville Tennis / Basketball Courts Section 03300-9 B. Temperatures of the concrete mix shall be as shown below for various stages of mixing, placing of the concrete mix. , CONCRETE TEMPERATURES Section size, minimum dimension, inch Air Temp. 12 in. 12-36 inches 36-72 inches 72 inches Minimum concrete temperature as mixed for indicated weather: Above30F 60F 55F 50F 45F ' 0to30F 65F 60F 55F 50F Below0F F 70 F 65 F 60 F 55 F .Maximum allowable gradual temperature drop in first 24 hours after end of protection: 50F 40F 30F 20F C. Concrete placed shall be cured and protected as hereinafter specified for a minimum of 7 days except that the strength requirements may require additional protection and • curing during cold weather due to delayed field strength gain. D. During cold.weather concreting the Contractor shall cast six extra test cylinders, for field curing, from the last 100 cubic yards of concrete but not fewer than three specimens shall be cast for each 2 hours of placing time or for each 100 yards, whichever produces greater number of specimens. These specimens shall be in addition to those cast by the Engineer for lab testing as specified hereinafter in Paragraph EVALUATION AND ACCEPTANCE OF CONCRETE. E. Test cylinders shall be protected from the weather until they can be placed under same protection provided for the parts of the structure which they represent. Test cylinders shall be tested in accordance with applicable sections of ASTM C 31 and C 39. Evaluation and acceptance as per ACI 318-77, Paragraph 4.8.3. F. The actual temperature of the concrete surface determines the effectiveness of protection, regardless of air temperatures or whether the objective is durability or ' strength. Because corners and edges of concrete are most vulnerable to freezing and usually are more difficult to maintain at the required temperature, their temperatures should be monitored to evaluate and verify the protection provided. The Contractor shall provide a sufficient number of thermometers to be placed on the concrete surfaces spaced throughout the work to allow inspection and monitoring of concrete surface temperatures representative of all the work. I FY012109 Fayetteville Tennis / Basketball Courts Section 03300 - 10 t I I I I I L7 H IP1 LI Li G. Heating units should be vented and not be permitted to heat or dry the concrete locally. Fresh concrete exposed to carbon dioxide (CO2) gas from polluted atmospheres or resulting from the use of salamanders or other heating devices which exhaust flue gases directly into an enclosed area may result in concrete carbonation, causing soft surfaces of varying depths depending on the concentration of carbon dioxide, the temperature at which the concrete was cured, and the relative humidity. Carbon monoxide, which can occur with partial combustion, and high levels of carbon dioxide are potential hazards to workmen. Moreover, strict fire prevention measures should be enforced. Concrete at any age can be damaged by fire, but at a very early age it may be additionally damaged by freezing until new protection can be provided. H. Maintain curing conditions which will foster normal strength development without excessive heat, and without critical saturation of the concrete at the close of the protection period. Limit rapid temperature changes, particularly before strength has developed sufficiently to withstand temperature stresses. Sudden chilling of concrete surfaces or exterior members in relation to interior structure can promote cracking to the detriment of strength and durability. At the end of the required period, protection should be discontinued in such a manner that the drop in temperature of any portion of the concrete will be gradual and will not exceed, in 24 hours, the amount shown in the table hereinbefore specified. J. Maintain the temperature of the concrete above 50 degrees for a minimum of 7 days. The Contractor shall submit his detailed plan for cold weather curing and protection of all concrete that is to be placed and/or cured in weather below 40 degrees F. Reference may be made to the recommendations of ACI 306 and ACI 318 for additional information. Conform to these Specifications and to any additional information in ACI 306 which will provide the temperature protection and curing for the 7 -day period. K. Additives for the sole purpose of providing "freeze protection" shall not be used. Additives to shorten the cure time may be used if approved; however, the concrete shall be placed and cured at all times at temperatures above freezing as hereinbefore specified. ' 3.19 BONDING TO NEW CONCRETE HORIZONTAL CONSTRUCTION JOINTS I r I I A. Roughen the surface of the hardened concrete. Thoroughly clean and saturate with water, cover the horizontal surfaces only with at least 2 inches of grout, as hereinbefore specified, and immediately place concrete. New concrete is defined as less than 60 days old. Limit the concrete lift placed immediately on top of the grout to 12 inches thick and thoroughly vibrate to mix and consolidate the grout and concrete together. Provide inspection windows to allow close visual inspection of this work. FY012109 Fayetteville Tennis / Basketball Courts Section 03300 - II I 3.20 BONDING TO OLD CONCRETE A. Coat the contact surfaces with bonding agent specified hereinbefore. The method of ' preparation and application of both the bonding agent and the grout shall conform to the manufacturer's printed instructions and recommendations for specific application for this project. Obtain this recommendation in writing from the manufacturer's representative. 3.21 EVALUATION AND ACCEPTANCE OF CONCRETE , A. Conform to ACI Standard Building Code requirements for reinforced concrete (ACI ' 318-83), Section 4.7, "Evaluation and Acceptance of Concrete", and to the following specifications: The Contractor will have tests made by an independent testing laboratory, approved by the Owner, to determine compliance with the Specifications. • The Contractor shall pay for testing and furnish necessary labor to assist testing agencies in obtaining, handling, and protecting and/or curing samples at the jobsite.: The Contractor shall provide adequate facilities for safe • storage and proper curing of concrete test cylinders on the project site for the -first 24 hours, and for additional time as may be required before transporting to the test lab. Specimens will be made, cured, and tested in accordance with ASTM C 31 and ASTM C 39. 2. One set of test cylinders for each class of concrete placed each day shall be• taken not less than once a day, nor less than once for each 100 cubic yards of • concrete, nor less than once for each 3,000 square feet of wall or slab surface area. Each set of test cylinders shall consist of one cylinder to be tested at 7 • days, and two (2) cylinders to be tested at 28 days, and one spare cylinder for 28 day test if necessary. The Contractor may take any additional cylinders he feels necessary. 3. The frequency of testing may be increased if necessary. Additional testing, if required, will be paid by the Contractor. ' Where the term "building official" is used in Section 4.7 of ACI 318-83, the term shall be redefined to "the Owner's representative". 3.22 DEFECTIVE AREAS A. Remove all defective concrete such as honey -combed areas and rock pockets out to ' sound concrete. Small shallow holes caused by air entrapment at the surface of the forms shall not be considered defects unless the amount is so great as to be considered not the standard of the industry and due primarily to poor workmanship. If chipping is required, the edges shall be perpendicular to the surface. Feather edges shall not be permitted. The defective area shall be filled with a nonshrink, nonmetallic grout. Use an approved bonding agent on horizontal patches prior to placing grout. Since some bonding agents may not be compatible for some vertical surface patching techniques, submit all proposed methods for repair of vertical surfaces prior to ordering materials. The Contractor shall consult with FY012109 Fayetteville Tennis / Basketball Courts Section 03300 - 12 ' I r- representatives of the bonding agent manufacturer and the nonshrink grout ' manufacturer, and obtain a written recommendation for the patching of defective areas. Submit this information for review prior to performing the work. ' 3.23 CURING OF CONCRETE A. Cure concrete by keeping the surface continuously wet for 7 days where normal portland cement is used, or 3 days where high -early strength Type III cement is used. ' Subject to approval by the Engineer, one of the following methods shall be followed: 1. Concrete forms shall be left in place and kept sufficiently damp at all times to prevent opening of the joints and drying of the concrete; or 2. A curing compound as hereinbefore specified, where allowed, shall be ' applied immediately after removal of forms. 3. Exposed surfaces shall be continuously sprinkled. 3.24 CURING AND PROTECTION IN COLD WEATHER A. Conform to cold weather concreting hereinbefore specified and to ACI 306. Where water curing, as specified hereinbefore, is not possible, use a double coverage of an approved curing compound and protect the slabs during the cold weather by the use of Visqueen or other material. Repair or replace concrete damaged by cold weather. END OF SECTION H I H I Li] Li I ' FY012109 Fayetteville Tennis/Basketball Courts Section 03300 - 13 3:069101MIWIII'I SEALANTS PART I 1.1 1.2 1.3 1.4 1.5 GENERAL SUMMARY A. Provide sealants for Crack Repairs to Wilson Park's Existing Asphalt Tennis Courts. ENVIRONMENTAL CONDITIONS A. The ambient temperature shall be between 40 degrees F. and 90 degrees F. (4 degrees C. and 32 degrees C.) when sealant is applied. RELATED SECTIONS A. Section 01300 - Submittals. REFERENCES A. American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. 1. ASTM D1751 - Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Type). B. Federal Specifications: 1. TT -S-00230 - Sealing Compound: Elastomeric Type, Single Component (For Caulking, Sealing, and Glazing in Buildings and Other Structures). 2. TT -S-1543 - Sealing Compound: Silicone Rubber Base (For Caulking, Sealing and Glazing in Buildings and Other Structures). PRODUCT HANDLING A. Deliver sealants to the job site in sealed containers, each bearing manufacturer's name and product designation. FY012109 Fayetteville Tennis / Basketball Courts 07900- 1 I fl PART 2. PRODUCTS , 2.1 GENERAL A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired only. Products of , other manufacturers will be considered in accordance with the General Conditions. B. Sealants shall be self -leveling (S/L) for horizontal and sloping joints with a maximum ' slope of 1 percent. Nonsag sealants (N/S) shall be used for steeper sloped joints, vertical joints, and overhead joints. 2.2 HORIZONTAL JOINTS IN CAST -IN -PLACE CONCRETE, SUBMERGED, AND ' NONSUBMERGED A. :One -part polyurethane sealant conforming to Federal Specification TT -S-00230, , Type I, Class A, S/L; Mameco Vulkem 45; or equal.. Color shall be manufacturer's standard limestone gray. 2.3 SPECIAL APPLICATIONS A. One -part polyurethane sealant conforming to Federal Specification TT -S-00230, Type II, Class A, N/S; Mameco Vulkem 116; Sika Sikaflex IA; or equal. Color shall be manufacturer's. standard limestone gray. Typical locations: Sealant bed for aluminum thresholds. 2.4 HIGH TEMPERATURE PIPING (250 DEGREES F. MAXIMUM) , A. One -part silicone sealant conforming to Federal Specification TT -S-1543, Class A, N/S; ' Pecora 864; Dow Coming 790; or equal. Color shall be bronze. 2.5 MILLWORK APPLICATIONS A. One -part acrylic latex polymer, paintable, N/S; as manufactured by Pecora; Tremco; or equal. Color shall be white. 2.6 BACKUP MATERIAL I A. Use closed -cell polyethylene foam rod conforming to ASTM D1751 and compatible with sealant used. Size as shown or as recommended by manufacturers for all joints greater than 3/16 inch wide. .1 FY012109 Fayetteville Tennis / Basketball Courts 07900-2 , 2.7 BOND BREAKER A. As recommended by sealant manufacturer. 2.8 PRIMER A. As recommended by sealant manufacturer. PART 3. EXECUTION 3.1 3.2 3.3 PREPARATION A. Surfaces to be sealed shall be clean, dry, sound and free of dust, loose mortar, and other foreign materials. B. Mask adjacent surfaces where necessary to maintain neat edge. C. Starting of work will be construed as acceptance of subsurfaces. INSTALLATION A. Apply materials following manufacturer's recommendation and instructions. B. Fill sealant joint completely from back to top, without voids. C. Tool sealant joints slightly concave after sealant is installed. When tooling white or light color sealant, a water wet tool shall be used. CLEANING A. Surfaces next to the sealed joints shall be cleaned of smears or other soiling resulting from the sealing application. B. At no additional cost to Owner, replace or repair to Owner's satisfaction damaged surfaces resulting from sealing or cleaning. END OF SECTION FY012109 Fayetteville Tennis / Basketball Courts 07900-3 Li C I H I rI 71 'I SECTION 13500 NOVA'PRO - BOUNCE TENNIS COURT RESURFACING Scope: This specification is intended for use as a guide for the resurfacing of existing asphalt tennis courts at Wilson Park, and conversion to a cushioned "American Hard Court" acrylic surface using the unique, patent pending Nova'Pro-Bounce system. PART1-GENERAL 1.01 Summary A. This section includes, and is not limited to: 1. Installation of an acrylic "CushionCourt" tennis court construction consisting of a base sheet of synthetic fibers and fabric interlocked with select aggregates and synthetic polymers. 2. Preparation of existing asphalt or concrete base and / or existing fast dry or crushed rock base to receive new surfacing. 3. Tennis net posts, foundations and anchor straps ' 1.02 Quality Assurance IA. Nova'Pro-Bounce tennis surface shall be constructed by an approved dealer or distributor, certified by Novagrass Intl., Inc. having performed no less than three (3) jobs similar in size and scope to said job bid herein. The successful bidder shall submit ' references for said jobs in writing at the time of bid submittal with the name, address and telephone number of the owner for said jobs. ' B. All material shall be clearly marked with the manufacturer's name. C. Material shall not be installed when rain is imminent or the temperature is below 50 ' degrees Fahrenheit. 1. The installation of the Nova'Pro-Bounce system shall be completed in dry ' weather. ' 2. Neither surface nor aggregates may be moist or wet. 3. Fabrication shall be done in dry weather with the temperature above 50 degrees. ' FY012109 Fayetteville Tennis/Basketball Courts 13500-I I I PART2-PRODUCTS 2.01 SURFACING SYSTEM FOR TENNIS A. The Nova'Pro-Bounce base sheet, Nova'PB-Stratum system shall consist of artificial fibers that shall meet the following minimum specifications. 