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HomeMy WebLinkAbout155-01 RESOLUTION• • RESOLUTION NO. 155-01 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO JOHN P. MARINONI CONSTRUCTION COMPANY, INC IN THE AMOUNT OF FORTY ONE THOUSAND TWENTY-TWO DOLLARS AND FOURTEEN CENTS ($41,022 14) TO CONSTRUCT TRENCH DRAINS IN THE T -HANGAR RAMP AT DRAKE FIELD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards a construction contract to John P. Marinoni Construction Company, Inc. in the amount of Forty One Thousand Twenty -Two Dollars and Fourteen Cents ($41,022 14) to construct trench drains in the T -Hangar ramp at Drake Field. Section 2 That the City Council hereby authorizes the Mayor to sign such a contract with John P. Marinoni Construction Company, Inc. PASSED and APPROVED this 20th day of November, 2001. THER WOODRUFF, '1ty Clerk APPROVED: By r • NAME OF FILE: CROSS REFERENCE: Resolution No. 155-01 • 11/20/01 Resolution No. 155-01 11/20/01 Contract Agreement with John P. Marinoni Construction Co., Inc. 11/09/01 Memo to Mayor Coody & Fay. City Council Members, from Gary Dumas, Utilities Services Director/Interim Airport Manager, thru Staff Review Committee, regarding Hangar Drainage E, F & G, plus Bid Results 11/06/01 Letter to Dale Frederick from R. Wayne Jones, P E Vice President, McClelland Consulting Engineers, Inc. 11/20/01 Staff Review Form 11/27/01 Memo to Gary Dumas, Utility Services Director, from Heather Woodruff, City Clerk 03/13/02 Change Order No. 1 02/14/02 Memo to Mayor Coody thru Staff Review Committee from Ray M. Boudreaux, Director, regarding T -Hangar Trench Drain change order 03/21/02 Staff Review Form 04/02/02 Memo to Ray Boudreaux, Airport Manager, from Heather Woodruff, City Clerk NOTES: X942 u✓ PROJECT MANUAL Drake Field Trench Drain FOR THE CITY OF FAYETTEVILLE, ARKANSAS AUGUST 2001 MCE PROJECT NO. FY012142 �t.7• 1!! IOttttF 1"'0. .ss e McCLELLAND r s ca; coNSULTING ENGINEERS, tcc y ., Na 7A • 4i AS- '4j//1/111111111111%%p 4- r ---ii 5-0,1Ei.�_' C0 Il A.i' w 13 Ili REGIcie S ?D ito E '�gl/,J0 1' u f McCLELL4ND N'. �� 2 �, 0E114%10C�E CONSULTING 'II, 11/ 01 �qTr t� f � � O)for 13 ADDENDUM NO. 1 DRAKE FIELD TRENCH DRAIN Fayetteville, Arkansas Project No. FY012142 October 24, 2001 The Project Manual and the Drawings dates August, 2001 for the pr41ect are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Bid Form. This Addendum consists of I page. The Project Manual is amended as follows: Item No. 1 Delete the two sentences of Article 10 on page 3 of Section 00100, ALTERNATES and replace with the words, "NOT USED". Item No. 2 Revise Article 19 on page 5 of Section 00100, BASIS OF AWARD to read " as best serves the Owner's interests." Item No. 3 Delete the first paragraph of UNIT PRICE BASE BID on page 3 of Section 00300. Item No. 4 Delete the two paragraphs of PAYMENT SCHEDULE on page 4 of Section 00300 and replace with the following: "Monthly payments shall be made based on the estimated work completed as described in Section 00700 GENERAL CONDITIONS." Item No. 5 Add subparagraph "d." to paragraph 2 1.2 PVC PIPE on page 2 of Section 02720 to read: "d. Pipe class shall be Solid Wall SDR -21 or equal." 1:\.001\012142\Specs\Addendum No-I.wpd Addendum No. 1 1 l SECTION NO. PART I 00030 00100 00300 00350 00360 PART II 00500 00600-1 00600-2 PART III 00700 00800 PART IV DIVISION 1 01000 01009 01011 01014 01016 01025 01027 01028 01210 01300 01311 01400 01500 01700 01710 01720 DIVISION 2 02050 02200 02300 02310 02720 DIVISION 3 3210 3300 3301 DIVISION 7 07900 TABLE OF CONTENTS FY012142 SECTION TITLE BIDDING REQUIREMENTS Advertisement For Bids 2 Instructions To Bidders 7 Bid Form -Unit Price 8 Bid Bond 2 Notice Of Award 1 NO. OF PAGES CONTRACT FORMS Contract 2 Performance Bond 2 Payment Bond 2 Notice To Proceed 1 CONDITIONS OF THE CONTRACT General Conditions 36 Supplementary Conditions 1 SPECIFICATIONS GENERAL REQUIREMENTS Abbreviations 2 Summary Of Work 2 Site Conditions 2 Protection Of The Environment 1 Safety Requirements and Protection Of Property 3 Measurement and Payment 4 Applications For Payment 2 Change Order Procedures 2 Preconstruction Conferences 1 Submittals During Construction 6 Schedule And Sequence Of Operations 2 Quality Control 3 Temporary Construction Facilities and Utilities 2 Contract Closeout 2 Cleaning 2 Project Record Documents 3 SITE WORK Demolition 4 Earthwork, Trench Excavation and Backfill 10 Seeding 3 Sodding 3 Storm Drainage 4 SITE WORK Reinforcing Steel 3 Cast In Place Concrete 17 Pervious Cast In Place Concrete 10 Thermal & Moisture Protection Joint Sealers 3 APPENDIX A Arkansas State Licensing Law for Contractors PART I BIDDING REQUIREMENTS DOCUMENT 00030 ADVERTISMENT FOR BIDS Bids: BID NUMBER 01-58 PROJECT: City of Fayetteville Drake Field Trench Drain MCE Project No.: FY012142 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 the Drake Field Trench Drain Project. Bids shall be on a unit price basis. The City of Fayetteville will receive Bids until 10:00 AM, local time Thursday November 1, 2001 at Room 306 — City Purchasing Office, 113 West Mountain St., Favetteville, 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 F.W. Dodge Reports c/o Southern Reprographics 5100 East Skelly 2905 Point Circle Suite 1010 Fayetteville, AR 72704 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 $50.00 for each set of documents. Retum 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 conceming the proposed work, contact Mr. James F. Koch, E.I. or Mr. R. Wayne Jones, P E at McClelland Consulting Engineers Fayetteville office. FY012142 Drake Field Trench Drain 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 01-58 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. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF CONTRACTORS 1 5. DOCUMENT INTERPRETATION 1 6. BIDDER'S UNDERSTANDING 2 7. PROJECT MANUAL AND DRAWINGS 2 8. TYPE OF BID 2 9. TRENCH AND EXCAVATION SAFETY SYSTEM 2 10. ALTERNATES 3 11. PREPARATION OF BIDS 3 12. STATE AND LOCAL SALES AND USE TAXES 3 13. SUBMISSION OF BIDS 3 14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID 4 15. WITHDRAWAL OF BID 4 16. BID SECURITY 4 17. RETURN OF BID SECURITY 4 18. AWARD OF CONTRACT 5 19. BASIS OF AWARD 5 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 7 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. 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. FY012142 Drake Field Trench Drain 00100 - 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 Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-buming requirements, permits, fees, contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 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 $50.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid form. The total amount to be paid to the Contractor shall be the total amount of the unit price items as adjusted based on quantities installed and any adjustment for additions by change orders during construction. 9. TRENCH AND EXCAVATION SAFETY SYSTEM Not Used. FY012142 Drake Field Trench Drain 00100 - 2 10. ALTERNATES The Bid Form delineates three specific Alternatives for trench construction, plus one Deductive Alternate. The Bidder must propose on at least one of the three "base bid" Alternatives. 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 of a 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. 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. FY012142 Drake Field Trench Drain 00100 - 3 14. TELEGRAPHIC OR WRTI IEN 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 furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attomey-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. 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. FY012142 Drake Field Trench Drain 00100 - 4 18. AWARD OF CONTRACT Within 60 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, including acceptance of the Deductive Alternate bid item. 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 conceming 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 of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the Owner. The date of final acceptance of the work shall be the date the Owner signs the final payment unless the Owner furnishes a letter to the contrary at the time final payments are made. At the time of final acceptance the Contractor shall furnish a 12 -month Maintenance Bond. 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 FY012142 Drake Field Trench Drain 00100 - 5 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 and furnish the Performance and 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 fumish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. 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 CONDHIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. FY012142 Drake Field Trench Drain 00100 - 6 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. FY012142 Drake Field Trench Drain 00100 - 7 DOCUMENT 00300 BID FORM UNIT PRICE NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: The City of Fayetteville Address: 113 W. Mountain St. Fayetteville, Arkansas 72701 Project Title: Drake Field Trench Drains Engineer's Project No.: FY012142 Date: November 1, 2001 Arkansas Contractor's License No.: 0033500402 Bidder: JOHN P. MARINONI CONSTRUCTION COMPANY. INC. 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: One dated 10/24/2001 to these Specifications. (Bidder insert No. of each Addendum received.) FY012142 Drake Field Trench Drains 00300 - 1 • )l. DE.R'S DECLARATION AND UNDERSTANDING The undersigned. hereinafter called the Bidder, declares that the only persons or parties interested in this 13id 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. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project. that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, 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. 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 LIOUIDATED 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 work. FY012142 Drake Field Trench Drains 00300 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT PRICE BASE BID /These documents have been prepared to promote fair c and one e uctive alternate-to-constatct proposed trench drains. The succ \ one--of-th a alternatives and also has the option ice -the -d tIternate cannot be idwi •. t one of the three alternatives be', :..d among three alternative approaches '\ der must bid at least ctive alternate. deductive The bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The bidder agrees that the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called forin the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. BID ITEMS 1. 1395 L.F. Pervious Concrete Surface Course, w/ Black Dye including Perforated PVC Pipe and Bedding. Tun sit fie One q..,d 9' e/re, o Dollars/L.F. $ 2t t!- $ 3atss0.se, Words 2. 35 S.Y. 5 -inch thick Concrete Patch w/ $364.2(0 $ /, 33e1•10 Black Dye ytit,.•fy C—, ykt` ewe( 26/ode Dollars/S.Y. Words 3. 250 L.F. 8 -inch Diameter PVC Pipe and $ /& , 38 $ ctto 9s, 00 Bedding ggr� $: yc?ee.7 aHd 3/100 Dollars/L.F. Words 4. 6 Each Concrete Head -wall Structure $ SU, .°V $ 3,d 3 Co .2'f F✓t r(vrtdit( .3,c and d•f/tet) Dollars/Each Words 5. 1 L.S. Ditch Grading $ It/zq.00 $ /,/at.ee o., e lie cu sa•t.J e. t fi'candel ed lwe.tlp. AJ tete and es° /maDollars/L.S. Words FY012142 Drake Field Trench' Drains 00300 - 3 ITEM EST. QTY. UNIT DESCRIPTION UNIT PRICE TOTAL 1. 1395 L.F. Pervious Concrete Surface Course, w/ Black Dye including Perforated PVC Pipe and Bedding. Tun sit fie One q..,d 9' e/re, o Dollars/L.F. $ 2t t!- $ 3atss0.se, Words 2. 35 S.Y. 5 -inch thick Concrete Patch w/ $364.2(0 $ /, 33e1•10 Black Dye ytit,.•fy C—, ykt` ewe( 26/ode Dollars/S.Y. Words 3. 250 L.F. 8 -inch Diameter PVC Pipe and $ /& , 38 $ ctto 9s, 00 Bedding ggr� $: yc?ee.7 aHd 3/100 Dollars/L.F. Words 4. 6 Each Concrete Head -wall Structure $ SU, .°V $ 3,d 3 Co .2'f F✓t r(vrtdit( .3,c and d•f/tet) Dollars/Each Words 5. 1 L.S. Ditch Grading $ It/zq.00 $ /,/at.ee o., e lie cu sa•t.J e. t fi'candel ed lwe.tlp. AJ tete and es° /maDollars/L.S. Words FY012142 Drake Field Trench' Drains 00300 - 3 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM EST. UNIT QTY. UNIT DESCRIPTION PRICE TOTAL Acre Seed / Straw / Fertilizer $ 740.00 $ 75 6.00 Sent-. kgeterr<ar Fourt, S: and n. /iee Dollars/Acre Words 7. 30 S.Y. Bermuda Sod $ c/.2( $ itta.3o FS ke 4.,,4 24/66 Dollars/S.Y. Words TOTAL BASE BID $ itc0 022.1f ro.tAy one e4se.lci "nuttily 7ouo date/ tr./in; o Dollars Words min AtCits ''O o BASIS OF AWARD The Owner intends to award the Contract to the qualified, responsible and responsive bidder with the lowest Total Base Bid. MAJOR EQUIPMENT SCHEDULE - Not Used PAYMENT SCHEDIJLF 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 Elkins, 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 he 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. FY012142 Drake Field Trench Drains 00300 - 4 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. ,(Jo .1 Q SUBCONTRACTOR .Arkansas Contractor License k Name Street Address, City, State, Zip Code SUBCONTRACTOR Arkansas Contractor License # Street Address, City, State, Zip Code SUBCONTRACTOR Arkansas Contractor License # ILLaiitid Street Address, City, State, Zip Code FY0I2142 Drake Field Trench!Drains 00300-5 L L I I I 1 L rI 71 I I I I I I El [] PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 60 percent of the work with his own forces (refer to Paragraph 22, 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. 9// fl e u.serk Estimated total cost of the above items the Bidder states that will be performed with his own forces, if awarded Contract: /K All 54t,.a Cs.dfraet Asaunf Dollars($ �F( a 2.2 .C (Words) EXPERIENCE 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.) Drake Field Drainage: $638,385.00, McClelland Engineers, (501)443-2377 Drake Field Fuel Farm: $200,000.00, McClelland Engineers,(501)443-2377 Complete..list available upon request. ' FY012142 Drake Field Trench'.Drains 00300-6 I ' 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 Company whose address is: 555 Republic Dr., Su. 450, Plano, Texas 75O74 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. I I I I :.J [1 1 1 11 BIDDER The name of the Bidder submitting this Bid is: JOHN P. MARINONI CONSTRUCTION COMPANY, INC. doing business at: 1142 N. Futrall Dr., Fayetteville, Ar. 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 L. Smith, President Betty F. Marinoni, Secry/Treas. Roger Ross, Vice -President ' FY012142 Drake Field Trench', Drains 00300- 7 I 1 1 1 1 1 1 1 1 It Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his (its) hand this day of Signature of Bidder Title 20 If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this 1s tday of November , 2001 (SEAL) JOHN P. MARINONI CONSTRUCTION CO., INC. Name of Corporation By / ?• X -w -- John P. Marinoni Title C . E . O . (y_Q Attest cretaryBetty F. Marinoni FY012142 Drake Field Trench Drains 00300- 8 DOCUMENT 00350 STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: John P. Marinoni Construction Company, Inc., 1142 North Futrall Drive, Fayetteville, AR 72703 Principal and Contractor, and Westfield Insurance Company, P.O. Box 5001, Westfield Center, OH 44251 hereinafter called Surety, arc held and firmly bound unto the City of Fayetteville, Arkansas and represented by its Mayor and City Council, hereinafter called Owner, in the sum of Five Percent (5%) of Total Amount of Bid DOLLARS (S xxxxx lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Drake Field Trench Driun City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner fat -the performance of said Contract within I5 consecutive calendar days after written notice having been given of the award of the Contract. NOW. THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. FY012142 Drake Field Trench Dmin 00350-1 IT I IN WITNESS WHEREOF, the said John P. Marinoni Construction as Principal herein, has caused these presents to be signed in its name by its CEO and attested by its President under its corporate seal, and the said ' Westfield Insurance Company as Surety herein, has caused these presents to be signed in its name by its Attorney -in -Fact ' under its corporate seal, this 1st day of November A.D., 2001. I I I I I I I I I I I I Signed, sealed and delivered in the presence of: Witness Ste?e Smith President Surety Westfield Insurance Company h at Witnes to Surety FY012142 Drake Field Trench Drain John P. Marinoni Construction Co., Inca Principal -Contractor John P. Marinoni . CEO Tide Attorney -t act (Power -of -Attorney to be 4 c ed) Scott R. Clark Resident Agent 00350-2 General POWER NO. 0320052 03 of Attorney West eld 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 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 If 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 Attorney(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 Vice -President' (Adapted 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/s 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 WESTFIELD INSURANCE COMPANY • Aftb ld 'State of Ohio '4 .._.. -V,,�' By of Medina H- Countys.i,� Richard L Kinnaird, Jr. Vice President I I 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 n•wqy Seal `+"'R\AL \ .1a#'n ego fV\. LflLXx a n State of Ohio County 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 fitness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this 1St day of November A.D., 2001 o`�SgR.tq.�,$, Ofit-� i / • VV ���L ' ''•. ra.. �i Richard A. Wallet Assistant Secretary BPOAW2 (03-99) LI I C ri I I I I I J I I I I I I I I NOTICE OF AWARD TO: PROJECT DESCRIPTION: Drake Field Trench Drain Fayetteville, Arkansas The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: ($ ) You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this. day of . 2001. FAYETTEVILLE, ARKANSAS Owner By Title Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of ___________________________,2001. By Title FY012142 Drake Field Trench Drain 00360 - 1 I I I [. 1 I I I I 1 PART II 1 CONTRACT FORMS I I I I I I I I Res. 155 --or I IDOCUMENT 00500 CONTRACT I I I H I I H I I H I I Nov. 51001 ORIGINAL 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 Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Drake Field Trench Drains, dated August 2001. Advertisement for Bids Instructions to Bidders Unit Price Bid Notice of Award Contract Performance Bond Performance Bond Payment Bond Notice to Proceed General Conditions Supplementary Conditions Specifications Drawing - 2 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, in lawful money of the United States, the amount of: Forty One Thousand Twenty Two and 14/100 dollars ($41,022.14) 3. The Work will be completed within 45 calendar days after the date when the Contract Time commences to run as provided in 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 One Hundred Dollars ($100.00) for each day that expires after the time specified in Paragraph 3 for Substantial Completion. 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 ' FY012142 Drake Field Trench Drain 00500 - 1 43.155-01 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. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, ' furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional ' security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. 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: - CONTRACTOR WITNESSES: By (tea ham, A vfla., .. r.. CEO Title r] ATTEST. ' erk I I I I CITY OF FAYETTEVILLE, ARKANSAS OWNER By Mayor ' FY012142 Drake Field Trench Drain 00500-2 I I II I I I I I FJ I I CI I C C C RESOLUTION NO. 155-01 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO JOHN P. MARINONI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF FORTY ONE THOUSAND TWENTY-TWO DOLLARS AND FOURTEEN CENTS ($41,022.14) TO CONSTRUCT TRENCH DRAINS IN THE T -HANGAR RAMP AT DRAKE FIELD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards a construction contract to John P. Marinoni Construction Company, Inc. in the amount of Forty One Thousand Twenty -Two Dollars and Fourteen Cents ($41,022.14) to construct trench drains in the T -Hangar ramp at Drake Field. Section 2. That the City Council hereby authorizes the Mayor to sign such a contract with John P. Marinoni Construction Company, Inc. PASSED and APPROVED this 20th day of November, 2001. r' ' 7 I 6 # THER WOODRUFF, ity Clerk APPROVED: By: DAN COODY, May I I I I I I I I I Bond Number 5888386 Dbcunient00600-1 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. 1142 N. Futrall Dr. Fayetteville, AR 72701 OWNER (Name and Address): City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: November'; 2001 Amount: $ 41,022.14 Description: Drake Field Trench Drain BOND Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251-5001 Date: Amount: Forty One Thousand Twenty Two and 14/100 Dollars ($41,022.14) Modifications to this Bond Form: n/a CONTRACTOR AS PRINCIPAL Company (Corp. Seal) John P. Marinoni Construction Co.. Inc. Signature: (4 /"- -_ ve Name and Title: (to SURETY Company (Corp Seal) West i Insurance Company Signatur . e and Title: Scott R. Clark Attorney -in -Fact CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company ' Signature: Name and Title: 'I I 11 Signature: 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 IFY012142 Drake Field Trench Drain Section 00600-1 -1 I I I U I Li I L I L L 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. Ifthe 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 declared 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, arrange 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 for completion, or 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. S. 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 competent jurisdiction 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 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. 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 as required by the Construction Contract or to perform and complete or comply with the other terms thereof. IFY012142 Drake Field Trench Drain Section 00600-1 -2 General , POWER NO. 0320052 03 Power ' of Attorney Wesifield 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 If 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 Attorney(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 }�O�ttg, U.rpF�'i 4 r" aJY.i7..1.a �Pb 3 'State of Ohio ';rr"•. .x. ri t`+J 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 ,,,.,w.n..yy Seal R ...... .11—I---,-, Seal Affixed _ a:`p1ltllj =v 'State of Ohio 'N mo o+ County of Medina as.: 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 seat of said Company at Westfield Center, Ohio, this day of A.D., f o` suLtAp�.4,�a �Cf/J t. S "� '• Richard A. Wallet Assistant Secretary i BPOAW2 (03-99) ACORD_ CERTIFICATE OF LIABILITY INSURANC OPID D DATE(MMIDDNY) N 1 11/07/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rows -Hiller -Clark 6 Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5500 Euper Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 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 CONTRACTOR 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. LTR TYPE OFINSURANCE I POLICY NUMBER I DATE MM/DO/YY DATE MM/DDIYY LIMITS — GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000 ,000 A X COMMERCIAL GENERAL LIABILITY CPP0738668 11/01/01 11/01/02 FIREDAMAGE(Anyonefire) $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 , 00 0 PERSONALBADV INJURY $ 1,000,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY I7& LOG AUTOMOBILE LIABILITY A X ANY AUTO CPP0738668 11/01/01 11/01/02 COMBINED SINGLE LIMIT $ 1 DDD (Eaaccident) , , 0 0 0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $4,000,000 A OCCUR I_ICLAIMSMADE CCC4491834 11/01/01 11/01/02 AGGREGATE s4,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ • WORKERS COMPENSATION AND I TORY LIMITS I I ER B EMPLOYERS' LIABILITY 6748093 11/01/01 11/01/02 ELEACHACCIDENT $500000 E.L. DISEASE -EA EMPLOYE $500000 E.L. DISEASE-POUCYLIMIT $500000 OTHER • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL 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. CERTIFICATE HOLDER I 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 _,3.0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERAftD TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville 113 West Mountain Street REPRESENTATIVES. TIVES. IONg�i I(Ityqu N yF,ly5yREq„(l,Sq�Er7s,DQ Fayetteville AR 72701 REPRESENTATIVES. A IV ttt tSll 61 /iJOIJI. X11 Kb AUTHORIZED REPRESENTATIV Scott R. Cla - ACORD 25S (7197) CACORD CORPORATION 1988 Bond Number 5888386 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, OH 44251-5001 OWNER (Name and Address): City of Fayetteville 0 113 W. Mountain St. t� Fayetteville, AR 72701 a z ci) C I" 1 C CONSTRUCTION CONTRACT n z w c! Date: NovemberV, , 2001 c o 0 Amount: $ 41,022.14 3 ' Description: Drake Field Trench Drain -o — rn BOND o Date: _ o ' Amount: Forty One Thousand Twenty 'Ito and 14/100 Dollars ($41,022.14) Q' Modifications to this Bond Form: n/a ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Comp (Corp Seal) John P. Marinoni Construction Co., Inc. WestfIn�nce Company Signature:L / i d�c✓a.c.