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HomeMy WebLinkAbout110-04 RESOLUTIONRESOLUTION NO.110-04 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC:, McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $607-,078.90 TO CONSTRUCT TAXIWAYS "A" AND "E" EXTENSIONS AT THE FAYETTEVILLE MUNCIPAL AIRPORT; AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY OF $60,708.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $607,078.90 to construct the Taxiways "A" and "E" extensions at the Fayetteville Municipal Airport. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency of $60,708.00. PASSED and APPROVED this 20th day of July 2004 ATTEST: S •A e'_ :FAYETTEVILLE: &' :s. . o;;yGTos By: 044_4 4.J.1 M►.T ic- SONDRA SMITH, City Clerk APPROVED: By D ' N COODY, Mayo • • • CONTRACT THIS AGREEMENT, made and entered into on the day of jury 2004, by and between McClinton -Anchor, a Division of APAC, herein called the Contractor, and the City of Fayetteville: WITNESSETH: That McClinton -Anchor, a Division of APAC, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That McClinton -Anchor, a Division of APAC, shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: Taxiway "A" Extension and Taxiway "E", Fayetteville Municipal Airport, Drake Field, June 2004 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 14 Sheets 2. That the City of Fayetteville hereby agrees to pay to McClinton -Anchor, a Division of APAC 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 Six Hundred Seven Thousand, Seventy -Eight & 90/100 Dollars ($607,078.90). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time confluences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: City of Fayetteville and McClinton -Anchor, a Division of APAC, recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified 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 City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and McClinton -Anchor, a Division of APAC, agree that as liquidated damages for delay (but not as a penalty) McClinton -Anchor, a Division of APAC, shall pay City of Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. • That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to McClinton -Anchor, a Division of APAC, on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by McClinton -Anchor, a Division of APAC, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville 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 City of Fayetteville. 6. That upon submission by McClinton -Anchor, a Division of APAC, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by McClinton - Anchor, a Division of APAC, in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by McClinton -Anchor, a Division of APAC, of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 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 City of Fayetteville 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 ofthe work, McClinton - Anchor, a Division of APAC, shall, at its expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to McClinton -Anchor, a Division of APAC, 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 City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville 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 counterparts be deemed an original Contract. SEAL WITNESSES: McClinton -Anchor, a Division of APAC Title E °v: •7 FAYE77EVILLE ATTEST:5: %� Clerk CITY OF FAYETTEVILLE aye ey.Si le Staff Review Memorandum • MIS OA ed1 4t /Me £'1 /ntow -44 //OI TO: THRU: FROM: DATE SUBJECT: Dan Coody, Mayor Staff Review Com Ray M. Boudreaux, D December 13, 2004 CO #1 APAC McClinton Anchor, Taxiway A Development Phase 11 4LLL 1/401454)104g Recommendation Airport Staff recommends approval of a Change Order #1, in the amount of -$80.50 (reduction). Background: The project under construction is the "Taxiway A Extension project, Phase II", which will construct an extension to taxiway "E" and "A" connecting the South parking ramp area for the USDA Forest Service Fire Base to runway access. The project is pnmanly funded with DOT/FAA and Forest Service resources with the City providing a small amount of local match funds. Discussion: The Change Order adjusts matenal quantities, and adds an additional length of saw cut of taxiway edge. Budget Considerations: There is no budget effect at this time. The Change Order is a net reduction to the contract amount. • RB/jn Attachments: CO #1, (1) original AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM - FINANCIAL O411 BGATION Taxiway Extension II APAC Div McClinton Anchor Change Order #1 For the Fayetteville City Council Meeting of: NA FROM: Ray M. Boudreaux Name Aviation & Economic Development General Government Division Department ACTION REQUIRED: Review and approve CO #1, in the amount of -$80.50 (reduction) with McClinton -Anchor Division of APAC Arkansas Inc., PO Box 1367, Fayetteville, AR 72702-1367, phone: 521-3550, fax: 521-2826, on the Taxiway A Development - Phase II project at Fayetteville Municipal Airport, Drake Field. Forward to the Mayor for signature. COST TO CITY: ($80.50) $ 1,320,000.00 Taxiway A Development Phase II Cost of this request Category/Project Budget Program Category / Project Name 5550.3960.7820.32 $ 692,039.00 Airport Capital Account Number Funds Used to Date Program / Project Category Name 04025.1 $ 627,961.00 Airport Project Number Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item Budget Manager Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date Internal Auditor Date Wel City Attorn y ate Purchasing Manager Date STAFF RECOMMENDATION: n Hea • Department Director Finance a Internal Services Dir. inist -tive 0 icer Date Date Date Date e Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: 7/20/2004 (Z////0( (i y0# Orig. Contract Number: #956 New Item: Yes No X Description • Staff Review Form - PageIII CO #1- McClinton Anchor Taxiway A Phase II Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Meeting Date NA Reference Comments: a e evl Y l ARKANSAS e • City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_c Jerk®ci.fayettevi I le.ar. us DEPARTMENTAL CORRESPONDENCE To: From: Date: Re: Ray Boudreaux Aviation & Economic Development Clarice Buffalohead-Pearman City Clerk Division December 17, 2004 APAC/McC li nton-Anchor I have attached a copy of Change Order No. 2 with above mentioned company. I have secured the appropriate signatures. The change order will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc Internal Auditor • CHANGE ORDER • Order No. Date: Agreement Date: NAME OF PROJECT: Taxiway "A" Extension and Taxiway "E" 1 November 22 , 2004 July 20 2004 OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc., McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Reduce the Quantity for Bid Item No. 1-7 for Undercut and Backfill from 1500 CY to 1430 CY at $18.65 per CY. Deduct cost of $ 1,305.50 from contract. 2. Add Bid Item No 1-33 for Saw cut of Asphalt Taxiway Edge 8" deep for 250 LF at $4.90 per LF. Add cost of $1,225.00 to contract. Justification: 1. This item was not required in the amount estimated. 2. This item is needed to provide for a straight edge joint of the concrete Taxiway "E" to existing asphalt Runway. CONTRACT PRICE prior to this Change Order: Decrease 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 0 calendar days. $ 607,078.90 $ ( 80.50) $ 606 998.40 150 Calendar Days 0 Calendar Days January 18, 2004 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 required by,he GENERAL CONDITIONS. Arrau./ 24. ///3% $ A'PAC>4rkansas, Inc., McCIAnchor Division Date Requested by: Recommended by: Approved by: (i) I d Con tin City ,FayetteviI J:\2004\042110\correspondence\c-order-1.wpd i gineers, Inc. / Z2 -OU ate 7 ek4 • CITY COUNCIL AGENDA MEMO o4- City Council Meetinj July 20, 2004 7/' , Agenda Item Number: //0 /Y%t0mol r/ 'rX t wily A' TO: Mayor and City Council THRU: Staff Contract Review C FROM: Ray M. Boudreaux, Director, Aviation an s ' conomic Development DATE: July 1, 2004 SUBJECT: Approval of contract to construct Taxiway "A" and Taxiway "E" extensions at the Fayetteville Municipal Airport, Drake Field with the McClinton -Anchor Division of APAC Arkansas Inc. RECOMMENDATION: Approve award of construction contract with the McClinton -Anchor Division of APAC Arkansas for $607,078.90 and a 10% contingency of $60,708.00 to construct Taxiway A and E extensions. BACKGROUND: In previous action, the City Council approved Task Order #4 with McCLelland Consulting Engineers to design, bid, and provide construction oversight and assistance with application to the FAA and State of Arkansas for support for the extension of Taxiway A" to the south and the construction of Taxiway "E" to join the runway to Taxiway "A". This project is in conjunction with the USDA Forrest Service Fire Base and will allow a secondary route from the runway to the loading and parking stations currently under construction by APAC Arkansas. The FAA has notified the City of Fayetteville that funds are available for this project and that once acceptable bids are received, a grant award package will be forwarded to the City for approval and acceptance. Once accepted by the City Council, application will be made to the State for matching funds This project will be funded 95% FAA and 5% Arkansas Department of Aeronautics. DISCUSSION: This project is to extend Taxiway A to the south and to construct Taxiway E from the runway east to intersect with the extended Taxiway A. BUDGET IMPACT: This project is fully funded by the FAA and the State of Arkansas Department of Aeronautics. Attachments: Staff Review Form, Construction Contract Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $607,078.90 TO CONSTRUCT TAXIWAYS "A" AND "E" EXTENSIONS AT THE FAYETTEVILLE MUNCIPAL AIRPORT; AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY OF $6,708.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $607,078.90 to construct the Taxiways "A" and "E" extensions at the Fayetteville Muncipal Airport. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayette, krkansas hereby approves a ten percent (10%) project contingency f 408.00. ListA PASSED and APPROVED this 20'11 day of July »;2 APPRO By /. SO$.D A SMITH, City Clerk A`N COODY, Mayor STAFF VIEW FORM - FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW Taxiway A Extension Phase II GRANT REVIEW APAC Div McClinton Anchor For the Fayetteville City Council Meeting of: July 20, 2004 FROM: Ray M. Boudreaux Name Aviation & Economic Development General Govemment Division Department ACTION REQUIRED: A Resolution to approve a contract with McClinton -Anchor Division of APAC Arkansas Inc., PO Box 1367, Fayetteville, AR 72702-1367, phone: 521-3550, fax: 521-2826, to construct an Extension to Taxiway A & E at Fayetteville Municipal Airport, Drake Field. Approval of a 10% Project Contingency in the amount of $60,708.00. Forward to the Mayor for signature. COST TO CITY: $677,787.00 $ 1,320,000.00 Taxiway "A" Development Phase II Cost of this request Category/Project Budget Program Category / Project Name 5550.3960.7820.32 $ 84,110.00 Airport Capital Account Number Funds Used to Date Program / Project Category Name 04025.1 $ 1,235,890.00 General (Airport) Project Number Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item Budget Manager Date Budget Adjustment Attached CONT RF T/GRANT/LEASE REVIEW: LGc unting manager 2.6 7 Cit�t-y?1/4. Internal Auditor a 4N ate Purchasing Manager Date 1 -0 -of Date STAFF RECOMMENDATION: Depar men t Director Finance & I ternal Services Dir. Chief/Administ-.:tive Of icer AA , Mayor 41 Date D t 7- c-ogr Date 7-� a Dat ate Received in Mayor's Office Cross Reference: Previous Ord/Res#: #51-04 Orig. Contract Date: Orig. Contract Number: New Item: ate Q// Yes No X • CONSUL McCLELLTIAND NG Ntt ENGINEERS, INC 1 DESIGNED ID SERVE P.O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 FAX 479-443-9241 July 2, 2004 Mr Ray Boudreaux Airport Manager Fayetteville Municipal Airport 4500 So School Street, Suite F Fayetteville, AR 72701 RE: Recommendation to Award the Construction Contract Taxiways "A" and "E" Extension Dear Mr. Boudreaux: Reference is made to the July 1st bid opening for the City's proposed project to extend Taxiways "A" and "E". As you know, we received two bids, both of which were below the Engineer's estimate and within the amount of money that the City has budgeted for the job. The certified Bid Tabulation transmitted herewith venfies the accuracy of the bids submitted by the prospective contractors. The lowest bidder was, therefore, McClinton -Anchor, a Division of APAC, with a Total Base Bid of $607,078.90. . Because we have worked with this firm on multiple occasions, we recognize that this Contractor is capable of satisfactonly completing this project Also, importantly, the Contractor is appropnately licensed in the State of Arkansas. Therefore, we recommend that the City accept their bid and award the construction contract to McClinton -Anchor in the amount of $607,078.90. J:\ OC110ccarrespondence\Reconmendation to Award Contract.doc • • • Page 2 July 1, 2004 If/when the City makes a determination in this regard we will be happy to assist with the paperwork to move the project toward construction. Meanwhile, if you have questions or comments regarding the process or about our recommendation please let me know. We appreciate the opportunity to continue working with the City and we look forward to the successful completion of this project Sincerely, McClelland Consulting Engineers, Inc. Enclosure: Certified Bid Tabulation Copy: Ms. Peggy Vice, Purchasing Mgr., Fayetteville, 113 W. Mountain J: CO:T042110.correspondence \ Recommendation to Award Cantractdoc a a 0 m a mm �Z N_ t_ to 2 Z it D N A 0 O r r m C C) .'a 0 CO N— CO CO O N 0J A) CO N V I 26 N 01 N A N W N N— N N O -+ O -• CO -+ -A O) -+ 0) -+ W N -a 10 O CO V W (T A W N ' N A V VIAL SCIIEQULE 1 BID 1Maintenance of Traffic for Aircraft (Closed Airport) 1 12 -Way, 4 -Inch Electrical Duct Encased (W/24" Split Conduit) 14 -Way, 4 -Inch Electrical Duct Encased [2 -Inch Conduit for Lighting Cable I -Inch Conduit for Lighting Cable Lighting Cable, Counter and Cable Trench •n O n (1) > New Taxiway Sign (2 Panel) New Taxiway Light Base in Concrete 1New Medium Intensity Taxiway Lights Runway Light Removal [Trench and Excavation Safety System Pipe Underdrain System Black Outline Striping Taxiway Striping (Yellow) Seeding, Fertilizing and Mulching O Taxiway Joint Sealing 11 -Inch Portland Cement Concrete Pavement Crushed Aggregate Base Course Filter Fabric Barrier Straw Bale Barrier [Soil Stabilization Fabric Undercut and Embankment Backfill Topsoil Replacement (Plan Quantity) Select Borrow Embankment (Plan Quantity) Embankment from Excavation (Plan Quantity) Unclassified Excavation (Plan Quantity) Topsoil Removal (Plan Quantity) 1 Mobilization & Demobilization (Taxiway Extension) Description hird Party Insurance Coverage (Non Eligible) (Rider Amount) (p/� G Ny1 N > W m CD CD f9 100 1 200 2,200 na C 2,700 - N N co 31 � fT 00 2,400 (T 00 co N O -. O (V)1 2,800 �a1 O 100 6,250 tT 00 N O 4,400 (T 0 (T 00 _. A » IV O ' 0 LF 1 LF LF LF 1 HT1 m HT1 m STI m �f1 m HT1 m HT1 m LS LF LF C> < LS < TN r LF 1 sY 1 < < < < CY < N (0 �+ 01 co O O A O b O 44 fJ 01 (A CP (y N A CO V-• b O fp $1,817.00 N N Ch V CO O a 0 01 $7.85 $18.65 $13.85 C 1 a McClinton - Anchor CON 0) A O O A W V N C O CSO (0 (D 0 O O A C O ya A 01 C O A C O 6H N Oi A O O yi N V O O 69 (T N O O fA O IV O a A N 01 O EA N O O EA EA (T V 0 6A N A 0 fA N 01 EA N 69 N. O 44 A O 01 69 (O O 69 0) N N -A V N O a+ 01 CO 0 ya 69 OO N 0 O 9 a W CO V O W t..)t0 V O O 6q A y+ N O CO O fA 100.00n9$ 1 1 $785.00 1 $11,875.00 $24,675.00 00i co f0 O 0 O �+ 0) O N 0 O $21,875.00 $28,614.00 R (O a to a O V+ O V CO 0 V W CO V O �' N V A O -• ()) CO O 0 O N V N V V1 O 0 )) m O CO 0 O A A O 69 0t IV CO 0 O �I CO 0 O 64 69 N OD A O 60 CO V O EA N V O 0 O fA W O 0 O fA v O V Co O 49 C) W CO N O CO N O O O (p A O A 01 0 6A N V O O (01 O O (p (6Aqq CO 01 O -s A 01 6A A A N V 0 O O $285.00 49 0 O O 69 $18,500.00 $16.25 0013 ((00 01 O .(CO 01 O C Wilson Brothers N 0(pT1 0 O O W O O O O CO A 0 O O N V O O O 0 O O 6 9 co( O) O O 0 O O 0 O O 6A N O O 69 01 O 0 69 N O O 6, -) N O N W O (C)1 A 01 s IV O IV 01 0) (J1 O N 0t O 01 V 01 ,00)) O O A 0 $688,998.00 r 00'00gtz$ W O 0 baba O 001 ( -CMT 0 O $362.50 A A -CO 0 O O 69 a N COO O O $1,875.00 f {q CO 0 O 0 co 40 OD 0 O 669 (CTO 0 O 0 O a fA O O 0 co Wa A V N 0 O 49 A CO O O 0 co $11,400.001 $21,000.00 00•oo 'Zg$ Extended CO N _ 00D N V in O 69 W a 0 O O a CO 0 0 O 4/9 A 11 qs 0 O 0 O O N (T 0 co N 0) (NO1 O 0 O 69 N � CO 0 O W W ( NT O 0 O m O 0 O 01 00) 0 O N oe W (T b O A V 69 A 0 O co O 0 O co 0 0 O 01 O O 0 baba O 0 m a mm �Z N_ t_ to 2 Z it D N A 0 O r r m C C) .'a 0 • SA. 10 MCC -V.411 -0C% Anchor Tox:txrensior. RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $607,078.90 TO CONSTRUCT TAXIWAYS "A" AND "E" EXTENSIONS AT THE FAYETTEVILLE MUNCIPAL AIRPORT; AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY OF $60,708.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $607,078.90 to construct the Taxiways "A" and "E" extensions at the Fayetteville Muncipal Airport. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. �1 Section 2. That the City Council of the City c.,1_,Fay hereby approves a ten percent (10%) project contingencyff�$t0 PASSED and APPROVED this 20thday of July 2� 04. APPROV tfle, Arkansas 78.00 i A SMITH, City Clerk AN COODY, Mayor • McCLELLAND CONSULTING ENGINEERS, INC. 1810 N College Ave. P.O. Box 1229 FAVEr1EVUE AR 72702-1229 479/443-2277 479/443-9241 FAX RECFIVFD AUG : 5 2004 CITY OF FN r ETTEVILLE CITY CLERK'S OFFI®@ TRANSMITTAL McCLELLAND CONSULTING E DESIGNED m SERVE I ENGINEERS, INC To: City Clerk City of Fayetteville 113 W Mountain St. Fayetteville, AR 72701 DATE: August 5, 2004 ATTENTION: PROJECT NUMBER: FY042110 RE: Taxiway "A" and "E" Extensions Fayetteville. Municipal Airport WE ARE SENDING YOU: ❑ SHOP DRAWINGS ❑ COPY OF LETTER O SPECIFICATIONS ❑ PLANS ❑ PRINTS O SAMPLES ❑ FLOPPY DISK O CHANGE ORDER O FACSIMILE ® ATTACHED O UNDER SEPARATE COVER VIA COPIES DATE NO. DESCRIPTION 1 8-2-2004 Complete set of Contract Documents PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) O FOR APPROVAL El AS REQUESTED ❑ REVIEWED FOR GENERAL COMPLIANCE 0 RESUBMIT _ COPIES FOR APPROVAL O SUBMIT COPIES FOR DISTRIBUTION El FOR YOUR USE 0 FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS ❑ FOR YOUR INFORMATION ❑ FOR DISTRIBUTION REMARKS: . COPY TO: O RETURNED FOR CORRECTIONS O RETURN _ CORRECTED PRINTS BY: McCLELLAND CONSULTING ENGINEERS, INC. J:\2004\042110\correspondence\City ClerkTransmittal-0805.doc FAYETTENALLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE To: Ray Boudreaux Aviation & Economic Development From: Clarice Buffalohead-Pearman City Clerk Division Date: July 23, 2004 Re: Resolution No. 110-04 • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 The City Council passed a resolution, July 20, 2004, awarding Bid 04-49 to McClinton -Anchor Division to construct taxiways extension at the airport. This memo is confirmation that your office has pick up two of the three originals of the contract and a copy of the resolution. The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor MICROFILMED CONSTRUCTION SPECIFICATIONS FOR Taxiway "A" Extension and Taxiway "E" TO FAYETTEVILLE MUNICIPAL AIRPORT Drake Field FAYETTEVILLE, ARKANSAS BID NO. 04-49 AIP PROJECT NO. 3-05-0020-032-2004 FY042110 JUNE, 2004 Prepared By: `%%%%%%%%%%%%%%% c AT E r/Op%%%% =v : McCLELLAND - CONSULTING ENGINEERS, Inc. 9� No.24 cc,- 4S48 . %%% %%% McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377, Fax (479) 443-9241 slPEG\�‘L ARTI S 'Irl yr Ti D <i.j4 f,ri AL INEER irt Nc, 4532Cfrx11 NE .1'.`� Original Signature On Hie RECFn"s`C AUG 1, 5 2004 CITY OF FAY ETTEVILLE CITY CLERK'S OFFICE 12 1 1 1 CONSTRUCTION SPECIFICATIONS 1 ' Taxiway "A" Extension and Taxiway "E" FOR 1 TO 1 � FAYETTEVILLE 1 MUNICIPAL AIRPORT 1 Drake Field 1 FAYETTEVILLE, ARKANSAS ' BID NO. 04-49 AIP PROJECT NO. 3-05-0020-032-2004 1 FY042110 1 JUNE, 2004 Prepared By: Cosigned ]b Sarva 1 McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377, Fax (479) 443-9241 1 1 TABLE OF CONTENTS SECTION PAGE NO. Notice to Contractor 1-3 Instructions to Bidders 1-6 Proposal 1-11 Bid Bond 1-2 Notice of Award 1 Contract 1-2 Notice to Proceed 1 Performance and Payment Bond 1-2 2-2 Equal Employment Certification 1-2 Wage, Labor, EEO, & Safety Requirements 1-17 Federal Wage Decision 1-3 General Provisions (FAA Standards, as revised for this project) 1-61 Section 10. Definition of Terms 1-5 Section 20. Proposal Requirements and Conditions 6-9 Section 30. Award and Execution of Contract 10-11 Section 40. Scope of Work 12-15 Section 50. Control of Work 16-21 Section 60. Control of Materials 22-24 Section 70. Legal Relations and Responsibility to Public 25-32 Section 80. Prosecution and Progress 33-38 Section 90. Measurement and Payment 39-45 Section 100. Contractor Quality Control Program 46-52 Section 110. Method of Estimating Percentage of Material Within Specification Limits (PWL) 53-58 Special Provisions 1-22 General 1 Description of the Project 1 Coordination of the Work 1 Safety Requirements and Construction Procedures 1-6 TABLE OF CONTENTS (Continued) SECTION PAGE NO. Special Provisions (continued) 1-22 Identification of "Engineer" 6 Authority of Engineer 6-7 Limitations of the Engineers Responsibilities 7 Engineer's Visits to the Site 8 Contractor's Examination 8 Arrangement of Specifications and Plans 8-9 Workmen 9 Horseplay 9 Insurance 9-13 Subcontractors 13 Contractor's Routine Access to Site 13 Owner -Furnished Materials 13 Quality of Plans 13 Partial Acceptance 14 Progress Schedule 14 Contractor to Perform Construction Staking 14 Work Done Without Lines and Grades 14 Preservation of Monuments and Stakes 14 Other Contractors 15 Record Drawings 15 Publicity 15 Modifications and Waivers 15 Standards 15-16 Testing 16 Payment for Stored Materials 16 Cost of Plans and Specifications 17 Ownership of Engineering Data 17 Partial Sets of Plans and Specifications for Subcontractors 17 Damage to Existing Facilities 17 Reporting of Accidents 17 Pre -Construction Conference 17 Waterways 17 Safety and Security 17 Function of the Engineer and Relationship Between Engineer and Contractor 18-19 Contractor's Responsibility Regarding Special Application Materials and Products 19-20 Temporary Facilities 20-21 Permits, Licenses, Laws, Ordinances Regulations and Taxes 21-22 Excavation Safety 22 I I [J I SECTION FAA Standard Specifications TABLE OF CONTENTS (Continued) PAGE NO. P-152 Excavation and Embankment 1-7 P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 1-5 P-209 Crushed Aggregate Base Course 1-5 ' P-501 Portland Cement Concrete Pavement 1-25 P-605 Joint Sealing Filler 1-2 P-610 Structural Portland Cement Concrete 1-6 P-620 Runway and Taxiway Painting 1-3 • D-705 Pipe Underdrains for Airports 1-6 D-751 Manholes, Inlets and Headwalls 1-6 • T-901 Seeding 1-3 • T-904 Sodding 1-4 T-905 Topsoiling 1-3 T-908 Mulching 1-3 • L-108 Installation of Underground Cable for Airports 1-6 ' L -I10 Installation of Airport Underground Electrical Duct 1-3 L-125 Installation of Airport Lighting Systems 1-3 Soil Stabilization Fabric 1-2 I I n I I I H Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Safety Requirements Order SW 5200.5 "Buy American" Exclusion Products OSHA Standard for Excavation & Trenches Safety Program Arkansas State Contractors Bond Licensing Law Municipal Airport DBE Program I I NOTICE TO CONTRACTORS Bid No. 04-49 Notice is hereby given that in pursuance to an order of the City of Fayetteville, sealed bids will be received at the Purchasing Office or Room 306 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:00 a.m., on July 1, 2004, for the furnishing of all tools and labor, and the performance of work to be done in construction of Taxiway Improvements at ' Fayetteville Municipal Airport, Drake Field Work under this Contract shall include 11" concrete pavement, excavation, borrow, grading, taxiway lighting, joint sealing and seeding improvements necessary to complete the project. The location of the work is set out in the Plans and Specifications to be on file in the offices of McClelland Consulting Engineers, Inc.: P.O. Box 1229, 1810 N. College Avenue, Fayetteville, Arkansas. All bids will be opened and considered at a meeting, to be held in Room 326 at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at 2:05 p.m. local time, on July 1, 2004, and at such adjourned meetings thereafter as may be necessary. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of One hundred and twenty five dollars ($125.00), said payment not being refundable. Pertinent information and the detailed specifications will be furnished to suppliers at cost of reproduction. Bidders shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. ' Each bid must be accompanied by a surety bond (proposal guaranty) in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case the ' successful bidder fails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within fifteen (15) days from and after the date of the Notice of Award. The successful bidder will be required to furnish separate performance and payment bonds, in favor of the City of Fayetteville, Fayetteville, Arkansas, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the contract, if said contract exceeds $100,000. ' Notice is hereby given that the City of Fayetteville is an Equal Opportunity employer. Buy American Requirement. Unless otherwise approved by the FAA, the sponsor will not ' acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development for which funds are to be provided under the FAA grant. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. 1 Section 00030 - I I All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to Subcontract five (5) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder of this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. ' Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian Americans. The apparent successful bidder will be required to submit its information concerning ' the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract) and shall be submitted with the proposal. If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non -responsive. ' All references to the policy of the Department of Transportation (DOT) rule concerning disadvantaged business enterprises as defined in 49 CFR part 23 shall now mean the Fayetteville Municipal Airport Disadvantaged Business Enterprise Program in compliance to 49 CFR part 26. This program is a working document which will be submitted for final approval to the City Council and the Department of Transportation. The document is subject to amendment by the Federal Aviation Administration, the Department of Transportation, or the City of Fayetteville as necessary to enforce current regulations. Federal DOT regulations mandate that this document be effective as of October 1, 1999, and all provisions shall be applied to contractual obligation concerning the above referenced DOT -assisted project. This document is included as an Appendix. ' The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities deemed to be in the best interest of the Commission. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the Specifications. The successful bidder will be required to submit a Certification of Non -segregated Facilities prior ' to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and the Notice to Subcontractors appears in the Specifications. The attention of all bidders is called to the fact that any contractor or subcontractor on this project having 50 or more employees and who may be awarded a contract or subcontract of ' $50,000 or more will be required to maintain an Affirmative Action Program within 120 days of commencement of the contract. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for employment of minorities. IThe Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. I Section 00030 - 2 I 1 I Fl Li Li I 1 U Li 1 C1 I I I I The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. "Pursuant to Ark. Cod Annotated 22-9-203", the City of Fayetteville encourages all qualified small, minority and women services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project. The Bidder must supply all the information required by the proposal form. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. Bid No. 04-49 Peggy Vice Purchasing Officer City of Fayetteville Fayetteville, Arkansas Section 00030 - 3 I SECTION 00100 INSTRUCTIONS TO BIDDER PARAGRAPH NO./TITLE PAGE NO. 1. FORMAT........................................................................................................................... 1 2. SPECIFICATION LANGUAGE...................................................................................... 1 3. GENERAL DESCRIPTION OF THE PROJECT............................................................ I ' 4. QUALIFICATION OF BIDDERS.................................................................................... 1 5. DOCUMENT INTERPRETATION................................................................................. 1 6. BIDDER'S UNDERSTANDING...................................................................................... 2 7. PROJECT MANUAL & DRAWINGS............................................................................ 2 8. TYPE OF BID.................................................................................................................. 3 ' 9. PREPARATION OF BIDS.............................................................................................. 3 10. STATE AND LOCAL SALES AND USE TAXES......................................................... 4 11. SUBMISSION OF BIDS................................................................................................. 4 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS ....................................... 4 13. WITHDRAWAL OF BID................................................................................................ 4 ' 14. BID SECURITY............................................................................................................... 4 15. RETURN OF BID SECURITY........................................................................................ 5 16. AWARD OF CONTRACT............................................................................................... 5 ' 17. BASIS OF AWARD......................................................................................................... 6 18. EXECUTION OF CONTRACT .......... ....... .............. :....................... 6 ' 19. PERFORMANCE AND PAYMENT BONDS ...................................... .......................... 6 ' 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND........ ................... ........ 7 21. PERFORMANCE OF WORK BY CONTRACTOR....................................................... 7 22. TIME OF COMPLETION................................................................................................. 7 23. PROVIDING REQUIRED INSURANCE........................................................................ 8 ' 24. TRENCH AND EXCAVATION SAFETY SYSTEM.......................................................... 8 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND ................................. 8 26. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS ................................................... 8 I ' SECTION 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT ' The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. ' 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT ' A general description of the work to be done is contained in the ADVERTISEMENT FOR BIDS. ' The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF BIDDERS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract ' by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION ' The Contract Documents governing the work proposed herein consist of the Drawings and all ' material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said ' Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. Section 00100 - 1 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 nonbuming , requirements, permits, fees, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS , No return of Project Manual or Drawings is required and no refund will be made. The successful Bidder will be furnished two sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $100 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid. The total amount to be paid the ' Contractor shall be the total amount of the unit price items as adjusted based on quantities installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. 9. PREPARATION OF BIDS All blank spaces in the Bid form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. , Only one bid from any individual, firm, partnership, or corporation, under the same or different Section 00100-2 1 names, will be considered. Should it appear to the Owner that any Bidder is interested in more than ' one bid for work contemplated, all bids in which such Bidder is interested will be rejected. ' The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole ' proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power -of -attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 10. STATE AND LOCAL SALES AND USE TAXES Unless the Special Provisions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid form to separately itemize the tax. ' 11. 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 forms provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. Bids may not be submitted by FAX machines. ' 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID ' Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; ' it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. ' 13. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of Bid either by telegraphic ' or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO ' BIDDERS shall have elapsed. 14. BID SECURITY ' Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bids submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 60 ' Section 00100-3 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full , amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a , notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED AGENT of the Surety as licensed by the Arkansas Insurance Commissioner and in all ways complying with the laws of the , State of Arkansas. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. ' 16. AWARD OF CONTRACT ' Within 30 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SPECIAL PROVISIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated in the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the ' Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. I 17. BASIS OF AWARD If, at the time this Contract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT , The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and , deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. Section 00100-4 , The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. ' 19. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form ' bound herewith, each in the full amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the Work, and to cover ' all guarantees against defective workmanship or materials, or both, for a period of I year after the date of final acceptance of the Work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do ' business in the State of Arkansas, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to ' meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. ' The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. I I I I I I L. J 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. 21. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the client's advantage, the percentage of the Work required to be performed by the Contractor's own organization may be reduced; PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. Section 00100-5 22. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. The time allowed for the completion ofthe work is stated in the Proposal. 23. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the GENERAL ' PROVISIONS (amended in the SPECIAL PROVISIONS, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. 24. TRENCH AND EXCAVATION SAFETY SYSTEM ' In accordance with ACT 291 OF 1993 OF THE STATE OF ARKANSAS, Bidders must provide a separate price for trench and excavation safety programs in the space provided on the bid form. Failure to do so will subject the bidder to disqualifications. 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND , In accordance with Act 190 of 1993 of the State of Arkansas, subcontractors shall provide to the General Contractor a performance and payment bond if the conditions of Section 1 of Act 190 are applicable to the project. END OF SECTION ' I I I I I I Section 00100 - 6 , I I I n I I PROPOSAL TO DRAKE FIELD MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP 3-05-0020-032-2004 Project No. FY042110 Dated: JUNE 2004 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. ITo: City of Fayetteville I I I I I I I II I _, Address: 113 W. Mountain Fayetteville, Arkansas 72701 Project Title: Taxiway "A" Extension and Taxiway "E" Engineer's Project No.: FY042110 Date: JUlt 1 , ZOO9 Arkansas Contractor's License No.: ooii?g lmy Bidder: APAL • ARKAP)$AS r._'G. - ,4f tLINf..J-A.1GN•#2 DJ✓(Stor1 Zoo p.JoarM r3LocK crgcsr Address: rAYErre,,u.E, Aak,4'L4 7LZ701 Bidder's person to contact for additional information on this Proposal: Name: gp&D GRA4JV0PV Telephone: 'i 9- 5'gy'-33-w 1. BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is J:\2004\042110\Specs\00300.doc Section 00300 - 1 I I I I I I brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. The Bidder further agrees that he has exercised his own judgment and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. 2. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Proposal is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. 3. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of iinsurance, Payment Bond, and Performance Bond as specified in these Documents. 4. BID BOND Enclosed herewith is a bid bond for 59e of 810 dollars ($ ) which we agree the Owner may cash and retain as liquidated damages in the event of our failure to enter into contract for the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to ' Proceed issued by the Owner to the Contractor and shall complete the construction in all respects within 150 calendar days and shall comply with the schedule identified in SPECIAL PROVISIONS. ' 6. LIQUIDATED DAMAGES In the event the Bidder is awarded the Contract and shall fail to complete the work within the time ' limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner for all work awarded under the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents, plus any ' monies paid by the Owner to the Engineer for additional engineering and observation services associated with such delays. Liquidated damages shall be based upon actual cost to be borne by the Owner as a result of the work not being completed within the time stipulated in the Contract and agreed to by the Contractor. Such costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. J:\2004\042110\Specs\00300.doc Section 00300 - 2 iI 7. ADDENDA • ' The Bidder hereby acknowledges that he has received Addenda Nos. 1f o,J E A5 0 F }/oi fin... 8,- to these Specifications .1(Bidder insert No. of each Addendum received.) 8. UNIT PRICE BASE BID The Bidder agrees to accept as full payment for the work proposed herein the amount computed ' under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the Unit Prices represent a true measure of the labor and materials required to ' perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. 9. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid ' prices for the work. PROPOSALSCHDULE TAXIWAY "A" EXTENSION AND TAXIWAY "E" BID ITEMS ITEM APPROX. UNIT NO. OUANITY ITEM: PRICE EXTENDED ' I I LS Mobilization & Demobilization $ZQ,&1V.00 $j ,j'J. oo (Taxiway Extension) rwE-r,- EIOHr ruavf^wD SJx MJNDIQ.ED Four rEEd /dollars/LS (Words) 2 3500 CY Topsoil Removal (Plan Quantity) $ 6, 25 $ Z 1, S?5, DO S 1 K 4- Z oo Idollars/CY (Words) ' 3 1200 CY Unclassified Excavation (Plan Quantity) $ . 85 $ I C, 6 zo.00 T 1 RrcC .J F SS/Do /dollars/CY (Words) 4 3500 CY Embankment from Excavation $ _ S• 4 O $t o ■: (Plan Quantity) FiFreE0 mf ti/oo /dollars/CY (Words) 5 4400 CY Select Borrow Embankment (Plan Quantity) $ 1 S. }0 $691080. 0O r, r rEE,J tr � moo /dollars/CY (Words) 1:\2004\042110\Specs\00300.doc Section 00300 - 3 ITEM APPROX. UNIT NO. QUANTITY ITEM: PRICE: EXTENDED 6 2100 CY Topsoil Replacement (Plan Quantity) CLEVER) t'4S1oo /dollars/CY • (Words) ' 7 1500 CY Undercut and Embankment Backfill $________ 65 $V3 9}5.00 (Field Measured) gfalmsU-J d' 66/1 c0 /dollars/CY (Words) 8 6250 SY Soil Stabilization Fabric $ ( ,'7 0 $ ,, g 35 ca Or.1 a 'r' 9%tJ /dollars/SY (Words) ' 9 100 LF Straw Bale Barrier $_______ $ '4g 5.00 SEyEn) d• gs1bo /dollars/LF (Words) 10 1650 LF Filter Fabric Barrier $'-/.O5' $ 6 0 royA ol- 05/1OJ /dollars/LF (Words) 1: 11 2800 TN Crushed Aggregate Base Course $ $ S 200, 0O IJIr/E7�fibf� d. 0 0O /dollars/TN (Words) 12 4075 SY 11 -inch Portland Cement Concrete $'1'L S' s 'p3, / S. 57 O Pavement Fo RT`( 'rw o d- 5%O /dollars/SY ' (Words) 13 1 LS Taxiway Joint Sealing $ g, 9 90.00 $ g, 5 9 0.0 O C/GNrYpitj6 U &ogED th.Jfr1(/dollars/LS (Words) 14 20 SY Solid Sodding $ 0.15 $ 203.00 �E JJ r I''A a0 /dollars/SY (Words) 15 3.0 AC Seeding, Fertilizing and Mulching $ 2,SS t 80 $1. 613,`i0 rwrwfY FI✓E 4v.rDRED Fi p rY cEyEr' d' $°AOO /dollars/AC (Words) I 1:\2004\042110\Specs\00300.doc Section 00300-4 ITEM APPROX. UNIT NO. QUANTITY ITEM: PRICE: EXTENDED 16 1500 LF Taxiway Striping (Yellow) $ • 2-0 $ 1, 900.00 Or1E w 20/100 /dollars/LF (Words) 17 2400 LF Black Outline Striping $ 1• S $ 2/%t0.00 DrJE r 15/100 /dollars/LF (Words) 18 1500 LF Pipe Underdrain System $10.10 $ 5,100.00 0 j En) it Z loO /dollars/LF (Words) 19 1 LS Trench and Excavation Safety System $________Od $_________ t o°%oo £16HTEEr.J (ju.JoaeD SE✓6tJ1&dollars/LS (Words) 20 1 EA Runway Light Removal $111.00 $ (2�•. OO oo O.JE 14or1DaED TwesJT15E✓&/dollars/EA (Words) 21 31 EA New Medium Intensity Taxiway Lights $ 26`i•00 $ , /8`/. 00 jo FI✓ND,ED iICCreFft9v'%/dollars/EA (Words) 22 31 EA New Taxiway Light Base in Concrete $ L/l(• OO $ 2/%y /.OD ,u,z Fi✓1✓DitED ELE✓EIJ d•p°�po'dollars/EA (Words) 23 2 EA New Taxiway Sign $ Z, C1g1l• 0O $ 99y, Of% Twf^'r`/ FofA Muri04ED ,✓JU✓E IT SE✓E✓ t '/oo /dollars/EA (Words) 24 2 EA New Taxiway Sign (2 Panel) $ 3,1 12.00 $ 6J 34y, 00 %UJarr o, -)E HrnwaCO S_ cvctlrY fl.'y �'�j o o /dollars/Ea (Words) 25 1 EA Taxiway Hold Sign (3 Panels) $9,/9/.00 $ C/I /91.00 FoafY o.JE H✓wo2ED Ito* ( oNE o' /dollars/EA (Words) J:\2004\042110\Specs\00300.doc Section 00300 - 5 I I ITEM APPROX. UNIT NO. OUANTITY ITEM: PRICE: EXTENDED 26 2700 LF Lighting Cable, Counter and Cable Trench $ 5, 1O $ 0.00 It ✓ E I- 1 ° 00 /dollars/LF (Words) ' 27 250 LF I -Inch Conduit for Lighting Cable $1.35 $ 3 . S D I Obi& it 3s/o0 /dollars/LF (Words) 28 2200 LF 2 -inch Conduit for Lighting Cable $2./ 5 $ 1 30.00 ' Two d- / s/oo /dollars/LF (Words) 29 200 LF 4 -way, 4 -inch Electrical Duct Encased $ O, CEO $ 8,12O.OO ro i r -q d- 6%0 /dollars/LF (Words) 30 100 LF 2 -way, 4 -inch Electrical Duct Encased $ 2 • $ o (W/24" Split Conduit) r1 F fY rwo 8O0O /dollars/LF (Words) 31 1 LS Third Party Insurance Coverage (Non $ U s:00 $ S. OO Eligible) (Rider Amount) On/E //I-PaED FaoryFo* f ldo lars/LS (Words) 32 1 LS Maintenance of Traffic for Aircraft $ff,ic?'V $/0607' 00 (Closed Airport) f(.Fv(-' fl/ovJA..'D op( Nh.Dkcp ClrrY 1i/QEE /dollars/LS (Words) TOTAL SCHEDULE I BID (ITEMS I THROUGH 1-32) $ ,os. 90 The Bidder shall attach to this Proposal a copy of his General Liabilities Insurance Coverages in accordance with the requirements stated on page 10 of the Special Provisions. 