1. Tufting Construction ASTM D418 2. Breaking Elongation 124%, ASTM D1682 3. Breaking Load 181 Ibs, ASTM D1682 4. Grab Tear Strength 100 Ibs, ASTM D 1682 5. Seam Tensile Strength 55 lbs/inch, minimum 6. Melting Point 334.4 degrees Fahrenheit, ASTM D 789 7. Flammability Test Pass, ASTM E 108 ' B. Granular fill material, Nova'PB-TexFill, shall• consist of 30-70 mesh granules ' applied at a rate of two (2) lbs per square foot. All aggregate shall be kept dry. C. Seams: Nova'PB-Bond Weather resistant tape and high strength adhesive highly resistant to aliphale hydrocarbons. D. Nova'PB-PolySeal acrylic binders and Nova'PB-ACR Binder and Nova'PB-Finish ' surfacing materials shall be of the quality approved by system designer, Novagrass Intl, and shall be 100% acrylic resin. PART 3- EXECUTION If BASE PREPARATION 3.01 TENNIS COURT SURFACE PREPARATION FOR EXISTING ASPHALT AND CONCRETE A. The Nova'Pro-Bounce tennis surfacing system shall be installed on a sound base ' surface with surface tolerance not exceeding 1/8" in 10' when measured in any direction with a minimum slope in one direction of 1" in 10'. Slope is to preferably run side -to- I side. B. Existing Asphalt and / or Concrete Bases 1. Once the surface has been thoroughly cleaned and is free of all loose material, dirt, dust, and foreign debris, the court should be flooded with water and allowed to drain. Any area that holds water in a depth greater than 1/16" (thickness of a nickel) shall be outlined and patched. .i FY012109 Fayetteville Tennis/Basketball Courts 13500-2 LI 2. Surface Leveling: Birdbaths shall be leveled using the following ' a. Area to be patched shall be primed using five parts water to one part Nova'PB-PolyTex patching compound. b. Primer to be brushed into place and allowed to dry prior to placement of the patch. ' c. Surface Patch: Mix thoroughly five gallons of Nova'PB-PolyTex compound binder, five gallons of silica sand and one pint Type I Portland ' Cement. Applied in layers up to 1/2" deep. 3. Cracks shall be cleaned, primed and filled with dry silica sand up to 1/4" of top surface profile and then filled to level with Nova'PB-PolyTex patch mix compound. A rigid thin film tape, Nova'PB-Bond II shall be laid into wet caulk on cracks 1/4" and larger to prevent shadowing after surfacing. 3.02 NOVA'PRO-BOUNCE SURFACING SYSTEM All center strap anchors and net post sleeves must be in place prior to surface installation A. The surface course shall be installed according to manufacturer's specifications. B. All surface course materials are to be installed after the surface has been inspected and ' approved by the Owner and Engineer. IC. Specially engineered sheet layer, Nova'PB-Stratum shall be placed over subbase. D. All sections of the base sheet layer are to be laid out in the same direction. ' E. All joints shall be attached with Nova'PB-Bond, a special combination of a single strength industrial adhesive and a high quality weatherproof tape. ' F. Base Sheet In fill: Using a special mechanical mix device to filter the material into the fabric, the Nova'PB-TexFill material in fill shall be filtered into the surface mat in several light layers and shall be brushed in to allow compaction and level finish. G. Prime Coat: Entire area to receive a coat of Nova'PB-PolySeal binder blended with a ' pre -measured quantity of Nova'PB-PolyBind activator and allowed to cure. All material to be spray applied using the Nova'PB-AppSYS. I I FY012109 Fayetteville Tennis/Basketball Courts 13500-3 H. Seal Coat: Entire area to be saturated with a seal coat blended with a pre -measured quantity of Nova'PB-PolyBii for a minimum of 24 hours. All material to be spray AppSYS. I. Inspect entire surface for imperfections, grind and scrape of Nova'PB-Polyseal binder, id activator and allow to cure applied using the Nova'PB- surface of all imperfections. 1 J. Fill & Texture: Apply one coat by rubber squeegee of Nova'PB-ACR Binder to surface to prepare area to receive color surfacing materials. K. Finish: Apply Nova'PB-Finish approved color surfacing system. L. Caution: Do not allow petroleum products to be spilled on the Nova'Pro-Bounce surface. 1 7.02 CLEAN UP A. Upon completion of the work, the contractor shall remove all containers, surplus materials and debris, and have the site in a clean and orderly condition acceptable to the Owner and the Engineer. 5.01 WARRANTY 1 A. Materials shall have a five-year limited warranty supplied by the manufacturer. B. Contractor to provide Owner with a written warranty at completion of project, subject ,, to the approval of the Owner and Engineer. END OF SECTION :.. '.:. 1 i 1 1 1 .i FY012109 Fayetteville Tennis/Basketball Courts 13500-4 1 I SECTION 13600 ACRYLIC COURT SURFACING SYSTEM I APPLICATION SPECIFICATIONS ASPHALT SURFACES 1 1.0 DESCRIPTION This specification covers the application of a new wearing surface texture for Plexipave or equal at the Walker Park Tennis and Basketball Courts. The process consists of the repair of any minor depressions, followed by application of the Plexipave or equal System. 1 2.0 MATERIALS 2.1 Plexipave or equal Court Patch Binder — shall comply with Manufacturers 1 Specifications. 1 2.2 Plexipatch or equal — shall comply with Manufacturers Specifications. 2.3 Acrylic Resurfaces — shall comply with Manufacturers Specifications. 1 2.4 Plexipave or equal.Color Base - shall comply with Manufacturers Specifications. 1 2.5 Plexichrome or equal — shall conform to shall comply with Manufacturers Specifications.. 1 2.6 Plexicolor Line Paint or equal — shall conform to Manufacturers Specifications. 2.7 Water — the water used in all mixtures shall be fresh and potable. I [1 I C I 1FY012109 Fayetteville Tennis/Basketball Courts 13600-1 I I 3.0 CONSTRUCTION 3.1 Surface Preparation — The surface to be coated must be sound, smooth, and free from dust, dirt or oily materials. Prior to the application of surfacing materials, the entire surface should be flooded, and checked for minor depressions or irregularities. Any puddle area covering a nickel shall be marked and repaired with Court Patch Binder using the following mix: 100 lbs — 80 mesh silica sand (dry) 3 gallons Plexipave Court Patch Binder or equal 1 to 2 gallons Portland Cement (dry) (depending on humidity and , temperature) Tack. coat consisting of! part Court Patch Binder and2 parts water shall be ' applied to the patch areas and allowed to dry thoroughly prior to patching. For more information see CPC Specification 10.14 or 10.21. After patching, the surface shall not vary more than 1/8 inch in ten feet measured in any direction. 4.0 SURFACE COURSE PREPARATION In order.to provide a smooth, dense underlayment for the Plexipave or equal ' system, one application of California Acrylic Resurfacer or equal shall be applied to the surface to obtain a coverage of 15 — 20 sq. yds. Per gallon (.07 — .05 gallons per square yard). No application shall be covered by a succeeding application until thoroughly cured. Dilution with water and sand is required utilizing the following mix: ' Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20 — 40 gallons Sand (60-80 Mesh) 600-900 lbs. Liquid Yield 112— 138 gallons 5.0 FORTIFIED PLEXIPAVE or equal 5.1 Fortified Plexipave or equal shall be applied by rubber bladed squeegee on the clean, dry surface in 3 applications to obtain a total quantity of not less than .115 nor more than .23 gallons per sq. yd. Of area, based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. I 2FY012109 Fayetteville Tennis/Basketball Courts 13600-2 ' n J Fortified Plexipave or equal can be job mixed as follows: Plexipave or equal Color Base 30 gallons Plexichrome or equal 20 gallons Water 20 gallons The diluted material shall be homogeneous. Segregation before or during application will not be permitted. The finished surface shall have a uniform appearance and be free from ridges and tool marks. Four hours minimum after completion of the color resurfacing, 2 -inch wide playing lines shall be accurately located, marked, and painted with Plexicolor Line Paint or equal as specified by the U.S. Tennis Association. 6.0 LIMITATIONS ' No parts of the construction involving the Acrylic Surfacing System conducted during rainfall, or when rainfall is imminent. The air temperature must be at least 500 F and rising. Do not apply when surface temperature is above 1400F. .1 I I I El J I ' 3FY012109 Fayetteville Tennis/Basketball Courts 13600-3 I I H [1 I I I I APPENDIX A • OSHA STANDARD FOR EXCAVATION & TRENCHES SAFETY PROGRAM I I H H I I I 1 Suit of Arkansas 2 79th General Assembly 3 Regular Session, 1993 4 By. Senator Keet 5 Ar Engrossed: 2/10193 ACT 93 A Bill SENATE BILL 320 6 7 For An Act To Be Entitled g "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC 9 WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCE OR 10 EXCAVATION SAFETY SYSTEMS; TO INVALIDATE BIDS WHICH DO NOT 11 CONTAIN SUCH PROVISIONS; TO DECLARE AN EMERGENCY; AND FOR 12 OTHER PURPOSES." 13 14 Subtitle 15 "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC 16 WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR 17 EXCAVATION SAFETY SYSTEMS." 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF.THE STATE. OF ARKANSAS: 20 21 SECTION 1. Whenever any agency of this state or of any county, 22 municipality, or school district, or other local taxing unit or improvement 23 district enters into a contract covered by the provisions of Arkansas Code 55 24 22-9-202 - 22-9-204 for the making of repairs or. alterations or the erection 25 of buildings or for the making of any other impravements, or for the 26 construction or improvement of highways, roads, streets, sidewalks, curbs, 1111 27 gutters, drainage or sever projects, or for any other construction project in 23 which the public work or public improvement construction project involves any b1 29 trench or excavation which equals or exceeds five (5) feet in depth, the 30 agency, county, municipality, school district, local taxing unit or 31 improvement district shall require: 32 (1) the current edicion of Occupatioasl Safety and Health 33 Adm1niscration Standard for Excavation and Trenebes Safety System, 29 CF3 34 1926, Subpart F, be specifically incorporated into the specifications for the 35 project; and 36 (2) the contract bid form to include a separate pay ices for vj[276 I 1 d 2110/93 SB 320 As Eagrossr : 1 trench or excavation safety systems and ba included in the base bid. 2 3 SECTION 2. In the event a contractor fails to cocplece a separace pay 4 item in accordance with the applicable provisions of Section 1 of this act, 5 the agency, county, municipality, school district, local taxing unit or 6 improvement district shall declare that the bid fails to comply fully with the 7 provisions of the specifications and bid documents and vill be considered 8 invalid as a non -responsive bid. The owners of the above scared project shall 9 notify the State Department of Labor (Safety Division) of the award of a 1 10 contract covered by this act. 11 1 12 SECTION 3. All provisions of this act of general and permanent nature 13 are amendatory to the Arkansas Code' of 1987 Annotated and the Arkansas Code 14 Revision Commission shall incorporate the same•in the Code. 15 1 16 SECTION 4. If any provisions of this act or the application thereof to • 17 any person or circumstance is held invalid, the invalidity shall not affect 18 other provisions or applications of the act which can be given effect without 19 the invalid provisions or application, and to this end the provisions of this 20 act are declared to be severable. 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 SECTION 5.All laws and parts of laws in conflict with this act are hereby repealed. SECTION 6. Emergency. It is hereby found and determined by the 1 Seventy -Ninth General Assembly of the State of Arkansas that the well-being of Arkansas' craft workers are unnecessarily exposed to the hazards of trench excavation and the immediate passage of this act is necessary in order to protect the health and safety of the Arkansas worker. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. /s/ Senator Keet ''P' 1 3_�_ QO R 2 vjn76 H I ' OCCUPATIONALSAFETYANDREALTH 1926 Sub artP • REGULATIONS AND PROCEDURES I. Overview Subpart P Excavations ' P -I. What are the most frequently Cited serious • 29 CFR 1926.65!(1)(2) was deleted by 59 FR 40730, Excavation violations? (January 1, 1990 to dated August 9, 1994 (publication of final rule Subpart April 1, 1996) M of Part 1926 (Fall Protection)). ' 29 CFR 1926.652(aXI) (Protection in Excavations) P-2. What are some effective control measures that .651(k)(1) (Inspections) can used for the serious hazards discussed in P- .65IOX2) (Loose Rock/Soil) -651(cX2) (Means of Egress) 17 I. .651(d)(VehicularTraffic) A. Thecompeten[ on should develop .651(k)(2) (Inspections) nu a check listen and eg the st to .651(h)(!)(V✓ataAeeumulation) listed in P-1 and use the list to • .6516-(I) (Loose Rock/Soil) idrn¢fy .65 IOX2)`(Walkways/Guardrails) and correct unsafe or unhealthy thy conditions that exist on a particular worksite. ' .651(!X3) (Adjacent Structures) 651OXI)•(WallewaysfGuardrails) B. Al! excavations including trenches .652(b) (Sloping/Benching Systems) must l e shored or sloped that are 5 .651((I)(I)(AdjaccntStructures) feet (1.52 m) in depth, or ' -652(c) (Deli p greater gtr/Prot«five Systems) ' (1926.652)- For excavations less than .652(g)(2) (Shield Systems Requirements) 5 feet (1.52 m) in depth, the .652(g)(l) (Shield Systems/Geaeral) ' .651(b)(4) (Underground Installatio) ns competent n flop examines the excavation forpotential cave-in -651(6X1) (Hazardous Atmospheres) hazards and makes a determination if .651(a) (SurfaceEncumbrances) protection is needed .652(a)(2) (Protective Systems) 1 I I I I C P-1 C OCCUPATIONAL SA, E(Y AND HEALTH 1926 Subpart P REGULATIONS AND 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 @3 FR 35736), or 1-90 (55 FR 9033), as applicable. Section 1926.651 also issued under29 CFR Part 1911. SOURCE: 54 FR 45959, Oct 31, 1989, unless otherwise noted [59 FR 40730, Aug. 9. 1994] 1926.650 - Scope, Application, an d Definitions Applicable to this Subpart (a) Scope and application This subpart applies to all open excavations made in the earth's surface. Excavations arc defined to include trenches. (b) Definitions applicable to this subpart. Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum 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 sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. 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 near -vertical surfaces between levels Cave-in means 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 or 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. Competent person means one. who is capable of identifying existing and predictable hazards in the surroundings. or working , conditions which are • unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Goss braces 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 formed 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. Hazardous atmosphere means an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing. irritating, oxygen deficient, toxic, orotherwi a harmful, may cause death, illness, or injury. Krckout means the accidental release or failure of a cross brace. I I H I Li H C H I I H I I I I C P-2 I I [1 OCCUPATIONAL SAFETY AND HEALTH . t1926.650(b) RECULATIONS AND rROCEDUItES I I H H H C I I I 11 I n H protemvesystem means a method of protecting employers from cave -iris; from material that could fall or roll from an excavation face or into an excavation, or @em 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 engineer" within the meaning of this standard when approving designs for manufactured protective systems' or '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 system) 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 work progresses. Additionally, shields can be either pttmanufacmred 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 "Faces.' Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to foam sides of an excavation that are inclined away from 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, P-3 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. Structural 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, underground 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 (in relation to its lengeh)'made below the surface of the ground. In general, the death 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 fonts or other structures are installed oc constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) 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 earth 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 each other, are often called 'sheeting." IVales means horizontal members of a shoring H I I occ1PAT1oNALSAFETYANDHEALTH 1926.650(b) ...._. .....-.. _ REGULATIONS A$iD PROCEDURES system placed parallel to the excavation face whose (1) Structural ramps. sides bear against the vertical members of the shoring . ' system or earth. (i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be 1926.651- General Requirements. designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural (a) Surface encumbrancer. All surface design, and shall be constructed in encumbrances that are located so as to create a hazard accordance with the design. to employes shall be removed or supported, as - necessary. to safeguard employees. (u) Ramps and runways 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, (va')-Structuralmembersusedforramps electric, water lines, or any other underground and. Sways. shall be of uniform installations that reasonably may be expected to thiclmess be encountered during excavation work, shall be determined prior to opening an excavation. (iv) Cleats or other appropriate means used to connect runway struictural , (2) Utility companies or owners shall be members shall be attached to the bottom contacted within established or customary local of the runway or shall be attached in a response times, advised of the proposed work, manner to prevent tripping. ' and asked to establish the location of the utility underground' installations prior to the start of (v) Structural ramps used in lieu of actual excavation. When utility companies or steps shall be provided with cleats or owners cannot respond to a request to locate other surface treatments o the top surface underground utility installations within 24 hours to prevent slipping. (unless a longer period is required by state or local law), or cannot establish the exact location (2) Means of egress from trench ' of these mstallations,the employer may proceed, excavations. A stairway, ladder, ramp or other provided the employer dos so with caution, and safe means of egress shall be located in tench provided detection equipment or other excavations that are 4 feet (1.22 m) or more in acceptable means to locate utility installations depth so as to require no more than 25 feet are used (7.62 m) of lateral travel for employees. (3) When c§ cavation operations approach the (d) Exposure to vehicular traffic. Employees estimated location of underground installations, exposed to public vehicular traffic shall be provided the exact location of the installations shall be with, and shall wear, warning vests or other suitable determined by safe and acceptable means. garments marked with or made of reflectorized or high -visibility material. (4) While the excavation is open, underground installations shall be protected, (c) Exposure to falling loads. No employee shall supported or removed as necessary to safeguard be permitted underneath loads handled by lifting or employes. digging equipment Employees shall be required to stand away from any vehicle being loaded or unloaded (c) A ccess and egress - to avoid being struck by any spillage or falling ' P.4 I I I ' OCCUPATIONAL SAFETY AND HEALTH 1926.651(cl REGULATIONS AND PROCEDURES I I I I I I C I I I I I C I materials: Operatorsmay -remain in the cabs of vehicles being loaded or unloaded when the vehicles arc equipped, in accordance with 1926,601(b)(6), to provide adequate protection for the operator during loading and unloading operations. (f) Want ingrystem for mobile equipment When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation. (g) H=ardousabnosphera - (1) Testing and controls. In addition to the requirements set forth is subparts D and E of this part (29 CFR 1926.50 - 1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply: (i) Where oxygen deficiency (ataosphe es containing less than 193 percent oxygen) or a hazardous atmosphere cdsts or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. () Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atnospheres. These precautions include providing proper respiratory protection or %attilation in accordance with subparts D and E of this part respectively. (ii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere P-5 • containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmospheric ccntaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment (i) Emergency rescue equipmen4 such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where - hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (u) Employees entering bell-bottom pier holes, or .other similar deep and •confined footing excavations, shall wear a harness with a lifeline securely attached to it The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation. (h) Protec on franc hazards associated with water accumulation. (1) Employes shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by wateraccumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and I I OCCUPATIONAL SAFETYAND 1926.651(h)(2) RECUTATIONS 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)(1) and (h)(2) of this section. n 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, or underpinning shall be provided to .ensure the stability of such structures for the protection of employees. (2) Excavation below 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: n A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or (u) The excavation is in stable rock, or (di) 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 registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements and appurtenant structure shalt not be undermined unless a support system or another method of protection P-6 is provided to. protect employees from the possible collapse of such structures. (j) Protection of employees front loose rock or soiL (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling orrolling from an etcavationface. 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 sufficient to .prevent materials or equipment from ' falling . or, rolling- into excavations, or by a combination of both if necessary. . (k) Inspections. (1) Daily inspections 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 and as needed throughout the shift Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee 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 atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until I I H I I I I I I I I L I I I I I ' OCCUPATIONAL SAFETYA`1DHEALTH 1926.651(k)(2) -• REGULATIONS AND PROCEDURES the necessary precautions have been taken to ensure their safety. -_ (f) Fall protection. ' (1) Walkways shall be provided where employees or equipment are required or •1 permitted to cross over excavations. Gurardrails which comply with 1926.502(b) shall be provided where walkways are 6 feet (1.8 in) or more above lower levels. ' (2) Adequate barrier physical protection shall be provided at all remotely located excavations. • All wells, pits, shafts, etc., shall be barricaded or covered Upon completion of exploration and other similar operations, temporary wells, pits, shafts, etc., shall be balled. (54 FR 45959, Oct 31, 1989, as amended by 59 FR 40730, Aug 9, 19941 1 1926.652 - Requirements for Protective Systems. ' (a) Protection of employees in excavations. (1) Each employee in an excavation shall be ' protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock, or ' u Excavations are less than 5 feet (1.52 in) in depth and examination of the ground by a competent person provides ' no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are ' intended or could reasonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The P-7 slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3); or, in the alternative, paragraph (b)(4), as follows: (1) Option (2) -Allowable configurations and slopes. ci) Excavations shall be sloped at an angle not steeper than one and ore -half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. - - (ii) Slopes specified in paragraph (b)(1)(i) of this section. shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) - Determination of slopes and configurations using Appendices and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart (3) Option (3) - Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and in accordance with tabulated data, such as tables and charts. cu) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; IJ I OCCUPATIONAL SAFETY Al) HEALTH 1926.652(b)(3)(ii)(B) .. I REGULATIONS AND PROCEDURES (B) Identification of the limits of (c) Design ojsupportsystems, shield systens, and use of the data, to include the other protective 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 employer or his designee and shall be in accordance with the • (C) Explanatory information as requirements of paragraph (c)(1); or, in the alternative, may be necessary to aid the user in paragraph (c)(2); or, in the alternative, paragraph making a correct selection of a (cX3); or, i the alternative, paragraph (c)(4) as follows: protective system from the data. (1) Option (1) - Designs using appendices (iii) At least one copy of the tabulated A, C and D. Designs for timber shoring in data which identifies the registered trenches shall be determined in accordance with professional engineer who approved the the conditions and requirements set forth in data, shall be maintained at the jobsite appendices A and C to this subpart Designs for during construction of the protective aluminum hydraulic shoring shall be in system After that time the data may be accordance with paragraph (cX2) of this stored off the jobsite, but a copy of the section, but if manufacturer's tabulated data data shall be made available to the cannot be utilized, designs. shall be in Secretary upon request accordance with appendix D. (4) Option (4) - Design by a registered (2) Option (2) - Designs Using professional engineer. Manufacturer's Tabulated Data (i) Sloping and benching systems not (I) Design of support systems, shield utilizing Option (1) or Option (2) or systems, or other protective systems that .Option (3) under paragraph (b) of this are drawn from manufacturer's tabulated section shall be approved by a registered data shall be in accordance with all professional engineer. specifications, recommendations, and limitations issued or made by the u Designs shall be in written form - manufacturer.' and shall include at least the following: (ii) Deviation from the specifications, (A) The magnitude of the slopes recommendations, and limitations issued that were determined to be safe for or made by the manufacturer shall only the particular project; be allowed after the manufacturer issues specific written approval. (B) The configurations that were determined to be safe for the (iii) Manufacturees specifications, particular project; recommendations, and limitations, and manufacturer's approval to deviate from (C) The identity of the the specifications, recommendations, and registered professional engineer limitations shall be in written form at the approving the design. jobsite during construction of the protective system. After that time this (iii) At least one copy of the design data may be stored off the jobsite. but a shall be maintained at the jobsite while copy shall be made available to the the slope is being constructed. After that Secretary upon request time the design need not be at the jobsite, but a copy shall be made available to the (3) Option (3) - Designs using other Secretary upon request. tabulated data P-3 C I ' OCCUPATIONAL SAFETY AND HEALTH I c 1926.652(x)(3) (i) REGULATIONS ,t'D PROCEDURES ' (B) - The'• idettitj of the n Designs of support systems, shield registered professional engineer systems, or other protective systems shall approving the design. ' be selected from and be in accordance with tabulated data, such as tables and (iii) At least one copy of the design charts. shall be maintained at the jobsite during construction of the protective system. (u) The tabulated data shall be in After that time, the design may be stored • written form and include all of the off the jobsite, but a copy of the design following. shall be made available to the Secretary ' upon request. (A) Identification of the parameters that affect the selection (d) Materials and equipment of a protective system drawn from used such data; (1) Materials and equipment for • protective systems shall be free from damage or (B) Identification of the limits of defects that might impair their proper function. ' use of the data; (2) Manufactured materials and equipment (C) Explanatory information as used for protective systems shall be used and tmay be accessary to aid the use in maintained in a manner that is consistent wi ' th making a correct selection of a the reecommendations of the manufacturer, and • protective system from the data in a meaner that will prevent employee exposure to hazards.I. (ru) . At least one copy of the tabulated data, ; which identifies the registered (3) Who material or equipment that is used professional engineer who approved the for protective systems is damaged, a competent ' data, shall be maintained at the jobsite person shall examine the material or equipment during construction of the protective and evaluate its suitability for continued use. If system After that time the data may be the ccmttht pc^�m cannot assure the material stored off the jobsite, but a copy of the or equipment is able to support the intended ' data shall be made available to the loads or is otherwise suitable for safe use, then Secretary upon request. such material or equipment shall be removed from service, and shall be evaluated and (4) Option (4) - Design by a registered approved by a registered professional engineer professional engineer, before being returned to service. (I) Support systems, shield systems, (c) Installation andrenmvalofsupport- and other protective systems not utilizing Option 1, Option 2 or Option 3, above, (1) General shall be approved by a registered ' professional engineer. (i) Menbcs of support systems shall be scsely connected together to prevent (ii)Designs shall be in written form sliding, falling, kickouts, or other and shall include the following: predictable failure. ' (A) A plan indicating the sizes, (ii) Support systems shall be installed types, and configurations of the and removed in a manner that protxts ' materials to be used in the employees from cave-ins, stictural protective system; and collapses, or from being struck by P-9 I I OCCUPATIONAL SAFETY AND HEALTH 1926.652(e)(1)(di) :..: .