- Signature: '• Name and Title: N me and Title: Scott R. Clark Attorney -in -Fact ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) E Name and Title: Signature: Name and Title: 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 FY012142 Drake Field Trench Drain Section 00600-2 -1 I I I I I C I I I I H H I I I I 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 Constmction 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. 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 within the 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 the Owner to the Contractor under the Construction 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 Bond, they 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. 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 suit or 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 Contractoror with asubcontractorofthe Contractorto 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. ' FY012142 Drake Field Trench Drain Section 00600-2 -2 4. I General POWER NO. 0320052 03 I 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, recognizance.% undertakings, or other instruments or contracts of 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 Attorney(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.) 'Be It Resolved, that the power and authority to appoint Attomey(sj-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: '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 . Power of Attorney CERTIFIED COPY Westfield Insurance Co Westfield Center, Ohio Know All Men by These Presents, That WESTFIEI n 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 Corporate WESTFIELD INSURANCE COMPANY •' Seal ��g,�(• _ Mbad Richard L Kinnaird, Jr. Vice President i SiJ.i L )b State of Ohio f'i'r --.,ti Zt...,a s By County of Medina ss.: '�y� ..+' 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. ' Notadal - a••••'�a""+y,, Seal ..••'Rt AL S'q. Affixed '��?/`F. vM.I�C. 'State of Ohio County 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 e 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 seat of said Company at Westfield Center, Ohio, this day of A.D., .Y "w••w"q�,/// /,/y//� 1/x//1 g t4: 'ai `ry�r (yyyi aT ¢1^i YJiiA'L V?i ''r�'•.� Y e$s Richard A. Wallet Assistant Secretary BPOAW2 (03-991 NOTICE TO PROCEED TO: PROJECT: Drake Field Trench Drain Fayetteville, Arkansas DATE: You are hereby notified to commence Phase I of the WORK in accordance with the Contract dated , 2001, on or before , and you are to Substantially Complete the WORK within 45 consecutive calendar days thereafter and have the Work complete and ready for final payment within 15 calendar days thereafter. The date for Substantial Completion is therefore and the date for final completion is therefore CITY OF FAYETTEVILLE , ARKANSAS Owner Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of __________________,2001. By _ Title FY012142 Drake Field Trench Drain Notice To Proceed I I I I C I I I I I I I I I I I I PART III CONDITIONS OF THE CONTRACT I I I 1 1 1 1 i 1 1 1 1 DOCUMENT 00700 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................................................................... 1 5. CONTRACT DOCUMENTS...................................................... 2 6. CONTRACTOR................................................................. 2 7. DAYS......................................................................... 2 8. DRAWINGS................................................................... 2 9. ENGINEER.................................................................... 2 10. NOTICE....................................................................... 2 11. OR EQUAL.................................................................... 3 12. OWNER....................................................................... 3 13. PLANS (See Drawings)........................................................... 3 14. SPECIFICATIONS.............................................................. 3 15. NOTICE TO PROCEED.......................................................... 3 16. SUBSTANTIAL COMPLETION ................................................... 4 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 TITLE PAGE 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 ..................................... 10 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS .......................... 11 34. INDEPENDENT CONTRACTOR ................................................. 11 35. SUBCONTRACTING........................................................... 11 36. INSURANCE AND LIABILITY .................................................. 12 37. INDEMNITY.................................................................. 16 38. TAXES AND CHARGES........................................................ 16 39. ORDINANCES, PERMITS, AND LICENSES ........................................ 16 40. SUPERINTENDENCE.......................................................... 17 41. RECEPTION OF ENGINEER'S DIRECTIONS ....................................... 17 42. SANITATION................................................................. 17 43. EMPLOYEES................................................................. 17 44. PROJECT MEETINGS.......................................................... 17 45. SAFETY...................................................................... 18 46. CONTRACTOR'S TOOLS AND EQUIPMENT ...................................... 18 47. PROTECTION OF WORK AND PROPERTY ....................................... 19 48. RESPONSIBILITY OF CONTRACTOR TO ACT INEMERGENCY ..................... 19 49. MATERIALS AND APPLIANCES ................................................ 19 50. CONTRACTORSAND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS ............................................ 20 51. SUBSTITUTION OF MATERIALS ................................................ 20 I ARTICLE NUMBER AND TITLE PAGE NUMBER 52. TESTS, SAMPLES, AND INSPECTIONS ........................................... 20 53. ROYALTIES AND PATENTS .................................................... 21 54. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT .............. 21 55. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD..........21 56. BEGINNING OF THE WORK .................................................... 22 57. SCHEDULES AND PROGRESS REPORTS ......................................... 22 58. PROSECUTION OF THE WORK ................................................. 23 59. ASSIGNMENT................................................................ 23 60. OWNER'S RIGHT TO DO WORK ................................................. 23 61. OWNER'S RIGHT TO TRANSFER EMPLOYMENT ................................. 24 62. OWNER'S RIGHT TO SUSPEND OR TERMINATE WORK ........................... 24 63. DELAYS AND EXTENSION OF TIME ............................................ 26 64. LIQUIDATED DAMAGES ...................................................... 27 65. OTHER CONTRACTS.......................................................... 27 66. USE OF PREMISES............................................................ 28 67. SUBSTANTIAL COMPLETION DATE ............................................ 28 68. PERFORMANCE TESTING ..................................................... 28 69. OWNER'S USE OF PORTIONS OF THE WORK ..................................... 29 70. CUTTING AND PATCHING ..................................................... 29 71. CLEANING UP................................................................ 29 72. PAYMENT FOR CHANGE ORDERS .............................................. 29 73. PARTIAL PAYMENTS......................................................... 32 74. CLAIMS...................................................................... 34 75. NOTICE OF CLAIM FOR DELAY ................................................ 34 76. RELEASE OF LIENS OR CLAIMS ................................................ 35 77. FINAL PAYMENT............................................................. 35 78. NO WAIVER OF RIGHTS ....................................................... 35 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE ..................... 36 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 "on the Drawings". 3. BIDDER The person or persons, partnership, firm, or corporation submitting a Bid for the Work contemplated. 4. CONTRACT i J 1 I r 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. FY012142 Drake Field Trench Drain 00700- 1 5. CONTRACT DOCUMENTS ' The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions 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 7 The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by the Owner. DAYS I 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 i 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. I I H FY012142 Drake Field Trench Drain 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. H II I I IJ I I 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 to perform his obligation under the Contract. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. FY012142 Drake Field Trench Drain 00700-3 I 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. 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 by all. 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 I I I I I C C I HI H C I C FY012142 Drake Field Trench Drain 00700-4 LJ C 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. 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. I FY012142 Drake Field Trench Drain 00700-5 I 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 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. 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 All Drawings, Plans, Specifications, and copies thereof furnished by the Engineer and the 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 FY012142 Drake Field Trench Drain 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 Ito 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. 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. I I FY012142 Drake Field Trench Drain 00700-7 I 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. 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 part or 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 final payment therefore as may 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. FY012142 Drake Field Trench Drain 00700-8 ' I 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 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 furnish at his own expense t such materials and assistance as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. I I FY012142 Drake Field Trench Drain 00700-9 I 32 I 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. 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 or corrections 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 correct 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 a letter accompanying the resubmitted shop drawings. I I FY012142 Drake Field Trench Drain 00700-10 1 I 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 deviations from 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. THE CONTRACTOR AND HIS EMPLOYEES ' 34. INDEPENDENT CONTRACTOR ' The Contractor shall perform all Work under this Contract as an Independent Contractor and 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 of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. I FY012142 Drake Field Trench Drain 00700- 11 I 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 insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all insurance policies and certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days written notice has been received by the Owner." In case of the breach of any provision of this Article, the Owner, at his option, , may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any , monies which may be due or become due the Contractor under this Contract. All 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 bonds will not be sufficient. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. All insurance contracts and certificates shall be either executed by or countersigned 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. FY012142 Drake Field Trench Drain 00700 - 12 , I I [1 I I 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 Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act 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 general liability, completed operations and products liability, and automobile liability ' insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. ' Coverage for property damage shall be on a "broad form" basis with no exclusions for "XC & U." Amount of insurance to be provided shall be as shown below: ' 1) Contractor's Comprehensive General Liability Insurance 71 J [I For not less than the following limits of liability: Bodily Injury: $500,000 each occurrence, $500,000 aggregate Property Damage: $250,000 each occurrence, $250,000 aggregate Include the following coverage: oWaiver of all "XC & U" exclusions. oBroad Form Property Damage and Personal Injury Liability. olndependent Contractor's Coverage. FY012142 Drake Field Trench Drain 00700-13 I 2) Contractor's Comprehensive Automobile Liability Insurance For not less than the following limits of liability: ' Bodily Injury: $ 500,000 each person, $1,000,000 each occurrence Property Damage:$ 100,000 each occurrence OR Bodily Injury and Property Damage: $1,000,000 combined single limit each occurrence. Include Hired car and Non -Ownership Coverage. 3) Contractor's Excess Umbrella Policy: $1,000,000 limit of liability policy shall be provided. ' ENGINEER SHALL BE INCLUDED AS ADDITIONAL INSURED: Insurance ' certificates furnished by the Contractor and/or Subcontractor(s) shall include the Engineer as an "Additional Insured" for all Liability and Property Damage policies. 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 insured for any claims arising out of Work performed under this Contract. E. BUILDER'S RISK ALL-RISK INSURANCE Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain during the life of this Contract, Builder's Risk All -Risk Insurance coverage in an amount equal to the full replacement value of structures, equipment, electrical, and mechanical systems only. Such insurance shall not exclude coverage for earthquake, landslide, flood, collapse, blasting, or loss due to the results of faulty workmanship, and shall provide for losses to be paid to the Contractor, Subcontractor, and the Owner as their interests may appear. I FY012142 Drake Field Trench Drain 00700- 14 ' J I I I I I I I C1 I [1 F. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE (OPC INSURANCE) The Contractor shall, at his expense, provide the Owner with an Owner's and Contractor's Protective Liability Insurance Policy naming the Owner as the named insured and the Engineer, its architects and engineers, and each of their officers, agents, and employees as additional insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. Limits of policy coverage shall be: Bodily Injury: $500,000 each person, $1,000,000 aggregate Property Damage: $250,000 each person, $250,000 aggregate OR $1,000,000 combined -single limit each occurrence/aggregate. 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 I I I I 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. ' FY012142 Drake Field Trench Drain 00700- 15 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. 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. 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 ' FY012142 Drake Field Trench Drain 00700- 16 ' I 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. 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 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 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. 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. 1 FY012142 Drake Field Trench Drain 00700- 17 I 45 SAFETY I 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. 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. 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. FY012142 Drake Field Trench Drain 00700- 18 1 I 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 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 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. FY012142 Drake Field Trench Drain 00700 - 19 I 50. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS 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. ' FY012142 Drake Field Trench Drain 00700 - 20 ' [-J 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 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 Ii 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 law or by the terms of any applicable special guarantee required by the Contract Documents. ' 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. I I FY012142 Drake Field Trench Drain [OYIWIP4l LI I PROGRESS OF THE WORK 56. 57 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. 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: 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. I I I I I I [_] H d. Beginning and completion dates for each phase of Work. I 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. FY012142 Drake Field Trench Drain 00700 -22 ' 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 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 may be ' 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 based upon 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 the Contract or sublet it as a whole, without tthe 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 I 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 Li IFY012142 Drake Field Trench Drain 00700-23 I 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 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 I 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 I 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. FY012142 Drake Field Trench Drain 00700 -24 , ' 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. 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 approved by 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. I. 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. ' FY012142 Drake Field Trench Drain 00700-25 I 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 economic loss arising out of or resulting from such termination. 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 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. ' FY012142 Drake Field Trench Drain 00700 - 26 , I I I I [I LI L1 [I I I I I C C 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. 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 Owner reserves 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. IFY012142 Drake Field Trench Drain 00700 -27 I I 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. 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. C C I I I I [] I I I I I H I L] FY012142 Drake Field Trench Drain 00700 -28 , 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 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. 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. C FY012142 Drake Field Trench Drain 00700-29 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. C. 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. 1 FY012142 Drake Field Trench Drain 00700 - 30 H [I C I H I I I I I I I H 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 Hi FY012142 Drake Field Trench Drain 00700 -31 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 FY012142 Drake Field Trench Drain 00700-32 Li incorporated into the Work. When the Work 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 1 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. I I I I I I I Materials, as used herein, 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. ' FY012142 Drake Field Trench Drain 00700 - 33 I 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 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 I 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. FY012142 Drake Field Trench Drain 00700-34 ' I 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. I I I L I I I I I 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. If:1!