11 J:\2004\042110\Specs\003o0.doc Section 00300 - 6 I I 11 I I I I I I I 11 I I I I I I 11. FAA REQUIREMENTS By submitting a proposal under this solicitation, except for those items listed by the officer or below or on a separate and clearly identified attachment to this proposal, the bidder certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American Steel and Manufactured Products or Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Bidders may obtain the lists of articles, materials, and supplies excepted from this provision in Appendix of these Documents. (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured products produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen, and suppliers in the performance of this contract, except those - (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality. (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The bidder shall complete the following statement by checking the appropriate space. The bidder has • has not _ participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. I J:\2004\042110\Specs\00300.doc Section 00300 - 7 The bidder has / has not submitted all compliance reports in connection with any such ' contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontractors. ' If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a ' compliance report on Standard Form 100, "Employee Information Report EEO -1" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: ' Joint Reporting Committee 1800 G Street Washington, DC 20506 The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontractors. Where the bidder/offeror/contractor/or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that is: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representative (USTR). b. has not knowingly entered into any contract or subcontract for this project ' with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. ' c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. ' Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 40 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to ' certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the ' Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier ' subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. J:\2004\042110\Specs\00300.doc Section 00300 - 8 41 The contractor shall provide immediate written notice to the sponsor if the contractor learns that its L certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed ' circumstances. This certification is a material representation of fact upon which reliance was placed when making ' the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent 'person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of ' America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. I 12. EXPERIENCE OF BIDDER The Bidder states that he is an experienced Airport 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.) 1 13. SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the ' Performance and Payment Bond will be LJ%jeRY- ,rgvr✓AL S&t✓R,4MCE COMPAPJY /?-5 8ERKcLBr rraecr whose address is Bosro.J M.asrslCll✓serfs Street City State Zip Code ' 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. I I J:\2004\0421 l0\Specs\00300.doc Section 00300-9 I I [J I I Ll 1J I I I I [1 I I 15. BIDDER The name of the Bidder submitting this Bid is APAC, AR K 6tJSAS . TW,. . ,#IcGL,,jror./ Af/CNo2 91v/f/on./ doing business at ZyI. $LOIK sfRefr, , rA?errE✓l+ t E fipkAtJ5AS 7Z7o/ which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: Lc Dvti4,Jort — pwislo,J PRESi0E1Jr 7',a�tE s 6oae - AD#n'/STAAr,✓( V e.c - PREStoe,..iT TA4tES /FEEL — ✓,c -PRES/DEn/-( of CoPJiZeveried Po13eRT r3RYAt.1T — VICE - pAESsDE'JT 16. BASIS OF AWARD The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. Dated at Fayetteville, Arkansas, this J. day of TUs.`/ , 2004. (SEAL, IF CORPORATION) Respectfully submitted, �i Name Assoc! �. dw yyo t/. 8&ocK Cr4esy Business Address FAY6rfF✓1«E, ARKAsJ(4S Zz7O1 The Bidder shall complete the following information for that portion of the work proposed to be completed by subcontractors on the following page. x:\2004\042rlo\Specs\00300.doc Section 00300- 10 I ' SUB- TYPE OF DBE ARKANSAS CONTRACTOR ADDRESS WORK AMOUNT YES/NO LICENSE NO. /E c%/11PIu6- - PO eog 1236 - VAr1 gugE i, AP 12951 - Sfa1P+N6/7a1.Jr SEAui14 - So.00-,J0 -00132 P.O. ra°X 174b i ' 5 JTERSTATE L.APJOSCAP/r/G— ,fo&ri 6'm6AvCX ARa.211I-SEED,.J&/cooplt-'6— — 1.3%-YES-001k33030c p,^. 19ow 850 RICK Ma&lw/TY Cos*PAWY - GEF,j$R/EQ AR ;2oSP ECEtrR/cA c- - 50.00 Jo -oo9y8 fogo5 I I Li I I I I [1 L Li 11 1:\2004\042110\Specs\00300.doc Section 00300-11 I L I McClinton -Anchor a 111 CONSOiUCNOJ COMPANY APAC-Arkansas, Inc. APAC-Arkansas, Inc. * McClinton -Anchor Division * 240 North Block Street * P.O. Box 1367 Fayetteville, Arkansas 72701 * (479) 587-3300 ' 1. Company Name (Bidder): APAC-Arkansas, Inc. McClinton -Anchor Division 2. Street Address: 240 North Block, Fayetteville, Ar. 72702 Mailing Address: P.O. Box 1367, Fayetteville, Ar. 72702 Phone Number: (479) 587-3300 Fax (479) 521-2826 ' 3. Organized: 1946 as McClinton Brothers Company ' 4. Incorporated: Delaware Contractors Lie. No: 0011841204 5. Present Firm Name: 24 Years - Organized under present name on June 22, 1980 6. Contracts Completed in the last 5 years: ' Northwest Arkansas Regional Airport — Roads & Terminal Parking REF: Day & Zimmermann Engineers, Haviv Jafarzadeh and Crafton & Tull Assoc. Tom Hopper 479 636-4836 ' $7,300, 000 Completed: Fall 1999 CMN Business Park H - Fayetteville REF: Milholland & Assoc, City of Fayetteville ' Mel Milholland & Sid Norbash $9,700,000 Completion: Summer 2001 1 Shadow Valley Development - Rogers REF: Crafton & Tull - Tom Hopper 479 636-4838 Owner: Charles Reaves $8,300,000 - Completion Fall 2003 Various Miscellaneous Contracts & Subcontracts $30,000,000. 7. Character of work: Paving -Materials Supplier & Road Construction -Over 50 Projects Completed for AHTD in the past 5 years and over 1,060,000 tons of Superpave Asphalt produce & placed on Northwest Arkansas Highways. 8. Failure to Complete: None 9. Defaults: None 10. Equipment See Attached 1 11. Principal Officers: See Attached ' 12. Credit: See Attached DATED: I ^2004 13. Bank: See Attached BY: , /l 14. Financial Statement: Yes TITLE: VICE-PRESIDENT I ' McCli n I m -Anchor Cunsrn¢lian Co. NECESSARI' ' CREDIT STATEMENT Company Name: APAC-ARKANSAS, INC., MCCLINTDN-ANCHOR DIVISION ' Mailing Address: P.O. BOX 1367, FAYETTEVILLE, ARKANSAS 72702 Street Address: 240 NORTH BLOCK, FAYETTEVILLE, ARKANSAS 72701 Phone Number. (479) 587-3300 FaxNumber: (479) 521-2826 Parent Company: Ashland Paving And Construction, Inc., ATLANTA, GEORGIA, 30338-4780 Dun & Bradstreet Number 19-699-1665 Phone Number. (770) 392-5300 ' Parents' Parent Company: ASHLAND INC., COVINGTON, It'ENTUCKY 41012-0391 Dun & Bradstreet Number: 00-500-3264 Phone Number. (606) 815-3333 Offxcers JIM NEEL, VICE PRESIDENT LEE DuCHANOIS, PRESIDENT ' BOB BRYANT, VICE PRESIDENT MARK MCLARTY, CONTROLLER JAMES COLE, VICE PRESIDENT Nature of Business: PAVING, GRADING, UTILITIES, MATERIALS MFG., ROAD CONSTRUCTION ' Established: 1946 Bank: FIFTH THIRD BANK Address: 1422 WINCHESTER AVENUE, ASHLAND, KY 41101 Phone Number. (606) 326-0248 Bank Officer. SHERRIE L. SIMPSON, ADMINISTRATIVE ASST., COMMERCIAL BANKING Email: Sherrie.Simpson@53.com ' Federal LD. Number. 58-1401469 Arkansas Sales/Use Tax Permit 051422-72-001 (All purchases taxable unless notified otherwise) I. Dun & Bradstreet Number: APAC-Arkansas, Inc. 05-196-5861 • McClinton -Anchor Division 08-923-9479 Bookkeeper. PAT HIGGINS, ACCOUNTS PAYABLE CLERK Purchase Orders Issued: INVOICES NOT ACCEPTED WITHOUT P.O. NUMBERS. Business References: I. LION OIL COMPANY JA RIGGS TRACTOR Hanson Pipe & Products Inc. P.O. BOX 54732 P.O. BOX 1399 P.O. BOX 2057 NEW ORLEANS, LA 70154 LITTLE ROCK, AR 72203 MEMPHIS, TN 38101 (870) 864-1200 (501) 570-3100 (901) 346-1400 ' Hotel References: CLARION INN FAYETTEVILLE HILTON RIVERFRONT HILTON '' 70 N. EAST AVENUE 2 RIVERFRONT PLACE 1255 S. SHILOH DRIVE FAYETTEVILLE, AR 72702 N. LITTLE ROCK, AR 72114 FAYE 501 L5LE,1 66LE, AR 72701 (501) 444-5555 (501) 371-9000 ( ) APAC-Arkansas, Inc., McClinton -Anchor Division General Office* 240 N. Block St. * P.O. Box 1367 * Fayetteville, Arkansas 72702 * Phone: (479) 567-3300 * Fax: (479) 521-2626 Rogers Office * ] ] ] E. Linden * Rogers, Arkansas 72756 • Phone: (479) 636-3621 * Fax: (479) 636-9771 ' Harrison Branch Office * P.O- Box 27 * Harrison, Arkansas 72601 * Phone: (970) 429.5202* Fax: (670) 429-5200 Rev. 6/0a 1 L I I I I I IH I I I I I I I I ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director �1NT Little flock, Arkansas 72203 ?261 Telephone (501) 569-2000 I Telelax (501) 569-2400 JANUARY 26, 2004 APAC-ARKANSAS, INC., MCCLINTON-ANCHOR DIV. P. O. BOX 1367 FAYETTEVILLE, AR 72702-1367 THIS WILL ACI;NOWLEDGE RECEIPT OF THE PREQUALIFICATION QUESTIONNAIRE SUBMITTED BY YOUR ORGANIZATION SHOWING CONDITIONS AS OF SEPTEMBER 30, 2003. THE RATING EXTENDED YOUR ORGANIZATION IS UNLIMITED. AS PROVIDED BY TEE 2003 STANDARD SPECIFICATIONS, THIS RATING WILL EXTEND YOUR PREQUALIFICATION PERIOD FOR ONE YEAR FROM THE ABOVE DATE PLUS A GRACE PERIOD OF FOUR MONTHS. THE HIGHWAY COMMISSION POLICY DOES NOT ALLOW AN EXTENSION OF THE GRACE PERIOD. THEREFORE, TO MAINTAIN A CONTINUOUS PREQUALIFICATION STATUS, IT WILL BE NECESSARY THAT YOU SUBMIT A NEW STATEMENT PRIOR TO TEE EXPIRATION OF THE GRACE PERIOD. A NEW SET OF FORMS FOR THIS PURPOSE WILL BE MAILED TO YOUDURING THE ANNIVERSARY MONTH OF YOUR CURRENT PREQUALIFICATION STATEMENT. SINCERELY, E. A. HOP'pp rJ ENGINEER OF PROGRAMS AND CONTRACTS DIVISION I License No. 00I1s4I204 State Of 14rkal2SaS Contractors Licensing Board APAC—APJ SAS, INC. & DIVISIONS PO BOX 1367 TAX ETTE\TILLE, AR 72702 APAC-ARKANSAS, INC. & DIVISIONS is to Certify That is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Ailcansas within the following classcation: HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION with the following5ugg from • Janes 9, 2004 until _ when this Certificate expires. December 31, 2004 Witness ow hands of Ole Board, dated at North Little Back Arkansas: SECRETARY January 9, 2004 09/15/2001 .1 H I I I I I I I C H I I I C r GS01-3D EQUIPMENT OWNERSHIP WORKSHEET E ui # Description Equip# Description q p Trailer, High Platform B11 Co - Unit Price Entry BHP1 Crane, Truck Small BAC1 Air Comp :159 CFM BHRA Crane, Truck Med. BAC2 Air Comp 160-249 CFM BHRC Crane, Truck Large BAC3 Air Comp 250-449 CFM BHTA Spreader Type All BAC4 Air Comp 450-749 CFM BJS1 . Sprea/hoe er 5 JerseyTpo BAC5 Air Comp 750-1199 CFM BLB2 B/hoe RT 580E,K Cat 4 6 & C BAT1 Drill, Pneumatic Crawler BLB3 Tank Trailer ELBA Crane, Crawler Med. Asp. BBNiBAIT BLBB Crane, Crawler Large 8882 Bulk roNitrate SeTruck pBLTi Trailer Lowboy Tilt 8BR2 Broom, Self Propelled BLT2 Trailer Lowboy Tandem 8C3 Loader Track Cat 9T BLT9 Trailer Lowboy Tri-Axle BG4 Loader Track Cat 963 Vans / Carry Alts BLT4 Trailer Lowboy Tri-Axle BCA1 BMG3 Motor Graders All BCGD Pump Centr igual All 8ML1 Truck Misc Man Lift BCP3 Asp. Paver Track Type Suttle-Bu / Matl. Transfe BC51 Chip Spreader Self Propelled BMTV80A3 Truck Articulating End Dump BCT2 Dozer JD 450/550 BOHI Trk. End Dump to 30M Tons BCT2 Dozer D-38 & D -3C Trk. End Dump 31 to 4DM Tons BCT3 Dozer D -0E, Kmatsu D43A-16 80H28CT5 Dozer D -6D, D -7E & F BOH3 Trk. End Dump 41 to 55M Tons ROTA Asphalt Curb Machine • BCTB Dozer D 6H, D -7G & H 80TB Roller; Pull Type Static SCT7 Dozer D-SH, D-BK BPDS Pile Driver, Vulcan Air Hamm B02 Dozer D -BL, N & R BPF1 Padfoot Roller Vibr. Tp R-1 6 BAsp Distributor Truck • BDDI Roller Trench Small BPFC Padfoot Roller Static 8158 Conc. Screed Bridge 8004 Roller Asp Vibr 1 $6A Tempo P51 Picku Trk 1/2 Ton BDD5 Roller Asp Vibr 166A Tempo BPU1 pickup Trk 1/2 & 3/4 Ton BDH1 Hammer Demo Self Propelled BPU2 1 _ Ton Trucks - All BDH2 Hammer Demolition Attachment BPRUP23 Asp. Paver Rbr. Tire SOP Disc / Plow Loader, Rbr Tire to 60 hp 8013 Flatbed, Conc. Service Trk BRTi BDT3A Flatbed, Util. Service Trk. SRTZ BBoaderox ade Ldr 61 to 99 flh100 to 149 hp BDT4 - Dump Trk 10 -Wheeler BRT3 BDT6 Dump Trk Tri-Axle BRT4 Loader RT 15D to 199 hp BDTg Dump Lease 10 -Wheeler 8RT5 Loader AT 200 to 249 hp Loader AT 250 to 349 hp 8019 Dump Lease Tr -Axle BRT6 Loader RT 35D to 499 hp BEP1 Drill Engine Powered BRT7 BFL1 Fork Lift - All BRTA Roller Rbr. Tire Asp. Static 8FT1 Farm Tractor >40 hp SRWi Road Wi Self Propelled BFT2 Farm Tractor 41-69 hp BSC2 Scraper 18a toto 29 Cy Cat 5216 gF13 Farm Tractor <70 hp BSCA Steam Cleaner Portable All EFTA Fuel Trk>1,0Do Gal. BSCT Steam Cleaner Trk. Mounted 8S02 Roller Pull Ty Vibr eF>-B Fuel Trk <1,DOD Gal. 8801 Welders Gas & Diesel BSD3 Roller SP Vibr 5.0 to 7.9m t BGE1 Gen. Equip that doesn't fit 8504 oller SP Vibr 8 to 1 .91381& 8HD1 Drill, Hyd. Small 8501 Scprs Sev. 8HD2 Drill, Hyd. Large BSE2 Scprs Elev. 13 to 21 Cy 615 BHE4 Trackhoe MS1 BD/200 BSED Cars & Sedans Auto BHE5 Trackhoe M5240/MD320 BSF1 Conc. Curb Slipform BHE6 Trackhoe Cat 350E 8SF2 Conc. Paver Slipform 1 09/15/2001 EQUIPMENT GSD1-30 ELECTRIC AVE- CITI' O ALE EQDNT OWNERSHIP WORKSHEET Location Factors used on all costs - Inside: ' Equip# Description ' 8552 Skid -Steer Ldr. Bobcat 85T3 Asp Service Truck BST4 Truck Service I-Lube ' BST5 Truck Service 8102 Trailers Dump Tandem Axle BTRA Roller Asp Finish Static BTT7 Trk. Tractor old Mack ' 8TT8 Trk. Tractor Lowboy BUV1 SUV's Explorer BVi Van Trk. Walk-in Type BWT1 Water Truck Single Axle 8WT2 Water Truck Single Ax+10D0 BWT3 Water Truck Single Ax +200D ' 8WT4 Water TrkX-Lge+4000 Gal. BX1D Stump Trailer & Tractor 8X 5 Street Print Heater Infrared 8) 0 Mulch I Straw Spreader 1 --- i • 1 l 1 • 1 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, APAC-Arkansas, Inc., McClinton -Anchor Division as Principal, hercinancr called the Principal, and the Liberty Mutual Insurance Company of 175 Berkeley Street, Boston, Massachusetts , a corporation duly organized under the laws of the State of Massachusetts • as Surety• hereinafter called the Surety, are held and firmly bound unto City of Fayetteville. AR asObligce.hereinafercalledtheObligee, in the sum of Five percent of total amount bid Dollars(S 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves. our heirs, executors. administrators. successors and assigns, jointly and severally, firmly by these presrnts. WHEREAS, the Principal has submitted a bid fbr Drake Field - Taxiway "A" Extension and Taxiway "E" NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient s uutty for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bond& if the Principal shall pay to the Oblige the difference not to exceed the penalty hereof between the amount tpccifrod in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and scaled this 1st day of July 2004 APAC-Arkansas, Inc., McClinton -Anchor Division (Seal) Witness 11 mes A. Cole Title viceiPresident I Insurance Com an Witness J dy Sch gem A -in-Fan D D I I NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 ' In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty ' Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly ' "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond ' Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND IThis notice forms part of surety bonds issued by any one or more of the Issuing Sureties. ' DISCLOSURE OF PREMIUM 'The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). ' DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. d I I I ILMIC-6539 2/03 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1317327 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BENSON A. CASHION, KNIGHT CASHION, MATTHEW KNIGHT CASHION, JR., WILLIAM H.,GRIFFIN, JUDY SCHOGGEN, SHEILLA J. SMITH, PAMELA K. HAYS; ALL OF THE CITY OF LITTLE ROCK, STATE OF ARKANSAS ............................ ......................... ........ ... ................. ..... ........ ....... each individually if there be more than one named, its two and lawful attorney -in -fact to.make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any. and all undertakings, bonds, recognizances and other surety obligationsin:the penal sum not exceeding THIRTY MILLION AND 00/100•***'•"'• ""`••** - - DOLLARS $ 30,000,600.00••**• I ( 1 each, and the execution of such undertakings, bonds, recognizances and. other surety obligations, in pursuance of these presenls;shali be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Companyin their ownproper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. V. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: N C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and to deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 01 m That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 13th day of June 2003 LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 13th day of June , 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above E ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P he unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t1 first above written. Q• -y,014W (� > ` Notarial Seal Teresa Pestelb NotaryPuelk -. V/ OF - Plymouth Twp., Mongomery Couity ��Q�(,� a - My Cwnmisalon Expires Mar 28.2006 BY t Momber,Penruylvanla Associafonoi Nomriea Ter sa Pastella, Notary Public NP CERTIFICATE aaV li I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date. ofthis certificate, and I do further -certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by. the chairman or.the'president to appoint ittomeys-in-fact as provided in Article 'XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. -- This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. ' IN July TESTIMONY ONY WHEREOF,2I have hereunto subscribed my name and affixed the corporate seal of the said company, this 1st day of ' By Davi� M. Carey, Ass' t Secretary I TO: I I I PROJECT DESCRIPTION: NOTICE OF AWARD Taxiway "A" Extension and Taxiway "E" The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated June, 2004 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. I. 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. I I U I Li 1i El Dated this_ day of 2004 City of Fayetteville Owner 0 Ray Boudreaux, Airport Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By: this the day of , 2004 By ' J:\2004\042110\SPECS\00360.DOC Section 00360 - 1 I I CONTRACT 1 THIS AGREEMENT, made and entered into on the 9 f day of 2004, by and between McClinton -Anchor, a Division of APAC, herein called the Contractor, and the City of Fayetteville: WITNESSETH: That McClinton -Anchor, a Division of APAC, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: II. That McClinton -Anchor, a Division of APAC, shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: ' Taxiway "A"Extension and Taxiway "F", Fayetteville Municipal Airport, Drake Field, June 2004 ' Advertisement for Bids Payment Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions ' Performance Bond Specifications Drawings — 14 Sheets ' 2. That the City of Fayetteville hereby agrees to pay to McClinton -Anchor, a Division of APAC 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 Six Hundred Seven Thousand, Seventy -Eight & 90/100 Dollars ($607,078.90). 3. The Work will be completed and ready for final payment in accordance with the General Conditions ' within 150 days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. •' 4. Liquidated Damages: City of Fayetteville and McClinton -Anchor, a Division of APAC, recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer ' financial loss if the Work is not completed within the times specified 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 City of Fayetteville if the ' Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and McClinton -Anchor, a Division of APAC, agree that as liquidated damages for delay (but not as a penalty) McClinton -Anchor, a Division of APAC, shall pay City of ' Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. I 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall ' make partial payments to McClinton -Anchor, a Division of APAC, on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by McClinton -Anchor, a Division of APAC, LESS the retainage provided in the General '• Conditions, which is to be withheld by the City of Fayetteville 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 City of Fayetteville. ' 6. That upon submission by McClinton -Anchor, a Division of APAC, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by McClinton- ' Anchor, a Division of APAC, in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by McClinton -Anchor, a Division of APAC, of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. ' 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 City of Fayetteville 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, McClinton - Anchor, a Division of APAC, shall, at its expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with ' such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to McClinton -Anchor, a Division of APAC, 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 City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville 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 counterparts be deemed an original Contract. SEAL: I I I H WITNESSES: McClinton -Anchor, a Division of APAC Byl /lUrn..L r��� Title .1. YOF• =U ' - ;FAYETTEVILLE; ATTEST: : CITY OF FAYETTEVILLE 'uu I By City Clerk Dan Coody, Mayor 1 1 1 1 1 1 1 NOTICE TO PROCEED To: Date Project: ' You are hereby notified to commence WORK in accordance with the Contract dated, 2004, on or before . 2004, and you are to complete the WORK within 150 Calendar days from this date, less any Stop Work Days allowed by the Owner. I City of Fayetteville I 1 By: Ray Boudreaux Title: Director of Aviation ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged ' By this the _ day of . 2004. (Typed Name) ' By: ' Title: J:'2004\0421 w\SPECS\00550.DOC Section 00550 - I I J I 1 Document 00600-1 Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): APAC-Arkansas, Inc. McClinton -Anchor Div 240 N. Block St. P.O. Box 1367 Fayetteville, AR 72702 OWNER (Name and Address): City of Fayetteville 113W. Mountain St. Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT - Date: July_ ,2004 Amount: $607,078.90. Description (Name and Location): ' BOND I F SURETY (Name and Principal Place of Business): Liberty Mrhlal Irst.