• . • REOUraT1ONS AND PROCEDURES members of the support system. (g) Shield systems- - (Ui) Individual members of support (1) GeneraL • systems shall not be subjected to loads , • exceeding those which those members n Shield . systems shall not not be • were designed to withstand. subjected to loads exceeding those which the system was designed to withstand. (iv) Before temporary removal of individual. members begins, additional (u) Shields shall be installed in a • precautions shall be taken to ensure the manner to restrict lateral or other safety of employees, such as installing hazardous movement of the shield in the other structural members to carry the event of the application of sudden lateral loads imposed an the support system. loads (v) Removal shall begin at, and Cri) Employees shall be protected from progress from, the bottom of the the hazard cleave -ins when entering or excavation. Members shall be released cdting the areas protected by shields. slowly so as to note any indication of ' possible. failure of . the remaining (iv) Employees shall not be allowed in members of the struct rc orpossible shields when shields are being installed, cave-in of the sides of the excavation removed or moved vertically. (vr) Bacldiilling shall progress together (2) Addu£anal requirement for shield with the removal of supportsystems from systems used in french excavations. excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of (2) Additional requirements for support a shield shall be permitted, but only if the shield systems for trench excavations. is designed to resist the forces calculated for the full depth of the trench, and there are no (1) . Excavation of material to a level. indications while the trench is open of a possible no greater than 2 feed (.61=) below the loss of soil from behind or below the bottom of bottom of the members of a support the shield - system shall be permitted, but only if the system is designed to .resist the forces calculated for the full depth of the teach, 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. () Installation of a support system shall be closely coordinated with the excavation of trenches. (1) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling. or sliding material or equipment P-10 I 1.1 ' OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App A .. e... REGULATIONS ANDPROCEDUREs I I H L L L L I H 1926 Subpart P App A -Soil 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 structure 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) Appfcat-on. 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 protection from cave-ins in accordance with appendix C to subpart P of part 1926, and when altmrimmn hydraulic shoring is designed in actordance 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) Defwitioru 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 O2488; The Unified Soils Classification System; The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS -121. Cemented 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 (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil dots not crumble, can be excavated with vertical sideslopes, 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. Dry soil mans 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 exposed 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. Micaceous 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 granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Ptarffe 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. Saturadordoes not require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penetrometerrrr or sheer vane. Soil classification system 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 of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the characteristics of P -ti I 11 OCCUPATIONAL SAFETY AND HEALTH _ • 1926 Subpart P App A REGULATIONS AND PROCEDURES the deports and the environmental conditions of exposure. Stable rack means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is underwater or is free seeping. Type A means cohesive soils with an unconfined, compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam Cemented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if. (1) 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 what the layers dip into the excavation on a slope of four horizontal to one vertical (4H:I V) 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 soil with an unconfined compressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (ill)Previously disturbed soils except those which would otherwise be classed as Type C soil. (iv) Soil that :meets the unconfined , compressive SCeagth or cementation requirements for Type A, but is fissured or subject to vibration or (v) Dry rock that is not stable; or (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: IV), but only if the material would otherwise be classified as Type B. Type C means: - (i) Cohesive soil with an- unconfined compressive strength of 0.5 tsf @8 kPa) or les; or • (u) Granularsoils incl uding gravel, sand, and loamy sand; or (di) Submerged soil of soil from which water is freely seeping, or (tv) Submerged rock that is not stable, or ' (v) Material in a sloped, layered `system where the layers dip into the excavation or a' slope of four horizontal to one vertical (4H:l V) or steeper. Unconfined compressive sn-engrh means the ' load per unit area at which a soil will fail 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 stump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet. (c) Requirements - , (1) Cassijieation of soil and rock deposits. P-12 I [. I ' OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App A REGULATIONS AND 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 ofclassificadon. 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 conducted by a competent person using tests ' described in paragraph (d) below, or in other recognized methods of soil 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) Visual 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 quwntitadve and qualitative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits. (4) Layeredsystenu. In a layered systen, 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) Reclars 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) Vuualtede. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of ' the open excavation, and the soil taken as samples from excavated material. (1) Observe samples of soil that are P-13 excavated and soil in the sides of the excavation. 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 coarzze-grained sand or gravel is granular material. (ii) 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 spall off a vertical side, the soil could be fissured. Small spalls 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 othe underground structures, and to ideatiry previously disturbed soil (v) Observed the opened side of the excavation to identify layered systems. Examine layered systems to idestiry if the layers slope toward the excavaticr_ Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the excavation and the sides of Lie opened excavation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) 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. I I I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App A REGULATIONS AND PROCEDURES (2) Manual tests. 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 soil properly. minimum the effects of exposure to drying influences. If the excavation is (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 1/8 -inch in must be changed accordingly. diameter. Cohesive material can be successfully rolled into threads without (iv) I • Other strength tests. Estimates of cnmtbling. For example, if at least a two -unconfined compressive strength of soils • inch (50 mm) length of 1/8 -inch thread can also be obtained by use of a pocket can be held on one end without tearing, penetrometer or by using a hand -operated the soil is cohesive. shearvane. (u) Drystrength. If the soilis dryand (v) - Drying test The basic purpose of • crumbles on its own or with moderate the drying test is to differentiate between pressure into individual grains or fine cohesive material -- with . fissures, powder, it is granular (any combination unfissured `cohesive material, and of gravel, sand or silt). If the soil is drj granular material. The procedure for the and falls into clumps which break up into drying test involves drying a sample of smaller clumps, but the smaller clumps - soil that is approximately one inch thick can only be broken up with difficulty, it - (2.54 cm) and six inches (1524 cm) in may be clay in any combination with - diameteruntil it is thoroughly dry: gravel, sand or silt If the dry soil breaks into clumps which do not break up into (A) If the sample develops small clumps and which can only be cracks as it dries, significant broken with difficulty, and there is no fissures are indicated. visual indication the soil is fissured, the soil may be considered unfissured. (B) Samples that dry without cracking are to be broken by hand. (di) Thumb penetration. The thumb If considerable force is necessary penetration test can be used to estimate to break a sample, the soil has the unconfined compressive strength of significant cohesive material cohesive soils (This test is based on the content The soil can be classified thumb penetration test described in as an unfissured cohesive material American Society for Testing and and the unconfined compressive Materials (ASTM) Standard designation strength should be determined. D2488 - 'Standard Recommended Practice for Description of Soils (Visual (C) If a sample breaks easily by - Manual Procedure).') Type A soils with hand, it is either a fissured an unconfined compressive strength of cohesive material or a granular 1.5 tsf can be readily indented by the material. To distinguish between thumb; however, they can be penetrated the two, pulverize the dried by the thumb only with very great effort. clumps of the sample by hand or Type C soils with an unconfined by stepping on them. If the clumps compressive strength of 0.5 tsf can be do not pulverize easily, the easily penetrated several inches by the material is cohesive with fissures. thumb, and can be molded by light finger If they pulverize easily into very , P-14 I I ' OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App B REGULATIONS AND PROCEDURES I I I I 'J I IH Li I I I I I I small fragments, the material is granular. 1926 Subpart P App B - Sloping and 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 benching protective systems is to be performed in accordance with the requirements set forth in 1926.652(b)(2). (b) Dermidons. 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 walling of material from the face of an excavation; sad ravelling, i.e., small amounts of material such as pebbles or little clumps of material fey separtg 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 24 hours that an excavation is open. (c) Requirements - (1) Soil classifiearioit. Soil and rock deposits shall be classified in accordance with appendix P-15 A to subpart?of of part 1926. (2) Maximum allowable 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, when that arc 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 (1/-2H:I V) less seep than the maximum allowable slope. (iii) When surcharge loads from stored material or equipment, operating equipment, or traffic are present, a competent person shall determine 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(1). (4) Configurations. Configurations of sloping and beaching systems shall be in accordance with Figure B-1. I I I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart PApp B . -.. .. _ .. - - .. RECUTATIONS AND PROCEDURES TABLE fl -1 .. ' • MAXIMUM ALLOWABLE SLOPES SOIL. OR ROCK TYPE I MAXIMUM ALLOWABLE SLOPES (H:V)(1) FOR EXCAVATIONS LESS THAN 20 FEET DEEP(3) STABLE ROCK I VERTICAL (90 Dec.) TYPE A (2) j 3/4:1 (53 Deg.) TYPE B 1:1 (45 Deg.) TYPE C 1 1/2:1 (34 Deg.) NOTE: .. 1. Numbers shown in parentheses next to.macimum allowable slopes are angtes ' expressed in degrees from the horizontal. Angles have been rounded off. - - 2. A short-term maxim•*^ allowable slope of 1/2H:1V (63 degrees) is allowed in excavations in Type A soil that are 12 feed (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet -(3.67.m). in depthshall be 3/4H:1V (53 degrees). . 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) B-1.1 Excavations made in Type A soil I. All simple slope excavation 20 feet or less in depth shall have a may imum allowable slope of 3/4:1. I I I P-16 I OCCUPATIONAL SAFETY AND HEALTH 1926 SubpartPAppB REGULATIONS AND PROCEDURES UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MAXIMUM 121 ecT IN DEPTH All excavation 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 3/4:1. The support or shield sustem must extend at least 18 inches above the top of the vertical side zuppon or srueia system 20 Mux — 18" Min. Total height of vertical side SUPPORTED OR SHIELDED VERTICALLY 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 tinder sec. 1926.652(b). B-1.2 Excavations Made in Type B Soil 1. All simple slope excavations 20 feet or less in depth shall have a miximum allable slope of 1:1. LA r SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a miximurn allable slope oft:! and maximum batch dimensions as follows: P-19 OCCUPATIONAL SAFETY AND HEALTH -- 1926 SubpartPAppB REGULATIONS AND PROCEDURES This bench allowed in cohesive soil only. 20Max. C � Max SINGLE BENCH This bench allowed in cohesive soil only MULTIPLE BENCH 3.. All acavations 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 top of the vertical side. All such cxcavatiolss shall have a maximum allowable slope of 1:1. 20' Max. Support or shield system P-20 18' Min Total height of vertical side I I I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart PApnB • REGULATIONS AND PROCEDURES I I I I I I I I I I I VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations sha11 be in accordance with the other options permitted in 1926.652(b). B-13 Excavations Made in Type C Soil All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1 12:1. 20' M ax. SIMPLE 1 1)2 SLOPE 2. Al! 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 top of the vertical side. All such excavations shall have a maximum allowable slope of 1 12:1. 20' Max Support or shield system 06 11)2 I8 Total height of vertical side AL SIDED LOWER PORTION VERTiC 3. All other sloped excavations shall be in accordance with the other options pc., .ittcd in 1926.652(b). B-1.4 Excavation Made in Layered Soils 1. Al! excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. P-21 I i OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App B REGULATIONS AND PROCEDURES 1 H 1 • 3/4 ' BOVERA A �1 ' 314 1 COVER A • • ---C1 BA t 1 COVERB 1 P-22 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App B REGULATIONS AND PROCEDURES A 1112 \ C ) 1 112 BOVFRC 2. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). P-23 I I ' OCCUPATIONAL SAFETY AND HEALTH 1926SubpartPApp C REGULATIONS AND PROCEDURES J I [l [1 Li [I I I I I L [,I (2) Information concerning the basis of the ' tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. 1926 Subpart P' App C Timbe r Shoring for Trenches. (a) . Scope. This appendix contains information that can be used when timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems•, and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in 1926.652(b) and 1926.652(c). (b) Soil Catsiffcation. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appendix A of subpart P of this part (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2 and C-1.3, and Tables C-2.1, C-22 and C.2.3 following paragraph (g) of the appendix. Each table presents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. The data are arranged to allow the user the flexibility to select from among several acceptable configurations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition. ' (3) Information explaining the use of the P-24 tabulardata is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabulardata is presented in paragraph (f) of this appendix (5) Miscellaneous notations regarding Tables C-l.I through C-13 and Tables C-2.1 through C-2.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations oftlze data - (1) Dimensions of timber members. (I) The sizes of the timber members listed in Tables C -I.1 through C -l.3 are taken from the National Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Sloping of Trenches and Excavations.' In addition, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes :and on empirical practice. .. (ii) The required dimensions of the members listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under 1926.652(c)(3), and are referred to The Corps of engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that art most commonly experienced in current trenching practice. Shoring systems for use in situations that El I OCCUPATIONALSAFETYANDHEALTH 1926 SubpartPAPp C REGULATIONS AND PROCEDURES are not covered by the data in this appendix must be designed as specified in 1926.652(c). (i) 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 in accordance with 1926.652. (A) When loads imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two -foot soil surcharge. The term 'adjacentas 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 crossbrace. 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 can be determined. When the soil type. the width and depth of the trench, and the horizontal spacing 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 horizontal spacing of the uprights can be read from the appropriate table. (I) Exanrplatolflustratedie Use of Tables C-LI through C-1.3. (1) Example 1. 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 #1 (C) When surcharge loads are present from Space 4X4 crossbraces at six feet horizontally equipment weighing in excess of 20,000 and four feet vertically.. pounds. (D) When only the lower portion of a trench Wales are not required is shored and the raaaining portion of the trench is sloped or benched unless: The sloped portion Space 3X8 uprights at six feet horizontally. This is sloped at an angle less steep than three . arrangement is commonly called.'skip shoring.` horizontal to one vertical; or the members are selectedfom the tables for use at a depth which Arrangement #2 is determined from the top of the overall trench, and not from the toe of the sloped portion. Space 4X6 c ossbmces at eight feet horizontally and four feet vertically. (c) Use of Tables. The members of the shoring system that arc to be selected using this information arc Space 8X8 wales at four feet vertically. the cross braces, the uprights, and the wales, where wales are required Minimum sizes of members are Space 2X6 uprights at four feet horizontally. specified for use in different types of soil. There are six tables of information, two for each soil type. The soil Arrangement #3 type must first be determined in accordance with the soil classification system described in appendix A to Space 6X6 crossbraces at 10 feet horizontally subpart P of part 1926. Using the appropriate table, and four feet vertically. the selection of the size and spacing of the members is then made. The selection is based on the depth and Space 8X10 wales at four feet vertically. width of the trench where the members are to be installed and, in most instances, the selection is also Space 2X6 uprights at five feet horizontally. r-26 1 I I ' OCCUPATIONAL SAFETY AND HEALTH 1926 Suboart P App C ... - RECUL\TIONSAND PROCEDURES I I I I I I I I L I L E I I I Arrangement #4 Space 6X6 crossbraces at 12 feet horizontally and four feet 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-12 three acceptable arrangements of members are listed Arrangement 91 Space 6X6 crossbraces at six feet horizontally and five fed vertically. Space 8X8 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. Arrangement #2 Space 6X8 crossbraces at eight feet horizontally and five feet vertically. Space 10X10 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. Arrangement P3 Space 8X8 crossbraces at 10 feet horizontally and five feet vertically. Space IOX12 wales at five feet vertically. Space 2X6 uprights at two feet vertically. (3) Example 3. A Leach dug in Type C soil is 13 feet deep and five feet wide. From Table C -l.3 two acceptable arrangements of members can be used. P-26 Arrangement g1 Space 8X8 crossbraccs at six feet horizontally and five feet vertically. Space IOXI 2 wales at five feet vertically. Position 2X6 uprights as closely together as possible. If wate must be retained use special tongue and groove uprights to form tight sheeting. Arrangement m3 Space .8X10 crossbraces at eight feet horizontally and five feet vertically. Space 12X12 wales at five feet vertically. Position 2X6 uprights in a close sheeting configuration ualcss water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A teach dug in Type C soil is 20 feet deep and 11 feet wide- The size and spacing of members for the section of trench that is over 15 feet in depth is determined usingTable C-1.3.Only one arrangement of members is provided. Space 8XIO crossbraces at six feet horizontally and five feet vertically. Space 12X12 wales at five feet vercally. Use 3X6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than indicated are to be determined as specified in 1926.652(c), "Design of Protective Systems." 2. When conditions arc saturated or submerged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and OCCUPATIONAL SAFETY AND HEALTH 1926 SubpartP App C REGULATIONS 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 crossbrce m 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 to the placement of are wales that are installed at the tow of the trench planks side -by -side allowing as little space as possible side. between them - 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater dimension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights P-27 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement of crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbmces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I 1 1 I 1 U • ' OCCUPATIONALSAFETYA,NDHEALTH 1926SubpartPApp C REGUTAT[O$SANDPROCEDURLS TABLEC-1.l TIMBER TRENCH SHORING - - MINIMUM TIMBER REQUIREMENTS SOILTYPEA Pa=2SxH+72psfQMurcharg:) DEPM CROSS BRACES b??!GEIS ' OF HORIL WIDTHOF1RENCHI -_ ____ VT. V'e3I. s+azwwaaL C A9LEHC mnuLzraanc SPACING UP IO UP TO UP IO UP TO UP TO -PACIx SILT PACT{ (Fi'-) 4 6 9 12 U PEP P (t-' axt 4 1 S 6 1 8 ' $ U6 414 414 416 616 616 4 Redd --- I 2x6 UP I0 Hot .. IO 8 414 414 416 616 616 4 Redd --- 2x8 ' UPIO 818 - 2x6 10 {16 {A6 4%6 616 6%6 ; 10 UPIO ' 12 416 476 616 6Y6 616 4 818 4 2x6 UPTO Hat 3x8 10 6 474 414 476 6 6 4 Redd — — UPIO ' TO 8 4A6 616 6Y6 6Y6 8Y8 ]x6 UPIO 10 616 615 616 6%8 618 4 8110 4 2x6 ' IS UP IO 12 6Th 616 616 618 618 4 • 10110 4 3x8 Uplo 1S 6 6 6 616 616 6 R 6 R 4 6YB 4 3x6 ' UP IO 8 616 616 676 618 678 4 818 4 3x6 IO Up i0 ' 10 918 818 878 BIB 8110 4 8110 4 3x6 20 UPTO 12 818 SA 8 10 -N074d ' OVER 2B s�xorl •F dc'ucrquia�^ixihtberd mere�.hnctlssthst850psi ••lt,tt edxthade lcdscr.hgbeshst32ditwocd. • I. 1 P-23 I. OCCUPATIONAL SAFETY AND HEALTH 1926SubpartPApp C RECUlAT1ON5 AND PROCEDURES TABLE C -1.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REOUIRMENTS SOIL TYPE B P —45X1-! + 72 psf (2 R. Surcharge) a DEPTH SIZE A ^' OF BENCH thhT) CROSS BRACE WALES UPRIGHTS MAX TOWABLE HOB_ SPACING G:EE HORIZ WIDTH CF TRENCH (FEET) VERT. S17F (U VERT. PACING (FEET) SPACINGUP (FEET) T 4 UP T 6 UP T 9 UP T 12 UP TOSPACING 15 (FEET) CLOSEj2 5QPTO64x6 4x6 6x6 6x6 6x6 5. 6x8 5 TO UP TO 8 6x6 6x6 6x6 6x8 6x8 5 8x10 5 TO 10 6x6 6x6 6x6 6x8 6x8 5 • 10x10 5 10 See Nate! 10 UP TO 6 6x6 6x6 .6x6 6x8 6x8 5 8x8 5 TO 8 6x8 6x8 6x8 8x8 8x8 5 10x105 TO •8x8 UPTO10 8x8. .8x8 8x8 .8x10, 5 10X12 5 15 ee Note! 15 UPTO66x8 6x8" 6x8' 8x8 8x85 8x105 3x6 :upTO 8 8x8 SaS 8x8 8x8 " 8x10 5 10x12 5 3x6 . '. TO UP TO 10 Sx10..8x10 ..:.8x10 8x10' 8x10 ..' 5 • 12x12 20..... See Nate! 20 SEE NOTE 1 Mixed oak or equivalent with a bending strength not less than 850 psL •" Manufactured me nbers of.equivalent strength may by substituted for wood. P-29 1 1 1 1 1 1 1 1 1 1 OCCUPATIONAL SAFETY AND HEALTH 1926 SubpartPApp C . - ..--- .. .. REGULATIONSAND PROCEDURES TABLEC-13 TINTER TRENCH SHORING -- MINIMUM TIER REOUff�PrE TS SOIL TYPE C P = 80 XH + 12 psf (2 ft. Surcharg ae) . DEPTH SIZE (ACTUAI) AND SPACING OF ?VEERS" OF TRENCH (ET) CROSS BRACE WALES UPRIGHTS MAX 4LI.OW. HOR SPAC. (See Note 2) HOR.Z. SPACING (FEET) WIDTH OF TRENCH (FEET) VERT. SPACIN (FEET) SWF (�SPACtNGTET) VERT. (T) UP TOUP 4 TOUP 6. TOUP 9_ TOUP 12 T 15 s__1__ UPTO6 6x8 6x8 6x8 8x8 8x8 5 8x10 5 2x6 UPTO 8 .8x8 8x8. 8x8 8x8 8x10 5 tOzl2 5 2x6 TO UP TO 1TO IC 8x10 8x10 8x10 8x10 10x10 5 d2 S 2x6 10Note el 10 TO 6 8x8 8x8 8x8 8x8 8x10 lUxfl 5 2x6 UPTOS 8x10 8x10 8x10 8x10 10x10 5 Pil7 5 2x6 TO ee Tote1. - IS See Note 1 15 UPTO6 8x10 8x10 8x10 8x10 10x10 5 11x12 5 3x6 See TO ee Nate! 20 See Note! OVER. SEE NOTE I * Ivi xed oak or equirdent with a bending strength not less th=t 850 psi ** ? nufactured members of equivalent strength may by substated for wood. P-30 I I OCCUPATIONAL SAFETY AND HEALTH H 1926 Subpart P App C REGULATIONS AND PROCEDURES TABLE C - 2.1 TIMBER TRENCH SHORING •- MINIIvIIM TIMBER REQULRS� 1TS* SOILTYPEAPIay=25XH+(..72psf(2fl.Sunrar) SIZE ($4S) AND SPACING OF MEMBERS ** DEPTHCROSS BRACES WALES -UPRIGHTS OF D tCH H0RIL WIDTH0FTRENCH(FiEr VZR1. V22. MAXIMUMALLGWABLL NGUZLnTALZZACtG } SpACII4G SPACn?G Stlr SPACThG tree urm urm urm urm urm 4 c 9 U a ::_(t-1} CL0SZ 4 S 6 8 UPfi 0 4X4 424 4X4 4X4 475 4 Hot Hot H 415 II 8T0 4X4 +34 +X+ +X6 476 4 Rot &q'd Hot pidd 4-s9 TO UPT0 4YA 476 474 675 6%6 4 8X3 4. 475 10 I0 0PTo 45 474 4Z6 6766X6 4 8X8 4. - 474 U UPI 0 4X+ {%4 {X+ 6X6 6X6 4 Hot Red Hct Red {In0 10 up$ 0 4X6 4X6 426 63'6 6X6 4 6X3 4.: ed TO � TO 6X6 65 676 674 6X6 4 8X9 4 438 15 O210 6X5 6Y5 6X6 16X6 4 8X10 4 4X6 4:410 U?T0 6I 6t6 676 675 676 4 6X4 4 326 15 6X6 6X6 675 675 6116 4 8X3 4 3744112 TO 11P TO 6X6 6I'6 6X6 63 55 639 4 8210 4 376 la 20 U PI0 676 675 67,6 C3 6-a 4 6X12 4 374 4X12 OVER SEE NOTE l "Dom fir or equiv!ent kith ablerdin; stiergth not less thin 1500 psi. ** Mtniufactur:d mt:obers of equivalent str:nath maybe substituted for wood P-31 I L I I I H I I I I I OCCIJPATIONALSAFETYANDHEALTH 1926SuboartPAnn C REGULATIONS AND PROCEDURES TABLE C-2.2 TIMBER TRENCH SHORING -- MINIMUM TIMIBER REQU1PE MINT S SOIL TYPE B P(a) = 4S X H+ 72 psf (2 ft. Surcharge) DEPTH SIZE (S4S) AND SPACING OF MEMBERS ** OF CROSS BRACES VFRr WALES UPRIGHTS HORL WD OPtRflCd (atltj STE VERT. MAXIMUMALLCWABLa Ha&IzctirALS7ACI(IG TRENCH SPACING SPAChiGUPTo iF� �� SPACING (F,'0( 0 UP TO UPrO UPro Opr0 ( 4 6 9 12 15 I CLOSE 2 I 3 4" I 6 UPTO 476 476 476 676 676 S 6yg S I34{'3 4X12 S UP r0 8 476 476 676 674 - 676 S 8X8 S .TO UP O 475 474 674 674 0 S 8X105 I 14P3 10See H UPTO 676 676 676 6X8 6X8 S 8X8 S 37514X10 6 10 U8i9 60 60 6X8 8X9 810 S 10X10 S 376 4X10 TO UPOIO 679 6X8 8X8 8X8 8X8 S 10X12 -S_ 374 14X10 15 HCe1 UP TO 613 610 633 6-x8 18X8 S BXIo S 476 15 UPTO6 B 6XS 6X8 8X8 8X8 S 10X12 S 4116 TO U10TO 8X3 810 8'0 810 8 S 12X13 5 47.4 20 Ste I Nit 1 Or_ SEE NOTE 1 _ _ -- - 20 * Dclr-,lis fir or equivalent with abkr&g stmb�th not less than 1500 psi ** 14Ia-n;f chi d s�rrbers of equivalent sti r th maybe substituted forwccd. P-32 OCCUPATIONALSAFETYANDHEALTH 1926SubpartPApp C RECUTATIONS AND PROCEDURES TABLEC-2.3 TIMBER TRENCH SHORING --MINIMUM TIMBER REQUIRTh STS* SOIL TYPE C P(a) = 80 X H + 72 psf (2 ft. Surclrge) DEPTH SIZE (545) AND SPACING OF MEMBERS** OF CROSS BRACES WALES UPRIGHTS RENCH HOI . WIDTH OFTRENCH (FEET) SEE MT. WAIINlW ALwwAltt HCWCUTAL31ACrtC SPACING SPACING SPACING trLe,t w uPTo uPro uPro uPr0 (FEET) (FEEET) 69 12 is t )(flJ CLOSE .4 UP TO 6 636 6F6 616 636 83® 5 8X8 5 376 5.. UPTO 6R 6A6 636 8Y 878 5 10X10 S 336 TO UP TO 636 676 833 878 822 S 10111 5 376 10 See Hotel UP TO 622 633 622 822 8101 .5 10110 5 436 10 IIPtO 8203 822 859 823 819 5 10X10 5 476 TO See 15 Hate 1 See - Hate 1 TipTo 818 874 8X8 8710 8X10 S 10712 5 416 15 6 See TO Hole 1 Set 20 Hate 1 See Note 1 OVER SEE NOTE 1 -- - * Douglasfir or equivalent with ahending strength not less than 1500 psi ** Manufactured sen+bes of equi tt strength maybe substituted for wood P-33 I I ' OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App D REGULATIONS AND PROCEDURES I I I ll I I I I I I I I 1926 Subpart P App D -' Alurhinu m Hydraulic Shoring for Trenches (a) Scope. This appendix contains information that can be used when aluminum hydraulic shoring is provided as a method of protectiorfagainst cave-ins in trenches that do not exceed 20 feet (6.1m) in depth. This appendix must be used when design of the aluminum hydraulic protective system cannot be performed in accordance with 1926.652(cX2). (b) Soil Classi/ucadon. In order to use data presented in this appendi'c the soil type or types in which the excavation is made must lust be determined using the soil., classification method set forth in appendix A of subpart P of part 1926. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in TablesD-1.1, D-1.2, D-1.3 and D-1.4. Each table• presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D -l.4 are for horizontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabulardata is presented in paragraph (f) of this appendix. (5) Miscellaneous notations (Footnotes) regarding Table D-1.1 through D -l.4 arc P-34 presented in paragraph (g) of this appendix. (6) Figures, illustrating typical installations of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled 4Aluminum Hydraulic. Shoring: Typical Installations' (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Modulus requirements in the D -1 Tables. Aluminum material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications.. (1) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe wdrling capacity of no less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range • of "cylinder extensions as recommended by product manufacturer. (i) 3 -inch cylinders shall, be a minimum 3 -inch inside diameter with a safe working capacity of not less than 30,000 pounds axial compressive load at extensions as recommended by product manufacturer. (3) Limitation of application. (i) It is not intended that the aluminum hydraulic specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this 'appendix must be otherwise designed as specified in 1926.652(c). (i) When any of the following conditions are present, the members specified in the Tables are not considered II I I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App D REGULATIONS AND PROCEDURES adequate. In this case, an alternative (1) Example 1: I aluminum hydraulic shoring system or other type of protective system must be A Loch dug in Type A soil is 6 feet deep and 3 designed in accordance with 1926.652. feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) (A) When vertical loads imposed on cross horizontally and 4 feet on center (o.c.) vertically. (See braces exceed a 100 Pound gravity load Figures 1 & 3 for typical installations.) distributed on a one foot section of the center of the hydraulic cylinder. (2) Example 2: (B) When surcharge loads are present from A trench is dug in Type B soil that does not equipment weighing in excess of 20,000 require sheeting, 13 feet deep and 5 feet wide. From pounds TableD-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet (C) When only the lower portion of a trench o.c. vertically. (See Figures I & 3 for typical is shored and the remaining portion of the trench installations.) . is sloped or benched unless: The sloped portion is sloped at an angle less steep than three (3) A trench is dug in Type B soil that does horizontal to one vertical; or the members are not require sheeting, but does experience some selected from the tables for use at a depth which minor raveling of the trench face. the trench is is determined from the top of the overall trench, .16 feet deep and 9 feet wide. From Table and not from the toe of the sloped portion. D-12: Find vertical shorts and 2 inch diameter cylinder (with special ovasleeves as designated (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. by Footnote #2) spaced 5.5 feet o.c. horizontally The members of the shoring system that are to be and 4 feet o.c. vertically. Plywood (per Footnote selected using this information are the hydraulic (gX7) to the D-1 Table) should be used behind cylinders, and either the vertical shores or the the shores (See Figures 2 & 3 for typical horizontal wales. When a waler system is used the installations) vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical (4) Example 4: A trench is dug in previously shores arc used in Type A and B soils that do not disturbed Type B soil, with characteristics of a require sheeting. Type B soils that may require Type C soil, and will require sheeting.. The sheeting, and Type C soils that always require trench is 18 feet deep, and 12 feet wide 8 foot sheeting, are found in the horizontal wale Tables D=1.3 horizontal spacing between cylinders is desired and D-1.4. The soil type must first be determined in for working space. From Table D-1.3: Find accordance with the soil classification system horizontal wale with a section modulus of 14.0 described in appendix A to subpart P of part 1926. spaced at 4 feet o.c. vertically and 3 inch Using the appropriate table, the selection of the size diametercylinderspaced at 9 feet maximum o.c. and spacing of the members is made. The selection is horizontally, 3 x 12 timber sheeting is based on the depth and width of the trench where the required at close spacing vertically. (See Figure members are to be installed. In these tables the 4 for typical installation.) vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of (5) Example 5: A trench is dug in Type C cylinders allowed for each size of wale in the waler soil, 9 feet deep and 4 feet wide. Horizontal system tables, and in the vertical shore tables, the cylinder spacing in excess of 6 feet is desired for hydraulic cylinderhorizontal spacing is the same as the working space. From Table D-1.4: Find vertical shore spacing. horizontal wale with a section modulus of 7.0 and 2 inch diameter eylinders'spaced at 6.5 feet (t) Example to Illustrate the Use of the Tables: o.c. horizontally. Or. find horizontal wale with a 14.0 section modulus and 3 inch diameter P-35 i I I OCCUPATIONALSAFETYANDHEALTH 192GSubpartPAppD .. REGULATIONS AND PROCEDURES ' cylinder spaced at 10 feet o.e. horizontally. ' (4) ' All spacing indicated is measured center Both wales arc spaced 4 feet o.c. vertically, 3 x to center. 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Vertical shoring rails shall have a minimum section modulus of 0.40 inch. (e) Foobiores, and general notes, for Tables (6) When vertical shors an: used, there must ' D-1.1, D-1.2, D-13, and D-1.1. be a minimum of three shores spaced equally, horizontally, in a group. (1) For applications other than those listed in the tables, refer to 1926.652(c)(2) for use of (7) Plywood shall be 1.125 inch thick manufac u efs tabulated For trench depths softwood or 0.75 inch thick, 14 ply, arctic white in excess of 20 feet, refer to 1926.652(c)(2) and birth (Finland form). Please note that plywood 1926.652(c)(3). is not intended as a structural member, but only ' forpreveation of local raveling (sloughing of the (2) 2 inch diameter cylinders, at this width, trench face) between shores. shall have structural steel tube (3.5 x 3.5 x ' 0.1875) oversleeves, or structural oversleeves (8) See appendix C for timber specifications. of manufacturers specification; extending the full, collapsed length. (9) Wales are calculated for simple span ' (3) Hydraulic cylinders capacities. conditions. n 2 -inch cylinders shall be a minimum 2 -inch (10) See appendix D, item (d), for basis and inside diameter with a safe working capacity of not less limitations of the data. than 18,000 pounds axial compressive load at maximum atzicn. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a • minimum 3 -inch inside diameter with a safe work capacity of not less than 30,000 pounds axial '• compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. I I I I P-36 OCCUPATIONAL SAFETY AND HEALTH I 1926 Subpart P App D RECULATIONS AND PROCEDURES ALUMINUM HYDRAULIC SHORING • TYPICAL INSTALLATIONS nmRy� m+cna� vanu+.Awm<x vanol.4 a004 tliCR`=aucc Xt01U4:[xAas/jI / C=VJ=Q fwntr.racm) -. tacartxaAcrw �cr aItMa flMLZC czt-ca S. ruJJ �mcauuc cnara � _ .. vancu. • mcxc ?wX we rv4X nc ml%I IP9lRff . R= 7. .Mi ,uD�Aaiarcnuucscta�c Nycaeu =M /W(TKM7 (STA ) �f�ry� , •( 4ACN. / pP N I[UMAL2mm / C:Lm VEtnCLL M ICLL 4AC24 CM1,M1t� 4. P-37 OCCIIPATIONAL SAFETYAND HEALTH . 1926 Subpart P App D REGULATIONS AND PROCEDURES TABLE D.1.1 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A R HYDAULIC CYLINDERS DEPTH • OF MAXIMUM MAXIMUM WIDTH OF TRENCH (FEET) TRENCH HORIZONTAL VERTICAL SPACING SPACING UP TO 8 OVERSUP UP OVA 12 UP T012 T015 (FEET) OVER 5 8 UP TO 10 OVER 10 8 4 2INCH 2INCH 3INCH UPTO O DIAMETER D �ER DIAMETER 1OVER • N� 15 7 UP TO 20 OVER 20 • NOTE (1) Footnotes to tables, and gen aTnores a hjd??a c shoring, are found m Appendix D, Item (2) Nate (1): See Appendix D, Item (g (1) Note (2): See Appendix D, Item (g)(2) P-38 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart? App D REGULATIONS AND PROCEDURES TABLED .1.2 ALUt IINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE B HYDRAULIC CYLINDERS DEPTH MAXIr1MVI MAXIMUM WIDTH OF TRENCH (FEET) OF HORIZONTAL VERTICAL TRENCH SPACING SPACING UP TO 8 OVER 8 UP OVER.12 UP 1O 12 TO 15 .: (FEET) (FEET) (FEET ______ OVER 5 8 UP TO 10 OVER 10 ,6.5 4 2INCH 2INCH 3INCH UP TO DIAMETER DIAMETER DIAMETER° 15 NOTE (2) OVER 15 55 UP TO 20 OVER 20 NOTE(1) FooL otes to tables, an+d gnot anhZdhodng, are-faundinAppe dix D, Item (� Nate (l): See Appendix D, Item (0(1) Note (2): See Appendix D, Item (S)(2) P-39 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App D .,-.: REGULATIONS AND PROCEDURES' TABLED - 1.3 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE B WALES HYDRAULIC CYLINDERS (TIMBER UPRIGHTS DEPTH OF WIDTH EL WIDTH OF TRENCH 1a �r-T) M .HCAI iAcrlc (CN aNTlx) TRENCH (FEET) YLRna .VAcu(c (/!!q Rrna( MaotLUS w)) UPTo8 . OV'ERBUPTOI2 0____ __ SOLD SF•i N tai. 3n._ EORM SACThTC CYLWOIR OIAMlr! HC BIL SPACING CYLVICU. CAM!TU EQEM. SPACING YLINOnF OIAMCT! OVER 3.5 8.0 . 2114 8.0 x_ 8.0 BIN 5 UP TO 4 - - 3X12 7.0 9.0 2 IN 9.0 Ho�rfn 9.0 3 IN 14.0 12.0 3111 12.0 3IN 12.0 "13IN 10 OVER 3.5 6.0 TIN 6.0 Haul 6.0 3IN 10 UPTO 4 - 3X12 - 7.0 8.0 3111 8.0 3IN 8.031N 15 14.0 10.0 3IN 10.0 3111 10.0 I31N OVER 15 UP TO 4 3.5 5.5 2IN 5.5 N01 5.5 (3IN 3X12 - - 7.0 6.0 3IN 6.0 3IN 6.0 3IN 20 14.0 9.0 3IN 9.0 3IN 9.0 BIN OVER 20 NOTE (1) Footnotes to tables, and ;equal notes o ily ^ t shs=rs;t e fou dlz App�Idis D, Item (g) Notes (1): See Appendix D, Item (g(l) Notes (2): See Appendix D, Item (g)(2) * Consult product manufacturer and/or qualined eacneer for Section Modulus of acih ble w --yes. P40 OCCUPATIONAL SAFETY AND HEALTH - 1926 Subpart P App D REGULATIONS AND PROCEDURES TABLED - 1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C WALES HYDRAULIC CYLINDERS TIMBERUPRIGHTS DEPTH OF TRENCH /� (FEET) vraLacAl S?AcT{G ( 11) r�ox MODULUS P13)) WIDTH OF TRENCH (FEET) bLLR.$ORIZSPACn4G 0 xc�rlZ) UP T08 ovzze tI To I OVt 12UP To is solm 7i'i. 3iL. XGRiL JACWG CYLYV OlR OLaMeTCR IIG RIL VAONG CYLWOtR OIAN[TtR XGRIZ. UACWC CYLO�OIR LA&IflL Sr OVER _ 3.5 6.0 2W 6.0 NOTE(2) 6.0 3 c5 r UP TO 4. 7.0 6.5 211 6.5 xotEC2) 6.5 31W 1<12 - - 14.0 10.0 3IN 10.0 3IN 10.0 311 10 OVER 3.5 4.0 21W: 4.0 xorp) 4.0 319 - 70 5.5 31N 5.5 31N 5.5 3IN 10 4 3X12 - UP TO 15 14.0 8.0 3IN 8.0 31N 8.0 3W OVER IS UP TO 4 3.5 3.5 21N 3.5 xazEpt 3.5 31W 3X12 __ - 7.0 .5.0 3W5.0 3IN 5,0 3IN 14.0 6.0 31H 6.0 3W. 6.0 31N 20 OVFR20 --1QOTEjlr— - Footnotes to tables, and general notes on hpdzaulic shoring, are found in Appendix D, Item (g) Notes (1): See Appendix D, Item (g)(1) . Notes (2): See AppendixD, Item (g)(2) `Consult product manufacturer end/or gv lified er peer for Section Modulus of aveilble wtL•s. OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App E REGULATIONS AND PROCEDURES 1926 Subpart P App E - Alternatives to Timber Shoring Is 41 Figise 1. Ah.ni-.,.n Hydraulic Shor g OOOO Figlue 2. Pneun:aedhydralic Shoring P42 OCCUPATIONAL SAFETY AND HEALTH . 1926 SubpartP:App E .. REGULATIONS ANDPROCEDURES Figure 3. Trench Jacks (Screw lacks) Figure 4. Trench Shields P -a3 1 I 1 1 I 1 1 1 1 1 1 OCCUPATIONALSAFETYAND HEALTH 1926 Subpart P Anp F —._.. • .. AEGULATIONS AND PaOCEDURES • The following figures arc a graphic summary of the requirements contained in subpart P for 1926 Subpart P App F - excavations 20 feet or less in depth. Protective systems Selection of Protective Systems for usein excavations more than 20 feet in depth must be designed by a registe ed professional engineer in accordance with sec. 1926.652(b) and (c). Is there potential for cave-in? E Is the excavation, more than3 feet in depth? NO YES Is the excavation entirely in stable rock? Excavation maybe yr made with vertical sides. Excavation must b e sloped, shored, or shielded. or shielding Go to Figure 2 Go to Figue 3 FIGURE I - FFFiIMINARY DECISIONS P-44 • ['PHIS PAGE BrTFN ZONALLY LEFT BLANK] P -4s I I I I I L I I I APPENDIX B I ARKANSAS STATE LICENSING LAW FOR I CONTRACTORS I J iH I I I 11 I I I LI I I Arkansas State ' Licensing Law For Contractors ' Act 150 of 1965 r 7 HJ I I I I I 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 of 1995 335 of 1997 378 of 1997 Revised May, 1997 I Ii r 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 01 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, 1919, 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: CHAPTER25 CONTRACTORS 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 -1- LJ I I I I I I I I 1 1 1 1 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 [case, 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. (b) However, the twenty thousand dollar ($20,000) ' 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 contractors 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 I. by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city 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 engineering 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 misdemeanor and shall be liable to a line of not less than one hundred dollars ($100) 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 ($20,000) or more, without first having procured a license to engage in the business of contracting in this state; (2) Shall present or file the license certificate of another; (3) Shall give false or forged evidence of any kind to the board, or any member thereof, in obtaining a certificate of license; (4) Shall impersonate another, or (5) Shall use an expired or revoked certificate of license. (b) The doing of any act or thing herein. prohibited by any applicant or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license to an applicant or to revoke the license of a licensee. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him any book, writing, or other thing under his control which he is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e) (1) (A) Any contractor who, after notice and hearing, is found by the Contractors Licensing Board to have violated, or used a contractor in violation of, this section shall pay to the board a civil penalty of not less than one hundred dollars ($I00) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed -2- -3- I three percent (3%) of the total contract being performed by the contractor. (B) The penalty provided for in this subsection. plus interest at ten percent (10°/u) 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 to the provisions of the Administrative Procedure Act, as amended, §25-15-201 et seq. (4) 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. (5) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to obtain ajudgment 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, secure a writ of injunction, without bond restraining and prohibiting the contractor from performance of the work then being done or about to commence. ' §17-25-105 Form of Indictment In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a ccrtifictte 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 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. Subchapter 2- Contractors Licensing Board §17-25-201 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 be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. (I) (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. (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. (C) At least one (1) member of the board shall have had as a larger part of his business the construction of buildings. (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 I I I Li L Li contracting. One (I) shall represent consumers, and one (I) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (c) (I) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year (3) Each member shall hold over after the expiration of his term until his successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his office, shall file with the Secretary of State the constitutional oath of office. ' (e) (1) Each member of the board shall receive fifty dollars ($50.00) per diem while the board is in session and reimbursement for necessary traveling expenses, board, and lodging. ' (2) Each member of the board shall receive fifty dollars ($50.00) per diem in addition to the per diem provided for in subdivision (1) of this subsection. §17-25-202 Organization and Functions (a) The board shall elect a chairman, vice-chairman, and secretary, each to serve in his respective capacity for one (1) year. Officers shall be elected by the board annually. ' (b) The board shall have two (2) regular meetings in each year; one (1) meeting shall be in the month of February, and one (1) meeting shall be in the month of August, for the purpose of transacting such business as may properly come ' before it, on call of the chairman of the board. (c) Special or adjourned meetings may be held at such times as the board may provide by the bylaws which it shall ' adopt, or at such times as the board may, by reasonable resolution, provide. (d) Due notice of each meeting and the time and place thcrcof shall be given to each member in such manner as the bylaws shall provide. (c) Three (3) members of the board shall constitute a quorum. (1) The board shalt adopt a seal for its own use and shall have on it the words, "Contractors Licensing Board, State of Arkansas, Seal," and the secretary shall have charge and custody of it. §17-25-203 Powers (a) The board shall have power to make such bylaws, rules, and regulations for its operation as it shall consider appropriate, provided that they are not in conflict with the laws of the State of Arkansas. (b) All expenses incurred by the board for the administration of this chapter are authorized to be paid by the board. (c) The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary. §17-25-204 Employees The board shall employ a chief administrative employee, also known as administrator, who shall possess such qualifications as may be determined by the board and who shall serve at the pleasure of the board. In addition, the board may 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. §17-25-205 Disposition of Funds The fees of the Contractors Licensing Board shall be deposited in banks to be used by the board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules and regulations prescribed by the Director of the Department of Finance and Administration. §17-25-206 Records and Reports (a) The secretary shall keep a record of the proceedings of the board. 