►[.11 wi\ri .Zuja jCeiC-IV 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. ' FY012142 Drake Field Trench Drain 00700-35 I 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE I 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. END OF GENERAL CONDITIONS I I I I I I I I I Li I FY012142 Drake Field Trench Drain 00700 - 36 I I Li I I I I H PART IV C SPECIFICATIONS I I I H I H H I GENERAL DOCUMENT 00800 SUPPLEMENTARY CONDITIONS ' The Contractor's attention is directed to Division 1, GENERAL REQUIREMENTS, which contains other directions pertinent to the project. I P I I I I r I I I I REVISIONS AND ADDITIONS TO THE GENERAL CONDITIONS The GENERAL CONDITIONS are hereby revised as follows: ARTICLE 12 "OWNER" Add the following: For the purposes of this Contract the term Owner may also apply to McClelland Consulting Engineers, Inc. ARTICLE 36. "INSURANCE AND LIABILITY", SUBARTICLE "BUILDERS RISK ALL RISK INSURANCE" Delete the following coverages from the General Conditions: Loss caused by earthquake and Builder's Risk All -Risk. ARTICLE 52. "TESTS, SAMPLES, AND INSPECTIONS" Add the following: COMPACTION TESTS All tests will be performed by a materials testing agency approved by the Owner. The Contractor will pay for all tests. The Contractor shall bear the cost for all tests required to be repeated. All materials and tests shall conform to the requirements of these Specifications and as required by the Owner. The Owner, or his representative, will pick the locations of tests to be performed. END OF SUPPLEMENTARY CONDITIONS ' FY012142 Drake Field Trench Drain 00800- 1 I I I IPART1 GENERAL r Li I J I Li I I I I SECTION 01000 ABBREVIATIONS A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning shall be interpreted as follows: AA AAMA AASHTO ACI AFBMA AGA AGMA AISC AISI AITC AMCA ANSI APA API AREA ASAE ASCE ASHRAE ASME ASTM AWI AWS AWPA AWPB AWWA Aluminum Association Architectural Aluminum Manufacturers' Association American Association of State Highway and Transportation Officials American Concrete Institute Anti -Friction Bearing Manufacturers' Association American Gas Association American Gear Manufacturers' Association American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction Air Moving and Conditioning Association American National Standards Institute American Plywood Association American Petroleum Institute American Railway Engineering Association American Society of Agricultural Engineers American Society of Civil Engineers American Society of Heating, Refrigerating and Air -Conditioning Engineers, Inc. American Society of Mechanical Engineers American Society for Testing and Materials Architectural Woodwork Institute American Welding Society American Wood Preservers' Association American Wood Preservers Bureau American Water Works Association Builders Hardware Manufacturers' Association CBMA Certified Ballast Manufacturers' Association CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers' Association of America CRSI Concrete Reinforcing Steel Institute EPA Environmental Protection Agency Fed. Spec. Federal Specifications HI Hydraulic Institute HMI Hoist Manufacturers' Institute ICBO International Conference of Building Officials FY012142 Drake Field Trench Drain Section 01000- 1 I IEEE Institute of Electrical and Electronics Engineers, Inc. ICEA Insulated Cable Engineers' Association ISA Instrument Society of America JIC Joint Industry Conferences of Hydraulic Manufacturers MMA Monorail Manufacturers' Association NBHA National Builders' Hardware Association NEC National Electrical Code NEMA National Electrical Manufacturers' Association NESC National Electric Safety Code NFPA National Fire Protection Association NLMA National Lumber Manufacturers' Association NWMA National Woodwork Manufacturers' Association OECI Overhead Electrical Crane Institute OSHA Occupational Safety and Health Act (both Federal and State) PS Product Standards Section - U.S. Department of Commerce RL.M RLM Standards Institute, Inc. RMA Rubber Manufacturers' Association SAE Society of Automotive Engineers SDI Steel Door Institute SSPC Steel Structures Painting Council TEMA Tubular Exchanger Manufacturers' Association 1 TCA Tile Council of America UBC Uniform Building Code , UL Underwriters' Laboratories, Inc. WWPA Western Wood Products Association B. Unless a particular issue is designated, all references to the above specifications, standards, or methods shall, in each instance, be understood to refer to the issue in effect (including all amendments) on the first published date of the Advertisement for Bids. [1 END OF SECTION I I] FY012142 Drake Field Trench Drain Section 01000 - 2 , SECTION 01009 SUMMARY OF WORK PARTI GENERAL ' 1.01 REQUIREMENTS INCLUDED A. 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 the 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 ' 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, 1 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 consists of providing Trench Drain construction around Drake Field Hangar's E, F and G including concrete outlet headwall, ditch grading and construction jointing with sealant. More specifically, the project will require the following: 1. Mobilization/Demobilization 2. Sawcut and Removal ' 3. Earthwork; grade ditch from trench drain outlet to existing grass swale. ' 4. Furnish and construct Trench Drain System with PVC Pipe, Pervious Concrete, Concrete Patch work and Concrete Outlet Headwall. 5. Bermuda Sod at Outlet Headwalls. FY012142 Drake Field Trench Drain Section 01009- 1 I 6. The Contractor, working closely with the Engineer's Representative and ' using the plans as a guide, shall layout and construct the Trench Drain System at each Hangar specified for this project. The Contractor shall bear all costs for providing concrete testing in the presence of the Engineer ' 7. Seeding, Strawing and Fertilizing disturbed areas for successful growth. PART 2 PRODUCTS 2.01 MATERIALS A. Products shall be as specified or Engineer approved equal. ' PART 3 CONTRACTOR RESPONSIBILITIES ' 3.01 GENERAL CONSTRUCTION WORK A. Trench Drains constructed shall not have a maximum surface cross slope from sawcut to grate opening more than 2%. The slope toward the midpoint of the pervious concrete paving shall absolutely provide for positive drainage to the trench drain. B. Shaping of side ditches and construction of drainage facilities are part of this work. The contractor must leave the existing drainage facilities in as good, or better, condition as he finds them. , C. The Contractor shall execute all work, including the work described, as well as final clean-up. ' D. The Contractor shall coordinate his work with the Engineer and the City of ' Fayetteville. 3.02 DRAWINGS A. Drawings are bound separately. I END OF SECTION I FY012142 Drake Field Trench Drain Section 01009-2 , I SECTION 01011 SITE CONDITIONS PART GENERAL ' 1.01 SITE INVESTIGATION AND REPRESENTATION A. The Contractor acknowledges by submission of his Bid that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and ' storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract. B. The Contractor further acknowledges by submission of his Bid that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. C. Prospective Bidders are invited, at their own expense, to make subsurface ' investigations, by boring or test hole excavation, as may be desirable, provided, however, that such work be scheduled by appointment with the Engineer. Bidders are not authorized to enter private property during these investigations. ID. In the event subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ' ordinarily encountered in the project area and generally recognized as inhering in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Owner in writing of such changed conditions. E. The Owner will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed ' by the Owner. If the Owner finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for performing the work, the Owner will recommend the amount of adjustment in cost and time he ' considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. I1.02 EXISTING UTILITIES A. Utilities into the vicinity of the project include water line along the East side of the road and overhead power lines. Since specific utility locations are not shown on the Drawings for all utilities, the Contractor shall carefully coordinate the location of utilities. No compensation will be paid to the Contractor, due to costs associated with damages to utilities. ' FYO12142 Drake Field Trench Drain Section 01011 - 1 I 1.03 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND , SERVICE A. Notify all utility offices that are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. , B. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. C. Neither the Owner nor its officers or agents shall be responsible to the Contractor for ' damages as a result of the Contractor's failure to protect utilities encountered in the work. D. In the event of interruption to utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed outside working hours unless granted by the owner of the utility. E. The Contractor shall replace, at his own expense, any and all existing utilities or ' structures damaged during construction. 1.04 NAMES OF KNOWN UTILITIES SERVING THE AREA ' Not Used 1.05 FIELD RELOCATION Not Used , 1.06 PAYMENT ' A. No payment will be made for minor utility service relocation or repair. PART 2 PRODUCTS Not Used. , PART 3 EXECUTION , Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01011 -2 ' I I I I H SECTION 01014 PROTECTION OF THE ENVIRONMENT PART1 GENERAL 1.01 WORK AREAS A. The Contractor shall maintain all work areas within and outside the project boundaries free from environmental pollution which would be in violation to any federal, state, or local regulations. 1.02 STORM WATER AND EROSION CONTROL A. The Contractor shall comply in all ways with the Arkansas Department of Pollution Control and Ecology (ADPC&E) Requirements for area disturbed. The Contractor shall develop an Erosion Control Plan , submit this plan to the Engineer for his approval, and shall obtain all permits required. 1.03 PROTECTION OF AIR QUALITY A. Trash burning will not be permitted on the construction site. B. If temporary heating devices are necessary for protection of the work, such devices shall be of an approved type that will not cause pollution of the air. 1.04 CONSTRUCTION NOISE CONTROL A. The Contractor shall conduct all his work, use appropriate construction methods and equipment, all as necessary so that noise emanating from the process or any related tool or equipment will not be disturbing to adjacent residents. 1.05 NIGHTTIME WORK A. If the Contractor desires to perform any work between the hours of 7 P.M. and 7 A.M., he shall obtain approval of the Engineer and all necessary permits from the appropriate agencies and make all necessary arrangements prior to commencing. 1.06 PAYMENT A. No separate payment will be made for work in this section. PART 2 PRODUCTS Not Used. Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01014-1 I SECTION 01016 SAFETY REQUIREMENTS AND PROTECTION OF PROPERTY ' PART1 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITY FOR SAFETY ' A. The Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. 1.02 FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS A. Safety provisions shall conform to the Federal and State Department of Labor Occupational Safety Health Act (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements 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 therein. 1.03 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS ' A. The Contractor shall at all times provide proper facilities for safe access to the work by authorized officials. ' 1.04 SAFETY EQUIPMENT A. The Contractor, as part of his safety program, shall maintain at his office or other well-known place at the jobsite, safety equipment applicable to the work as prescribed by the governing safety 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 any person who may be injured on the jobsite. B. The performance of all work and all completed construction, particularly with respect Ito ladders, platforms, structure openings, scaffolding, shoring, lagging, machinery guards and the like, shall be in accordance with the applicable governing safety authorities. ' 1.05 ACCIDENT REPORTS IA. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer. 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. IFY012142 Drake Field Trench Drain Section 01016 - 1 I I B. 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. 1.06 TRAFFIC SAFETY AND ACCESS TO PROPERTY A. The Contractor shall develop a Traffic Control/Detour Plan for this construction and furnish it to the Owner for his approval. B. Comply with all rules and regulations of the city, state, and county authorities regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by express permission of the Owner. Conduct the work so as to assure the least possible obstruction to traffic and normal commercial pursuits. The convenience of the general public and residents adjacent to the project, and the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. C. When flagmen and guards are required by regulation or when deemed necessary for safety, they shall be furnished with approved orange wearing apparel and other regulation traffic control devices. 1.07 TRAFFIC CONTROL ' A. Traffic control procedures and devices used on all local, county, and state rights -of -way shall meet the requirements of the applicable current laws and regulations for traffic control. 1.08 ACCESS FOR POLICE , A. The Contractor shall leave his night emergency telephone number or numbers with the Owner, Police Department and Sheriffs offices, so that contact may be made easily at all times. 1.09 FIRE PREVENTION AND PROTECTION A. The Contractor shall perform all work in a fire -safe manner and shall supply and maintain on the site adequate fire -fighting equipment capable of extinguishing ' incipient fires. The Contractor shall comply with applicable federal, local, and state fire -prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations, (NFPA No. 241) shall be followed. ' 1.10 CONTRACTOR TO SAFEGUARD EXISTING UTILITIES A. The Contractor shall perform all work, including excavation, dewatering, and , demolition operations, in such a manner as to avoid damage to existing fire hydrants, power poles, lighting standards, and all other existing utilities, public or private. See ITE Section 01011, SCONDITIONS. FY012142 Drake Field Trench Drain Section 01016-2 , I ' 1.11 PROTECTION OF PUBLIC PROPERTY I I L [1 I I I I I A. The Contractor shall employ such means and methods as necessary to adequately protect public property and property of the Owner against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Owner and the owner of said property. B. The Contractor shall exercise due care to avoid damage to existing pipe and coatings, wrappings, conduit, or other existing utilities. Should the Contractor damage or displace any of the above, the Contractor shall repair same to the satisfaction of the Owner and all expenses in connection therewith shall be borne solely by the Contractor. 1.12 TRENCH OR EXCAVATION SAFETY SYSTEMS A. The current edition of the Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trench Safety Systems, 29 CFR 1926, subpart P, is hereby incorporated into these Specifications by reference and shall be deemed to be included in the Contract the same as though herein written out in full. A copy of the OSHA documents is available at the office of McClelland Consulting Engineers, Inc. for references. B. The work included in the Bid Proposal for "Excavation and Trench Safety Systems" shall include the lump sum amount for providing the safety systems required to comply with the OSHA Safety Standard set forth above, The Contractor shall comply with the provisions of said document for all excavations which equal or exceed 4 feet in depth. 1.13 PAYMENT IA.. No other separate payment will be made for the work in this section. IPART 2 PRODUCTS I I I I I Not Used. PART 3 EXECUTION Not Used. END OF SECTION IFY012142 Drake Field Trench Drain Section 01016-3 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. 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. 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. FY012142 Drake Field Trench Drain 01025- 1 I 1.4 BID ITEMS A. Item No. 1 — Pervious Concrete Surface Course. ' 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. B. Item No. 2 — Concrete Patch. 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. Item No. 3 — 8 -inch PVC Pipe. 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. D. Item No. 4 — Concrete Headwall Structure. 1. Unit of measure: Each. ' 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 Ditch Grading. 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. ' F. Item No. 6 — Seed / Straw / Fertilizer. 1. Unit of measure: Acre. 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 —Bermuda Sod. , 1. Unit of measure: S.Y. 2. This item shall compensate the Contractor for furnishing all labor, materials, , equioment and performing all work necessary to complete the work as detailed on the drawings and in the specifications. FY012142 Drake Field Trench Drain 01025-2 PART 2. PRODUCTS INot Used. ' PART 3. EXECUTION ' Not Used. END OF SECTION I. 1 ' FY012142 Drake Field Trench Drain 01025-3 I SECTION 01027 APPLICATIONS FOR PAYMENT ' PARTI GENERAL 1.01 REQUIREMENTS INCLUDED ' A. Procedures for preparation and submittal of Applications for Payment. ' 1.02 RELATED REQUIREMENTS A. Document 00500 - Owner -Contractor Agreement: Contract Sum , Amounts of ' Progress Payments, and Retainages, and times for submittals. B. Section 01300 - Submittals: Submittal procedures; Schedule of Values. ' C. Section 01700 - Contract Closeout: Final Payment. 1.03 FORMAT A. The Contractor shall furnish, within 5 days after agreed on cutoff date, a pay estimate for the current pay period. For the work, provide the following listing: Bid Item No. Ii; Description of Work; Bid Quantity, Unit Price, Work Completed This Estimate, Value of Work, Work Completed to Date, Value of Work Retainage, Stored Materials, Approved Change Orders, Less Previous Payments, and Amount Due This ' Estimate. 1.04 PREPARATION OF APPLICATION A. Type required information or use media -driven printout. ' B. Execute certification by signature of authorized officer. C. Provide dollar value in each column for each line item for portion of Work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of work. ' E. Prepare Application for Final Payment as specified in Section 01700. 1.05 SUBMITTAL PROCEDURES A. Submit three (3) copies of each Application for Payment at times stipulated in ' Agreement. B. Submit under transmittal letter specified in Section 01300. J IFY012142 Drake Field Trench Drain Section 01027 - 1 1.06 SUBSTANTIATING DATA A. Provide an invoice from the Material Supplier for every item of stored material for which payment is requested. B. When Engineer requires substantiating information, submit data justifying line item amounts in question. C. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01027-2 J SECTION 01028 CHANGE ORDER PROCEDURES ' PART1 GENERAL 1.01 REQUIREMENTS INCLUDED IA. Procedures for processing Change Orders. I 1.02 RELATED REQUIREMENTS A. Section 01700 - Contract Closeout: Project record documents. 1.03 SUBMITTALS A. Submit name of the individual authorized to accept changes, and to be responsible 'for informing others in Contractor's employ of changes in the Work. I I B. Change Order Form: As approved by the Engineer. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME A. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. IB. Provide data to support computations: I I 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. C. Support each claim for additional costs, and for work done, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. ' 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. ' 1.05 PRELIMINARY PROCEDURES IA. Engineer may submit a Proposal Request which includes: Detailed description of change with supplementary or revised Drawings and Specifications, the projected time for executing the change and the period of time during which the requested price will be considered valid. 1 FY012142 Drake Field Trench Drain Section 01028- 1 I 1.06 1.07 1.08 1.09 B. Contractor may initiate a change by submittal of a request to Engineer describing the proposed change with a statement of the reason for the change, and the effect on Contract Sum and Contract Time with full documentation. CONSTRUCTION CHANGE AUTHORIZATION - WORK DIRECTIVE CHANGE A. Engineer may issue a directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. Directive will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Promptly execute the change in Work. TIME AND MATERIAL - FORCE ACCOUNT CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits in Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum and Contract Time as provided in Conditions of the Contract. EXECUTION OF CHANGE ORDERS A. Engineer will issue Change Orders for signatures of parties as provided in Conditions of the Contract. CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum as shown on Change Order. B. Promptly enter changes in Project Record Documents. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION I C] I I I H I H I I I I I I FY012142 Drake Field Trench Drain Section 01028 - 2 1 SECTION 01210 PRECONSTRUCTION CONFERENCES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor participation in preconstruction conferences. 1.02 RELATED REQUIREMENTS A. Section 01009 - Summary of Work: Administrative provisions. 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule conference within 15 days after notice of award. B. Attendance: Owner, Engineer and Contractor. C. Agenda: 1. Submittal of executed bonds and insurance certificates. 2. Execution of Owner -Contractor Agreement. 3. Distribution of Contract Documents. 4. Submittal of list of subcontractors, list of products, schedule of values, and progress schedule. 5. Designation of responsible personnel. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, change orders, and Contract closeout procedures. 7. Scheduling. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01210 - 1 1 SECTION 01300 ' SUBMITTALS DURING CONSTRUCTION ' PARTI 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 or progress payments and make the Contractor liable for other prescribed action and sanctions. PART 2 TECHNICAL SUBMITTALS 1 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. James F. Koch, 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 ' FY012142 Drake Field Trench Drain Section 01300 - 1 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 re - submittals shall not constitute reason for an extension of Contract time. 2.02 2.03 2.04 SHOP DRAWING SUBMITTAL PROCEDURE A. See General and Supplemental Conditions. 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. 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: FY012142 Drake Field Trench Drain Section 01300 -2 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 equipment, and which are not customarily and routinely carried by maintenance mechanics.) i. List of special tools furnished with the equipment. j. List of materials and supplies required for the equipment prior to and during start-up. k. List of materials and supplies furnished with the equipment. 1. 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. FY012142 Drake Field Trench Drain 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) 2.08 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. 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. I I I C I I I I I I FY012142 Drake Field Trench Drain 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. ID. 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). FY012142 Drake Field Trench Drain Section 01300-5 2.10 Ia" PART 3 Payment for the work in this Section will be included as part of the lump sum bid amounts stated in the proposal. EXECUTION Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01300 -6 I I H SECTION 01311 SCHEDULE AND SEQUENCE OF OPERATIONS iPART1 GENERAL I I 1.01 CONSTRUCTION SCHEDULE GENERAL PROVISIONS ' 1.02 A. No work shall be done between 7:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or legal holidays without the written permission of the Engineer. However, emergency work during these hours may be done without prior permission. SEQUENCE OF CONSTRUCTION 1 ' PART 2 2.01 I I I I I I I I C The Contractor shall submit a diagram or chart indicating the construction sequencing and duration of each construction activity, allowing for Traffic Control/Detour. PROGRESS OF THE WORK GENERAL A. The work shall be started within 10 days of the Notice to Proceed from the Owner, and the work shall be executed with such progress as may be required to prevent any delay to other contractors or to the general completion of the project. B. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment to assure completion of the work in the time established by the Contract. 2.02 OVERTIME NOTICE A. See GENERAL CONDITIONS and SUPPLEMENTAL CONDITIONS. 2.03 PRECONSTRUCTION AND PROJECT COORDINATION MEETINGS A. A Preconstruction Conference and Project Coordination Meetings shall be held per the requirements of Section 01210 of these Specifications. 