1 -6- -7- I 1] En (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 recorded therein. A certi fled 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 furnished to any applicant 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, finn, 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, 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 ($20,000) or more, any person, film, or corporation, before being entitled to the issuance of such permits, furnish satisfactory proof to the inspector or authority that he is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. §17-25-302 Limitations The board shall have power to limit the license to the character of work for which the applicant is qualified. §17-25-303 Application - Renewal - Fees (a) (1) Any person desiring to be licensed as a contractor in this state shall make and file with the board thirty (30) days prior to any regular or special meeting thereof, a written application on a form as may then be prescribed by the board, for examination by the board. The application shall be accompanied by payment in a sum to be determined by the board but not to exceed one hundred dollars ($I00) to the Contractors Licensing Board, State of Arkansas. (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 suansfitlly completing any examination required. (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 (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. (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 H J reviewed by a certified public accountant or registered public accountant according to American Institute of Certified Public Accountants' Professional 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. I I 11 I I 11 I I I §17-25-305 Applicant Qualifications (a) The board, in determining the qualifications 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 manna of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other fact tending to show ability and willingness to 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 All certificates of license to engage in the business of contracting in the State of Arkansas shall expire at 1290 -10- 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 contractor 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 swam 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 after the daze 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 daze fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the daze of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accrued contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractors behalf and defense. (f) 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 Secretary of -11- 1 State of its findings in the case 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 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 organintions, to jointly submit a bid or enter into a contract for construction as a joint venture unless all panics 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 et 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 are 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- shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications 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 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 political 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 licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an, appropriate license issued by the board. I I I I I I II I I -13- 1 H 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 [1 Subchapter 4 - Contractors Bond ' §17-25-401 Definitions (a) (1) 'Contractor' shall include a' original, prime and general contractors and all subcontractors. It is defined to be an person, firm, joint venture, partnershij copartnership, association, corporation, or other organization engaged in the business the construction, alteration, dismantlin demolition, or repairing of roads, bridges, viaducts, sewers, water and gas main streets, disposal plants, water filters, tank towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and g wells, water wells, pipelines, refinerie , industrial or processing plants, chemical plants, power plants, electric, telephone, any other type of energy or messag transmission lines or equipment, or any other kind of improvement or structure. (2) The term 'contractor' shall includ any contractor • who is required to obtain contractor's license under the state licensing law of this State, §17-25-101 et seq. ' (b) However, when a person or entity acts as a contractor in the constructio erection, alteration, or repair of his own its own property or of a single-family residence or if the cost of the work to In done, including, but not limited to, labor ars materials, is less than twenty thousand dollars (S20,000), the person or entity sh not be deemed a contractor under t chapter. 1 J I I I I I I I §17-25-402 Expenses - Deposition of Funds (a) All 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 (S 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- E §17-25-405 (Repealed) §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) §17-25-408 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- (b) Upon notice to the contractor and hearing thereon is requested by tj contractor or if deemed appropriate by the board or any committee thereof, should it determined that a violation exists, the boat or committee may assess a penalty for noncompliance in a sum not to exceed fi percent (5%) of the value of the contra performed, and upon a finding of a second or subsequent violation, the contractor may assessed a penalty equal to ten perce (10%) of the value of the contract performed. Further, any contractor found violation for a second or subseque violation of this subchapter may lose it 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 compl with the provisions of this subchapter shat be grounds for revocation of any license issued to the contractor by the' Contractor Licensing Board. (d) Enforcement of the bond filth requirements contained herein shall be th� responsibility of the Contractors Licensing Board. , (e) The board shall have the power to make such rules and regulations ff enforcement as it may consider appropria and not in conflict with Arkansas law. I -5- I I I § 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. -7- -6- • ,QEs. /N4C D/ DOCUMENT 00500 ORIGINAL CONTRACT THIS AGREEMENT, made and entered into on the <0 day of November, 2001, by and between John P. Marinoni Construction Co., Inc. herein called the Contractor, and the City of Fayetteville, Arkansas, 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 Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Walker Park & Wilson Park Tennis and Basketball Court Resurfacing, dated June 2001. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings (10 Sheets) 2. 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 Bid for the Base Bid for Schedule No. 2, in lawful money of the United States, the amount of: One Hundred Seventy Four Thousand Seven Hundred Fifteen and 60/100 Dollars ($174,715.60). The Work will be completed and ready for final payment in accordance with the General Conditions within 90 days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. 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 Conditions. 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 Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY012109 Fayetteville Tennis / Basketball Courts Section 00500 - I 0 ORIGINAL 5. 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 Conditions, 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. 6. 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: rStEV F TTF,STI Clerk •r John P. Marinoni Construction Co., Inc Title CITY OF FAYETTEVILLE, ARKANSAS OWNER By Mayor FY012109 Fayetteville Tennis / Basketball Courts Section 00500-2 • FA YETTE VILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Goody and City Council THRU: Hugh Earnest, Urban Development Director'Af7/ /nr FROM: Connie Edmonston, Parks and Recreation Su/peerint`2n ent DATE: October 19, 2001 Background This project consists of the renovation of Wilson's four lighted courts located directly west of the swimming pool and two tennis courts and a basketball court located on the southwest side of Walker Park. Cracks caused by aging facilities, weathering, and movement of subsoil run throughout the courts making them difficult and unsafe for use by the general public to play games or matches. Grass continuously grows up in these cracks increasing maintenance and safety problems. The current condition of the courts aggravate maintenance, usability, safety and aesthetic problems. The courts are at the age and condition that requires renovation to achieve minimum standards for our tennis and basketball community. Meetings were held with community tennis players to select the type of surface. Green vinyl coated fencing will replace the existing corroded fence. McClelland Consulting Engineers will evaluate, design and provide construction supervision. Current Status Two bids were received on July 30, 2001, but were rejected because of insufficient funds in the project. The City staff instructed the engineers to re -bid and include in the project documents deductive alternatives. On September 6, 2001, the bids were reopened with the sole bid being received from John P. Marononi Construction. Recommendation The Parks and Recreation staff recommend approval of a contract with John P. Marononi Construction in the amount of $174,716, plus • a ten percent project contingency of $17,470, for a total cost of $192,186 to renovate Wilson Park's four tennis courts. This bid price has been found to be reasonable, competitive and in the City's best interest. After a considerable amount of discussion among key City staff, we are recommending that the Walker Park's two tennis courts and one basketball court bid of $96,727 not be accepted. It is proposed that the necessary work be done in-house by Public Works at a savings to the City with no loss in the quality of the work performed. The Public Works Department plans to complete the work by April of next year. We have discussed this situation with Steve Smith from Marinoni Construction and while he would obviously prefer that his company be awarded both contracts, his company is agreeable to accepting only one contract in accordance with the bidding instructions. Because of the greater complexity of the installation of the court surfacing at Wilson Park and the attendant need for oversight and inspection, we are recommending the outsourcing of this work. Acceptance of the Wilson Park tennis court bid will enable the City to develop courts of the highest quality through the installation of a cushioned type surface. The renovation at Walker Park will entail a rework of the existing asphalt surface for both the tennis courts and basketball court at a savings to the City by performing the work in-house. This approach is deemed a cost-effective utilization of City finances and resources. Attachment: Bid Tabulation Contract Bidders List Tennis and Basketball Courts Resurfacing Project for Walker and Wilson Park September 6, 2001 FY012109 B' Contractor Walker Park Deductive Alternate 1 Deductive Alternate 2 Base Bid - Bid Schedule I John P. Marinoni $114,528.50 $105,979.70 $96,726.70 Construction 1142 Futrall Drive Fayetteville, AR 72703 Contractor Wilson Park Base Bid - Bid Schedule 2 John P. Marinoni $174,715.60 Construction 1142 Futrall Drive Fayetteville, AR 72703 I Bidders List Tennis and Basketball Courts Resurfacing Project for Walker and Wilson Park September 6, 2001 FY012109 Contractor Walker Park Deductive Alternate 1 Deductive Alternate 2 Base Bid - Bid Schedule 1 John P. Marinoni $114,528.50 $105,979.70 $96,726.70 Construction 1142 Futrall Drive Fayetteville, AR 72703 Contractor Wilson Park Base Bid - Bid Schedule 2 John P. Marinoni $174,715.60 Construction 1142 Futrall Drive Fayetteville, AR 72703 0 BID TABULATION City of Fayetteville Tennis & Basketball Courts MCE Proiect # FY012109 - Bid Date September 6. 