2.04 OVERALL SCHEDULE A. The Contractor will be required to prepare and submit to the Engineer within 15 days after the award of Contract, an Overall Schedule. The Overall Schedule shall be comprised of construction operations covering all work to be done in connection with the Contract. FY012142 Drake Field Trench Drain Section 01311 - 1 K! 2.05 C. A. The Overall Schedule covering work to be executed under the Contract shall be of sufficient detail and shall have a minimum of work activities. The final total number of activities shall be subject to the approval of the Engineer. A work activity is defined as an activity for which manpower is required and must be performed before the project is considered complete. The Overall Schedule shall indicate the sequence of work and the time of starting and completion of each part. It shall include, but not be limited to, the following items, as they pertain to the respective contractors: 1. Shop drawing receipt from Contractor, submitted to the Engineer, review, and return to Contractor. 2. Material order, delivery and installation. 3. Construction sequence. 4. Final cleaning. 5. Allowance for inclement weather. PAYMENT No separate payment shall be made for work under this Section PART 3 EXECUTION Not Used. END OF SECTION FY012142 Drake Field Trench Drain Section 01311 -2 I I 1 1 1 1 1 1 1 1 1 SECTION 01400 QUALITY CONTROL PARTI GENERAL 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. 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. 1.05 MANUFACTURERSINSTRUCTIONS A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. FY012142 Drake Field Trench Drain Section 01400- 1 I 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 A. Not Used. 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, and to make appropriate recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. TESTING LABORATORY SERVICES A. Contractor will employ a Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections. B. Contractor shall pay for laboratory testing. 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, design mix, equipment, storage and assistance as requested. F. Notify Engineer/Testing Laboratory 24 hours prior to expected time for operations requiring testing services. G. Make arrangements with Testing Laboratory and pay for samples and tests. PART 2 PART 3 PRODUCTS Not Used. EXECUTION I I J I 1 C I 1 1 I El 11 H Li FY012142 Drake Field Trench Drain Section 01400 - 2 , ' 3.01 INSPECTIONS A. All field tests required for a project shall be witnessed by the Engineer of record, and 1 the Contractor, or their authorized representatives. B. A 24 hour notice is required on all tests. Tests delayed by weather or other factors will be rescheduled on the same basis. If a representative of the City cannot be ' present, the City may authorize the Engineer of record to witness the test and certify to the City the results. IC. It is the responsibility of the Contractor to coordinate the scheduling of such tests with the City and the Engineer. D. Prior to final acceptance by the City, the project shall be subject to a joint final inspection by the City, the Engineer of Record, and the Contractor. The City Street Maintenance Manager and the Water and Sewer Maintenance Manager may also be ' a part of the final inspection. 3.02 QUALITY CONTROL TESTING A. Submission of test results shall be coordinated with the various stages of construction. Sampling and testing locations will be subject to approval of the City. Deficiencies in quality of materials and/or construction exceeding the tolerance limits will not be approved. B. Exceptions to the number of required tests for materials may be granted at the sole discretion of the City Engineer when current test data are available. 3.03 CONSTRUCTION INSPECTION CHECKLIST Not Used 3.04 ADDITIONAL TESTS AND TESTING FREQUENCY IA. Not Used. 3.05 PAYMENT A. No separate payment will be made for work under this section. END OF SECTION ' ' FY012142 Drake Field Trench Drain Section 01400-3 I 1 1 1 1 I 1 1 1 1 1 SECTION 01500 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART1 GENERAL 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. Not Used. 1.03 STORAGE YARDS A. Not used. 1.04 CONTRACTOR'S WORK AREA A. The Contractor shall limit his operations and storage of equipment materials to the areas authorized by individual property owners and approved by the Engineer and Owner. B. The Contractor shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. 1.05 TEMPORARY ACCESS ROADS AND PARKING A. Not used. 1.06 TEMPORARY WATER CONTROL A. Not used. r:: rtrt, 2.01 CODES AND SAFETY A. Not Used. 2.02 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. FY012142 Drake Field Trench Drain Section 01500-1 I 2.03 TEMPORARY WATER A. Not Used. ' 2.04 WATER FOR TESTING A. Not used. 2.05 PROTECTION OF THE FINISHED CONSTRUCTION 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 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. No separate payment will be made for work under this section. PART 3 EXECUTION Not Used. END OF SECTION 1 1 1 1 FY012142 Drake Field Trench Drain Section 01500 -2 , This Section outlines the procedure to be followed in closing out all contracts. The substantial completion date for the Contract shall be General Conditions. 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. 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. 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. 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. No contract will be finalized until all of the following have been submitted as required in Section 01300, SUBMITTALS DURING CONSTRUCTION. Final shop drawings Record drawings Interface information Manufacturers' Certificates of Proper Installation No contract will be finalized until all submittals required PROJECT RECORD DOCUMENTS, have been submitted. 1.05 A. 1.06 A. 1.07 A. PART 2 PART 3 GUARANTEES, BONDS, AND AFFIDAVITS 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. RELEASE OF LIENS OR CLAIMS 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 FY012142 Drake Field Trench Drain Section 01700 - 2 [H SECTION 01710 CLEANING IPARTI GENERAL 1.01 SUMMARY A. This Section covers the work necessary for cleaning during construction and final cleaning on completion of the Work. B. At all times maintain areas covered by the Contract and public properties free from ' accumulations of waste, debris, and rubbish caused by construction operations. C. Conduct cleaning and disposal operations to comply with local ordinances and anti- ' pollution laws. D. Do not bum or bury rubbish and waste materials on Project site without written 'permission from Owner, Engineer, and Owner of property. E. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm ' or sanitary drains. IF. Do not dispose of wastes into streams or waterways. G. Use only cleaning materials recommended by manufacturer of surface to be cleaned. ' H. Use cleaning materials only on surfaces recommended by cleaning material manufacturers. 1.02 RELATED SECTIONS ' A. Section 01500 - Construction Facilities and Temporary Controls B. Section 01700 - Contract Closeout. 1.03 CLEANING DURING CONSTRUCTION A. During execution of work, clean site and public properties and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, and public properties ' are maintained free from accumulations of waste materials and rubbish. B. Wet down dry materials and rubbish to lay dust and prevent blowing dust. C. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. FY012142 Drake Field Trench Drain Section 01710 - 1 H! D. Remove grease, dust, dirt, stains, labels, and other foreign materials from exposed and semi -exposed surfaces. E. Repair, patch, and touchup marred surfaces to specified finish to match adjacent surfaces. I F. Broom clean paved surfaces, rake clean other surfaces or grounds. G. Handle materials in a controlled manner with as few handlings as possible; do not I drop or throw materials from heights. 1.04 FINAL CLEANING A. At the completion of Work and immediately prior to final inspection, cleaning of entire Project will be accomplished according to the following provisions: 1. Thoroughly clean work site. 2. Leave structures and site in a complete and finished condition to the satisfaction of Engineer. 3. Should Contractor not remove rubbish or debris or not clean site as specified, Owner reserves the right to have cleaning done at the expense of Contractor. 1.05 PAYMENT I No separate payment will be made for work under this section. PART 2 PRODUCTS Not Used. I PART 3 EXECUTION Not Used. END OF SECTION I I I J FY012142 Drake Field Trench Drain Section 01710-2 I I I SECTION 01720 • : �il��Tllli�LK� •i� � �ZK��7►11C.� ' PART1 GENERAL 1.01 REQUIREMENTS INCLUDED IA. Maintenance of Record Documents and Samples. I B. Submittal of Record Documents and Samples. 1.02 RELATED REQUIREMENTS ' A. Document 00700 - General Conditions: Documents at the site. I B. Section 01300 - Submittals: Shop drawings, product data, and samples. C. Section 01700 - Contract Closeout: Closeout procedures. ' D. Section 01700 - Contract Closeout: Operation and maintenance data. I L I I I I Li E. Individual Specifications Sections: Manufacturer's certificates and certificates of inspection. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. In addition to requirements in General Conditions, maintain at the site one record copy of: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Field test records. 7. Inspection certificates. 8. Manufacturer's certificates. B. Store Record Documents in Field Office apart from documents used for construction. Provide files, racks, and secure storage for Record Documents. C. Label and file Record Documents in accordance with Section number listing in Table of Contents of this Project Manual. Label each document "PROJECT RECORD" in neat, large, printed letters. D. Maintain Record Documents in a clean, dry and legible condition. Do not use Record Documents for construction purposes. E. Keep Record Documents and samples available for inspection by Owner. FY012142 Drake Field Trench Drain Section 01720 - I CI 1.04 RECORDING 1 A. Record information on a set of blue line opaque drawings, and in a copy of a Project Manual. B. Provide felt tip marking pens, maintaining separate colors for each major system, for recording information. C.. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. D. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Changes made by Modifications. 4. Details not on original Contract Drawings. E. Specifications: Legibly mark each item to record actual construction, including: , 1. Manufacturer, trade name, and catalog number of each product actually ' installed, particularly optional items and substitute items. 2. Changes made by Addenda and Modifications. F. Other Documents: Maintain manufacturer's certifications, inspection certifications, field test records, etc., required by individual Specifications sections. 1.05 SUBMITTALS A. At Contract closeout, deliver Record Documents and samples under provisions of Section 01700. B. Transmit with cover letter in duplicate, listing: 1. Date. , 2. Project title and number. 3. Contractor's name, address, and telephone number. 4. Number and title of each Record Document. 5. Signature of Contractor or authorized representative. 1.06 PAYMENT , No separate payment will be made for work under this section. PART2 PRODUCTS Not Used. 1 L FY012142 Drake Field Trench Drain Section 01720-2 , PART 3 EXECUTION Not Used. ' END OF SECTION 1 1 1 1 FY012142 Drake Field Trench Drain Section 01720-3 I 1 SECTION 02050 ' DEMOLITION ' PARTI GENERAL 1.01 SUMMARY ' A. Demolition and removal of pavements, curbs, drainage structures, utilities, signage, or landscaping. B. Disconnecting and capping or removal of identified utilities. C. Filling or removal of underground piping, and appurtenances. ' D. Filling voids in subgrade created as a result of removals or demolition. ' E. Hazardous material compliance. 1.02 RELATED SECTIONS ' A. 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. 1 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 FY012142 Drake Field Trench Drain Section 02050 - 1 I 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. C. Explosives shall not be brought to site or used without written consent of authorities ' having jurisdiction. Such written consent will not relieve Contractor of total responsibility for injury to persons or for damage to property due to blasting operations. Performance of required blasting shall comply with governing regulations. PART 2 MATERIALS 2.01 FILL MATERIALS , A. Fill materials as specified in Section 02200. 1 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. I FY012142 Drake Field Trench Drain Section 02050-2 ' L 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. ' 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. ' FY012142 Drake Field Trench Drain Section 02050 - 3 3.06 PAYMENT A. No separate payment will be made for this item. END OF SECTION FY012142 Drake Field Trench Drain Section 02050-4 I ISECTION 02200 1 EARTHWORK, TRENCH EXCAVATION AND BACKFILL PART! GENERAL 1.01 SCOPE ' A. This Section covers the work necessary for the earthwork, trenching and backfilling complete. 1.02 DEFINITIONS - RELATIVE COMPACTION IA. "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 IA. "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: I. Samples for all imported material. 1.05 REFERENCES A. Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P - Excavation. A copy is included, as an Appendix, in these Specifications. ' FY012142 Drake Field Trench Drain Section 02200- I I I I PART 2 MATERIALS 2.01 GENERAL A. Provide all labor, materials, and equipment necessary to accomplish the work specified in this Section. 2.02 COMMON EXCAVATION , A. Complete all common excavation regardless of the type, nature, or condition of the materials 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. All excavation shall be common excavation. 2.03 ROCK EXCAVATION A. Rock excavation shall be accomplished as required, and there shall be no separate measurement or payment for rock excavation in this contract. 2.04 EARTH FILL ' A. Excavated material free from roots, organic matter, trash, debris, rocks larger than 3 ' inches, and other deleterious materials. Suitable material may be obtained by the Contractor from the excavation for the proposed pipelines. 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 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. 2.06 TRENCH STABILIZATION MATERIAL A. Three-inch minus river -run or pit -run gravel, free from clay balls, roots, and organic matter; well crushed gravel or crushed rock graded with less than 8 percent by weight ' passing the 1/4 -inch sieve. Submit samples for approval prior to delivery of the material to the site. FY012142 Drake Field Trench Drain Section 02200-2 I I I 2.07.1 PIPE BASE, PIPE ZONE, AND BACKFILL ABOVE THE PIPE ZONE UNDER PAVED SURFACES A. PVC - Class 7 Base material. ' 2.08 NATIVE PIPE BASE AND PIPE ZONE MATERIAL I I I I H I I A. Trench excavated or imported selected material free of stones larger than one and one -half -inch, roots, debris and organic material. To include silt and clay subsoils, sand and gravel less than one and one -half -inch in size. 2.09 BACKFILL ABOVE THE PIPE ZONE A. Materials from the excavation containing no particles larger than 6 -inch diameter, free from roots, debris, and organic materia, except under paved surfaces which shall be class 7 base material. 2.10 TOPSOIL A. Selected topsoil at the site, properly stored and protected, free from roots, sticks, hard clay, and stones which will not pass through a 1 -inch square opening. Remove existing grass and overburden before topsoil is excavated. Provide imported topsoil of equal quality if required to accomplish the work. 2.11 WATER FOR COMPACTION A. Furnish as required. 2.12 COMPACTION EQUIPMENT ' A. Compaction equipment shall be of suitable type and adequate to obtain the densities specified. I C I I 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. FY012142 Drake Field Trench Drain Section 02200 - 3 I I 2.13 MOISTURE CONTROL EQUIPMENT A. Equipment for applying water shall be of a 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. 2.14 RIPRAP A. Not used. ' PART 3 EXECUTION , 3.01 CLEARING, GRUBBING, AND STRIPPING A. Complete clearing and grubbing work as specified in Section 02100, SITE PREPARATION, prior to beginning work in this Section. 3.02 STRIPPING TOPSOIL A. Prior to beginning any excavation or fill, strip the topsoil to a depth of at least 6 ' inches or to a depth sufficient to remove all organic material and stockpile for future use. In general, topsoil shall be removed where structures are to be built, embankments or levees constructed, trenches dug, and roads, parking lots, walks, and similar improvements constructed within the areas presently covered with topsoil. Topsoil shall be stored clear of the construction area. Take reasonable care to prevent the topsoil from becoming mixed with subsoil or eroding. 3.03 COMMON EXCAVATION A. 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. 3.04 EXCAVATION SAFETY A. The Contractor shall be solely responsible for making the excavation in a safe manner. Provide appropriate measures to retain excavation side slopes to ensure that , men working in or near the excavation are protected. FY012142 Drake Field Trench Drain Section 02200-4 I 3.05 LIMITS OF EXCAVATION A. Excavate to the depths and widths required. Allow for forms, working space, granular base, and finish topsoil where shown or required. Excavation carried below the grade lines shown or established by the Engineer shall be replaced with crushed stone, Class 7 Base material, compacted as required to prevent settlement. The Contractor shall correct all over excavated areas at the Contractor's sole expense. 3.06 REMOVAL OF WATER A. Provide and operate equipment adequate to keep all excavations and trenches free of ' water. Remove all water during period when concrete is being deposited, when pipe is being laid, during the placing of backfill, and at such other times as required for ' efficient and safe execution of the work. Removal of groundwater shall be accomplished in a manner that will preserve the strength of the foundation soils, will not cause instability of the excavation slopes, and will not result in damage to ' existing structures. 3.07 ROCK EXCAVATION A. Where material is encountered which requires systematic drilling and blasting for removal, excavate to subgrade for granular pipe base. Correct over excavation with compacted granular material as specified hereinbefore for grade. B. The requirements of Section 01016, Paragraph 1.13 will be prerequisite to blasting ' near structures. Use the utmost care so as not to endanger life or property, cause slides, or disturb materials outside the limits of the trenches or excavations. ' C. Store all explosives in a safe, secure manner in compliance with federal, state, and local laws and ordinances, and mark all such storage places clearly DANGEROUS ' EXPLOSIVES. Do not leave explosives in an unprotected manner along or adjacent to any highway, street, alley, or other area where such explosives could endanger persons or property. ' D. Comply with the requirements of the Workmen's Compensation Board or similar appropriate public body having jurisdiction over use of explosives. Allow only ' persons experienced in the handling of explosives to use them on the work. Explosives shall be handled only by licensed personnel. H FY012142 Drake Field Trench Drain Section 02200-5 H 17 E. Provide all necessary approved types of tools and devices required for loading and using explosives, blasting caps, and accessories. Conform to, and obey, all federal, state, and local laws that may be imposed by any public authority. Do not blast adjacent to any portion of exposed work or structures, unless proper precautions are taken to ensure that the structures and materials surrounding and supporting the same will not be damaged by the blasting. When blasting rock in trenches, cover the area to be shot with blasting mats or other type of protective material that will prevent the scattering of rock fragments outside of the excavation. Give ample warning to all persons within the vicinity prior to blasting, and station men and provide signals of danger in suitable places to warn people and vehicles before firing any blasts. Fire all blasts with an electric blasting machine which shall not be connected in the circuit until just prior to the time for firing, and then shall be connected by the man who will operate the blasting machine. I G. After a blast has been fired, the blaster shall make a careful inspection to determine that all charges have exploded before employees are allowed to return to the operation. Correct misfires in accordance with the requirements of the applicable portions of the state or local safety code for blasting. The Contractor shall be responsible for any and all damages to property or injury to persons resulting from , blasting, or accidental or premature explosions that may occur in connection with his use of explosives. H. In case injury from blasting occurs to any portion of the work or to the material surrounding or supporting the same that is intended to remain, remove such damaged work, repair the work, and replace the material surrounding or supporting the same, or furnish such material and perform such work for repair or replacement as the Engineer shall order. Repair promptly, completely, and satisfactorily all damage to existing structures intended to remain, that is caused by blasting, at no expense to the Owner. 3.08 PREPARATIONS FOR PLACING BACKFILLS A. Backfill around concrete structures only after the concrete has attained the specified compressive strength indicated in Section 03300, CONCRETE. Remove all form materials and trash from the excavation before placing any backfill. Obtain the Engineer's acceptance of concrete work and attained strength prior to backfilling. B. Do not operate earth -moving equipment within 5 feet of walls of concrete structures for the purpose of depositing or compacting backfill material. Compact backfill adjacent to concrete walls with hand -operated tampers or similar equipment that will not damage the structure. FY012142 Drake Field Trench Drain Section 02200-6 I I 3.09 TRENCH EXCAVATION AND BACKFILL I I I I I A. Excavate for the installation of piping, utilities, and appurtenances. All obstructions, such as tree roots, stumps, abandoned concrete structures, and other material of any type shall be removed. 3.10 TRENCH WIDTH A. Minimum width of unsheeted trenches or the minimum clear width of sheeted trenches in soil trenches in which pipe is to be laid shall be 4 inches or greater outside pipe to trench wall. Sheeting requirements shall be independent of trench width. The maximum clear width at the top of the pipe or above the pipe will not be limited, except in cases where excess width of excavation would cause damage to adjacent structures. ' B. Minimum trench width in rock excavation areas shall be 12 -inches greater than the inside diameter of the pipe. ' 3.11 GRADE ' A. Carry the bottom of the trench to the depths shown, or as established by the Engineer. Allow for pipe thickness and for pipe base or special bedding when specified. Backfill any part of the trench excavated below grade with granular pipe ' base material, as required by the details on the Drawings, and compact to a density equal to the undisturbed trench bottom. 3.12 SHORING, SHEETING, AND BRACING OF TRENCHES A. Erect, maintain, and remove shoring, sheeting, and bracing as required by all federal, state and local laws, codes and ordinances. I I I I 3.13 REMOVAL OF WATER A. Removal of water shall be accomplished as specified hereinbefore. 3.14 TRENCH STABILIZATION A. If the material in the bottom of the trench is unsuitable for supporting the pipe, excavate below the flow line to remove the unsuitable material, and backfill to the required grade with TRENCH STABILIZATION MATERIAL as specified FY012142 Drake Field Trench Drain Section 02200 - 7 Li I hereinbefore. Unsuitable material is material which is not capable of supporting the pipe base material, pipe and/or backfill (i.e., organics, mud, large rocks, trash, etc.). 3.15 BASE FOR PIPE IN ROCK TRENCH A. Place a minimum 6 -inch thickness of Class 7 Base material . Place for the full width , of the trench with the top of the granular base at flow line grade. Bed the pipe in the granular base so that the flow line is at the required grade and elevation. Place and finish the gravel base to grade ahead of the pipe laying operation. Place GRANULAR PIPE ZONE MATERIAL to a level 6 -inches above the top of the pipe. 3.16 BASE FOR PIPE IN SOIL TRENCH A. Grade soil trench bottoms to the specified depths, for continuous and uniform pipe support. Place NATIVE PIPE BASE AND PIPE ZONE MATERIAL as shown on the details on the plans, for ductile iron pipe. 3.17 TRENCH BACKFILL ABOVE THE PIPE ZONE A. In trenches under all structures, sidewalks, city streets, concrete driveways, piping, ' and similar facilities, except where specifically shown, deposit Class 7 material, in vertical lifts not exceeding 8 inches in uncompacted thickness for the full depth of the trench. Compact to not less than 95 percent Modified Proctor Density. Repair any subsequent damage caused by settlement of trenches at the Contractor's sole expense. B. In trenches under unpaved driveways and similar areas designated by the Engineer, ' backfill with compacted native materials to within 12 -inches of the surface, unless otherwise shown on plans. Place Class 7 Base and compact to not less than 95% relative compaction. Place additional GRANULAR FILL if settlement occurs, at the Contractor's sole expense. C. In other areas the excavated trench material may be used for backfill. Push by mechanical means, first onto the slope of the backfill previously placed and allow to roll down into the trench. Do not allow free fall of the material into the open trench. Under no circumstances allow sharp, heavy pieces of material to drop directly onto the pipe or the material in the pipe zone. Backfill material shall not exceed 1/2 cubic foot in size and shall be intermixed with finer material to produce completed fill that is free from detrimental voids and segregation. Neatly windrow the material over the trench to provide for future settlement. Any excess or deficiency of backfill material , after settlement within the guarantee period shall be corrected by regrading and adding or removing material. 1 FY012142 Drake Field Trench Drain Section 02200-8 I I I I I l] rl I I I I [1 I I I 3.18 SITE GRADING Not used. 3.19 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. 3.20 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 3.21 PLACING RIPRAP 1. Not used. 3.22 DRAINAGE CULVERTS A. Replace in kind drainage culverts which are destroyed. If the culvert cannot be reused, dispose of it and furnish and install new pipe. All culverts shall be protected from damage or restored to equivalent condition, if damaged, at no cost to the Owner. B. Replace culverts to the existing lines and grades. Do not replace culverts until the proposed pipeline is installed and the backfill of the trench has been completed to the subgrade of the culvert. 3.23 PAYMENT A. Payment for the work in this Section will be included as part of the unit price and lump sum bid amounts stated in the Proposal. FY012142 Drake Field Trench Drain Section 02200 - 9 I B. Payment for trench excavation, pipe base and zone material, and for native trench backfill for the water lines shall be included in the unit price for the trench drain. C. Rock excavation shall not be measured and paid for as a bid item. Instead, the cost shall be included in the unit price and lump sum bid amounts stated in the Proposal. D. Payment for trench stabilization material will be based on the unit price per L.F. stated in the Proposal. Trip tickets shall be presented to the Engineer for his ' signature on the day the material is delivered. No payment will be allowed on trip tickets not so validated by the Engineer. Payment for this item shall constitute full compensation for all materials, labor, equipment, and incidentals necessary to furnish materials at trench side and for placing and compacting it in the trench and for the extra depth of trench excavation required below the pipe base grade to provide for a stable base for the pipe. This item is to provide for unstable base encountered in the progress of the work and shall be used only under the direction of the Engineer. E. Payment for GRANULAR FILL above the pipe zone at road crossings and t driveways, pipe base and pipe zone backfill for PVC pipe in rock excavation areas, base course for pavement resurfacing and other authorized areas will be based on the unit price per L.F. stated in the Proposal. This payment shall constitute full ' compensation for the work as specified herein. Trip tickets shall be presented to the Engineer for his signature on the day that the material is delivered. F. No separate payment will be made for protecting, repairing and/or replacing existing culverts. G. Payment for TRENCH EXCAVATION AND SAFETY SYSTEMS used for this project will be based on the unit price stated in the Proposal. END OF SECTION i 1 FY012142 Drake Field Trench Drain Section 02200 - 10 I SECTION 02300 SEEDING PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including GENERAL and SUPPLEMENTARY CONDITIONS, and other Division 1 Specifications Sections apply to the Work specified in this Section. 1.02 SCOPE A. This item shall consist of soil preparation, seeding all disturbed areas on the Right -of - Way or as directed by the Engineer in accordance with these specifications. 1.03 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. Seed certificate of compliance 1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section No. Item 02200 Earthwork PART 2 PRODUCTS 2.01 TOPSOIL A. Existing topsoil may be reused for seeding. Additional topsoil shall be provided as needed to provide 4" of topsoil. 2.02 SEED A. The species and application rates of grass seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ-S-181. B. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This FY012142 Drake Field Trench Drain Section 02300 - 1 I statement shall include: name and address of laboratory, date of test, lot number of , seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content. Variety Pounds per 1,000 sg ft Lawn Fescue 8 Bermuda Hulled 1/4 Unhulled ½ Annual rye 3 2.03 LIME A. Not Applicable. ' 2.04 FERTILIZER A. Fertilizer shall be standard commercial fertilizers supplied during seeding operation. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. Spec. O -F-241 and applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. B. Fertilizers shall be 13-13-13 commercial fertilizer and applied at the rate of 500 pounds per acre. 2.05 SLOPE PROTECTION A. All areas to be seeded shall be mulched with a minimum of one ton of oat or wheat ' straw per acre. 2.06 SOIL FOR REPAIRS ' A. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality ' to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the Engineer before being placed. ' PART 3 EXECUTION 3.01 ADVANCE PREPARATION AND CLEANUP A. After grading of areas to be seeded has been completed, they shall be raked or ' otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning seeding, the Contractor shall repair such damage. This may include filling gullies, smoothing , irregularities, and repairing other incidental damage. FY012142 Drake Field Trench Drain Section 02300 - 2 , I I LI B. An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently been thoroughly loosened and worked to a depth of not less than 4 inches as a result of grading operations and, if immediately prior to seeding, the top 3 inches of soil is loose, friable, reasonably free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade. ' 3.02 SEEDING I A. Do not use wet or moldy seed, or seed otherwise damaged in transit or storage. Sow not less than the quantity of seed specified. B. Seed may be sown using a hydromulch machine when wind velocities are less than 5 mph or by hand methods. Distribute the seed and fertilizer evenly over the entire area. Spread wheat straw 2" thick over the area, using a binding agent to glue straw together. ' 3.03 MAINTENANCE OF SEEDED AREAS 11 H I I IrJ I I I I J I A. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and acceptance of the work. Any areas without a good stand of grass shall be reseeded. B. It will be required that the Contractor establish a good stand of grass of uniform color and density to minimize erosion. 3.04 PAYMENT A. Payment will be made for the work in this section in accordance with the bid item established for seed / straw / fertilizer. END OF SECTION IFY012142 Drake Field Trench Drain Section 02300 - 3 E 1 SECTION 02310 1 SODDING IPART 1. GENERAL 1.1 SUMMARY A. Provide slab sod, fertilizer, and water to establish and maintain grass. Owner shall ' provide access to water at no cost. B. Planting Period: As recommended by sod producer for time of year, subject to Engineer's approval. 1.2 REFERENCES A. Federal Specifications. 1. FS O -F-241 - Fertilizers, Mixed, Commercial. • 1.3 DEFINITIONS A. Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Johnson Grass, Poison Ivy, Nut ' Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.4 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for herbicide composition. 1.5 QUALITY CONTROL A. Grass that has been cut more than 48 hours before placing shall not be used. B. Sod shall not be loaded in bulk on vehicles and dumped in bulk on planting site. 1.6 DELIVERY, STORAGE, AND HANDLING 1 A. Deliver to site, store, and protect products at site. B. Sod: • 1. Cut sod with approved sod cutters to minimum depth of 2-1/2 inches in satisfactory and uniform widths and convenient lengths for handling. 2. Place cut sod flat, grass side up, on boards and haul to site with soil intact. 3. Sod shall not hang over the edges of the boards. FY012142 Drake Field Trench Drain Section 02310- 1 C. Fertilizer: Deliver in waterproof bags showing weight, chemical analysis, and name of manufacturer. PART 2. PRODUCTS 2.1 SLAB SODDING A. Type: Common Bermuda (subject to time -of -year considerations). B. Certified nursery grade cultivated grass sod, 95 percent weed free. C. Sod shall be live, fresh, and uninjured at time of placing. 2.2 FERTILIZER A. FS O -F-241, Type and Grade as recommended for grass, with fifty percent of the elements derived from organic sources; of proportion necessary to eliminate any deficiencies of topsoil to the proportions of nitrogen, phosphoric acid, and soluble potash as recommended by County Extension Agent and/or seed manufacturer, subject to Engineer's approval. 2.3 WATER A. Clean, fresh, and free of substances or matter which could inhibit vigorous growth of grass. 2.4 HERBICIDES A. As recommended by sod producer and as approved by Engineer. PART 3. EXECUTION 3.1 PREPARATION A. Fine grade to eliminate uneven areas and low spots. Allow for thickness of topsoil and sod. B. Spread topsoil to minimum 4 -inch depth and rake smooth. FY012142 Drake Field Trench Drain Section 02310 - 2 , n 3.2 FERTILIZING IA. Apply approximately 90 percent over entire area to receive slab sodding. B. Apply remaining 10 percent over sod after placing and rolling. ' 3.3 SODDING A. Upon delivery to site transfer sod from boards to soil surface. B. Place slabs closely, leaving a minimum amount of space between slabs. 1 C. Use appropriate tools to pull together slabs that do not fit closely. ID. Do not handle sod by hand except when filling small cracks or at locations where it would be impractical to use boards. ' 3.4 ROLLING IA. Roll slab sod as soon after planting as practicable with plain rollers or cultipackers. B. Tamp sod with approved hand methods where rolling is impractical. ' 3.5 MAINTENANCE A. Water to prevent grass and soil from drying out. B. Control growth of weeds. ' C. Apply herbicides in accordance with manufacturer's instructions. ' D. Remedy damage resulting from improper use of herbicides. E. Immediately re -sod areas which show bare spots. 3.6 PAYMENT IA. Solid Sod: Payment for this work shall be made at the price bid per square yard as shown in the Bid Form. Payment shall be made based upon the number of square yards of sod actually placed and fertilized as measured in the field. 1 IEND OF SECTION I ' FY012142 Drake Field Trench Drain Section 02310-3 1J ISECTION 02720 1 STORM DRAINAGE PART 1. GENERAL 1 1.1 SECTION INCLUDES A. Pipe and Culverts. B. Pipe Joint Material. C. Inlets, Outlets and Junction Boxes. ' D. Trench Drains I1.2 RELATED SECTIONS A. Section 02200 - Earthwork, Trench Excavation and Backfill. ' B. Section 03300 - Cast -in -Place Concrete. I1.3 REFERENCES A. American Association of State Highway and Transportation Officials, 444 North Capitol '• Street, N.W., Suite 225, Washington, DC 20001. 1. AASHTO M36 - Corrugated Steel Pipe, Metallic Coated, for Sewers and Drains. 2. AASHTO M170 - Reinforced Concrete Pipe. ' 3. AASHTO M176 - Porous Concrete Pipe. 4. AASHTO M218 - Sheet Steel, Zinc -Coated (Galvanized) for Corrugated Steel Pipe. 5. AASHTO M245 - Polymer Precoated Corrugated Steel Pipe. ' 6. AASHTO M246 - Steel Sheet, Polymer Precoated for Corrugated Steel Pipe. B. American Concrete Institute, 22400 W. Seven Mile Road, Detroit, Michigan 48219. ' I. ACI 301 - Specification for Structural Concrete for Buildings. C. American Society for Testing and Materials, 1961 Race Street, Philadelphia, ' Pennsylvania 19103. I. ASTM C14 - Specification for Concrete Sewer, Storm Drain, and Culvert Pipe. 2. ASTM C76 - Specification for Reinforced Concrete Culvert, Storm Drain, and ' Sewer Pipe. 3. ASTM C412 - Specification for Concrete Drain Tile. 4. ASTM C443 - Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. 5. ASTM C444 - Specification for Preformed Concrete Pipe. ' 6. ASTM C478 - Specification for Precast Reinforced and Nonreinforced Masonry. 7. ASTM D1785 - PVC Plastic Pipe, Schedules 40, 80, and 120. FY012142 Drake Field Trench Drain Section 02720 - 1 8. ASTM D3034 - Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings. PART 2. PRODUCTS 2.1 PIPE AND CULVERTS A. PVC Pipe 1. Perforated PVC Pipe: a. In compliance with latest AASHTO specifications. b. Full Circular cross-section. c. Install per AASHTO and manufacturer's recommendations. 2. PVC Pipe: a. In compliance with latest AASHTO specifications. b. Full Circular cross-section. c. Install per AASHTO and manufacturer's recommendations. B. Not Used C. Not Used 2.2 SLOTTED CORRUGATED STEEL PIPE JOINT MATERIAL A. Connections: 1. The Corrugated Steel Pipe shall have a minimum of two rerolled annular ends. 2. Slotted drain bands shall be modified HUGGER Bands to secure the pipe. 3. When slotted drain is banded together the adjacent grates shall have a maximum 3 -inch gap. B. Grates: NOT USED 2.3 COATINGS FOR PIPE AND CULVERTS: NOT USED 2.4 MATERIALS FOR CAST -IN -PLACE CONCRETE A. Conform to Section 03300 and 03301. B. Design mix to attain minimum 3,000 psi compressive strength at 28 days. 2.5 PRE -CAST CONCRETE STRUCTURES A. Conform to local standards. B. Conform to ASTM C478. FY012142 Drake Field Trench Drain Section 02720-2 H 1 2.6 FOUNDATION DRAIN PIPE I I H I I I L L L I A. Not Used 2.7 METAL GRATES, COVERS, AND FRAMES (CAST IRON GRATES, COVERS, AND FRAMES SUBJECT TO VEHICLE TRAFFIC) A. NOT USED PART 3. EXECUTION 3.1 INSTALLATION OF PIPE AND CULVERTS A. Lay sections on properly compacted granular bedding (4 -inch minimum) to lines and grades shown on Drawings. B. Backfill with approved imported granular materials as specified in Section 02225. C. Band Couplers: 1. Install band couplers in accordance with manufacturer's recommendations and AASHTO guidelines. 2. Use Ram Neck gasket material in end corrugation of each pipe end. D. Reinforcing End Collars: 1. Install reinforcing end collar where pipe terminates without protective end treatment, such as headwall, inlet box, or grouted rip rap. E. Storm drains shall have a minimum cover of 24 inches, unless otherwise specified on plans. F. Pipes (storm, sanitary, water) that cross each other with less than 1 -1/2 -foot clearance must have a concrete encased intersection. 3.2 INSTALLATION OF INLETS AND JUNCTION BOXES A. Conform to city standard construction details. B. Construction methods to conform to Section 03300. C. Construct concrete drainage structures with exposed concrete surfaces rubbed to smooth finish and with metal frames for grates and covers securely anchored in place. D. Structures may be cast -in -place or pre -cast. E. Frame castings to be securely held in place to proper line and grade to make an integral part of the complete structure. ' FY012142 Drake Field Trench Drain Section 02720 - 3 I F. Construct catch basin, weirs. headwalls and similar structures of reinforced concrete unless otherwise indicated; pre -cast concrete units as approved. 1. Provide concrete foundations for manholes and other structures. 2. Concrete structures shall be reinforced. 3. All concrete construction shall receive a smooth finish in accordance with ACI 301 on all surfaces exposed to exterior or interior of structure; rough formed for all unexposed construction. 4. Moist cure concrete for a minimum of seven days after placing. G. Where manholes occur in pavement, set tops of frames and covers flush with finish surface. Elsewhere, set tops 3 inches above finish surface, unless otherwise indicated. H. Backfill at structures and compact in accordance with Section 02225. 3.3 INSTALLATION OF FOUNDATION DRAINS 1 A. Not Used 3.4 PAYMENT A. Payment for these items will be made in accordance with the bid schedule. END OF SECTION I I I I U Li FY012142 Drake Field Trench Drain Section 02720-4 ' I I SECTION 03210 REINFORCING STEEL ' PARTI GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the reinforcing steel and welded wire fabric. ' 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 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1. Bending Lists 2. Placing Drawings IPART 2 MATERIALS 2.01 DEFORMED REINFORCING BARS ' A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted. 2.02 WELDED WIRE FABRIC Welded Wire Fabric shall be as manufactured in sheets, rolls are not acceptable. IA. Wire shall have 6 -inch openings with wire diameter of W1.4 x W1.4. 2.03 ACCESSORIES A. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper ' type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular concrete blocks made up of the same color and same strength concrete being placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" published by CRSI. I ' FY012142 Drake Field Trench'Drain Section 03210- 1 I I PART 3 EXECUTION 3.01 GENERAL , A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. 3.02 DELIVERY AND STORAGE A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars". 3.03 PLACING REINFORCING STEEL - CLEANING A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. 3.04 STRAIGHTENING AND REBENDING REINFORCING STEEL ' A. Do not straighten or rebend metal reinforcement. Where construction access through reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.05 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL 1 A. Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318), review placing drawings and design drawings. 3.06 REINFORCING STEEL - LOCATION TOLERANCE A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete ' Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.07 SPLICING 1 A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be staggered. 3.08 TYING DEFORMED REINFORCING BARS A. Conform to the current edition of"Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. FY012142 Drake Field Trench Drain Section 03210-2 I I 3.09 REINFORCEMENT AROUND OPENINGS ' A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to develop bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or deformed bars. 3.10 WELDING REINFORCEMENT A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications, and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS D1.4-79, published by the American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced ' in this code. 3.11 PLACING WELDED WIRE FABRIC ' A. Not used. ' 3.12 FIELD BENDING A. Field bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. Rebending of bars at the same place where strain ' hardening has taken place due to the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. 3.13 PAYMENT A. No separate payment will be made of reinforcing steel. I END OF SECTION I I I I FYI 12142 Drake Field Trench'Drain Section 03210-3 I 1 1 1 1 1 PART I 1.2 SECTION 03300 CAST -IN -PLACE CONCRETE GENERAL WORK INCLUDED A. Cast -in -place concrete, including formwork. RELATED WORK A. Section 02720 — Storm Drainage B. Section 03210— Reinforcing Steel C. Section 03301 — Pervious Cast In Place Concrete REFERENCES A. American Concrete Institute, Box 19150, Redford Station, Detroit, Michigan 48219 (latest revision). 1. ACI 211.1: Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete. 2. ACI 211.2: Standard Practice for Selecting Proportions for Structural Lightweight Concrete. 3. ACI 211.3: Standard Practice for Selecting Proportions for No -Slump Concrete. 4. ACI 304R: Guide for Measuring, Mixing, Transporting, and Placing Concrete. 5. ACI 304.2R: Placing Concrete by Pumping Method. 6. ACI 304.3R: High Density Concrete: Measuring, Mixing, Transporting and Placing. 7. ACI 304.4R: Placing Concrete with Belt Conveyors. 8. ACI 305R: Hot Weather Concreting. 9. ACI 306R: Cold Weather Concreting. 10. ACI 309: Standard Practice for Consolidating of Concrete. 11. ACI 309.1R: Behavior of Fresh Concrete During Vibration. 12. ACI 309.2R: Identification and Control of Consolidation -Related Surface Defects in Formed Concrete. 13. ACI 347: Recommended Practice for Concrete Formwork. FY012142 Drake Field Trench. Drain 03300 - I H B. American Society of Testing FOR Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103 (latest revision). 1. ASTM C33: Specification for Concrete Aggregates. 2. ASTM C150: Specifications for Portland Cement. 3. ASTM C260: Specification for Air -Entraining Admixtures for Concrete. 4. ASTM C309: Specification for Liquid Membrane -Forming Compounds for Curing ' Concrete. 5. ASTM C494: Specification for Chemical Admixtures for Concrete. 6. ASTM E329: Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.4 SUBMITTALS ' A. Provide the following in accordance with Section 01300. 1. Admixture certification; chloride ion content must be included. 2. Concrete mix design. 3. Certification for aggregate quality. 4. Mill tests for cement. 5. Method of adding admixtures. 6. Materials and methods for curing. 7. Testing agency to perform services required in ACI 301, Section 167. 8. Laboratory test on concrete. 1.5 QUALITY ASSURANCE A. Inspection: Engineer shall have access and rights to inspect batch plants, cement mills, ' and facilities of suppliers, manufacturers, and subcontractors providing products specified. B. Batch Plant: 1. Certification: Current certification that weighing scales have been tested and are within tolerances as set forth in National Bureau of Standards Handbook No. 44. 2. Equipment: Semi -automatic or fully automatic. C. Perform work in accordance with ACT 301. 1 D. Obtain materials from same source throughout the work. ' I I I FY012142 Drake Field Trench. Drain 03300-2 •1 I 1 PART 2. PRODUCTS 2.1 CEMENT A. Portland cement Type I and Type II conforming to ASTM C150. Type I most common ' uses: Pavement, drainage structures, water treatment plants, and buildings. 