2001 John P. Marinoni BID SCHEDULE NO. 1 - WALKER PARK Item # Description Qty. Unit Unit Price Extended Remove and Dispose of Fence/ACHM/Etc. 2,300 SY $2.07 $4,761.00 1' 2* Select Fill @ 95% SPD - 12" Depth 800 CY $8.39 $6,712.00 3* Class 7 Base @ 95% SPD - 6" Depth 800 TON $16.04 $12,832.00 4* Hot Mix Asphalt - 3" Depth 390 TON $62.19 $24,254.10 5 Perimeter Embankment Material 120 CY $23.60 $2,832.00 6 Select Topsoil for Perimeter 50 CY $23.60 $1,180.00 7 Seed / Straw / Fertilizer 1500 SY $0.42 $630.00 8 4" PVC Conduit for Future Electrical Service 180 LF $9.75 $1,755.00 9 Area Inlet 1 LS $3,360.00 $3,360.00 10 12" CMP with Connection to Existing Drain Outlet 55 LF $14.16 $778.80 11 Concrete Swale 4' x 4", w/base 460 LF $14.66 $6,743.60 12 10 VF Green Chain Link Fence with Gates 480 LF $41.95 $20,136.00 13 Tennis Net Posts 2 PAIR $767.00 $1,534.00 14 Basketball Goals w/Nets 4 EA $1,770.00 $7,080.00 15 Acrylic Playing Surface with Color and Striping 1 EA $19,409.00 $19,409.00 16 Erosion Control 1 LS $295.00 $295.00 17 Trench Safety 1 LS $236.00 $236.00 BASE BID for BID SCHEDULE NO. I $114,528.50 DEDUCTIVE ALTERNATE BIDS Deductive Alternate No. 1 John Construction annoni Item # Description Qty. Unit Unit Price Extended 4.A Haul & Place Type III Hot Mix Asphalt - 3" Depth (Asphalt Provided by Owner FOB), ' lace Bid Item No.4 with 4.A. 390 TON $40.27 $15,705.30 Base Bid with Deductive Alternate No. 1 $105,979.70 Deductive Alternate No. 2 John arinon Construction C Item # Description Qty. Unit Unit Price Extended 1.A Remove & Dispose of Fence, Nets and Goal Posts I 1 LS $2,080.00 $2,080.00 2.A Crack Repair 1 LS $2,500.00 $2,500.00 3.A Class 8 Base @ 95% SPD - 6" Depth ' Bid Item No. 3 with 550 TON $19.04 $10,472.00 Base Bid with Deductive Alternate Nos. 1 & 2 $96,726.70 J:t20011D121091bidtab- 2nd REBID SEPT 6.wb2 I BID TABULATION City of Fayetteville Tennis & Basketball Courts MCE Project # FY012109 - Bid Date September 6, 2001 BID SCHEDULE NO. 2 - WILSON PARK John P. Marinoni Item # Description Qty. Unit Unit Price 1 Crack Repair 1,200 LF $1.18 $1,416.00 2 Nova Pro -Bounce Surfacing System 4 COURT $23,996.00 $95,984.00 3 Court Color Surfacing and Striping 4 COURT $3,540.00 $14,160.00 4 14 VF Green Coated Chain Link Fence (including 200 LF $47.17 $9,434.00 5 10 VF Green Coated Chain Link Fence (including 390 LF $48.84 $19,047.60 gates) 6 12 VF x 24 LF Painted Plywood Practice Board 2 EA $3,658.00 $7,316.00 7 4" Dia. Sch-40 Conduit for Future Electrical Service 200 LF $10.32 $2,064.00 8 Outdoor Timer & Photocell for Court Lights 1 EA $2,124.00 $2,124.00 9 Tennis Net Posts 4 PAIR $767.00 $3,068.00 10 Concrete Swale 4' x4" 340 LF $13.00 $4,420.00 11 Concrete Sidewalk 115 SY $25.94 $2,983.10 12 Handrail 210 LF $39.75 $8,347.50 13 Handicap Van Accessible Parking 1 LS $1,000.00 $1,000.00 14 Erosion Control 1 LS $295.00 $295.00 15 Select Topsoil 20 CV $23.60 $472.00 16 Seed / Straw / Fertilizer 320 SY $0.42 $134.40 17 Remove & Dispose Fence, Net and Goal Posts 1 LS $2,450.00 $2,450.00 BASE BID for BID SCHEDULE NO. 2 $174,715.60 TOTAL BASE BID AMOUNT Sch's 1 & 2 $289,244.10 TOTAL BASE BID with Deductive Alt. No 1. AMOUNT $280,695.30 TOTAL BASE BID with Deductive Alt's. No I & 2. AMOUNT $271,442.30 Certified by: Date: . Way Jo s, P.E. Arkansas 4 2 J:\2001\0121oesbidtab- 2nd REBID SEPT 6.wb2 • • STAFF REVIEW FORM AGENDA REQUEST icC CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November6,2001 FROM: Connie Edmonston Parks & ACTION REQUIRED: Approval of contract with John P. Marinoni Construction for the renovation of the Wilson Park tennis courts in the amount of $174,716, plus a ten percent project contingency of $17,470 for a total cost of $192,186. COST TO $114, 11 A Cost of this Request 79cn_07Sn_c11A In Account Number $9rm non Category/Project Budget ci cn Funds Used To Date Tcnnic!hackpth_II Surface Renovation Category/Project Name nnnn4-01 t2nR 6A7 Remaining Balance Parks Development Fund Project Number BUDGET REVIEW: _xx_ Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: S/A-- Ilzl 10(22/of Accounting Manager Date I erna' Auditor Date Citay� tt ney Dat ADA Coordinator Date fo/aa lol STAF /O-/6 Date Cross Reference /o- / w Date New Item: Yes No 10124 /01 Prev Ord/Res #: ate /0..64/ Orig Contract Date:_ Date Orig Contract Number: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Connie Edmonston, Parks and Recreation From: Heather Woodruff, City Clerk Date: November 9, 2001 Attached is a copy of Resolution No. 148-01 approving the contract with John P. Marinoni Construction to renovate the Wilson Park Tennis Courts. I am returning two originals to you. One original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 23ty of Fayetteville Update Index Maintenance Document Ite Action Reference Date Ref. Taken Brief D RES 11062001 148 RENOVAT Enter Keywords .......: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: RES. 148-01 CJ 11/20/2001 7:23:33 escription IN OF WILSON PRK TENNIS CURT 4 S • 1 1 . -r Retention Type: **** Active Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. @1108!2002 11:05 5214439241 MCCLELLANL ENGINE PAGE 02 • McCLFLLAND `aveuwilte..ArAan;:`s 'ZFO-�22Y CONS'ILTING /'' :m-oat-z;"iWENGII&MIMP INC. FA.I Si:f-44.5.9!; 1 "II PaA4t d4f t Department coy *'. 113 W.UIRv FayaNW1116. AR 72701 RE: YSon Park Tettais Courts C14AN2E QA6 l� C Them am two items owiendy outside the scope of plans and specifications that we would 41S to add to said project. These items are the addition to the concrete swale beta sn the City puking area and the practice backboards and a brace pipe on the 14 v.f, pd $0n of chain link nce, The contractor has offered pricing for the mentioned itnA'Ia:41'{Is smounb as $olI e: The pwch n price on the Invoice for the brace pipe used on our fence is $1.01 per L.F. Of tltserisl. This does not include connections to the line posts and the labor I handWn Of material. The amount of brace pipe that needs to be added is about 180 L.F. 4sSW� a unit coal per foot of about $5.46 installed. Pisaaa ogle to our moo by fax and for letter if these additions to the Wilson Park prtt$iGtsite accept >l. b the City of Fayetteville. For mono Mfortnetion, questions or comments please do not hesitate to give our office a cep. MOGtELSAND CON$LLTING ENGINEERS, INC. Prbjigl CC: .Wheve Smith, .dohs P. Marinoni Construction, Inc. 0110E/2072 11:06 5614439241 NCCLELL4ND E'JGUEEFS FA 03 �r6er.EN SMITE • 5C1-251-1319 (FAX) O':JO2,02 02:CC:J% PM MARTNONI CONSTRUCTION COMPANY, INC FACSIMILE COITR PA GE TO: McCLELLAN3 ENGINEERS 443-9241 FROM: ST&PH&N SMITH MARINONI CONSTRUCTION, INC. 501-251-1319 (FAX) DATE: 01/02/2002 Number of Pages: 1 Message; ATTN: JAMES RE: WILSON TENNIS COURTS DEAR JAM3S. THE FENCING CONTRACTOR STRONGLY RECOMMENDS INSTALLING A MIDDLE SUPPORT RAIL FOR THE 14' TALL FENCING. TEA. COST FOR TH:5 WILL B! $980.00. PLEASE CONSIDER THIS FOR DURASTLITY OF IHE FENCE. STEVE SMITH MARINONI CONSTRUCTION COMPANY, INC 1142 FUTRALL DR FAYETTEVFLLE, AR 72701 PH 501-251-1316 FAX 251.1319 FAYETI'EV?LLE THE CITY OF FAYETTEVILLE, ARKANSAS TO: Hugh Earnest, Urban Development Director ff FROM: Connie Edmonston, Parks and Recreation Superintendent DATE: January 10, 2001 RE: Wilson Park Tennis Court Project Change Order #1 Parks and Recreation is requesting two items outside the contract with Marinoni Construction for change order #1 on the Wilson Park Tennis Court Project. We have requested to extend the concrete Swale between the swimming pool parking lot to assist with current drainage problems of runoff into the tennis court area at a cost of $655. The second addition as recommended by the fencing contractor was to add a middle support rail on the 14 foot tall fence on the south side of the court. This fence is high to deter tennis balls from going into the creek. The middle support rail would assist in the durability of the high fence. Both of these additions were recommended by our consulting engineers, McClelland Engineers. The total for these two additions is $1,635. There is a ten percent project contingency that was approved by City Council in the amount of $17,470. No contingency funds have been utilized to date. Attachments: Marinoni Construction Company Letter McClelland Engineers Letter 113 WEST MOUNTAIN 72701 501-4443471 FAX 501521.7714 • STAFF REVIEW FORM AGENDA REQUEST xx _ CONTRACT REVIEW GRANT REVIEW I mir�'a 'J Co Co 4< 1�iI�C�TI$IIL� ED For the Fayetteville City Council meeting of [for City Council meeting of] FROM: Connie Edmonston Name Approval of change order number 1 with Marinoni Construction, Constract #817 - Purchase Order 3693, in the amount of $1,635. Cost of this Request 2,5& 92so- go.00 Account Number Category/Project Budget $ Funds Used To Date Park¢ flavalnpman} Category/Project Name anons $ /✓� '79$ /7:71 Park¢ flaval unman} Project Number Remaining Balance Fund BUDGET REVIEW: x Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 1l%YQ4 Z /7(0/01 counting Manager JJ D Int rnal ditor Date � t � 0 C'y� nnAt,tr_ney ate ADA Coordinator Date STAFF RECOMMENDATION: Date %�/✓� Cross Reference / (3 e,()� New Item: Yes No 02 at Prev Ord/Res #: 148-01 Orig Contract Date: 11/13/01 az Date Orig Contract Number: 817 • Page 2 STAFF REVIEW FORM Description Tennis/Basketball Renovation Meeting Date Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Coments: 010 03 City of Fayetteville Update W ndex Maintenance Document Ite Action Reference Date Ref. Taken Brief P&R 1142002 CON CHANGE Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: • 2/15/2002 16:41:57 Description ORDER NO. 1/MARINONI CONST. - - - - - - - - - - - - Retention Type: **** Active *nw Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 010 03 Update Document Reference P&R City of Fayetteville Index Maintenance • Ite Action 2/12/2002 16:46:17 Date Ref. Taken Brief Description 11142002 CON CHANGE ORDER/NARINONI CONSTRUCTION Enter Keywords......... T File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: **** Active *TTW Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 015 04 City of Fayetteville aintenance/Inquiry • Document Ite Action Reference Date Ref. Taken Brief Description P&R 1/15/2002 CON CHANGE ORDER/MARINONI - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Keywords ..............: CONTRACT CHANGE ORDER 1 MARINONI CONSTRUCTION CONTRACT #817 PURCHASE ORDER 3693 $1,635 TENNIS BASKET RES. 148-01 File Reference #......: MICROFILM Security Class........: Retention Type: Expiration Date.......: **** Active **** Date for Cont/Referred: Name Referred to......: Press Cmd 6 to Update Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 2/21/2002 8:53:28 CONSTRUCTION FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Hugh Earnest, Urban Development Director FROM: Connie Edmonston, Parks & Recreation Superintendent DATE: March 25, 2002 RE: Wilson Park Tennis Court Project Change Order #2 Parks and Recreation Division is requesting approval of change order #2 with Marinoni Construction in the amount of $14,635 for additional electrical work at the Wilson Park tennis courts project. There are several old electrical problems revealed that need immediately attention. When digging to place the drainage swells and sidewalks around the tennis courts, it was found that the current electrical system was not in conduit, nor was it a direct bury cable meeting codes. In addition, the cable was buried only 6 inches deep instead of the required 18 inches and was located in a drainage area with water ponding on top. The cable conduit running up the tennis light poles is metal instead of plastic, which could be conducive to electrical shock. The main power feed cable is acceptable, but the junction boxes by the tennis courts are metal and do not meet code. This creates a very hazardous situation in our park. The junction boxes at the tennis courts feed the tennis court lights and as well as the restrooms. We recommend installing new conduit and wiring to meet codes and to correct these problems. This is a costly project because a lot of the trenching will need to be dug by hand in order to protect the shade trees. The electrical system is old and certainly must be replaced in order to safely light the tennis courts and provide electrical service to the adjoining restroom facility. There is a ten percent contingency in the amount of $17,470 that was approved by City Council. Change order #1 in the amount of $1,635 was approved in January leaving a contingency balance of $15,835. McClelland Consulting Engineers recommend approval of this change order. Attachments: McClelland Engineers Letter Marinoni Construction Change Order Cost MCECONSUL TING DESIGNED TO SERVE ENGINEERS, INC. March 22, 2002 Ms. Connie Edmonston Parks and Recreation Department City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Wilson Park Tennis Courts Dear Ms. Edmonston: P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 507-443-9241 As requested, listed herein is pricing for repairing electrical items at Wilson Park. The items priced for repair are as listed below with costs for Court Lighting and Rest Room Facilities separated. Please note that if either of these items is not desired, the total cost may need to be revised by Marinoni Construction. 1. Install conduit and re -wire court lighting system: $9,855.00 2. Install conduit, panels and wire to rest room facilities: $4,780.00 CHANGE ORDER COST $14,635.00 L.S. The scope of this change order is to upgrade the existing electrical system at Wilson Park. This includes connection to electrical supply, wiring, conduit, panels, trenching methods sensitive to tree roots and seeding / strawing / fertilizing disturbed areas outside the original scope of items bid. Please indicate to our office by fax and / or letter if these additions to the Wilson Park project are acceptable to the City of Fayetteville. For more information, questions or comments please do not hesitate to give our office a call. Sincerely, McCLELLAND CONSULTING ENGINEERS, INC. s/ James F. Koch, E.I. Project Engineer Enclosures: Pricing Submitted by Marinoni Construction, Inc. CC: Steve Smith, John P. Marinoni Construction, Inc. File J:\2OO1\O121O9\Correspondenceedmonston-ElectricaI.doc • .,• • . ._-•-:.l_• Fran: Stephen Smith To: McC_ELLMD CONSULTING ENGINEER Date: 3/21/2002 Time: 4:50:32 PM Page 1 of 1 FAX COVER To: McCLELLAND CONSULTING ENGINEER Company: McCLELLAND CONSULTING Fax Number : 4439241 From : Stephen Smith Company: Marinoni Construction Fax Number: 1-479-251-1319 Subject: PROPOSAL FOR LIGHTING AND BATHROOM RE -WIRING AT WILSON PARK Pages including cover page: 1 MESSAGE )ear James The following is a breakdown of our scope of work: Tennis Court Lighting: ($3,855.00) -new undergrcund conduit and wire to the existing six poles -new conduit and wire up the existing poles -replace one existing electrical panel located on the north light pole trenching -seed and straw disturbed area Time : 4:50:32 PM 3ethroom feeder work. ($4,780.00) -new underground conduit and wire to the exshng restroom electrical panel -trenching -seed and straw disturbed area -saw a1 and remove concreta. repair concrete. do not include any new lamps 'or :he axisting lighting. I/9,? ~11001 Date : 3/21;2002 WinFax PRO Cover Page { sec 3 ,It/7.-O/ Ll AGENDA REQUEST XX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: Connie Edmonston STAFF REVIEW FORM Parks & Recreation 11 Urban Development Name Division Department ACTION REQUIRED: Approval of Wilson Park Tennis Court Change Order #2 with Marinoni Construction in the amount of $14,635. COST TO CITY: $ 14,635 Cost of this Request 2250-9250-5890.00 00005-01 $260,000 Parks Development Category/Project Budget Category/Project Name $233,417 Account Number 4� ,sIFunds Used to Date 'VV v Tennis/Basketball Court Renovation Program Name Parks Development Project Number Remaining Balance Fund BUDGET REVIEW: xx Budgeted Item Budget Adjustment Attached (ftdoet Manager Administrative Services Director CONTRACT GRANT/LEASE REVIEW: GRANTING AGENCY: ¼/42aiSAA 3aslo 326 03. Accounting Manager Date el Auditor Date ����/✓/ 3? aL City Attorney Date ADA Coordinator Date Officer Date rfovol AIL Administrative Services Director Date � z � ayor Date er Cross Reference New Item: Yes No Prev Ord/Res #: /_/3' ^ r n / Orig Contract Date: ////3/ 0/ Orig Contract Number: �L7 • STAFF REVIEW FORM Page 2 Description: Comments: Budget Coordinator: Accounting Manager: City Attorney: Purchasing Officer: ADA Coordinator: Internal Auditor: Reference Comments: FAYETTEVItLE A THE CITY OF FAYETTEVIIEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks and Recreation From: Heather Woodruff, City Clerk Date: April 2, 2002 Attached is a copy of the completed staff review form and signed change order no. 2 with Marinoni Construction for the renovation of the Wilson Park Tennis Courts. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit BORING I I E I I I I I I I E I I I 7 H TESTING RESULTS Li I I I I I I I LI I I I L U I I I I PART II CONTRACT FORMS F Li GI I Li iI I I I I PART III I CONDITIONS OF THE CONTRACT I I I I I I I I I SPECIFICATIONS