2.2 WATER ' A. Clean and free from oil, acid, alkali, organic matter, or other deleterious substances. B. Potable. ' 2.3 CONCRETE AGGREGATES A. General: 1. Natural aggregates, well graded, free from deleterious coatings and organic materials conforming to ASTM C33 (latest revision). 2. Import non -reactive aggregates if local aggregates are reactive. ' (Appendix XI-ASTM C33). 3. Wash aggregates uniformly before use. 4. Other aggregate gradations can be approved by Engineer. B. Fine Aggregates: 1. Clean, sharp, natural sand conforming to ASTM C33. 2. Less than 2 percent passing the No. 200 sieve. C. Coarse Aggregates: 1. Natural gravel, crushed gravel, crushed stone, or combination of these materials. 2. Less than 15 percent float or elongated particles (long dimension >5 times short ' dimension). 3. Less than 0.5 percent passing the No. 200 sieve. I I 1-1/2" 95-100 --- --- 1" --- 90-100 --- '• 3/4" 35-70 40-85 90-100 1/2" --- 10-40 20-55 3/8" 10-30 0-15 0-15 No.4 0-5 0-5 0-5 D. Grading Requirements for Course Aggregates: Sieve Size or Size in in Inches 1-1/2" aggregate 1" aggregate 3/4" aggregate I FY012142 Drake Field Trench.Drain [1 03300 - 3 E. Grading Requirements for Fine Aggregates: Sieve Size Minimum Maximum 3/8" 100 --- No.4 95 100 No.8 80 100 No. 16 50 85 No. 30 25 60 No. 50 10 30 No. 100 2 10 2.4 2.5 CONCRETE AIR -ENTRAINING ADMIXTURES A. Manufacturer: 1. Air -Mix or Perma-Air by the Euclid Chemical Co. 2. Sealtight Air Entraining Admixture by W.R. Meadows of Texas. B. ASTM C260; nontoxic after 30 days. C. Use only the specified non -corrosive non -chloride accelerator. Calcium chloride, thiocyanates or admixtures containing more than 0.05 percent ions are not permitted. D. Provide for concrete exposed to freezing and thawing or required to be watertight. Air Content: 5 to 6 percent. ADMIXTURES A. Water -Reducing Admixture: Conforming to ASTM C494, Type A and not contain more than 0.05 percent chloride ions than are present in municipal drinking water. 1. Eucom WR-75 by the Euclid Chemical Company. 2. Pozzolith 200N by Master Builder. 3. Plastocrete 160 by Sika Chemical Corporation. B. Water -Reducing Retarding Admixture: Conforming to ASTM C494, Type D and not contain more chloride ions than are present in municipal drinking water. 1. Eucom Retarder -75 by the Euclid Chemical Company. 2. Pozzolith 100XR by Master Builder. 3. Plastiment by Sika Chemical Company. C. High -Range Water -Reducing Admixture (Superplasticizer): Conforming to ASTM C494, Type F or G, and not contain more chloride ions than are present in municipal drinking water. 1. Eucom 37 by Euclid Chemical Company. 2. Rheobuild 1000 by Master Builders. 3. Sikament by Sika Chemical Company. FY012142 Drake Field Trench Drain 03300-4 I I I I I I J I I I H L, D. Non -Corrosive Non -Chloride Accelerator Admixture: Conforming to ASTM C494 Type C or E, and not contain more chloride ions than are present in municipal drinking water. 1. Accelguard 80 by Euclid Chemical Company. 2. Or approved equal. 3. Manufacturer must have long-term non -corrosive test data from an independent testing laboratory (of at least I year's duration) using an acceptable accelerated corrosion test method using electrical potential measures. E. Prohibited Admixtures: Calcium chloride, thiocyanates or admixtures containing more than 0.05 percent chloride ions. F. Certification: Submit written conformance to the requirements and chloride ion content of the admixture to Engineer prior to mix design review. 2.6 FORMS A. Materials: Plywood, hard plastic finished plywood, overlaid waterproof particle board, or steel. B. Surfaces: New and undamaged condition. C. Joints: Use tape, gaskets, plugs, or approved calking to keep joints water tight and to allow them to withstand placing pressures without bulging outward or creating surface patterns. 2.7 FORM TIES A. Factory -made and constructed so that tie remains embedded in wall, except for removable portion at each end. B. Inserts: 1. Conical or spherical. 2. Fixed to remain in contact with forming material. 3. Constructed so no metal is within 1 inch of concrete surface when forms, inserts, and tie ends are removed. C. Flat bar ties for panel forms: Plastic or rubber inserts with a minimum depth of 1 inch and sufficient dimensions to permit proper patching of tie hole. 2.8 BONDING AGENT A. Manufacturer: Sonnebond by Sonneborn; or approved equal B. Submit product specifications and manufacturer's specific instructions for application on this Project for Engineer's approval. C. Product must meet Project requirements with regard to surface, pot life, set time, vertical or horizontal application, forming restrictions, or other stated requirements. ' FY012142 Drake Field Trench Drain 03300-5 2.9 2.10 2.11 BOND BREAKER A. Manufacturers: 1. Williams Tilt -Up Compound, Williams Distributors Inc., Seattle, Washington. 2. Silcoseal 77, Superior concrete Accessories, Franklin Park, Illinois. 3. Or Equal. B. Nonstaining type. C. Provide positive bond prevention. D. Submit for review copies of manufacturer's data, recommendations, and instructions for specific use on this Project. CURING COMPOUND A. Curing and Sealing Compound: I. Clear styrene acrylate type, minimum 30 percent solids content. 2. Test data from an independent testing laboratory indication a maximum moisture loss of 0.030 grams per sq. cm when applied at a coverage rate of 300 sq. ft. per gallon. 3. Submit manufacturer's certification. 4. Sodium silicate compounds are not permitted. 5. Manufacturer: a. Super Rez Seal or Super Pliocure by the Euclid Chemical Co. b. Masterkure 30 by Master Builders. B. Exposed Concrete Surfaces: 1. Manufacturer: a. Kurez DR by Euclid Chemical Company. b. Approved equal to item "a" listed above. 2. Dissipating resin type compound. 3. ASTM C309. 4. Film must chemically break down in 6- to 8 -week period. BONDING AND REPAIR MATERIALS A. Rewettable Bonding Compounds: 1. Polyvinyl acetate type. 2. Manufacturer: a. Euco Weld by the Euclid Chemical Co. b. Weldcrete by the Larsen Co. 3. Use only in areas not subject to moisture. B. Non-Rewettable Bonding Compounds: 1. Polymer modified type. FY012142 Drake Field Trench Drain 03300-6 ' CI •' 2. Manufacturer: a. Euco-Bond by the Euclid Chemical Co. b. Or approved equal. C. Bonding Admixture: 1. Latex, non-rewettable type. 2. Manufacturer: a. SBR Latex or Flex -Con by the Euclid Chemical Co. b. Daraweld C by W. R. Grace. D. Epoxy Adhesives: 1. Two component, 100 percent solids, 100 percent reactive compound. 2. Suitable for use on dry or damp surfaces. Manufacturer: ' a. Euco Epoxy No. 452MV or No. 620 by the Euclid Chemical Co. b. Sikadure Hi -Mod by the Sika Chemical Corp. ' E. Patching Mortar: 1. Free flowing or gel consistency. 2. Polymer modified cementitious mortar. 3. Manufacturer: a. Euco Thin Coat or Concrete Coat by the Euclid Chemical Co. for horizontal repairs. ' b. Verticoat by the Euclid Chemical Co. for vertical or overhead repairs. c. Sikatop 121 or 122 by the Sika Chemical Co. for horizontal repairs. d. Sikatop 123 by the Sika Chemical Co. for vertical or overhead repairs. ' F. Underlayment Compound: 1. Free -flowing, self -leveling, pumpable cementitious base compound. 2. Manufacturer: a. Flo -Top by the Euclid Chemical Co. b. Or approved equal. G. Repair Topping: II. Self -leveling, polymer modified high strength topping. 2. Manufacturer: Thin Top SL by the Euclid Chemical Co. PART 3. EXECUTION ' 3.1 DESIGN OF CONCRETE MIX A. Submit mix design on each class of concrete for review, include standard deviation ' analysis or trial mixture test data. ' B. Proportion mix design in accordance with ACI 318-89, Section 5.3, "Proportioning on the Basis of Field Experience and/or Trial Mixtures". IFY012142 Drake Field Trench Drain 03300-7 I C. If trial batches are used: 1. Prepare mix design by independent testing laboratory. 2. Achieve an average compressive strength 1200 psi higher than the specified strength, or 1400 psi for specified concrete strengths over 5000 psi. 3. Certified copies of laboratory trial mix reports and cylinder tests shall be submitted to Engineer by the testing laboratory for approval. D. Do not place concrete prior to receipt of Engineer's written approval of mixes and cylinder test results. E. Design mix and perform tests to meet the requirements as specified. Minimum 28 -Day Slump Compressive Maximum Water- Air Range Location Strength (psi) Cement Ratio Content (in.) Footings, piers, grade -beams, and other grade - foundations. 3000 --- Optional 2-4 F. Minimum Cement Content (based on aggregate size): Minimum Cement Content 517 lb/cy 540 lb/cy 564 lb/cy Maximum Aggregate Size 1 -1/2 -inch 1 -inch 3/4 -inch G. Combined Aggregate Gradings: I. Aggregates for concrete shall be combined in proportions that will provide a mixture within the grading limits in accordance with this Section, unless otherwise approved in writing by Engineer. 2. Maximum aggregate size depends on rebar clearances. 3. Recommended Admixture Usage: Location I I I I C1 I I or Recommended Additional Condition Admixture Requirements Air entrained concrete Air -entraining admixture Non-toxic; non- corrosive ' Pumped concrete High -range, water -reducing Initial slump: admixture (Superplasticizer) 2-3 in. slump with Superplasticizer: 8 inches max. FY012142 Drake Field Trench Drain 03300-8 ' I E I [1 I I Concrete with a water- High -range, water -reducing Initial slump: cement ratio below admixture 2-3 in. slump 0.50. (Superplasticizer) with Superplasticizer: 8 inches max. H. Admixtures: 1. Concrete shall contain the specified water -reducing admixture or the specified high - range water -reducing admixture (superplasticizer). 2. Concrete required to be air entrained shall contain an approved air entraining admixture. 3. Pumped concrete, concrete for industrial slabs, architectural concrete, concrete required to be watertight, or concrete with a water/cement ratio below 0.50 shall contain the specified high -range water -reducing admixture (superplasticizer). ' 3.2 MEASUREMENT OF MATERIALS AND MIXING I A. Conform to ACI 304 current edition; specified requirements for mix deign, testing, and quality control; and to other requirements of these Specifications. ' 3.3 RETEMPERING I I I I I I I [1 [1 A. Retempering of concrete or mortar in which the cement has partially hydrated will not be permitted. Redosage with the specified high -range water -reducing admixture (superplasticizer) may be done with the prior approval of the Engineer regarding dosage and time periods. 3.4 FORMS - MAXIMUM SIZE OF CONCRETE PLACEMENTS A. Coordinate with other trades whose work may be located within or below concrete. B. Notify Engineer 1 full working day prior to erection of forms for inspection. C. Thoroughly clean forms and adjacent surfaces to receive concrete; remove chips, wood, sawdust, dirt or other debris before concrete is placed. D. Design: 1. Design, erect, support, brace, and maintain formwork in accordance with: a. Building Codes Requirements for Reinforced Concrete (ACI 318). b. Recommended Practice for Concrete Formwork (ACI 347). c. Construction Industry Standards (OSHA 2207). 2. Design formwork to be readily removable without impact, shock, or damage to concrete surfaces and adjacent materials. E. Reuse of Forms: Do not reuse forms unless they are in new and undamaged condition. FY012142 Drake Field Trench Drain 03300-9 [1 F. Beveled Edges (Chamfer): 1. Form 3/4 -inch bevels at concrete edges. , 2. Where beveled edges on existing adjacent structures are diverse more than 3/4 inch, obtain Engineer's approval of size prior to placement of bevel form strip. G. Form Tolerances: Construct forms to sizes, shapes, lines, and dimensions shown, work in ' finished structures. Concrete , Canal Drainage Lining Structure Tolerances (in) (in) Alignment --Tangents 1 --Curves Grades Plumb:In any 10 -foot of length --- 1/2 Footings: ' a. Variation in dimensions --- -1/2 in Drawing --- +2 b. Misplacement or eccentricity --- 2 Percent c. Reduction in thickness --- 5 Percent H. Removal of Forms: 1. Do not disturb forms until concrete is sufficiently strong to withstand possible injury. ' 2. Do not remove shoring until member has acquired sufficient strength to support its weight and the load upon it. 3.5 FORM TIES ' A. Place in uniform patterns on exposed surfaces. B. Number and placement sufficient to withstand pressures and limit deflection of forms to acceptable limits. 3.6 PLACING CONCRETE - GENERAL A. Do not place concrete without Engineer being present. B. Allow other trades reasonable time to complete portions of work which must be ' completed before concrete is placed. C. Notify Engineer at least 1 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. FY0I2142 Drake Field Trench Drain 03300- 10 ' I D. Review curing methods with Engineer and verify curing materials and equipment are at Project site. E. Placement shall conform to requirements and recommendations of ACI 304 and ACI 318, except as modified in these Specifications. F. Place concrete as soon as possible after leaving mixer in layers not over 1.5 feet deep: 1. Without segregation or loss of ingredients. ' 2. Without splashing forms or steel above. G. Vertical Free Fall Drop to Final Placement: 1. Concrete shall not be dropped freely where reinforcing will cause segregation. 2. Not to exceed 10 feet for concrete containing high -range water -reducing admixture ' (superplasticizer). 3. Not to exceed 5 feet for other concrete. H. Do not use concrete truck chutes, pipes, finishing tools, etc., constructed of aluminum. I. Before depositing concrete: II. Remove debris from space to be occupied by concrete. 2. Dampen: a. Gravel fill beneath slabs on ground. ' b. Sand where vapor barrier is specified. c. Wood forms. ' 3. Verify reinforcement is secured in position. 3.7 ADDITION OF WATER AT PROJECT SITE A. Do not add water to concrete at Project site if slump is within specified range. B. With the Engineer's approval, add water to concrete arriving at Project site with a slump less than the specified range, provided it can be demonstrated that the specified water - cement ratio will not be exceeded. C. Water/Cement Ratio: I. Concrete subject to freezing and thawing: Maximum water/cement ratio of 0.50, 4000 ' psi at 28 days or more. 2. Concrete subject to deicers or required to be watertight: Maximum cement/water ratio of 0.45, 4500 psi at 28 days or more. ' 3. Reinforced concrete subjected to brackish water, salt spray, or deicers: Maximum water/cement ratio or 0.40, 5000 psi at 28 days or more. ' D. The following tests will be required from each truck to which water has been added at Project site: 3 cylinders, 1 slump, and 1 air test. Costs for these tests shall be the full responsibility of the Contractor and shall be withheld from the monthly payment estimate. FY012142 Drake Field Trench Drain 03300-11 I 3.8 CONVEYING A. Concrete shall be conveyed from the mixer to the place of final deposit by methods which ' will prevent the separation or loss of materials. B. Conveying equipment shall be capable of providing a supply of concrete at the site of ' placement without interruptions sufficient to permit loss of plasticity between successive increments. 3.9 CONSOLIDATION AND VISUAL OBSERVATION A. Concrete shall be consolidated with internal vibrators having a frequency of at least 800 ' vpm, with amplitude required to consolidate concrete in the section being placed. B. At least one standby vibrator in operable condition shall be at the placement site prior to ' and during placing concrete. C. Consolidation equipment and methods shall conform to ACI 309 "Recommended Practice for Consolidation of Concrete". D. The forms shall contain sufficient windows or be limited in height to allow visual observation of the concrete. E. Vibrator operator is required to see the concrete being consolidated to ensure good quality workmanship; or Contractor shall have a person actually observe the vibration of the concrete and will advise the vibrator operator of changes needed to assure complete consolidation. F. Do not use vibrators to transport concrete in forms. 3.10 PLACING CONCRETE IN HOT WEATHER A. Follow the recommendations in Hot Weather Concreting, ACI 305. B. Do not place concrete at times when temperature is forecast to exceed 100 degrees F. within 12 hours after the concrete is placed. C. Verify preparations are complete before ordering concrete so that concrete may be placed upon arrival. D. Fog spray forms, reinforcing steel, and subgrade just before placing concrete. E. Minimize size of concrete placements and thickness of layers of concrete. F. Make every effort to maintain concrete temperature: FY012142 Drake Field Trench Drain 03300- 12 1 C1 1) Below 90 degrees F. at time of placement, cool the ingredients before mixing by use of chilled water. ' 2) Uniform: a. Minimize the time of placement. b. Begin each operation in concrete finishing promptly when the concrete is ready ' for it. G. Place concrete promptly upon arrival at Project and vibrate immediately after placement. H. Do not add water to retemper. I. Consider placing concrete in late afternoon as opposed to early morning. ' J. Provide windbreaks, shading, and fog spraying on days when temperature is forecast to exceed 90 degrees F. • K. Saw -Cut Joints: 4) Maximum Joint Spacing: 36 times slab thickness, unless otherwise noted on Drawings. ' 5) Soff-Cut Saw: Cut to a depth of 1 -1/4 -inch immediately after final finishing. 6) Conventional saw shall be used as soon as possible without dislodging aggregate to a depth of 1/4 slab thickness. ' L. Protect and cure exposed surfaces by one of the following: 7) Continuous water curing. ' 8) Moisture -cover curing. ' 3.11 PLACING CONCRETE IN COLD WEATHER (ACI 306R-78) A. Preparation: ' 9) Follow recommendations in Cold Weather Concreting, ACI 306. 10) Additives for the sole purpose of providing freeze protection shall not be used. 11) Arrangements for covering, insulating, housing, or steam heating newly -placed ' concrete shall be made in advance of placement and shall be adequate to maintain temperature and moisture conditions recommended. ri I I I 1 FY012142 Drake Field Trench Drain 03300- 13 I 12) Temperatures of concrete mix shall be as shown as follows for various stages of mixing and placing of concrete mix: Section Size, Minimum Dimension Air 12 in.- 36 in. - Temperature 12 in. 36 in. 72 in. 72 in. Minimum concrete temperature as mixed for indicated weather: Above 30°F 60°F 55°F 50°F 45°F 0°F to 30°F 65°F 60°F 55°F 50°F Below 0°F 70°F 65°F 60°F 55°F Maximum allowable gradual temperature drop in first 24 hours after end of protection: 50°F 40°F 30°F 20°F I B. Placement 13) Surfaces to be in contact with concrete shall be free of snow, ice, and frost and shall be above 40 degrees F. 14) Do not place concrete on frozen subgrade. 15) Placement of insulating material, tarpaulins, or other movable coverings shall follow closely the placing of concrete so that only a few feet of concrete are exposed to outside air at anytime. C. Curing and Protection: 16) Keep concrete continuously moist and maintain concrete temperature at a minimum , of 50 degrees F. for 7 days; temperature shall be uniform throughout concrete. If high early strength concrete is used, this temperature requirement may be reduced to 3 days. 17) It is recommended to leave forms in place for the entire period of protection; use insulated blankets or other approved method on slab surfaces. 18) Limit rapid temperature changes at end of protection period to avoid thermal cracking. 3.12 BONDING TO CONCRETE SURFACES A. New Concrete Surfaces: 19) New concrete is defined as less than 60 days old. 20) Roughen surface to hardened concrete. 21) Thoroughly clean and saturate with water. 22) Immediately place concrete. ' 23 ) Horizontal surfaces: a. Cover surface with 2 -inches of grout. b. Limit first lift on top of grout to 12 -inches. , c. Thoroughly vibrate to mix and consolidate grout and concrete. B. Old Concrete Surfaces: ' FY012142 Drake Field Trench Drain 03300-14 ' 11 24) Use bonding agent. 25) Prepare surface in strict accordance with manufacturers printed instructions and recommendations for specific and application for this Project. 26) Follow manufacturers recommendations. ' 3.13 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: ' B. Testing Responsibilities: 27) Contractor: ' a. Collect, label, and handle test specimens at Project site. b. Provide adequate facilities for safe storage, curing, and protection for first 24 hours and for additional time as may be required before transporting to test ' lab. c. Deliver test specimens to laboratory. d. Pay for initial testing. e. Pay for failed tests and additional testing resulting from failed tests or Contractor preference. IC. Number of test cylinders. 28) Set of cylinders: Three (3). 29) Sample frequency: ' a. 1 set/class of concrete/50 cubic yards. b. 1 set/class of concrete/3000 square feet of wall or slab surface. c. I set/class of concrete/day. d. Whichever is greater. ID. Laboratory shall test 3 cylinders for the 28 -day strength test. The test results should be the average strength of the 3 cylinders, except that if 1 cylinder shows obvious evidence of improper sampling, molding or testing, it should be discarded and the strengths of the ' other 2 cylinders averaged. If more than I cylinder shows defects, the test should be abandoned. 3.14 PATCHING - GENERAL A. Prior to starting patching work, except as specified, obtain Engineer's approval of proposed patching techniques and mixes. 3.15 REPAIR OF DEFECTIVE AREAS ' A. Definition: Concrete in place that does not conform to specified design strength, shapes, alignments, and elevations as shown on Drawings and contains surface defects. 1 FY012142 Drake Field Trench Drain 03300- 15 H B. Evaluation and acceptance of concrete shall conform to ACI 318. ' C. With prior approval of Engineer, as to method and procedure, repair defective areas in conformance with ACI 301, Chapter 9, except that the specified bonding compound shall be used. D. The specified patching mortar may be used in lieu of the above -mentioned method when color match of adjacent concrete is not required. Prior approval of Engineer is required. E. Surface Repairs: ' 30) Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Owner. ' 31) Honey -combed areas and rock pockets: a. Repair immediately after removal of forms. b. Prepare no -slump concrete mortar and test so that, when dry, patching mortar ' will match surrounding color and strength. c. Cut out to solid concrete or minimum of 1 -inch depth. d. Make edges for cuts perpendicular to the concrete surface. e. Thoroughly clean and dampen with water. f. Apply bonding compound. g. Compact no -slump concrete into patch, and finish to blend with adjacent finished concrete. h. Cure in same manner as adjacent concrete. 32) High Areas: Grind after concrete has cured at least 14 days. 33) Low Areas: a. Repair during or immediately after completion of surface finishing operations. b. Cut out low areas and replace with fresh concrete of same type and class as original concrete. c. Finish repaired areas to blend into adjacent concrete. ' 34) Defective Areas: a. Cut out and replace with fresh concrete of same type and class as original concrete. ' b. Finish repaired areas to blend into adjacent concrete. 35) Make structural repairs with prior approval of Engineer, as to method and procedure, using the specified epoxy adhesive or epoxy mortar. Where epoxy injection procedures must be used, use an approved low viscosity epoxy made by the manufacturers previously specified. 36) Level floors for subsequent finishes by use of specified underlayment material. 37) Where required, level exposed floors by use of the specified self -leveling repair topping. 38) Repair methods not specified above may be used, subject to approval of Engineer. 3.16 BLOCKOUTS AT PIPES OR OTHER PENETRATIONS A. Submit proposed blockouts for review in accordance with Section 01300. ' FY012142 Drake Field Trench Drain 03300-16 ' I 3.17 CURING OF CONCRETE A. Follow recommendations in Standard Practice for Curing Concrete (ACI 308). B. Begin curing as soon as free water has disappeared from concrete surface after placing and finishing. C. Continue curing for at least 7 days without interruption. D. Curing Methods: • 39) Water Curing: • a. Cover surface with burlap or sand (1 -inch deep) as soon as possible without marring surface. b. Keep continuously wet for 7 days; do not allow surface to become alternately wet and dry. c. Use water not more than 2 degrees F. cooler than concrete. d. Allow surface to dry slowly before removing sod. 40) Moisture -Cover Curing: a. Cover surface with plastic film (4 mil minimum) as soon as possible without ' marring the surface. Cover entire surface without wrinkles or holes. b. Cover plastic film with 1 -inch of sand and weight edges. c. Keep covered for a minimum of 7 days. 41) Curing Compounds: a. Verify compatibility with required finishes such as hardeners, paint, stain, tile, or other specified work. b. Exposed concrete receiving mastic applied adhesive, or metallic or mineral aggregate hardeners shall be cured with the specified curing and sealing ' compounds. E. Cold -Weather Curing: ' 42) Use moisture -cover curing or liquid membrane -forming compound as approved. 43) Protect concrete from temperature changes in accordance with ACI 306. F. Hot -Weather Curing: Use water curing or moisture -cover curing as approved. 3.18 PAYMENT A. No separate payment will be made of reinforcing steel. END OF SECTION I I I FY012142 Drake Field Trench Drain 03300- 17 I 1 1 1 1 1 1 1 1 PART I 1.2 1.3 SECTION 03301 PERVIOUS CAST -IN -PLACE CONCRETE GENERAL WORK INCLUDED A. Cast -in -place concrete, including formwork. RELATED WORK A. Section 02720 — Storm Drainage B. Section 03210— Reinforcing Steel C. Section 03300 — Cast In Place Concrete REFERENCES A. American Concrete Institute, Box 19150, Redford Station, Detroit, Michigan 48219 (latest revision). I . ACI 211.1: Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete. 2. ACI 211.2: Standard Practice for Selecting Proportions for Structural Lightweight Concrete. 3. ACI 211.3: Standard Practice for Selecting Proportions for No -Slump Concrete. 4. ACI 304R: Guide for Measuring, Mixing, Transporting, and Placing Concrete. 5. ACI 304.2R: Placing Concrete by Pumping Method. 6. ACI 304.3R: High Density Concrete: Measuring, Mixing, Transporting and Placing. 7. ACI 304.4R: Placing Concrete with Belt Conveyors. 8. ACI 306R: Cold Weather Concreting. 9. ACI 309: Standard Practice for Consolidating of Concrete. 10. ACI 309.2R: Identification and Control of Consolidation -Related Surface Defects in Formed Concrete. 91. ACI 347: Recommended Practice for Concrete Formwork. FY0I2142 Drake Field Trench. Drain 03301- 1 B. American Society of Testing for Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103 (latest revision). I. ASTM C33: Specification for Concrete Aggregates. 2. ASTM C150: Specifications for Portland Cement. 3. ASTM E329: Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.4 1.5 SUBMITTALS A. Provide the following in accordance with Section 01300. 1. Concrete mix design. 2. Certification for aggregate quality. 3. Mill tests for cement. 4. Materials and methods for curing. 5. Testing agency to perform services required in ACI 301, Section 167. 6. Laboratory test on concrete. QUALITY ASSURANCE A. Inspection: Engineer shall have access and rights to inspect batch plants, cement mills, and facilities of suppliers, manufacturers, and subcontractors providing products specified. B. Batch Plant: I. Certification: Current certification that weighing scales have been tested and are within tolerances as set forth in National Bureau of Standards Handbook No. 44. 2. Equipment: Semi -automatic or fully automatic. C. Perform work in accordance with ACI 301. D. Obtain materials from same source throughout the work. PART 2. PRODUCTS 2.1 CEMENT A. Portland cement Type I and Type II conforming to ASTM C150. Type I most common uses: Pavement, drainage structures, water treatment plants, and buildings. FY012142 Drake Field Trench Drain 03301-2 2.2 2.3 2.4 2.5 WATER A. Clean and free from oil, acid, alkali, organic matter, or other deleterious substances. B. Potable. CONCRETE AGGREGATES A. General: 1. Natural aggregates, well graded, free from deleterious coatings and organic materials conforming to ASTM C33 (latest revision). 2. Import non -reactive aggregates if local aggregates are reactive. (Appendix XI-ASTM C33). 3. Wash aggregates uniformly before use. 4. Other aggregate gradations can be approved by Engineer. B. Fine Aggregates: Not Used C. Coarse Aggregates: 1. Natural gravel, crushed gravel, crushed stone, or combination of these materials. 2. Less than 15 percent float or elongated particles (long dimension >5 times short dimension). D. Grading Requirements for Course Aggregates: Sieve Size or Size in in Inches ASTM No. 8 3/4" --- 1 /2" 100% Passing 3/8" 85 - 100% Passing No. 4 10- 30% Passing No. 8 0- 10% Passing No. 16 0-5% Passing E. Grading Requirements for Fine Aggregates: NOT USED (Fines are not desired for Pervious / Porous Concrete.) CONCRETE AIR -ENTRAINING ADMIXTURES - NOT USED ADMIXTURES - NOT USED FY012142 Drake Field Trench. Drain 03301-3 2.6 2.7 2.8 2.9 2.10 2.11 FORMS A. Pervious Concrete shall be formed by the trench limits specified on the plans where asphalt is sawcut and removed. Asphalt sawcut edges shall be in straight uniform line and trench width between sawcuts shall be uniform. B. The existing pier cap dimensions at foundation supports shall be the form for the Pervious Concrete placement and shall not be altered. FORM TIES:NOT USED BONDING AGENT: NOT USED BOND BREAKER: NOT USED CURING COMPOUND: A. Curing and Sealing Compound: 1. Clear styrene acrylate type, minimum 30 percent solids content. 2. Test data from an independent testing laboratory indication a maximum moisture loss of 0.030 grams per sq. cm when applied at a coverage rate of 300 sq. ft. per gallon. 3. Submit manufacturer's certification. 4. Sodium silicate compounds are not permitted. 5. Manufacturer: a. Super Rez Seal or Super Pliocure by the Euclid Chemical Co. b. Masterkure 30 by Master Builders. B. Exposed Concrete Surfaces: 1. Manufacturer: a. Kurez DR by Euclid Chemical Company. b. Approved equal to item "a" listed above. 2. Dissipating resin type compound. 3. ASTM C309. 4. Film must chemically break down in 6- to 8 -week period. BONDING AND REPAIR MATERIALS: NOT USED FY012142 Drake Field Trench Drain 03301- 4 ' I I J I [1 [J I H Li [1 I I I PART 3. EXECUTION 3.1 DESIGN OF CONCRETE MIX A. Submit mix design on each class of concrete for review, include standard deviation analysis or trial mixture test data. B. Proportion mix design in accordance with ACI 318-89, Section 5.3, "Proportioning on the Basis of Field Experience and/or Trial Mixtures". C. Do not place concrete prior to receipt of Engineer's written approval of mixes and cylinder test results. D. Design mix and perform tests to meet the requirements as specified. LOCATION 28 -DAY W/C AIR SLUMP COARSE CEMENT WATER PERCOLATION STRENGTH RATIO CONTENT RANGE AGGREGATE CONTENT CONTENT RANGE (IN.) CONTENT Pervious Surface 1000 psi .35-.43 23-29% N/A 2520 Ib/cy 415 Ib/cy 145 Ib/cy 10-40 in./min. Course E. Minimum Cement Content (based on aggregate size): Minimum Cement Content 415 Ib/cy Maximum Aggregate Size 1/2 -inch F. Combined Aggregate Gradings: 1. Aggregates for concrete shall be combined in proportions that will provide a mixture within the grading limits in accordance with this Section, unless otherwise approved in writing by Engineer. 3.2 MEASUREMENT OF MATERIALS AND MIXING A. Conform to ACI 304 current edition; specified requirements for mix design, testing, and quality control; and to other requirements of these Specifications. 3.3 RETEMPERING A. Re -tempering of concrete or mortar in which the cement has partially hydrated will not be ' permitted. Re -dosage with the specified high -range water -reducing admixture (superplasticizer) may be done with the prior approval of the Engineer regarding dosage and time periods. 3.4 FORMS - MAXIMUM SIZE OF CONCRETE PLACEMENTS: NOT USED FYOI2142 Drake Field Trench Drain 03301-5 I 3.5 FORM TIES: NOT USED 3.6 PLACING CONCRETE - GENERAL ' A. Do not place concrete without Engineer being present. B. Allow other trades reasonable time to complete portions of work which must be completed before concrete is placed. C. Notify Engineer 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. D. Review curing methods with Engineer and verify curing materials and equipment are at Project site. E. Placement shall conform to requirements and recommendations of ACI 304 and ACI 318, except as modified in these Specifications. F. Place concrete as soon as possible after leaving mixer in layers not over 8 -inches deep: 1. Without segregation or loss of ingredients. 2. Without splashing existing structures. G. Vertical Free Fall Drop to Final Placement: 1. Concrete shall not be dropped freely where reinforcing will cause segregation. 2. Not to exceed 10 feet for concrete containing high -range water -reducing admixture (superplasticizer). 3. Not to exceed 5 feet for other concrete. H. Do not use concrete truck chutes, pipes, finishing tools, etc., constructed of aluminum. I. Before depositing concrete: 1. Remove debris from space to be occupied by concrete. 2. Dampen: a. Gravel fill beneath slabs on ground. b. Wood forms. 3.7 ADDITION OF WATER AT PROJECT SITE A. Do not add water to concrete at Project site. ' B. With the Engineer's approval, add water to concrete arriving at Project site provided it can be demonstrated that the specified water -cement ratio will not be exceeded. I FY012142 Drake Field Trench Drain 03301-6 , I 1 C. Water/Cement Ratio 1. Concrete subject to freezing and thawing: Maximum water/cement ratio of 0.43, with compressive strength of 1000 psi at 28 days or more. D. The following tests will be required from each truck to which water has been added at Project site: 3 cylinders and I slump, slump test when requested by the Engineer. Costs for these tests shall be the full responsibility of the Contractor and shall be withheld from the monthly payment estimate. 3.8 CONVEYING A. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of materials. B. Conveying equipment shall be capable of providing a supply of concrete at the site of placement without interruptions sufficient to permit loss of plasticity between successive ' increments. 3.9 CONSOLIDATION AND VISUAL OBSERVATION A. Concrete shall not be consolidated with internal vibrators. B. Coarse Aggregate on top after placement shall be properly seated to reduce ravelling of the surface. Properly seated aggregate shall allow percolation in the ranges specified in section 3.1D. ' C. Over Consolidation will not permit percolation and is not acceptable. 3.10 PLACING CONCRETE IN HOT WEATHER - NOT USED ' 3.11 PLACING CONCRETE IN COLD WEATHER (ACI 306R-78) A. Preparation: II) Follow recommendations in Cold Weather Concreting, ACI 306. 2) Additives for the sole purpose of providing freeze protection shall not be used. 3) Arrangements for covering, insulating, housing, or steam heating newly -placed t concrete shall be made in advance of placement and shall be adequate to maintain temperature and moisture conditions recommended. 4) Temperatures of concrete mix shall be as shown as follows for various stages of mixing and placing of concrete mix: I C IFY012142 Drake Field Trench Drain 03301-7 Section Size, Minimum Dimension Air 12 in.- 36 in. - Temperature 12 in. 36 in. 72 in. 72 in. Minimum concrete temperature as mixed for indicated weather: Above 30°F 60°F 55°F 50°F 45°F 0°F to 30°F 65°F 60°F 55°F 50°F Below 0°F 70°F 65°F 60°F 55°F Maximum allowable gradual temperature drop in first 24 hours after end of protection: 50°F 40°F 30°F 20°F B. Placement: 1) Surfaces to be in contact with concrete shall be free of snow, ice, and frost and shall be above 40 degrees F. 2) Do not place concrete on frozen subgrade. 3) Placement of insulating material, tarpaulins, or other movable coverings shall follow closely the placing of concrete so that only a few feet of concrete are exposed to outside air at anytime. C. Curing and Protection: 1) Keep concrete continuously moist and maintain concrete temperature at a minimum of 50 degrees F. for 7 days; temperature shall be uniform throughout concrete. If high early strength concrete is used, this temperature requirement may be reduced to 3 days. 2) It is recommended to leave forms in place for the entire period of protection; use insulated blankets or other approved method on slab surfaces. 3) Limit rapid temperature changes at end of protection period to avoid thermal cracking. 3.12 3.13 BONDING TO CONCRETE SURFACES: NOT USED 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: B. Testing Responsibilities: 1)b Contractor: c. Collect, label, and handle test specimens at Project site. d. Provide adequate facilities for safe storage, curing, and protection for first 24 hours and for additional time as may be required before transporting to test lab. e. Deliver test specimens to laboratory. f. Pay for initial testing. FY012142 Drake Field Trench Drain 03301- 8 ' I 1 1 1 1 3.14 3.15 1 1 1 g. Pay for failed tests and additional testing resulting from failed tests or Contractor preference. C. Number of test cylinders 1) Set of cylinders: Three (3). 2) Sample frequency: a. I set/class of concrete/50 cubic yards. b. I set/class of concrete/3000 square feet of wall or slab surface. c. 1 set/class of concrete/day. d. Whichever is greater. D. Laboratory shall test 3 cylinders for the 28 -day strength test. The test results should be the average strength of the 3 cylinders, except that if 1 cylinder shows obvious evidence of improper sampling, molding or testing, it should be discarded and the strengths of the other 2 cylinders averaged. If more than 1 cylinder shows defects, the test should be abandoned. PATCHING - GENERAL A. Prior to starting patching work, except as specified, obtain Engineer's approval of proposed patching techniques and mixes. REPAIR OF DEFECTIVE AREAS A. Definition: Concrete in place that does not conform to specified design strength, shapes, alignments, and elevations as shown on Drawings and contains surface defects. B. Evaluation and acceptance of concrete shall conform to ACI 318. C. With prior approval of Engineer, as to method and procedure, repair defective areas in conformance with ACI 301, Chapter 9, except that the specified bonding compound shall be used. D. The specified patching mortar may be used in lieu of the above -mentioned method when color match of adjacent concrete is not required. Prior approval of Engineer is required. E. Surface Repairs: I) Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Owner. 2) High Areas: Grind after concrete has cured at least 14 days. 3) Low Areas: a. Repair during or immediately after completion of surface finishing operations. b. Cut out low areas and replace with fresh concrete of same type and class as original concrete. c. Finish repaired areas to blend into adjacent concrete. 4) Defective Areas: ' FY012142 Drake Field Trench Drain 03301-9 I a. Cut out and replace with fresh concrete of same type and class as original concrete. b. Finish repaired areas to blend into adjacent concrete. 5) Make structural repairs with prior approval of Engineer, as to method and procedure, using the specified epoxy adhesive or epoxy mortar. Where epoxy injection procedures must be used, use an approved low viscosity epoxy made by the manufacturers previously specified. 6) Level floors for subsequent finishes by use of specified underlayment material. 7) Where required, level exposed floors by use of the specified self -leveling repair topping. 8) Repair methods not specified above may be used, subject to approval of Engineer. 3.16 BLOCKOUTS AT PIPES OR OTHER PENETRATIONS 3.17 CURING OF CONCRETE I [J I El NOT USED ' E. Follow recommendations in Standard Practice for Curing Concrete (ACI 308). F. Begin curing as soon as free water has disappeared from concrete surface after placing and finishing. G. Continue curing for at least 7 days without interruption. H. Curing Methods 1) Moisture -Cover Curing: a. Cover surface with plastic film (4 mil minimum) or approved thermal mats as soon as possible without marring the surface. Cover entire surface without wrinkles or holes. b. Traffic across surface is not permitted for a minimum of three (3) days. Cover trench with rigid span to permit access within hangars when necessary. c. Keep covered for curing a minimum of seven (7) days. I. Cold -Weather Curing: 1) Use moisture -cover curing or liquid membrane -forming compound as approved. 2) Protect concrete from temperature changes in accordance with ACI 306. 3.18 PAYMENT A. No separate payment will be made of reinforcing steel. END OF SECTION C I I I I I I I C1 FY012142 Drake Field Trench Drain 03301- 10 ' SECTION 07900 JOINT SEALERS PART 1 1.1 1.2 1.3 1.4 1.5 GENERAL SUMMARY A. Provide sealants for repairs to or construction of buildings and structures. 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). �7��l�r:n►1C•7w1►[f1 A. Deliver sealants to the job site in sealed containers, each bearing manufacturer's name and product designation. FYOI2142 Drake Field Trench Drain 07900- 1 I 2.1 2.2 2.3 2.4 2.5 2.6 PART 2. PRODUCTS 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. 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. 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. METAL DOOR FRAMES, WINDOWS, AND LOUVER FRAMES A. One -part acrylic polymeric sealant conforming to Federal Specification TT -S-00230, N/S; Pecora 60 Plus Unicrylic; Tremco Mono; or equal. Color for both sides of framing shall be bronze for exterior applications; interior metal door frames, both sides, shall be white or match the color of door frame. 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. MILLWORK APPLICATIONS A. One -part acrylic latex polymer, paintable, N/S; as manufactured by Pecora; Tremco; or equal. Color shall be white. I L L L I I I J I H I I J J J H I FY012142 Drake Field Trench Drain 07900 -2 , 2.7 BACKUP MATERIAL 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. �: : � ►7�Ii7:7:7:I:�:��1:7 A. As recommended by sealant manufacturer. 2.9 PRIMER A. As recommended by sealant manufacturer. PART 3. EXECUTION 3.1 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. 3.2 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. 3.3 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 FY012142 Drake Field Trench Drain 07900- 3 I I I I H H I I I I I'H I I I I I APPENDIX A Arkansas State Licensing Law for Contractors I H I • Arkansas State ' Licensing Law For Contractors ' Act 150 of 1965 J LII LJ I iI 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 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 of 1987 26 of 1989 795 of 1989 856 of 1993 553 of 1995 335 of 1997 378 of 1997 An Act to Recodifv the Provisions of Act 124, Approved February 24, 1939, and Act 217, Approved March 20, 1945. and Act 153, Approved February 23, 1951 and regulating the Practice of Contracting in the State of Arkansas; to Fix Maximum Salaries and Establish Qualifications for Employees of the Board and to Limit the Number of Employees to be employed by the Board. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: CHAPTER 25 CONTRACTORS Subchapter I - 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- I H I I I I I I I I supervisory capacity or otherwise, or manages the construction. erection, alteration, or repair, or has or have constructed. erected, altered, or repaired, under his, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more. However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his own or its own property, such action shall not result in the person or entity being required to obtain a license, but the person or entity must comply with all other provisions of this subchapter. (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 contractor's license for the work being performed by the subcontractor. §17-25-102 Exemptions The following shall be exempted from the provisions of this chapter: (1) The practice of contracting as defined in §17-25-101 , by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city 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 -2- n I misdemeanor and shall be liable Co a tine 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) (I) (A) Any contractor who, after notice and hearing, is found by the Contractors Licensing Board to have violated or used a contractor in violation of, this section shall pay to the board a civil penalty of not less than one hundred dollars (5100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed -3- 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%) per annum, shall be paid to the Contractors Licensing Board before the contractor cm 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 sectiolt 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 a judgment 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 abatemenL 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, ' ' §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 seated 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 ocher principal place of business in Arkansas. (B) At least one (I) 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 L I I I I I CI H I 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 ccrtifitate 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 (550.00) 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 (I) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on it 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. 1 I I (d) Due notice of each meeting and the time and place thereof shall be given to each member in such manner as the bylaws shall provide. (c) Three (3) members of the board shall constitute a quonan. (t) The board shall 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 arc 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. I • (b) The secretary shall keep a register of all applications for license showing for each: (I) The date of application, name, qualification. place of business, place of residence; (2) Whether the license was granted or refused; (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing. (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including transcripts of proceedings, under the seal of the board and attested by its secretary, shall be received in evidence in all courts of the state in lieu of the original. (d) A roster showing the names and places of business and of residence of all licensed contractors shall be prepared by the secretary of the board as soon as convenient during the month of August of each year. The roster shall be ordered printed by the board and paid for out of the funds appropriated for the operation of this chapter. (e) On or before August 1 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. (0 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, firm, or corporation named therein is entitled to all of the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired. (b) (1) 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, firm, 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) (I) Any person desiring to be licensed as a contractor in this state shall make and file with the board thirty (30) days prior to any regular or special meeting thereof, a written application on a form as may then be prescribed by the board, for examination by the board. The application shall be accompanied by payment in a sum to be determined by the board but not to exceed one hundred dollars ($100) 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 successfully completing any examination required. (b) Thereafter an annual renewal license fee to be determined by the board but not to exceed one hundred dollars (S100) 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 I I C I II I Li I I I I 1 I I 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. §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: (1) Experience; (2) Ability, (3) Character, (4) The manner of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other far 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) Elan application complies with the board's rules and regulations, then the applicant shall be entitled to an examination to determine the applicants 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 1200 -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 tinder this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within thirty (30) days after the date on which they were made. (c) A time and place for the hearing shall be fixed by the board and held in the City of Little Rock. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the amused by registered mail, at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing. then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractorss 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 contactor whose license has been revoked. (h) The board shall immediately notify the Secretary of -11- I 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 certificite 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 organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture arc licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. §17-25-312 Review Any party aggrieved by any decision of this board shall have the right to seek review thereof pursuant to the provisions of the Administrative Procedure Act, as amended, §25-15-201 cc seq. §17-25-313 License Requirements to Accompany Invitation to Bid All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter, or such portions thereof, as 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 Co 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. Li h I [1 P1 L I I -13- - , Jr, L-1 ARKANSAS STATE CONTRACTORS BOND LAW ACT 162 OF 1987 As Amended by: Act 487 of 1989 Act 783 of 1991 Act 37 of 1992 F Subchapter 4 - Contractors Bond 517-25-401 Definitions (a) (I) 'Contractor' shall include a, original, prime and general contractors and all subcontractors. It is defined to be an person, firm, joint venture, partnershi copartnership, association, corporation, or other organization engaged in the business o the construction, alteration, dismantling* demolition, or repairing of roads, bridges, viaducts, sewers, water and gas main streets, disposal plants, water filters, tanks* towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and g wells, water wells, pipelines, refinerie11 industrial or processing plants, chemical plants, power plants, electric, telephone, o 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 licensin 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 c� its own property or of a single-family residence or if the cost of the work to done, including, but not limited to, labor ar>♦ materials, is less than twenty thousand dollars ($20,000), the person or entity sh not be deemed a contractor under t chapter. Li -I- LJ 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: (1) In a penal sum of Ten Thousand Dollars ($10,000.00); (2) Payable to the State of Arkansas; • (3) Conditioned on the contractor complying with the tax laws of the Stale 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- § 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 t contractor or if deemed appropriate by the board or any committee thereof, should it determined that a violation exists, the be 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 subsequej violation of this subchapter may lose its contractors license for a period of one (I year. The board or committee may als issue an order to cease and desist the wort pending compliance. (c) Failure of a contractor to compi with the provisions of this subchapter sha� be grounds for revocation of any license issued to the contractor by the Contractor Licensing Board. (d) Enforcement of the bond fif requirements contained herein shall be t responsibility of the Contractors Licensing Board. ' (e) The board shall have the power to make such rules and regulations f enforcement as it may consider appropria and not in conflict with Arkansas law. 1 I -5- ' 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- 015 04 Document Reference Date RES 11/20/2001 City of Fayetteville Maintenance/Inquiry Item Action Ref. Taken Brief Description 155 CONSTRUCT TRENCH DRAINS/DRAKE - - - - - - - - - - - - - - - - - - - - - Keywords ..............: RES. 155-01 CONTRACT JOHN P. MARINONI MARINONI, JOHN P. $41,022.14 TRENCH DRAINS T -HANGAR RAMP DRAKE FIELD CONSTRUCT CO 3/19/2002 8:15:20 FIELD File Reference #......: DRAKE FIELD/2001 Security Class........: Retention Type: Expiration Date.......: **** Active **** Date for cont/Referred: Name Referred to......: Press Cmd 6 to Update Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. Res. 1,55-01 •RECEIVED NOV - 5 2001 DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on theJ day of November, 2001, by and between John P. Marinoni Construction Co. Inc. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perforn; all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Drake Field Trench Drains, dated August 2001. Advertisement for Bids Instructions to Bidders Unit Price Bid Notice of Award Contract Performance Bond Performance Bond Payment Bond Notice to Proceed General Conditions Supplementary Conditions Specifications Drawing - 2 sheets. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: ` Forty One Thousand Twenty Two and 14/100 dollars ($ 41,022.14) 3. The Work will be completed within 45 calendar days after the date when the Contract Time commences to run as provided in 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 witiin 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 One Hundred Dollars ($100.00) for each day that expires after the time specified in Paragraph 3 for Substantial Completion. 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 FY012142 Drake Field Trench Drain 00500- 1 S RE5.,65-0 VRIGINAL 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: CONTRACTOR By t,6 .. Ae ,VaoeW4 -..�_ CEb CITY OF FAYETTEVILLE, ARKANSAS OWNER By Mayor FY012142 Drake Field Trench Drain 00500 - 2 FAYETTEmLLE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY. MAYOR 4500 School Ave., Suite F Fayetteville, AR 72701 501.718.7842 AIRPORT MANAGEMENT GARY DUMAS, ENVIRONMENTAL SERVICES DIRECTOR I AIPRORT MANAGER INTERIM TO: Dan Coody, Mayor Fayetteville City Council Members FROM: Gary Dumas, Utility Services Director / Interim Airport Manager THRU: Staff Review Committee DATE: November 9, 2001 SUBJECT: Hangar Drainage E, F, & G Background: On September 13`', 2001 Bids were opened for this project. None of the bids were within the required 25% of Certified Funds for the project. Therefore, bids were rejected, revisions to the project were designed by engineers, and the project was re -bid. Bid Results: Bids were opened on November 1, 2001 for the revised project. Nine (9) companies submitted bids for the project. The low bid was submitted by Marinoni Construction - $41,022.14. This bid is well within the budgeted funds for the project. On November 1, 2001 the Airport Board made a recommendation to forward the contract with Marinoni Construction to the City Council for approval. Budget Considerations: Funds have been budgeted for this project. The State Department of Aeronautics has approved a grant for the project for 75% of the project cost. The remaining 25% of the cost will be expended from the Airport Fund. Requested Action: Staff requests that the City Council make a motion to accept the low bid and approve the contract with Marinoni Construction. GD/jn Attachments: Bid results Construction Contract C1 BID TAB McCLELLAND CONSULTING ENGINEERS, INC. FY012142 TRENCH DRAINS DRAKE FIELD Fayetteville, AR November 1, 2001, 10:00 A.M. CONTRACTOR TOTAL BASE BID Harrison Davis Construcion $67,385.00 Marinoni Construction $41,022.14 McClinton -Anchor $68,622.00 Township Builders, Inc. $126,285.00 Midland Construction $56,918.50 Tomlinson Asphalt $62,695.25 Asphalt Concrete Enterprises, Inc. $93,690.00 • . V O N• N N+ 3 V 0 N' N N+ Y • xxa s $ gg r I o � 2 m g J I g $ + -s•8 N owe °y rSi2 » o CO u8888�+S ME rS2i m tta x �z!^ 8s 888Ws2�0 < Z O Co > l x Z . Z °y co f! ZA + DD a Ny `SL1'SS 'Z N w z w N p8 p8 p8 p1p18pNJ r ii y8 p5 p8�pp$oyBy�J4z- {II 888888a O O O N O $ ♦ O O O k O O O S n CC) C {7 yMNIy ppNpp 88 y Jo 8 8pQ yMyy yYyy�1 YMyy J o 8$888882 c8 88 $8$8x213 nw pr y y y y ym' z p N 1 Z w 888888!An Z m 2f 2S ?886 J S 8gsss88g� S 8s2 n n cros cis «w Mw P »O 888 $$882ap w0 Yo N J z W M M N Y (� (% m N a+ !J U N x O D W yy Q z A o252ffi8J w� u o�N �iiNBuJ °z S 8 8888888UCP no 98 88,a yfi 88 888882 x v N C r U. w 8 88 88888$ . MCEMCCL,LAND • CONSUL TING DESIGNED TO SERVE! ENGINEERS, INC. November 6, 2001 Mr. Dale Frederick Airport Department City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: Trench Drains for T -Hangars Drake Field Dear Mr. Frederick: P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 501-443-9241 Enclosed please find four (4) copies of the Contract for the above referenced project for City approval at the Nov. 20"' City Council Meeting. If there are any questions regarding the Contract, please contact us. Sincerely, CONSULTING ENGINEERS, INC. .E. Vice Enclosures: Contract (4 copies) \2001W12142Fcoaespped&ceFpndencks-7108.wpd:wj STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW NOV,e �jy/ a02 O d _ GRANT REVIEW For the Fayetteville City Council meeting of-Navembet26. 2001 -------------- FROM: Gary Dumas Airport Name Division General Gvmt. Department ACTION REQUIRED: Request review and approval of a contract with John P. Marinoni Construction Co., Inc. to construct Trench Drains in the T -hangar ramp. They were the low bid out of seven for $41,022.14. A grant has been approved by the Arkansas State Aeronautics Commission and the City will be responsible for 25 % of the cost. A Budget Adjustment for funding of this project was approved by the City Council on July 3r° for $19,085. COST TO CITY: $41,022 ($30.767) State Grant Cost of this Request 5550 3960 5804.00 Account Number 98056 Project Number BUDGET REVIEW: A ctt! Budget Coordinator Category/Project Budget $ S,Lro4 Funds used to date $ Remaining Balance X Budgeted Item Administrative Services Director C NTRACT/ /LEASE REVIEW: I//IL/al Accounting Mana er Dat City Attom y Date Purchasing Officer Date Drake Field Trench Drains Category/Project Name Airport Capital Exp Program Name Airport Fund Budget Adjustment GRANTING AGENCY: Arkansas State Aeronautic Comm. ADA Coordinat r Date 1/1/3 Internal itor Date STAFF RECOMMENDATION: The Airport Board at their Nov. I" meeting recommended the contract be forwarded to the City Council for approval. Ijivi ion Head Date Cross Reference O I ��??PPa re t tflAr Daw New Item: Yes No l] r o eYnLti11 Zv U1 Prev.Ord/Res#: Administrative Services Director Date Orig Cont. Date: Mayor7��� A��V% ate O FAYETTEVtLE • THE CITY OF FAYETTEVILLE. ARKANSAS DAN COODY, MAYOR 4500 School Ava., Suits F Fayefwllk, AR 72701 501.77S.7M2 AIRPORT MANAGEMENT GARY DUMAS, ENVIRONMENTAL SERVICES DIRECTOR I AIPRORT MANAGER INTERIM TO: Dan Coody, Mayor Fayetteville City Council Members FROM: Gary Dumas, Utility Services Director / Interim Airport Manager THRU: Staff Review Committee DATE: November 9, 2001 SUBJECT: Hangar Drainage E, F, & G Background: On September 13", 2001 Bids were opened for this project. None of the bids were within the required 25% of Certified Funds for the project. Therefore, bids were rejected, revisions to the project were designed by engineers, and the project was re -bid. Bid Results: Bids were opened on November 1, 2001 for the revised project. Nine (9) companies submitted bids for the project. The low bid was submitted by Marinoni Construction - $41,022.14. This bid is well within the budgeted funds for the project. On November 1, 2001 the Airport Board made a recommendation to forward the contract with Marinoni Construction to the City Council for approval. Budget Considerations: Funds have been budgeted for this project. The State Department of Aeronautics has approved a grant for the project for 75% of the project cost. The remaining 25% of the cost will be expended from the Airport Fund. Requested Action: Staff requests that the City Council make a motion to accept the low bid and approve the contract with Marinoni Construction. GD/jn Attachments: Bid results Construction Contract S BID TAB McCLELLAND CONSULTING ENGINEERS, INC. FY012142 TRENCH DRAINS DRAKE FIELD Fayetteville, AR November 1, 2001, 10:00 A.M. CONTRACTOR TOTAL BASE BID Harrison Davis Construcion $67,385.00 Marinoni Construction $41,022.14 McClinton -Anchor $68,622.00 Township Builders, Inc. $126,285.00 Midland Construction $56,918.50 Tomlinson Asphalt $62,695.25 Asphalt Concrete Enterprises, Inc. $93,690.00 S • 88888883 M fl�Un !§�s■■a - ,■■a■a88 nun" ; --S & assesses . aaaaa,8 m ■-§§a|� §K ■■■§■§t § «!!�;§�.■ o lk;,■�- . Z XC ow , &8®2!`| 0raa,aaa| f| %§§■■2§5- zit#8a888 d8■■a■■@ a a■§■§§; ■■,§■ 2kk;;z§ § 0§ §( - s§ a■■##■m §=■seas■#■ ! §I © OC @■.a.aa■, 888888 ■ ■■■■■«#■§§■■® |;a■-�-2t 2`&�■,� ! �zg- ao ■7 04 «�- ■■.a■a� ,■■r■x888 §2§� �OG■a§■|a ff $aaE■||§ �)ktK� I,&�a,|■ �,&gas|& © - m,§-�.■ Vim,■---, E eu k| IJi �|kSi I! __ | `k i| !!I|!| !!! |kIk | k ` 2-..---- j-,..... MCCLELL ND MCECONSUL TING ors.CNro TO SERVE i ENGINEERS, INC. November 6, 2001 Mr. Dale Frederick Airport Department City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Trench Drains for T -Hangars Drake Field P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 501-443-9241 RECEIVED AIRPORT Enclosed please find four (4) copies of the Contract for the above referenced project for City approval at the Nov. 20th City Council Meeting. If there are any questions regarding the Contract, please contact us. TING ENGINEERS, INC. Contract (4 copies) McCLELLAND PO. Box 1229 CECONSUL TING Fayetteville, Arkansas 72702-1229 501-443-2377 O(SGN[D /O SERVE ENGINEERS INC. FAX 501-443-9241 November 6, 2001 Mr. Dale Frederick R ECEWE D Airport Department Cityof Fayetteville N O V 0 6 2001 113 West Mountain Fayetteville, AR 72701 AIRPORT Re: Trench Drains for T -Hangars Drake Field Dear Mr. Frederick: Enclosed please find four (4) copies of the Contract for the above referenced project for City approval at the Nov. 20"' City Council Meeting. If there are any questions regarding the Contract, please contact us. Sincerely, ENGINEERS, INC. Enclosures: Contract (4 copies) • WCEIWED NOV - 5 2001 DOCUMENT 00500 CONTRACT 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 Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Drake Field Trench Drains dated August 2001. Advertisement for Bids Instructions to Bidders Unit Price Bid Notice of Award Contract Performance Bond Performance Bond Payment Bond Notice to Proceed General Conditions Supplementary Conditions Specifications Drawing -2 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, in lawful money of the United States, the amount of: Forty One Thousand Twenty Two and 14/100 dollars ($41,022.14) 3. The Work will be completed within 45 calendar days after the date when the Contract Time commences to run as provided in Notice tq 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 One Hundred Dollars ($100.00) for each day that expires after the time specified in Paragraph 3 for Substantial Completion. 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 FY012142 Drake Field Trench Drain 00500 - I 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. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. 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: Clerk CONTRACTOR Byy/ ' iVgna.,. CEo Title CITY OF FAYETTEVILLE, ARKANSAS OWNER M Mayor FY012142 Drake Field Trench Drain 00500 - 2 0 STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 20. 2001 FROM: Gary Dumas Airport General Gvmt. Name Division Department ACTION REQUIRED: Request review and approval of a contract with John P. Marinoni Construction Co., Inc. to construct Trench Drains in the T -hangar ramp. They were the low bid out of seven for $41,022.14. A grant has been approved by the Arkansas State Aeronautics Commission and the City will be responsible for 25 % of the cost. A Budget Adjustment for funding of this project was approved by the City Council on July 3r° for $19,085. COST TO CITY: $41,022 ($30,767) State Grant Cost of this Request 5550 3960 5804.00 Account Number 98056 Project Number 76.340 Category/Project Budget $ -0- Funds used to date $ 76.340 Remaining Balance Drake Field Trench Drains Category/Project Name Airport Capital Exp Program Name Airport Fund BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANTILEASE REVIEW: GRANTING AGENCY: Arkansas State Aeronautic Comm. Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: The Airport Board at their Nov. 1" meeting recommended the contract be forwarded to the City Council for approval. Division Head Date Cross Reference Department Director Date New Item: Yes No Prev. Ord/Res#: Administrative Services Director Date Orig Cont. Date: Mayor Date STAFF REVIEW FORM Description: Meeting Date: N/A Contract with John P. Marinoni Constr. to construct trench drains on the T -hangar ramp Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: n FAYETTEV&LE S THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Gary Dumas, Utilities Services From: Heather Woodruff, City Clerk Date: November 27, 2001 Please find attached a copy of Resolution No. 155-01 awarding a construction contract to John P. Marinoni Construction Company, Inc. Three originals have been forwarded to James Nicholson at the Airport. The fourth original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit James Nicholson, Airport 015 09 Cit of Fayetteville 2/12/2002 Update Maintenance/Inquiry . 13:31:37 Document It Action Reference Date Ref. Taken Brief Description RES 11202001 155 CONSTRUCT TRENCH DRAINS/DRAKE FIELD Enter Keywords........: RES. 155-01 CONTRACT JOHN P. MARINONI CONSTRUCT CO MARINONI, JOHN P. $41i. 14 TRENCH DRAINS T -HANGAR RAMP DRAKE FIELD File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: **** Active * * Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No Cmd4-Delete (c) 1986-1992 Munimetrix Systems Corp. • CHANGE ORDER I Order No. Date: Agreement Date: November 20 2001 NAME OF PROJECT: Drake Trench Drain OWNER: City of Fayetteville (Alroort_De^artment) CONTRACTOR: Marinoni Construction Company The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Add Bid Item No. 8 for 65 L.F. of drainage pipe from T -Hangar "B" Sump Pit to Area Inlet. Add cost of $ 3,840.84 to contract. Justification: 1. Existing sump pump drain pipe discharges on the apron south of T- Hangar "B" and does not drain properly across the apron to area inlet resulting in ponding water on the apron near said T -Hangar. CONTRACT PRICE prior to this Change Order: Increase in Contract Price: Revised CONTRACT PRICE Including this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: Current Contract Completion Dates Including This Change Order: Completion Date: Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 14 calendar days. Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be re wired by the GENERAL CONDITIONS. Requested by: Recommended by: Approved by: Marinoni C struction Company Date:5"5 a z cClell d onsulting Engineers, Inc. Dater City of Fay evil Dat?/(/ D J:120011012142torteepx 1denceWo(er-l-uWd FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR 4500 School Ave.. Suite F Fayetteville, AR 72701 501.718.7642 AVIATION AND ECONOMIC DEVELOPMENT RAY M. BOUDREAUX, DIRECTOR TO: Dan Coody, Mayor THRU: Staff Review Commi e FROM: Ray M. Boudreaux, irector DATE: February 14, 2002 SUBJECT: T Hangar Trench Drain change order Background: This change order will allow the contractor to bury the sump pump discharge line at T Hangar "B". The water currently dumps directly on to the ramp and in the winter freezes and in the summer is a very large puddle. This project will connect the discharge line to a storm water catch basin nearby. Purpose: The purpose of this change order is to bury a sump pump discharge line Budget Considerations: Total cost for this change order is $3,840.84 and is a 75/25 grant from the State of Arkansas Department of Aeronautics. We have coordinated with the State for this change order and Richard Mills has indicated that there is no problem. This project is well below budget. Requested Action: Staff recommends the Mayor sign the attached change order. Total cost to the airport budget is $960.21. Attachments: Staff Review Form Change Order No. 1 cover letter and 4 copies of the change order. 3/? STAFF REVIEW FORM MICRO ILM D — AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A FROM: Ray M. Boudreaux Airport Aviation & Economic Development Name Division Department ACTION REQUIRED: Mayor's signature on the attached change order to the T Hangar Trench Drains Project. The change order will trench from the south end of T Hangar "B" to a storm water catch basin and allow the sump discharge line to be installed in the trench and dump directly into the drain instead of dumping onto the surface where it is either ice or a puddle most of the year. The sump fills with ground water and the pump keeps the sump dry as it houses the runway light conduits. C `•LT 8f3p1 g�A�c�na - �eJ. S ®go,s� TYZ R -s4 eNN% t?e11'5 Cost of this Request Category/Project Budget Catep�ory/Project Name _____39�o,S80y,ao $ Slit IRpct2f cay\r&l Account Number Funds used to date Program Name 9'80.5'6 I $ �14R l a__+__ Project Number Remaining Balance Fund E VIEW: Budgeted Item _Budget Adjustment Attached r Budget Manager Date Administrative Services Dir. Date CO^l_ O N�TRACT/G T/L�EASE REVIEW: D 4 is JJ�//w . 7/jy Q �f o L 0Y V d o cs Acco u g anger ate InternAl Audit Date GRANTIN AGE Y c3)1tJ Ze OZ City Attor4ey Date ADA Coordinator Date Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Recommend Mayor sign Change Order. Date Cross Reference Date New Item: Yes No Z/©Z Prev.Ord/Res#: Date Orig Cont. Date: O I Orig Cont #: S/g Date STAFF REVIEW FORM Page 2 Meeting Date: N/A Description: Change order to T Hangar Trench Drain Project. Comments: Budget Manager Reference Comments: Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: Internal Auditor Reference Comments ADA Coordinator Reference Comments: Grants Coordinator Reference Comments: FAYETTEV1tLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Ray Boudreaux, Airport Manager From: Heather Woodruff, City Clerk Date: April 2, 2002 Attached is a copy of the completed staff review form and signed change order with Marinoni Construction regarding the Trench Drain Project. I am also returning three originals to you. One original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit vv f. 1 f n \.. /I . • r v ": m r ..• r • a. , I ♦ v II IY • , v ..I, I. :IF .. ..:. "'.. • I 4. I r L ✓. rl v(R. 1.. 1 "n L.. 5... { . I , "n rvII ♦:ry , f IL' yr I Y.Y /I , ♦ F, ,. ,1 I.. 5 4 4 i r n /a4 a I '• r r IP i r N ,:..': I,. 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