¢ance GgrWy 175 Berkeley Street Boston, N4 02117 :.fl • •Si Taxiway "A" Extension and Taxiway "E" Fayetteville Municipal Airport Date (Not earlier than Construction Contract Date): July20, 2004 Amount: $607,078.90 Dollars Modifications to this Bond Form: ($ ) w11&41~ `11 I •= CONTRACTOR AS PRINCIPAL Company (Corp. Seal) APAC-Arlcatisas, Irc., MIlintcn-kc r Division ISignature: Name and Title: SRf ES R. CAGE LAIGF_- RWSlor-JIl7- 1 CONTRACTOR AS PRINCIPAL Company (Corp. Seal) ' Signature: Name and Title: C C SURETY Company (Corp Seal) Liberty Nuts el Irst¢aite Ca4 ' - Signat Name and Title: Sclro a1 Attorney -in -Fact Doc ID: 007809980014 Tvoe: LIE Recorded: 07/29/2004 at 01:38:40 PM Fee Amt: $8.00 Paae I of 14 Washlnaton County, AR Bette Stamos Circuit Clerk F11eB026-00000763 SURETY •. • - a. .. . - • A •y- 0 • - -- 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 ]Ithve1ers ty and Surety Gerry of Mn-Ica (r S uc l' ioono . Attorney —in -Fact IJ:\2004\0421 I0\SPECS\00600-1.DOC 00600-1-1 I H I I r I LII 7] I 1 I H 1 H I I I 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has 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 contractorselected 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 maybe 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 pan and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction 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. IJ:t2004\0421I0\SPECS\00600-I.DOC 00600-1-2 I I I I I LJ H I I H I I I I NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. ILMIC-6539 2/03 [1 1 • 'Travelers 1 I I I I C C H I I I I I I I IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1564300 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY 'KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BENSON A. CASHION, KNIGHT CASHION, MATTHEW K..CASHION, JR., WILLIAM H. GRIFFIN, JUDY SCHOGGEN, 'PAMELA K. HAYS, ALL OF THE CITY OF LITTLE ROCK, STATE OF ARKANSAS.............................................................. ............................................................................................................................................................................................... , each Individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY MILLION AND 00/100"""""" ""' DOLLARS ($ 30,000,000.00 """` ) each, and the 'execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed.by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such • attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. t. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: d C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and Ideliver as surety any and all undertakings, bonds, recognizances and other surety obligations. O1 • That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 16th day of June 2004 m N LIBERTY MUTUAL INSURANCE COMPANY o. d a Byl�i-„- et /w/_ LGG-�7Y; m "s .t',.t Garnet W. Elliott, Assistant Secretary cc ,, COMMONWEALTH OF PENNSYLVANIA ss " COUNTY OF MONTGOMERY On this 16th day of June 2004 , before me, a Notary Public, It , personally came Garnet W. Elliott, to me known, and acknowledged C that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH ." unto subscribed my name and. affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year O first above written. Q. 0Nw F� 4 2 y Teresa Paatara. Seary Putiuc /(/' 7 OF Pirr Twp., Alomgomary County B tg AIY Cemmieebn Expires MeanW 2go5 Y Q Member, pc„uyna,a, avoaaym, a no�neq Ter sa Pastella, Notary Public VP� G 'CERTIFICATE 4AY r� I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. ' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 20th day of July , 2004 8y4/Y6 David M. Carey, Ass Secretary CChubb POWER Federal Insurance Company Attn.: Surety Department Sure OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 I Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Benson A. Cashion, Matthew Knight Cashion, Jr., William R. Plegge, Sheilla J. Smith, Judy Schoggen and William H. Griffin of Little Rock, Arkansas------------------------------------------- ' each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not to include any instruments amending or altering the same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). ' In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on March 10 , 1998. Kenneth C. Wendel, Assistant Secretary {'7ra E. Robertson, Vice P sident STATE OF NEW JERSEY } ss. County of Somerset On March 10 1998, before me, a Notary Public of New Jenny, personally came Kenneth C. Wendel, to me known to be Assistant Secretary ' of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDENPIITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson. and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ag 0TARY Public PUBLiC • ' "� ''SKI - Notary Publio, Star of Naw Jersey ' �� CERTIFICATION Na. 0014101 Extract from 8y -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURAQwwtOIMPEhpffanchi*QWFI@ EMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their ' respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and ' any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY ' COMPANY (the 'Companies') do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and corect, (ii) the Companies are duly licensed and authored to transact surety business in all 50 of the United States of America and the DistricI of Columbia and are autho&ed by the U. S. Treasury Departrnenk furtlw, Federal and Vlgdant are licensed in Pueto Rico and the U. S. Virgin • Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 20th day of July 19 2004 yt5V�CF paWUA � _A is e t, z ' MOIANh F 4s Kenneth C. Wendel, Assistant Secretary I I IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suretycmchubb.com Form 1S1e0226 (Ed. 2-98) NON -CONSENT J I H H I I I I I I IH I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Knight Cashion, Benson A. Cashion, Matthew K. Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Wadley, Pamela Kay Hays, of Little Rock, Arkansas, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instnunent(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: ' VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney ' or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ' APAC-Arkansas, Inc. McClinton -Anchor Div. Liberty Ntipyl I1ery 240 N. Block St. 175 Berkeley Street P.O. Box 1367 &stop MA 02117 Fayetteville, AR 72702 I I I I I I OWNER (Name and Address): City of Fayetteville 113W. Mountain St. Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: July_ ,2004 Amount: $607,078.90. BOND Description (Name and Location): • •a J .`, 0 .I • • I • 1'I • J Taxiway "A" Extension and Taxiway "E" Fayetteville Municipal Airport Date (Not earlier than Construction Contract Date): JulY2Q, 2004 Amount: $607,078.90 Dollars Modifications to this Bond Form: ($) a+���1* -n : •uw CONTRACTOR AS PRINCIPAL Company - (Corp. Seal) APPC-Arkansas, lit., t4Thntcn-Atrhor Division Signature: cj Z n. ci4 Name and Title: S4MES A,CC.Ge • • - •a9 • C Vv I .I • •61 •• I •:y- -- •I ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Feral Irsu acre O part' 1 Signature: Sign ' Name and Title: Name and Title: Attorr '-in-Fat 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 $LILY' o£ nIC1ll.ct At-L-rFact J:\2004\042110\SPECS\00600-2.DOC 00600-2-1 I L 1 H I I I I I I I I I I I I I I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in theperformance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 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. I. 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 Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms, labor, materials or equipment, that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. I J:\2004\042110\SPECS\00600-2. DOC 00600-2-2 Li NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). I I I L_1 I I I I I IL7 I NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. ILMIC-6539 2/03 I • Travelers i IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE '1 On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. i Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. i Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional 1 premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall 1 premium, and is no more than one percent of your premium. I ' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1564301 • This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to ' the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS • POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BENSON A. CASHION, KNIGHT CASHION, MATTHEW K. CASHION, JR., WILLIAM H. GRIFFIN, JUDY SCHOGGEN, ' PAMELA K. HAYS, ALL OF THE CITY OF LITTLE ROCK, STATE OF ARKANSAS..............•...........•••••............................... ....................••••••••••••••.•••••••.••••-••.••-••••••.......••.••..•..••••••.•••••.•.•.••...........•...••...••.••pp. ••...••.• pp. •••.•••.............................................. •• each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY MILLION AND 00/100""""" """"' DOLLARS $ 30,000,000.00""• '( ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'o attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their m signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w as binding as if signed by the president and attested by the secretary. S 9 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: a d C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ..: authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and c � deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. M 0 I Of O H That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. TW j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 16th day of June 7 2004 m y LIBERTY MUTUAL INSURANCE COMPANY O O a { 101. O By(a-,a-.�1-•� �� �� ` o%:.rrt Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY f0 On this 16th day of June , 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above •Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH ?g unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ttC a first above written. Q. 'yON W O `•� ` NoSal Seel IF. 4 Z y Tereafl Pestelle. Notary Pudic OF Plymouth Tw ,, Monyomery Count' My Commi_Non Pxpres Mar. 25. 2M Te Q' Member, Peluaytunnla Assomoon of Notarlen - Ter Sa Pastella, NOtary PUbIIC CERTIFICATE "� _.ate I, the undersigned, Assistant ecretary of. Liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the- officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article 'XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 20th day of July , 2004 •, •rfiuy // l�r .�f • /L�,//f/ By t fiJM�b.ifia David M. Carey, Ass'Igt of Secretary 0 co N 6 C, Chubb POWER Federal Insurance Company Attn.: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 ' Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Benson A. Cashion, Matthew Knight Cashion, Jr., William R. Plegge, Sheilla J. Smith, Judy Schoggen and William H. Griffin of Little Rock, Arkansas------------------------------------------- ' each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not to include any instruments amending or altering the same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on March 10 , 1998. Kenneth C. Wendel, Assistant SecretaryRobertson, Vice P sident STATE OF NEW JERSEY 1 Jss. County of Somerset On March 10 .1998, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal Ir ag OTARY f l 'C d//� THEr =2A o. C' S Notary Public ' CERTIFICATION Notary Pubf:, Slaa of New Jersey No. 0014101 Extract from '9y -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSUR QS be*PEk�ranrJ63�1Q(fl§ddlpEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vibe President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the •Companies•) do hereby certify that (I) the foregoing extract of the By -Laws of the Companies Is true and correct, (ii) the Companies are duty ficesed and authorized to transact surety business in all 50 of the United States of America and the District of Cdtmtba and are autha¢ed by the U. S. Treasury Depart ent furt er, Federal and Vigilant am licensed in Puerto Rico and the U. S. Virgin Istards, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 20th day of July , 19 2004 . ' yasuerW� atrnn SuaA,yc — re _ INDIAN►' '1'15 MAC' i't'Ely'YppfM I I Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Form 1S1OOf9 (Ed. 2-98) NON -CONSENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT 1 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF 'AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these 'presents make, constitute and appoint: Knight Cashion, Benson A. Cashion, Matthew K Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Wadley, Pamela Kay Rays, of Little Rock, Arkansas, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings 'obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. 'This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: ' VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in ' the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President ' may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or ' by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: ' VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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Su!puels agl japun aa!go ja14/S114 Jo ,(luoglne fq suonujodioa alp jo •llegaq uo luaumjlsrn p!us aql palna0xa 045/04 Imp pus '.sleas alujodjoo gars an luaunulsu! p!es 014101 pax u spas ayl Imp `.suo!lujodjoo p!ws Jo spas alp smou3l ags/aq Imp '•luawMsu! anoge 0147 palnoaxa ga!ym pue u! paquasap suonejodjoa a141 'ANVJWOJ A3.'IVRSVJ NOIDNIMRLV3 Pug ANVdWOJ A,LMMS QNV A.L'IVIISVJ S2I3'I]AVMLL 'VJRI3WV dO ANVdWOJ A.L2URS QNV AZ'IVRSVJ SH373AVHZ JO;uap!sajd 93!A jo!uas s! 045/04 Imp :Aes pus asodap p!p 'ujoms Alnp ow ,(q 9u!aq 'ogm 'umoufl OW 01 NOSdWOH.L M 301[03`.) awso A!!euosjad am ajojaq t00Z 'galEW Jo AEP 1116 s!ql uO luap!S Jd 03!A Jo!uas uosdwoqj M a6ioaO 1 L ©I((SJI Q2IO3L2IVli JO AJJdflOO ANVdWOJ A.L'IVIISVJ NOIDNIW11V3 pjolueH ss{ ANVdWOJ A131If1S QNV Al'IVRSVO SH3'IaAVN.L VJIIIaWV 3O ANVdWOJ A131If1S QNV AZ'IV0SVJ SUWIaAVN.L JJ70LL03NN00 30 3.LVIS 'toot '40JEW Jo I(uP 106 s!ql pane olajaq aq of sleas alujodmo nags pun ;uap!sajd aa!A jo!uas nag1 £q pau2!s aq of luaunulsm sup pasnso 0AE14 ANVdWOJ A.L'IVRSVJ NO,LJNIWZIV3 Pug ANVdw0J A.La)IRS QNV A.L'IVRSVJ SWII3AVHL `VJRIaWV 3O ANVdWOJ A.LaHflS QNV A.L'IVRSVJ SH373AV11.L `3Oaa3HM SS3NJ.IM NI I LJ I I I I L1 I I CERTIFICATION OF BIDDER REGARDING • EQUAL EMPLOYMENT OPPORTUNITY I I I I I C1 11 I I Li CERTIFICATION OF BIDDER REGARDING I. EQUAL EMPLOYMENT OPPORTUNITY GENERAL ' APAC-Arkansas, Inc. BIDDERS McClinton -Anchor Div. I P.O. BOX 1367 NAME ADDRESS FAYETTEVILLE, AR 72702 ' INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER S8- l `f O 14(69 ' NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: ' (1) A Certification of Nonsegregated Facilities must be submitted prior to the award of a 'federally assisted construction contract exceeding $10,000 which is not exempt from the provision of the equal opportunity clause. ' (2) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies t and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE:The penalty for making statements in offers is prescribed in 18 U.S.C. 1001. 1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION ON NONSEGREGATED FACILITIES: (1) A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. ' (2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of tthis notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. J ' J:\2004\042110\SPECS\EQLOPP.DOC Equal Employment Opportunity - 1 I NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES: ' The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his ' employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will ' not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and ' housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts ' exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. ' NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: IA Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification - The information above is true and complete to the best of my knowledge and belief ' James A. Cole Vice President Name and Title of Signer (Please type) • ignature Date NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 1 ' 1:\2004\042110\SPECS\EQLOPP.DOC Equal Employment Opportunity -2 I WAGE, LABOR EEO AND SAFETY REQUIREMENTS SECTION A (FEDERAL AVIATION ADMINISTRATION REQUIREMENTS) •' AA -1. Airport Improvement Program. The work in this Contract is included in Airport Improvement Program Number 3-05-0020-032-2004 which is being undertaken and accomplished by the City of Fayetteville in accordance with the terms and conditions of a grant agreement between the Siloam Springs Airport Commission and the United States, under the Airport and Airway Development Act of 1982 (PL 97-248) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of ' the project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, ' makes the United States a party to this Contract. A-2. Consent to Assignment. The Contractor shall obtain the prior written consent of the ' Siloam Springs Airport Commission to any proposed assignment of any interest in or part of this Contract. A-3. Convict Labor. No Convict Labor may be employed under this Contract. ' A-4. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515 (c)(1) and (2) of the Act. However, this preference shall apply ' only where the individuals are available and qualified to perform the work to which the employment relates. IA -S. Withholding: Sponsor from Contractor. Whether or not payment or advances to the City of Fayetteville may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics ' employed by the Contractor or any subcontractor on the work the full amount of wages required by this Contract. A-6. Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this Contract, the City of Fayetteville may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. ' A_7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. A-8. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6, and A-7 requiring the subcontractors to include J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - I I these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. A-9. Contract Termination. A breach of Paragraphs A-6, A-7, and A-8 may be grounds for termination of the Contract. SECTION B (SECRETARY OF LABOR REQUIREMENTS) BB -1. Minimum Wages (a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at wage rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. For the purpose of this paragraph, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph (d) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period (29 CFR 5.5(a) (1) (I)). Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage scale, except as provided in paragraph B-4 of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, however, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(s) (including any additional classifications and wage rates conformed under subparagraph (b) of this section) and the Davis -Bacon poster shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and readily accessible place where it can easily be seen by the workers. (b) (1) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably to the wage determination. Approval will be given for an additional classification and wage rate, and fringe benefits therefore, only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and 112004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -2 I 7 1I H C I I I [1 H I I I H I i (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. ' (2) If the Contractor and the laborers and mechanics to be representatives, and the City of Fayetteville agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action take shall be ' sent by the City of Fayetteville to the FAA for tentative approval and transmittal to the Department of Labor, Employment Standards Administration, Administrator of the Wage and Hour Division, Washington, D.C. 20210. The Department of Labor • ' will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the FAA or will notify the FAA within the 30 -day period that additional time is necessary. (29 CFR 5.5 (a) (1) (I)). (3) In the event the Contractor, the laborers or mechanics, including apprentices and trainees, to be employed in the classification or their representatives and the Siloam ' Springs Airport Commission do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Siloam Springs Airport Commission shall send the questions, including the views of all interested parties and the recommendation of the sponsor, to the FAA to be referred, with the recommendation of the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (4) The wage rate (including fringe benefits where appropriate) determined pursuant Ito subparagraphs (b)(2) and (3) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. ' (c) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate the ' Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question ' accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii) ). I (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. ' Provided, however, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The 1 J:\2004\042110\SPECs\EEO.DOC Wage, Labor, EEO & Safety Regulations -3 1 I Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (29 CFR 5.5 (a) (1) (iv)). B-2. Withholding: FAA from Sponsor pursuant to the terms of the grant agreements between the United States and the City of Fayetteville relating to Airport Improvement Program Number 3-05-0020-031 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the Siloam Springs Airport Commission so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice, trainee, or helper employed or working on the site of the work all or part of the wages required by this contract, the FAA may after written notice to the Siloam Springs Airport Commission take further action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased (29 CFR 5.5 (a)(2). B.3. Payrolls and Basic Records (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2) of the Davis -Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5 (a) (1) (iv) (see sub -paragraph (d) of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs (29 CFR 5.5 (a)(3)(I)). (b) (1) The Contractor will submit weekly a copy of all payrolls to the Siloam Springs Airport Commission for availability to the FAA, as required by paragraph 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. J:\2004\042110\SPECS\EEO.DOC I I I I C I I 11 C I I I I I I Wage, Labor, EEO & Safety Regulations - 4 , I I Li n I [I C] I I I I I I I (2) Each payroll shall be accompanied by a "Statement of Compliance", signed by the employer or his agent who pays or supervises the payment of persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be maintained under paragraph B-3 (a) above and that such information is correct and complete. (ii) That each laborer and mechanic, including each helper, apprentice and trainee, employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3. (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph B-3 (2) of this section. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 or Title 18 and Section 231 of Title 31 of the United States code. (c) The Contractor will make the records required under the labor standards clauses of the contract available for inspection, copying or transcription by authorized representatives of the sponsor, the FAA and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. (d) If the Contractor or subcontractor fails to submit the required records or to make them available, the FAA may, after written notice to the sponsor or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 (29 CFR 5.5 (a) (3) (ii)). BB=4 Apprentices and trainees (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State J:\2004\04211 0\S PECS' EEO. DOC Wage, Labor, EEO & Safety Regulations - 5 7 I Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentice to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate determined by the Secretary of Labor for the classification of work he actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of the fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of the apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CFR 5.5 (a) (4) (I)). (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on the job site shall be not greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administration of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides the less than full fringe benefits for apprentices. Any employee listed on the payroll at the trainee rate who is not registered and participating in a training plan approved by the JA2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -6 I I I I I I H I H I I II C1 Employment and Training Administration shall be paid not less than the applicable wage rate Ion the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an ' acceptable program is approved. (29 CFR 5.5 (a) (iii)). (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen ' under this paragraph shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30 (39 CFR 5.5 (a)(4)(iii)). (d) Application of 29 CFR Part 5.5 (a)(4). On contracts in excess of $2,000 the employment of all apprentices and trainees as defined in 29 CFR 5.2 (c) shall be subject to the provisions 'of 29 CFR Part 5.5 (a)(4) (see paragraph B-4 (a), (b) and (c) above). ' (e) Enforcement. (I) The FAA shall promulgate the necessary regulations or procedures, for federally ' assisted construction programs for which it does not contract directly, necessary to insure that contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his subcontractors have complied or there is substantial dispute with respect to ' the required provisions (29 CFR 5.6 (a)(1)). (ii) Enforcement activities, including the investigation of complaints of violations, to insure compliance with the requirements of these provisions shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to ensure consistent enforcement of the requirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. BB -5. Compliance with Copeland Regulations. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5 (a) (5) ). B-6. Compliance with Davis -Bacon and Related Acts Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 ' are herein incorporated by reference in this contract. BB=7. Disputes concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. 1:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 7 Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CRF Parts 5, 6, and 7. Disputes within the meaning of this clause include sponsor, the U.S. Department of Labor, or the employees or their representatives. B-8. Certification of Eligibility. (a) By entering into this contract, the Contractor certifies that neither it nor any person or ' firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (2) (1). (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or CFR 5.12(a) (1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 1 U.S.C. 1001. B-9. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any work week in which he is employed on such , work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic received compensation at a rate not less than 1-1/2 ' times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be (29 CFR 5.5 (c)(1)). B -b. Violations Liability for Unpaid Wages. Liquidated Damages. In the event of any violation of paragraph B-6 of this provision, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said paragraph B-6 of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard work week of 40 hours without payment of the overtime wages required by said paragraph B-6 of this provision (29 CFR 5.5 (c)(2)). ' B-11. Withholding for Unpaid Wages and Liquidated Damages and Priority of Payment. The FAA or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under such ' contract or any other Federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph B-7 of this provision (29 CFR 5.5 (c) (3)). 1 J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 8 1 C B- 12. Working Conditions. No Contractor may require any laborer or mechanic employed in ' the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926; 37 F.R. 27503) issued by the Secretary of Labor. B-13. Subcontracts. The Contractor will insert in each of his subcontracts the clauses ' contained in paragraphs B-1 through B-11 of this provision, and also a clause requiring the subcontracts to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in ' turn be made. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the labor standards clauses set forth (29 CFR 5.5 (a)(6), 5.5 ' (c)(4)). B-14. Contract Termination; Debarment. A breach of clause B-1, through B-13 may be grounds for termination of the Contract, and for debarment as a Contractor or subcontractor 'asprovided for in 29 CFR 5.12. ' SECTION C (EQUAL EMPLOYMENT OPPORTUNITY CLAUSE) During the performance of this Contract, the Contractor agrees as follows: ' CC -1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ' ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; ' layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. C-2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, relation sex or national origin. ' C-3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. C-4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 1 1:\2004\042110\.SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -9 ±1 C-5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. C-6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. C-7. The Contractor will include the portion of the sentence immediately preceding paragraph C-1 and the provisions of paragraphs C-1 through C-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a Contractor becomes involved, in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SECTION D (HEALTH AND SAFETY REQUIREMENTS) D-1. It is a condition of this Contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the Contractor shall not require any laborer or mechanic employed in performance of the contract work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under Construction Safety and Health Standards Title 29 Code of Federal Regulations, Part 1518 36 F.R. 7340 promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, 83 STAT. 96). D-2. MANDATORY CONDITIONS INVOLVING ELECTRICAL ENERGY OR OTHER HAZARDOUS ENERGY SOURCES For projects involving electrical energy or other hazardous energy sources, the Contractor shall submit a copy of their Lockout/Tagout program which meets the requirements of 20 CFR 1910.331, Safety Related Work Practices (OSHA). During the performance of electrical work, it is recommended that an unannounced inspection be performed by the airport sponsor or his agent to determine if the Lockout/Tagout program is being followed. Immediate action shall be taken to correct noncompliance, including suspension of work when necessary. J:\2004\0421 I0\.SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 10 I I I I I I I] SECTION E (AIR AND WATER QUALITY STANDARDS) E- 1. Any other provision herein to the contrary notwithstanding, the Contractor in carrying out work under this Contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the Contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10 entitled Item P-1 56, Temporary Air and Water Pollution, Soil Erosion and Siltation Control. Copies of this Advisory Circular can be obtained free of charge from Department of Transportation, Distribution Unit, TAD -484.3, Washington, D.C. 20590. E-2. Contractors and subcontractors agree: (a) That any facility to be used in the performance of the contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. (b) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) That as a condition for award of a Contract he will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. (d) To include or cause to. be included in any Contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. ' SECTION F (STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246, as amended)) F=1. As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; ' ® "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; (d) "Minority" includes: I J:\2004\o42i io\SPECs\EEO.DOC Wage, Labor, EEO & Safety Regulations - II L (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Island (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian and Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations i through membership and participation or community identification). F-2. Whenever the Contractor, or any subcontractor any peer, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract I resulted. F-3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participation in I and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in I which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. F-4. The Contractor shall implement the specific affirmative action standards provided in paragraphs F -7.a. through F -7.p. of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization; the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. I F-5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. F-6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the 112004\0421 I0\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 12 E GI training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. ' Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. F-7. The Contractor shall take specific affirmative actions to insure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically insure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. I I (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 13 by publicizing it in the company newspaper, annual report, etc; by specific review of the 1 policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on -site supervisory personnel such as superintendents, general foreman, etc., 1 prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (I) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. I (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments, and other I personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 14 I I (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. F-8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a Contractor association, joint Contractor -union, Contractor -community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith ' effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. F-9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority I. group of women is under utilized). F-1 0. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. F-11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. F-12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. F-13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to insure equal employment J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 15 �J opportunity. If the Contractor fails to comply with the requirements of the executive order, the ' implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. ' F-14. The Contractor shall designate a responsible official to monitor all employment related activity to insure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. F- 15. Nothing herein provided shall be construed as a limitation upon the application of other ' laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SECTION G (DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS) I G=1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. GG=2. DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors shall take all necessary and reasonable steps in ' accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. GG=3. Compliance. All bidders, potential Contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Owner. G-4. Subcontract Clauses. All bidders and potential Contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. GG=5. It is Further Understood and Agreed. , J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 16 I ' (a) The award selection procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45 (1) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. (b) Notification is hereby given that DBE contract goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individual is 10 percent of the dollar value of this contract. ' (c) After opening of bids, the apparent successful bidder will be required to submit the names and addresses of DBE firms that will participate in the contract along with a I; description of the work and dollar amount for each firm. If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must clearly demonstrate, to the satisfaction of the airport sponsor, that a good faith effort has in fact been made and that meeting said goals is not reasonably possible. If any apparent low bidder cannot do so, the contract may, at the option of the airport sponsor, be awarded to the next ' low bidder able to meet these requirements. Agreements between bidder/proposer and a DBE in which the DBE promises not to provide ' subcontracting quotations to other bidder/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE sub -contractor. I. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. SECTION H (MONTHLY EMPLOYMENT UTILIZATION REPORT (Standard Form 257 - Aug. 1976) Authorized By Section 204 Of Executive Order 11246 and 41 CFR 60-1.4(5)) The Contractor will file with the Area Director, U. S. Dept. of Labor, CFCCP, P. O. Box 1296, Little Rock, Arkansas 72203, to reach that office by the fifth of each month, beginning with the effective date of the contract for the duration of the contract, Monthly Employment Utilization Reports (Standard Form 257 following page), in accordance with the instructions contained on the form. Members of the Associated General Contractors Highway Heavy Affirmative Action Plan are not required to submit Form CC -257 unless requested. I I ,I 11 ' J:\2004\042110\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations - 17 WAIS Document Retrieval Page 1 of 3 I I I I I LI I I I I I I I I 1] I I GENERAL DECISION: AR20030007 AR7 Date: June 13, 2003 General Decision Number: AR20030007 Superseded General Decision No. AR020007 State: Arkansas Construction Type: HIGHWAY County(ies): STATEWIDE CONSTRUCTION, ALTERATION, AND/OR REPAIR OF STREETS, HIGHWAYS, AND RUNWAY PROJECTS (does not include structures on highway rest areas) Modification Number Publication Date 0 06/13/2003 COUNTY(ies): STATEWIDE SUAR2001A 01/19/1990 Rates BRICKLAYERS 7.20 CARPENTERS 7.20 CONCRETE FINISHERS 7.20 ELECTRICIANS 8.75 IRONWORKERS: Structural Reinforcing LABORERS: Air tool operators Asphalt heater operators Asphalt rakers Chain saw oeprators Checker graders Concrete joint sealers Concrete saw operators Formsetters Laborers Pipelayers Powdermen Vibratormen PAINTERS PILE DRIVER LEADMEN POWER EQUIPMENT OPERATORS: Aggregate Spreader operators Asphalt plant firemen Asphalt plantdriver operators Batch plant operators Bulldozer Operators: Finish Rough Bull Float operators Concrete curing machine operators Concrete mixer operators: Less than 5 sacks 5 sacks and over Backhoe Operator - Rubber tired (1 yard or less) Cherry picker operators Concrete paver operators Concrete sperader operators Crane, Derrick, Dragline, Shovel, Backhoe, Operators 6.30 5.45 5.15 5.15 5.85 5.15 5.45 5.15 5.15 5.45 5.15 5.45 6.40 5.15 6.20 6.20 5.80 5.15 5.15 5.80 6.90 5.65 5.65 5.65 5.15 6.20 6.10 6.10 6.70 6.70 Fringes http://frweb Bate. access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=AR20030007 6/4/2004 IWAIS Document Retrieval Page 2 of 3 1-1/2 yards or less 6.70 over 1-1/2 yards 7.20 Crusher operators 5.65 Distributor operators 5.65 Drill operators (Wagon or truck) 5.65 Elevating Grader operators 6.70 Euclid or like equipment ' operator (Bottom or end dump) 5.25 Finishing Machine Operators 6.10 Flaggers 5.15 Forkliff operators 5.15 Form grader operators 5.15 Front end loader operators Finish 6.70 Rough 5.65 Hdro Seeder operators 5.15 Mechanics 6.90 Motor Patrol Operators: Finish 6.90 Rough 5.65 Mulching machine operators 5.15 Oilers and Greasers 5.45 ' Piledriver operators 6.20 Power broom operators 5.15 Pug mill operators 5.15 Roller Operators (self ' propelled) 5.25 Scraper Operators: Finish 6.90 Rough 5.65 Sod slicing machine operators 5.15 Stabilizer mixing machine operators 5.65 Tractor operators (crawler type) 5.15 Tractor operators (farm and sheel) 5.15 Tractor operators -wheel type (with attach. -1 yd. or under) 5.55 Trenching Machine operators 5.55 STONEMASONS 7.20 TRUCK DRIVERS: I Distributor truck drivers 5.45 Semi -trailer 5.45 Lowboy drivers 5.65 Transit mix truck drivers 5.45 ' Truck Drivers (heavy - maximum pay load in excess of 3,000 lbs.) 5.15 Truck Drivers (light - maximum pay load 3,000 lbs.) 5.15 WELL DRILLERS 6.90 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). ------------------------------------'--------------- --- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be httn://frwebeate.access.eoo.aov/cei-bin/petdoc.cgi?dbname=Davis-Bacon&docid=AR20030007 6/4/2004 WAIS Document Retrieval Page 3 of 3 prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can I. be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) ' and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch ' of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division ' U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: ' Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the 1 interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. ' 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: ' Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION I I I I ISECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or 'other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. _' 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. ' 10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-09 BIDDER Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for ' airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. ' 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, ' specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - I I 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or ' subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner , (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When , used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. , 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words " directed, "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, , J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 2 1 I or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. ' 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. ' 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, ' floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. ' 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. ' 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. I. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term sponsor shall have the same meaning as the term owner. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms ' of the contract. 10-34 PLANS. The official drawings or exact reproductions which show the.location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. I ' J:12004\0421I0XSPECSGENERAL PRO V.DOC General Provisions - 3 I 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining ' walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. 1 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work , during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the I owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing , payment or performance bonds which are furnished to the owner by the Contractor. 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air , operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. I 1:'2004\042110\SPECSGENERAL PROV.DOC General Provisions - 4 I 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. I L I [J I I I I I In I I I END OF SECTION 10 J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 5 I SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS I 20-01 ADVERTISEMENT (Notice to Bidders). 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State 1 Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification maybe submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to he owner no later than 10 days prior to the specified date for opening bids. 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a I part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: ' a. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. , b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. I I J:'2004\042110\SPECSGENERAL PROV.DOC General Provisions - 6 I c. Contractor default under previous contracts with the owner. id. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of ' bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the ' convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item ' furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. �• The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and ' that the signature is binding upon the firm or corporation. J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 7 I I 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: I a. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. ' c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit , price. d. If the proposal contains unit prices that are obviously unbalanced. , e. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed , envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 8 I 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under ' the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection 'titled ISSUANCE OF PROPOSAL FORMS of this section. IEND OF SECTION 20 Li n J I I Li I I i I1 ' J:\21041421I0\SPECSGENERAL PROV.DOC General Provisions - 9 I SECTION 30 ' AWARD AND EXECUTION OF CONTRACT , 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. , Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for , any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR , PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal i conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without , liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 10 I 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the ' fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. ' 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. ' 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified ' in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 I I Li I I ' 1:12004\0421101SPECSGENERAL PROV.DOC General Provisions - II I SECTION 40 ' SCOPE OF WORK , 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall ' furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work ' originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore ' specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any ' contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. J*200410421 I0\SPECSGENERAL PROV.DOC General Provisions - 12 1 I When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. ' Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. ' It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF ' OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. ' With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the ' operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor ' shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall ' not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such 'existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned J:@004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 13 I in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the ' terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. , Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in ' advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her , exercise of option a., b., or c. 1 J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 14 I The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final ' payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission ' of such property owner. ' END OF SECTION 40 I I U I I 1J I I I I I J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 15 I SECTION 50 CONTROL OF WORK I 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including ' specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within ' reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in ' reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise ' corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to ' provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 16 I 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract ' requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or ' specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies ' each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way ' possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable ' of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. ' 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. ' When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her ' contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. ' He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. I J:\2004\0421 I 0\SPECSGENERAL PROV.DOC General Provisions - 17 I 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 18 I I [-I I H L L. J L Li I I I I El 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. ' Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. ' The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete ' pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. ' In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an 'additional amount for such work. I J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 19 I 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such , noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will ' benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for ' that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the , Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. 1:\2004\0421 101SPECSGENERAL PROV.DOC General Provisions - 20 I Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. Li Ii 1 CJ 1 I I LJI J I I I I END OF SECTION 50 ' J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 21 I SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall famish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC)150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. I I I] I I C I I I I I r I C r I I J:\2004\0421 IO\SPECSGENERAL PROV.DOC General Provisions - 22 LI I 1] H I I Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: 1 and, I I I I Li I I H H 1l I a. Conformance to the specified performance, testing, quality or dimensional requirements; b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. P J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 23 I 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner -furnished materials shall be included in the unit price bid for the contract item in which such owner -furnished material is used. After any owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner -furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner -furnished materials. END OF SECTION 60 I C I H H 7 I I H I I I I [1 I J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 24 Li I I I I I SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. ' 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. I I I I I I I I I I I 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. The Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. J:\20041042110\SPECSGENERAL PROV.DOC General Provisions - 25 I I 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). 7:\2004\0421 IO\SPECSGENERAL PROV.DOC General Provisions - 26 I I C H H I I I I I I I I I H I I I When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity. ' The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. ' The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. ' Open -flame type lights shall not be permitted within the air operations areas of the airport. ' 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. ' All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall ' be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. ' The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport ' property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the ' Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the ' prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. 1 1A2004\042110\SPECSGENERAL PROV.DOC General Provisions - 27 I When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: Phase or Required Date or Sequence Work Shown Description of Owner's Beneficial Occupancy on Plan Sheet Taxiway "A" Extension Phase! 1-18 Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. 1:\2004\042110'SPECSGENERAL PROV.DOC General Provisions - 28 I I I I 1, C C I I C r I I H H I H No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary ' or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing ' the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. ' 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall 1 have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and • soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. ' To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: I 1 J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 29 I Utility Service Person to Contact Owner's Emergency or Facility (Name, Title Address Phone) Contact (Phone) Taxiway & Runway Mr. Ray Boudreau 1-501-718-7642 Fayetteville, AR MALS (Approach Lights), VASI Control Cable, Airway Facilities 1-501-442-5221 REIL Lights & Cable, Maintenance 1-501-649-2410 & LDA Fayetteville, AR I Electricity SWEPCO 1-501-521-3000 Telephone S.W. Bell Telephone Co 1-501-980-3100 Contel 1-800-482-8998 _ Gas Ark. Western Gas Co. 1-501-524-4165 Water Water Department City of Fayetteville 1-501-521-1250 All Utilities Arkansas One Call 1-800-482-8998 ' It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. I J:\2004\0421 I0\SPECSUENERAL PROV.DOC General Provisions - 30 I I The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. IThe Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner 1 reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS -OF -WAY. The owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either ' personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 1 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. J:\2004\042110'SPECSGENERAL PROV.DOC General Provisions - 31 I I 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, I structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an , archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled , DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 1 I I •1 I I I J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 32 I ISECTION 80 IPROSECUTION AND PROGRESS L 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the 1 surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on 1 which the notice to proceed is issued by the owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) ' at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. 1:\2004\0421 IO'SPECSGENERAL PROV.DOC General Provisions - 33 I When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA Time Periods Type of Control I Not Applicable Airport Night 9:00 p.m. to 6:00 a.m. Frequency 122.9 Airport Manager 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. I All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. I When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will I accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment i shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 34 I I 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. ' In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor maybe reimbursed for actual money expended on the work during the period ' of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer 1 within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. ' 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be • adjusted as follows: • a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or ' SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). ' The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary .J:'2004\042110\SPECSGENERAL PROV.DOC General Provisions - 35 suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in I J:1200a042110\SPECSGENERAL PROV.DOC General Provisions - 36 I such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or ' b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or ' c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or ' g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or ' h. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. 1 [1 ' J*2004\042110\SPECSGENERAL PROV.DOC General Provisions - 37 I Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under 1 contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise ' included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her 1 responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 J:'2004\042110\SPECSGENERAL PROv.DOC General Provisions - 38 I I SECTION 90 ' MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be ' measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. ' Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal ' plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. ' The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, ' the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the ' Engineer directs, and each truck shall bear a plainly legible identification mark. 1 Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed, and such weights will be converted to cubic yards for J:12004\042110\SPECSGENERAL PROV.DOC General Provisions - 39 I payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60 F or will be corrected to the volume at 60 F using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be ' used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in ' the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the , Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. I Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the 1:\2004\042110\.SPECSGENERAL PROV.DOC General Provisions - 40 LI El I I I I I I nominal rated capacity of the scale, but not less than 1 pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 -pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighing -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. ' In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the ' weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. ' When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are ' revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of ' the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled J:12004\042110\SPECSGENERAL PROV.DOC General Provisions - 41 I ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ' ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually , completed and acceptable prior to the Engineer's order to omit or non -perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in , accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until , the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: , (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. J12004\042110\SPECSGENERAL PROV.DOC General Provisions - 42 Li ' (3) Quantities of materials, prices, and extensions. ' (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and ' transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. I I I I I C I I J I Cl I 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. J:'2004\042110\SPECSGENERAL PROV.DOC General Provisions - 43 I LI 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: , a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. 1 c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and ' specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. 1 � I E 1l 1:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 44 I I I I 1l [i I I I I I I 7 I I I 1 I J:\2004\0421 10\SPECSGENERAL PROV.DOC General Provisions - 45 1 a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 IJ SECTION 100 , CONTRACTOR QUALITY CONTROL PROGRAM , 100-01 GENERAL. The Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that ' the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own I standard of control. The Contractor shall be prepared to discuss and present, at the pre -construction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical , specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM a. General Description. The Contractor shall establish a Quality Control Program to , perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed access by the Contractor to establish an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, J:\2004\0421 I0\SPECSGENERAL PROV.DOC General Provisions - 46 I I I I 1 I I [1 I I I I Li I construction, of off -site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least calendar 5 days before the Preconstruction Conference. Submittal of the written Quality Control Program prior to the start of work will allow for detailed discussion of the requirements at the preconstruction meeting. This will give the Contractor a better understanding of the requirements before developing the Quality Control Program. The Quality Control Program shall be organized to address, as a minimum, the following items: a. Quality control organization; b. Project progress schedule; Submittals schedule; c. Inspection requirements; d. Quality control testing plan; e. Documentation of quality control activities; and f. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart; shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing, for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program the personnel assigned shall be subject to the qualification requirements of paragraph 100- 03a and 100-03b. The organizational chart shall indicate which -personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: ' a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, consultant engaged by ' the Contractor. The Program Administrator shall have a, minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a, project of comparable size and scope as the contract. 1 I J:\2004',0421I0\SPECSGENERAL PROV.DOC General Provisions - 47 I I Additional qualifications for the Program Administrator shall include at least I of the following 1 requirements: (1)Professional engineer with 1 year of airport paving experience acceptable to the Engineer. 1 (2)Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. 1 (3)An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4)Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). (5)Highway materials technician certified at Level III by NICET. 1 (6)Highway construction technician certified at Level III by NICET. (7)A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway to , and/or airport paving experience acceptable the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with tie contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at,the job site within 2 hours after being notified of a problem. b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. 1 The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1 (1)Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. 1 (2) Performance of all quality control tests as required by the technical specifications and Section 100-07. 1 Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. J:\2004\0421101SPECSGENERAL PROV.DOC General Provisions - 48 1 '7 Li c. Staffing Levels. The Contractor shall provide sufficient qualified quality control ' personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match ' the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. ' 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in ' Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. has a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis; or as otherwise specified in the contract. Submission of the work ' schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract ' 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: I I I I I I I I I a. Specification item number; b. Item description; c. Description of submittal; d. Specification paragraph requiring submittal; and e. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by, the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the, following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. b. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 49 I I that all such operations are in conformance to the technical specifications, and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the ' following: a. Specification item number (e.g., P-401); b. Item description (e.g., Plant Mix Bituminous Pavements); c. Test type (e.g., gradation, grade, asphalt content); d. Test standard (e.g., ASTM or AASHTO test number, as applicable); e. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); f. Responsibility (e.g., plant technician); and g. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically -based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the, opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. ' 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections, or tests;,, nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily, The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: a. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that 1:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 50 1 I I I I I I I I continuous quality control inspections have been performed and shall, as a minimum, include the following: (1) Technical specification item number and description; (2) Compliance with approved submittals; (3) Proper storage of materials and equipment; (4) Proper operation of all equipment; (5) Adherence to plans and technical specifications; (6) Review of quality control tests; and (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: (1) (2) (3) ' (4) (5) (6) ' (7) (8) (9) I Li I I I li L Technical specification item number and description; Test designation; Location; Date of test; Control requirements; Test results; Causes for rejection; Recommended remedial actions; and Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. J:\2004\0421101SPECSGENERAL PROV.DOC General Provisions - 51 I En The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on -site or off -site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective, Quality Control Program, as determined by the Engineer, the Engineer may: (1). Order the Contractor to replace ineffective or unqualified quality, control personnel or subcontractors. I II I I [] I I I I (2). Order the Contractor to stop operations until appropriate corrective actions is taken. I END OF SECTION 100 1:12004\042110\SPECSGENERAL PROV.DOC General Provisions - 52 I I I I I I FI L C] 11 Li I I I I I I I I I I H I SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for material to be sampled and tested on a statistical basis, the material will be evaluated for acceptance in accordance with this section. All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot that is within specification limits. This concept, termed percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U for upper) for the particular acceptance parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or Qu for Upper Quality Index) is computed and the PWL for the specified n is determined from Table I. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the sampling position within the sublot in accordance with the random sampling requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Average all sublot values within the lot to find X by using the following formula: Where: X = Average of all sublot values within a lot x1, x2 = Individual sublot values n = Number of sublots e. Find the standard deviation (Sn ) by use of the following formula: Sn = [ (d,2 + d22 +d32 + ... dn2) / n-1 ]1n Where: = Sample S. standard deviation of the number of sublot values in the set d,, d2 = deviations of the individual sublot values X,, X2. from the average value X that isd,=(x,-X),d2=(x2-X)..dn=(Xn-X) n = number of sublots J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 53 I LI f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL = (X - L) / Sn Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements, If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double sided specification limits (ie. L, and U), compute the Quality Indexes QL and Qu by use of the following formulas: QL=(X-L)/Sn and Qu=(U-X)/fin Where: L and U = specification lower and upper U tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or Pu. Determine the PWL by use of the following formula: Where: PWL = (Pu + PL) - 100 I I L L I n I I PL = percent within lower specification limit Pu = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. I Li I A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 54 n=4 2. Calculate average density for the lot. X = (XI+X2+X3+,.X0)/ n X = (96.60 + 97.55 + 99.30 + 98.35) / 4 X = 97.95 percent density 3. Calculate the standard deviation for the lot. Sn = [(96.60 -97.95)2+(97.55-97.95)2+(99.30-97.95)2+(98.35-97.95)2)/4- 1)112 Sn = [ (1.82+0.16+1.82+0.16) / 3 j1rz Sn = 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X-L)/Sn QL = (97.95-96.30) / 1.15 QL = 1.4384 5. Determine PWL by entering Table 1 with QL = 1.44 and n = 4. PWL=98 98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3.25 2. Calculate the average air voids for the lot. X= (x1+x2+x3..n)/n X= (5.00+3.74+2.30+3.25)/4 X = 3.57 percent 7:\2004\042110\SPECSUENERAL PROV.DOC General Provisions - 55 3. Calculate the standard deviation Sn for the lot. Sn = [(3.57_5.00)2 + (3.57-3.74)2 + (3.57-2.30)2 + (3.57-3.25) )2 / 4-1) ]1R Sn=[(2.04+0.03+1.62+0.10)/3 ]1R Sn = 1.12 4. Calculate the Lower Quality Index QL for the lot (L= 2.0) .0 (X QL= -L)Sn QL = (3.57-2.00) / 1.12 QL = 1.3992 5. Determine PL by entering Table I with QL = 1.40 and n=4. 97 PL=97 6. Calculate the Upper Quality Index Qu for the lot 5.0) (IJ=5.0) QU= (U -X)/ Sn Qu = (5.00-3.57)11.12 Qu = 1.2702 7. Determine Pu by entering Table with Qu = 1.27 and n=4. Pu = 93 8. Calculate Air Voids PWL PWL = (PL + Pu) - 100 PWL=(97+93)- (97 + 93) - 100=90 J:\2004\042110\SPECSGENERAL PROV.DOC General Provisions - 56 I I 7 i CI 7 L I I C I I C I I CI I H I TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN -LIMITS (PWL) Percent Within Limits (PWL), PL, and Pu Positive Values of Q n=5 n=6 n=7 n=8 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4716 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 87 1.0597 1.1100 1.1173 1.1191 1.1199 1.1204 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281 81 0.9550 0.9300 0.9123 0.9025 6.8966 0.8928 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1613 0.1592 55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 53 0.1087 0.0900 0.6843 0.0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 50 0.0 0.0 0.0 0.0 0.0 0.0 I JA20041042110\SPECSGENERAL PROV.I3OC General Provisions - 57 I TABLE I. TABLE FOR ESTIMATING PERCENT, OF LOT WITHIN LIMITS (PWL) Percent Within Limits (PWL), PL, and Pu Negative Values of Q (QL and Qu) n=3 n=4 n=5 n=6 n=7 n =8 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 36 -O.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0.5563 -0.4800 -0.4545 -0.4424 -O.4354 -0.4310 33 -0.5878 -0.5100 -O.4836 -0.4710 -0.4638 -0.4592 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 19 -0.9550 -0.9300 -0.9121 -0.9025 -0.8966 -0.8928 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 13 -1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4716 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 I -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 END OF SECTION 110 I I n I I I H I I I I I I Li I J12004\042110\SPECSGENERAL PROV.DOC General Provisions - 58 II I I 7 I I I I I I I H I H I 1, SPECIAL PROVISIONS GENERAL. The GENERAL PROVISIONS presented hereinbefore are basically a presentation of FAA's (the primary funding agency's) standards. These SPECIAL PROVISIONS, where in conflict with the GENERAL PROVISIONS, shall supersede and take precedence over the GENERAL PROVISIONS. Otherwise, the GENERAL PROVISIONS shall govern the work to which they apply. DESCRIPTION OF THE PROJECT. The work to be performed under this Project includes the furnishing of all equipment, materials, and incidental items, and performing all labor required to construct the Taxiway work including perform stripping, excavation, embankment, drainage, base material, pavement, taxiway lighting relocation, grading and seeding. COORDINATION OF THE WORK. The work on this project consists of improvements to an airport in actual operation; therefore, the Contractor shall cooperate with the airport management to hold the "displaced runway threshold" to the minimum time required. The airport is to remain open during the construction of these improvements, and it is imperative that construction activities be carried on in such a manner that the safety of aircraft using the airport will not be impaired in any way. The Contractor's equipment will not be operated closer than 250 feet of any runway centerline or 300' feet from the end of the existing runway unless under a "Closed Runway" or a "Displaced Threshold" condition. Additional safety and construction requirements are listed hereinafter in these SPECIAL PROVISIONS under the sub -heading SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES. In addition, the Contractors and/or Subcontractors must coordinate their activities so that one does not damage work previously completed by the other. SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES "Safety Requirements on Airports During Agency Funded Construction Activity" (Order SW 5200.5) and also FAA Advisory Circular 150/5370-2C. These safety requirements shall govern the construction process. Construction Activity and Aircraft Movements (a) Safety requirements for construction activity affecting aircraft movement areas have been coordinated with the airport owner (or operator) and representatives of the Airports District Office, Airports Certification Staff, General Aviation District Office, Air Carrier District Office, Air Transportation Security Field Office, Air Traffic Division (ASW-530), Airway Facilities Division (ASW-420), and Logistics Division (ASW-56) as appropriate for the particular location. As a result of this coordination, a work sequence intending a minimum of disruption to aircraft operations has been developed. The resulting restrictions imposed on the Contractor have been included as a part of the contract provisions. (b) During the time that the contractor is performing the work, the aprons, taxiways, and runway at the airport will remain in use by aircraft, to the maximum extent allowable. Aircraft operations, unless otherwise specified in the contract specifications, shall J:'2004\0421 I 0\SPECSISPECIALPROV. DOC Special Provisions - 1 I- [1 always have priority over any and all of the Contractor's operations. The Contractor t shall not allow his employees, subcontractors, material suppliers or any other persons over whom he has control, to enter or remain upon any part of the airport which would be a hazardous location. Should the contractor be too close to the portion used by aircraft for safety, the Engineer may, at his sole discretion, order the contractor to suspend his operations, remove his personnel, plant, equipment, and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. Limitations on Construction. The following restrictions shall normally pertain for activity at airports. In cases where it has been determined that the following restrictions are inappropriate, similar requirements shall be developed on a case -by -case basis. (a) When construction work is being accomplished adjacent to an active runway when visibility minimums are greater than or as low as one mile, equipment shall not be permitted within 250 feet from the runway centerline, or within 200 feet horizontally of any aircraft on an active runway. (b) When construction work is being accomplished adjacent to an active runway when visibility minimums are below one mile, equipment shall not be permitted within 250 feet from the runway centerline. (c) All work which is too close to the ends of the runway for accomplishment during condition (a) above, shall be performed during periods of closed runway. (Ref. NOTAM requirements hereafter). (d) When construction is being accomplished adjacent to an active runway, equipment below the VFR 7:1 slope but penetrating the IFR 7:1 slope shall be obstruction -marked and lighted for night operations. (e) Men, equipment or other construction material will be permitted in the approach or ' departure zones of active runways, provided that the construction activity is conducted below 34:1 approach plane originating 200 feet from end of runway. Any construction activity which is contemplated in the approach zones which would violate these planes will require consideration (threshold displacement, lighting, etc.) Threshold displacement where visibility minimums are 3/4 mile will be 200 feet from the intersection of the 34:1 slope. For visibility minimums of one mile or more, the threshold will be located where the 34:1 slope intersects the runway except that at least a 200 foot safety area will be required between the obstruction and the displaced threshold. (f) Open trenches, excavation and stockpiled material will not be permitted within 250 feet of the centerline of the active runways at air carrier airports. Coverings for open trenches must be of such strength as to support the weight of the heaviest aircraft operating on the runway. (g) Flare pots will not be permitted for temporary lighting of pavement areas or to denote construction limits. J:\2004\0421 I 0\SPECSISPECIALPRO V.DOC Special Provisions - 2 ' I I (h) Construction equipment shall not exceed a height of 150 feet above the airport surface. Any equipment exceeding a height of 75 feet shall be obstruction -marked and lighted at night, and when not in use lowered to its stowed height. Notams I. (a) The Airport Owner or his Designated Representative shall issue the necessary Notice to Airmen (NOTAMS) to reflect hazardous conditions during construction. The Contractor shall provide the Engineer with the necessary information as to the work schedule in advance so the Engineer may coordinate with and provide the Owner with the work schedule for the i ssuance of the NOTAMS. It is important that NOTAMS be kept current and reflect the actual conditions with respect to the ' construction situation. Active NOTAMS shall be reviewed periodically and revised to reflect the current conditions. ' (b) Inspections will be made frequently by both the Airport Owner and Engineer during critical phases of the work to insure that the Contractor is following the required safety procedures. Due to the nature of the proposed project the Contractor's work schedule and working hours shall be subject to several restrictions. In order to maintain aircraft operations, a portion of the project must be constructed under "closed airport", "closed taxiway" and "displaced threshold" conditions. In addition, upon completion of each day's work, the Contractor must restore the runway safety area to a condition meeting safety requirements. The runway must be closed for the portion of the work including the runway cleaning and sealing, however closed runway shall occur only during nighttime working hours defined below. The I, following sections contain additional information and requirements on the construction procedures. Construction Procedures The proposed project is subject to several restrictions. In order to maintain air -freight and private aircraft operations at the airport, the project must be constructed in several phases. The closed runway time shall be held to the minimum time required for the taxiway connection to the runway, and the Taxiway within the runway safety area shall be graded or finished so all slopes are 5% maximum. (a) Work Requirements. The Contractors shall provide adequate portable lighting during fnighttime hours to minimize shadows within the work area. The minimum light level at any point shall be one foot-candle. The Contractor will be working within the east Runway Safety Area for Runways 16 and 34 for the taxiway improvements. The approach slope at each end of the runway ' shall have the required obstruction free areas which depend upon the distance from the end of the runway as herein before described. IJ:\2004\0421i0\SPECS\SPECiAL-PRov.DOC Special Provisions -3 I The Contractor will be subject to working within the existing runway safety areas and the runway object free area for Runways 16 and 34 and shall keep his equipment below this slope during all aircraft operations, unless working under the closed 1 Runway/Airport condition. The Contractor shall complete work on the taxiway widening or runway cleaning and I sealing within the given night's work. The Contractor shall plan and schedule his nights work so as to complete the taxiway widening area within the runway safety area and to bring the area to within a 5 percent slope with no more than a 2 -inch drop at the pavement edge. The Contractor shall install the topsoil along the taxiway within the Runway Safety I Area immediately following the paving operation. The Contractor shall not have a vertical drop of more than 2 -inches along the edge of the taxiway during the open ' runway/airport condition. The vertical drop on a taxiway within the runway safety area shall also meet the above criteria. The Contractor shall generally follow the sequence of work set out below and shall 1 submit a detailed work schedule to the Engineer and Owner for approval. (b) Order of Work. The construction items have been grouped into phases and listed in an ordered sequence in the following tables. The purpose of this ordered sequence is to limit the disruption of aircraft operations and at the same time to minimize the required "closed airport" time. This order of work is a suggested schedule, subject to variations; such variations can be approved by the Engineer. Order of Work Work Work Runway , Phase Time Limitations Work Items I Day None Taxiway "A" & "E" outside the Runway Safety Area II Night Closed Airport Taxiway "A" & "E" within the Runway Safety Area (2 (3) Legal Holidays. No holiday, during the Work Phase II shall be at the discretion of the Contractor including Sunday. (c) Closed Runway/Airport. The runway shall be closed at night in order to complete the connecting taxiway at midfield to the runway within 250' of the runway centerline. The schedule for the closed runway period has been established to minimize the effect upon flight operations. The Contractor shall begin the work on the first night the runway is closed. The runway shall remain closed each night as directed by the Engineer until the Contractor completes the taxiway improvements within the runway safety area. The taxiway work may be completed in several sub -phases under Phase II. .J:'2004\0421 I 0\SPECSVSPECIAL-PROV. DOC Special Provisions - 4 ' L (1) Closed Runway Markings. The Contractor shall provide two yellow closed crosses as shown on the Plans. The crosses shall be placed at each end of the pavement at the start of each night's work and the crosses shall be outlined ' yellow lights or shall be otherwise illuminated for night time periods. The runway lights, VAST, MALS, and Beacon lights shall be turned off during periods the runway is closed. The closed runway crosses and lights shall be ' removed from the runway, by the Contractor, at the end of each night's work. The crosses shall remain the property of the Contractor upon completion of work. No separate payment shall be made for providing, installing, and removing the closed runway crosses. (2) Flight Operations Between 9:00 P.M. and 6:30 A.M. Flight operations during the normal night working hours may occur due to any emergency conditions, which may require the use of the runway. The Contractor shall monitor the airport frequency for any emergency condition and immediately move his r equipment from the runway safety area providing all safety criteria are met. (3) Legal Holidays. No holiday, during the Work Phases shall be at the discretion of the Contractor including Sunday. ' (d) Clean-up. From time to time the Contractor shall clean up the construction site, in order that the site present a neat appearance and the progress of the work not be impeded. One such period of clean-up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary plant, equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. Following each work shift, the runway and taxiway shall be swept clean of all loose aggregate and other foreign matter. Clean-up will not be measured for separate payment but shall be considered subsidiary work pertaining to the several items of the contract. (e) Working Hours. Day: Working hours for those Work Phase I for which "Day" is listed in Work Time columns are at the discretion of the Contractor (see Order of Work Table). Night. Working hours for the Work Phase 11 for night time are set to minimize the closed runway/airport condition. The Airport Management may grant some minor adjustment of the work time in this phase. Entrance, Parking Area and Security. Forces of the Contractor and the Engineer shall enter and leave at he airfield at the gate location(s) shown on the Plans. Only the designated entrances shall be used. The gate(s) shall be unlocked or opened at work time for access to the airfield then shall be locked or closed for the remainder of the workday. The movement of equipment and materials shall be made through the designated gate(s), the gate(s) shall ' J:\2004\0421 I0\SPECS\SPECIAL-PROV.DOC Special Provisions - 5 I remain locked or closed at all times except when needed for access. Should the gate(s) need to remain unlocked or opened for extended periods of time the Contractor shall station a watchman at the gate to prevent unauthorized personnel from entering the airfield. See the paragraph which follows, entitled CONTRACTOR'S ROUTINE ACCESS TO SITE. The Contractor shall store his equipment during non -working hours at locations approved by the Airport Manager within the airport property close to the project sites. Schedule of Work. The schedule of each day or night's work shall be as proposed by the Contractor shall be submitted to the Engineer a minimal of 12 hours before each work shift. The schedule need not be elaborate but shall be in detail sufficient to show clearly the exact work that the Contractor is proposing. At the first part of each operation, and until some table of experience has been developed, the proposed work shall be on the conservative side. It is vital that the runway be ready for use by aircraft at the intended time. Clearance for use with FAA. At the end of each days work within the construction area zone, the Engineer or the Owner's Representative shall determine that the section of runway or taxiway is ready for return to services. They will inform the representative of the Federal Aviation Administration, in the control tower, of the results of their inspection. It shall be the privilege of the FAA representative to make inspections also. If such inspection is desired, the representative and the Engineer shall develop a method of inspection that will produce the required information, and without interference with the work. Radio Control. The construction of the extended runway safety areas requires that during certain periods of time, the Contractor will be within active runway area with equipment and materials. The Contractor shall have personnel stationed to control construction traffic within the safety area of the runway. This control shall be accomplished through the communication with the Air Traffic Control Tower using two-way, portable radios. The Contractor shall furnish two multi -channel portable radios Bendix/King KX-99 complete with leather carrying case, vehicle lighter trickle charger manufactured by Bendix/King General Aviation Avionics Division, Olathe, Kansas (913 782-0700), or equal, and combination microphone headset David Clark Model 1080 in operable condition and shall be tuned to the specified frequency at all times. All instructions issued to the Contractor by the control tower or by the Engineer shall be complied with in a prompt manner. Upon direction from the control tower the Contractor shall move all of his equipment and personnel to an area at least 250 feet from runway centerline or 300 feet beyond the end of the runway. Equipment and personnel shall not be returned to the restricted work area until pet mission for such return is granted by the air traffic control tower. Upon completion of the contract, the radios shall remain the property of the Contractor. No extra payment shall be made for the radios. Motorized Vehicles. (a) When any vehicle other than those routinely used in the aircraft movement area and runway safety area is required to travel over any portion of that area, it shall be escorted by a vehicle properly identified to operate in the area. The escort vehicle shall be lighted for routine use on aircraft movement areas. Optionally, all vehicles may be equipped with a flashing yellow dome -type light. Any vehicle operating on the movement area during the hours of darkness should be equipped with a flashing I I I I I I I I I I I I I I I 1:\2004\0421 I 0ASPECS\SPECIAL-PRO V.DOC Special Provisions - 6 , L1 I I I I I I I I L I I L I I I I I I red dome -type light. If the airport has a security plan, check for guidance on additional identification and control of construction equipment. (b) Vehicular traffic crossing active movement areas must be controlled either by two- way radio with the control tower, by escort, or the means appropriate for the particular airport. The clearance shall be confirmed by the driver's personal observation that no aircraft is approaching his position. (c) Debris, waste and loose material capable of causing damage to aircraft landing gears, propellers or being ingested in jet engines shall not be placed on active aircraft movement areas. Material tracked on these areas shall be removed continuously during the work project. IDENTIFICATION OF "ENGINEER". "Engineer" shall mean the firm of McCLELLAND CONSULTING ENGINEERS, INC., which has been employed by the Owner for this work, or the firm's duly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them, whose decisions shall, in all cases, be subject to final approval by the Engineer. AUTHORITY OF THE ENGINEER. The Engineer shall have the following authority: (1) to interpret the Plans and Specifications and define their intent and meaning; (2) to determine whether the work done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; (3) to make decisions on all matters relating to the execution and the progress of the Work; (4) to coordinate the Work of the Contractor with the Work of other contractors; (5) to stop the Work whenever, in the opinion of the Engineer, such stoppage may be necessary to insure the proper execution thereof; (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; (8) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; but the Engineer shall not have authority to amend or modify the Construction Contract; (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; J:12004042110\SPECSISPECIAL-PROV.DOC Special Provisions - 7 I (10) to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Plans and Specifications, or does not meet the requirements of any inspection, test or approval referred to hereafter or has been damaged prior to approval of final payment); (11) to require special inspection or testing of the Work as provided for hereafter whether or not the Work is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for ' decision; which he will render in writing within a reasonable time; All decisions and determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. LIMITATIONS OF THE ENGINEER'S RESPONSIBILITIES. Neither the Engineer's authority to act under the Plans and Specifications nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any S ubcontractor, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. The Engineer will not be responsible for the Contractor's means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for the Contractor's failure to perform the Work in accordance with the Plans and Specifications. The Engineer will not be 1 responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work. ENGINEER'S VISITS TO THE SITE. The Engineer will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Plans and Specifications. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Plans and Specifications. On the basis of his on -site observations, he will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. All of the work performed shall be subject to the inspection and approval of the Engineer. The Engineer and his representatives shall at all times have access to the work and the materials necessary for the performance thereof, and the Contractor shall provide proper facilities for access and inspection. If the Plans and Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any of the work to be tested or approved, the Contractor shall give the I Engineer timely notice of its readiness for inspection and, if the inspection is by authority other than J:\2004\042110\SPECS\SPECIAL-PROV.DOC Special Provisions -S 8 LJ I I E I I I I I I I I I I I 1 I the Engineer, of the date fixed for such inspection, but any such inspection shall not diminish the necessity of inspection and approval by the Engineer. Inspections made by the Engineer shall be promptly made. If any work should be covered up without the approval or consent of the Engineer, it must be uncovered for inspection at the Contractor's expense if required by the Engineer. CONTRACTOR'S EXAMINATION. The Contractor will be held to have examined all information, documents, and drawings furnished to him by or on behalf of the Owner in connection with this Contract and shall consult with the Engineer in the event of any error or inconsistency or in the event any portion of the Work is not sufficiently detailed or explained, and in no event shall the Contractor proceed with the Work in uncertainty. It is understood and agreed that the Contractor has, by personal examination at the site, checked the material and location of the work; the type of equipment, storage space and facilities needed preliminary to, and during execution of the work; the general and local conditions, and all other matters which may, in anyway, affect or have a bearing on the work of the Contract and its costs. The Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions provided in the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract price in accordance with the requirements of the Plans and Specifications and t hat h e has correlated the results o f a ll such d ata w ith the requirements o f t he Plans and Specifications. Failure on the part of the Contractor to have fully informed himself of site conditions, and to fully understand the extent of the Work required, shall not excuse him in any way from his obligation to supply and install the Work in accordance with the Specifications and Plans, and under all conditions as they exist. No extra compensation will be allowed because of his failure to so inform himself. His submission of a bid on the project shall be considered as sufficient evidence that the Contractor has complied with the above requirements. ARRANGEMENT OF SPECIFICATIONS AND PLANS. Titles to sections and paragraphs in the Specifications are used merely for convenience, and shall not be taken as a correct or complete segregation of the several units of materials, equipment and labor, nor as an attempt to outline or define jurisdictional procedures. Likewise, the identifications of any Plans shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. No responsibility, either direct or implied, is assumed by the Engineer, or the Owner, for omissions or duplications by the Contractor or by any of his subcontractors, due to real or alleged errors in arrangement of matter in the Plans and Specifications. WORKMEN. The Contractor shall employ, or cause to be employed, on or in connection with the performance of the Work only persons who are fit and skilled in the work assigned. The Contractor shall at all times enforce, or cause to be enforced, strict discipline and good order among the workmen employed on the Work. Should any disorderly, incompetent, or objectionable person be employed by the Contractor, or by any subcontractor, upon or about the Construction Site, the Contractor shall, upon request of the Engineer, cause such person to be removed from the Work and not again employed thereon without the written permission of the Engineer. HORSEPLAY. FIGHTING AND ROAMING. Horseplay, scuffling, fighting or carrying of firearms is not permitted on the Construction Site. The Contractor's men shall confine their activities to the specific area of construction work. I JA2004\0421 Io\SPECsISPECIAL-PROV.DOC Special Provisions - 9 INSURANCE GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all insurance policies and certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement. "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days written notice has been received by the Owner". In case of the breach of any provision of this Article, the Owner at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all ofhis employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workman's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Haborworker's Act and the Federal Jones Act. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. GENERAL LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract such general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. Coverage for property damage shall be on a "broad form" basis with no exclusions for "XC & U". Amount of insurance to be provided shall be as shown below: I I I I I I I E I I I I U I J:\2004\0421 I 0\.SPECS\SPECIAIIPRO V.DOC Special Provisions - 10 , I I 1. Contractor's Comprehensive General Liability Insurance I [1 I I I I I I [1 I 11 1 I For not less than the following limits of liability: Bodily Injury: $1,000,000 each occurrence $500,000 aggregate Property Damage: $500,000 each occurrence $250,000 aggregate Include the following coverage: o Waiver of all "XCU" exclusions. o Broad Form Property Damage and Personal Injury Liability. o Independent Contractor's Coverage 2. Contractor's Comprehensive Automobile Liability Insurance For not less than the following limits of liability: Bodily Injury: $ 500,000 each person $1,000,000 each occurrence Property Damage: $ 500,000 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. 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, Builders Risk All Risk Insurance coverage in an amount equal to the full replacement value of structures, equipment, electrical, and mechanical systems only. Such insurance shall not exclude coverage for earthquake, landslide, flood, collapse, blasting, or loss due to the results of faulty workmanship and shall provide for losses to be paid to the Contractor, Subcontractor, and the Owner as their interests may appear. ' OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE The contractor's shall, at his expense, provide the Owner with an Owner's and Contractor's Protective Liability Insurance Policy naming the Owner as the named insured and the Engineer, its architects and ' J:\2004\0421 IO\SPECS\SPECIALPROV.DOC Special Provisions - 11 I engineers, and each of their officers, agents, and employees as additional insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. Limits of policy coverage shall be: , Bodily Injury: $ 500,000 each person , $1,000,000 aggregate ' Property Damage $ 250,000 each person $ 250,000 aggregate OR , $1,000,000 combined -single limit each occurrence/aggregate. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in these SPECIAL PROVISIONS. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contractor, there will be no personal liability upon any ' public official. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their , agents and employees from and against damages, losses, and expenses including attorney's fees, up to the amount of the Contract price, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnity in the design, or by the sole negligence of any indemnity in the observation of the Work that is the subject of this construction Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any I imitation on the a mount 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. , J:\2004\O42110\SPECS\SPECLILPROV.DOC Special Provisions - 12 , I I I The above named limits shall be operative except where, in the opinion of the Owner, the character of the work and hazards involved warrant the establishment of greater coverage (established by letter from the Owner to the Contractor). The Contractor shall furnish the Owner with duplicate copies of all policies or certificates from insuring agencies as evidence that these requirements have been satisfied. It shall be the entire responsibility of the Contractor to purchase and place in effect during the entire life of the Project, all insurance and bonds as applies to the Project and is requested herein. ' CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In addition, the ' bidder shall provide a statement of premium cost issued by the agent or insurance carrier for that coverage. In the event the Owner determines that the low bidder's coverage in force is inadequate, the Owner may require the low bidder to procure additional coverage in amounts specified by the Owner. The cost of premiums for such additional coverage shall be paid by the Owner in the form of a reimbursement under the contract. In the event the low bidder is unable, after diligent effort, to procure such additional coverage as may ' be required by the Owner, the Owner shall provide such additional coverage, naming the contractor as insured or, at the option of the Owner, reduce the amount of additional coverage required or waive any requirement for additional coverage. Third Party Coverage The bidding documents require the contractor to name the engineer and the ' Owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium, for the named Owner and Engineer, above ' the premium for the coverage shown in the Certificate of Insurance submitted with the bid. The additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract under Bid Item No. I-36. Surety and Insurer Qualifications All bonds, insurance contracts, and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company, having his place of business in the State of Arkansas, and in all way complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly ' licensed and qualified to do business in the State of Arkansas. SUBCONTRACTORS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner, nor shall the Contractor allow such Subcontractor to commence work until he has provided and obtained approval of such compensation and General Liability insurance as maybe required under the laws of the State. The approval of such Subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. ' CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be used by the Contractor for the use of his employees, subcontractors, suppliers, etc. in gaining routine access to J:X2004\042110\SPECS\SPECIAL-PROV.DOC Special Provisions - 13 I the site on a daily basis is described in Section "SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES" of these SPECIAL PROVISIONS. The Owner may limit the areas available for parking for the Contractor's work force. , OWNER -FURNISHED MATERIALS. Section 60-08 of the GENERAL PROVISIONS, as related to Owner -furnished materials is clarified as follows: there are no owner -furnished materials planned ' for this project. All materials required for completion of the project are to be provided by the Contractor. OUA ITY OF THE PLANS. The Plans have been made with care but cannot be assumed to be correct in every detail when some of the conditions to be encountered may not be shown on existing maps and are underground. The approximate locations of existing improvements are shown. The placing of this information on the Plans in no way obligates the Owner or Engineer as to its correctness, as it is indicative only and is placed there for information and assistance to the Contractor. It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. Minor details not usually shown or specified, but necessary for the proper installation and operation, shall be included in the work as if shown or specified. Wherever the work "provide" is used, it shall mean "furnish and install complete and ready for use." The accuracy of dimensions shown on drawings furnished to the Contractor by the Engineer having reference to any existing work, structure or facility is not guaranteed. The Contractor shall satisfy himself to such accuracy of such existing dimensions before starting the work. I Whenever existing obstructions or dimensional inaccuracies capable of verification by the Contractor in the field, or minor variations in indicated arrangements or dimensions of equipment, interfere with the installation as shown on the Plans, the Contractor shall make such necessary alterations as are approved by the Engineer and such alterations shall not constitute a basis for extra payment. PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL PROVISIONS do not apply to this project. The entire project is to be satisfactorily completed and ready for the Owner's I use before acceptance. PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is emphasized. Within 7 days following execution of the Contract, the Contractor shall provide the Engineer with a suggested progress schedule for the project. The schedule shall be subject to approval by the Engineer. At least monthly, generally in conjunction with the processing of requests for partial payment, the Engineer and Contractor shall review the progress schedule, assess whether the project is on schedule, and adjust the schedule as necessary to maintain the required project completion date. Alterations to the progress schedule may require that the Contractor implement a larger work force and/or work weekends and/or holidays to meet the required deadline. Extra payment will not be made for required changes in size of work force or work hours. , J:\2004\O42110\SPECS\SPECIA4PROV.DOC Special Provisions - 14 1 I I [1 I I I I WORK DONE WITHOUT LINES AND GRADES. Any Work done without lines, grades, or levels ' being given properly established, or done without the approval of an inspector or other representative of the Owner, may be ordered removed and replaced at the Contractor's cost and expense. CONTRACTOR TO PERFORM CONSTRUCTION STAKING. Special attention is called to the fact that the Contractor will be required to perform his own construction staking. The Engineer, however, will provide a reference line for project alignment and a temporary benchmark from which the Contractor may work. Thereafter it will be the Contractor's responsibility to set all grade hubs (blue tops), clearing stakes, slope stakes, etc. The Contractor shall verify all grades and dimensions as shown on the Plans, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. The Contractor will be held responsible for the accuracy of the layout of all the work. All of the Contractor's survey work will be subject to the review of the Engineer's representative as a part of the construction observation process. In addition to the locations where spot elevations are shown on the grading plan, the Contractor will be required to set grade hubs at a maximum of fifty (50') foot centers for construction of the subgrade and base courses. ' PRESERVATION OF MONUMENTS AND STAKES. The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, and in case of willful or careless destruction of the same, he will be charged with the resulting expense of replacement, and shall be responsible ' for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part ' of the Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or benchmarks which must of necessity be removed or disturbed in the construction of ' the work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also furnish at his own expense such materials and assistance as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. OTHER CONTRACTORS. The Owner may perform additional work related to the Project by himself, or he may let other direct contracts therefore similar to this one. The Contractor shall afford the other contractors who are parties to such direct contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractor's Work depends on proper execution or results upon the Work of any such other contractor (or Owner), the Contractor shall inspect and promptly report to the Engineer in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution ' and results. His failure to so report shall constitute an acceptance of the other Work as fit and proper for the relationship of his Work except as to defects and deficiencies, which may appear in the other Work after the execution of this Work. ' J:\2004\042110\.SPECS\SPECIALPROV.DOC Special Provisions - 15 I The Contractor shall do all cutting, fitting and patching of his Work that may be required to make its 1 several parts come together properly and fit it to receive or be received by such other Work. The Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their Work with the written consent of the Engineer and of the other contractors whose Work will be affected. If the performance of additional Work by other contractors or the Owner is not noted in the Plans and Specifications prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by the Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore. RECORD DRAWINGS. The Contractor shall keep one record copy of all Project Specifications, Plans, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Engineer and shall be delivered to him for the Owner prior to final acceptance of the Project. PUBLICITY. No information relative to the Work shall be released by the Contractor, either before ' or after completion of the Work, for publication or for advertising purposes without the prior written consent of the Owner and the Engineer. MODIFICATIONS AND WAIVERS. No change in, addition to, or waiver of any of the provisions of the Construction Contract shall be binding upon either Party unless in writing signed by an authorized representative of such Party. No waiver by either Party of any breach of the other Party of any of the provisions of the Construction Contract shall be construed as a waiver of any subsequent breach, whether of the same or of a different provision of the Construction Contract. ' STANDARDS. Materials or processes for which ASTM standards have been adopted shall, unless in conflict with specified requirements, meet the requirements of the latest edition of the ASTM standards. Where a specified material is followed by a reference to a specification, standard, test method or code such as "ASTM C150", "ASA Code", etc., it shall be understood to mean that the material shall meet the requirements of the referenced specification, standard, test method or code; and, except where a specific edition is referred to, it shall be understood that the latest edition including additions and/or amendments thereto, as of the date the Contract is awarded, shall apply to I Work under this Contract. TESTING. The Engineer will conduct OR CALL FOR compaction tests on earthwork, as necessary to assure proper compaction and therefore, a stable, a subgrade and base. Also, concrete cylinder tests will be made by a laboratory of the concrete used in the project at 7 days and 28 days of age to assure that quality concrete is being delivered to the job. The cost of the tests will be borne by the Owner, except that retests, made after first tests have failed, will be paid for by the Contractor. In view of this, the Contractor will want to be certain that he is ready for tests when he requests that they be made. The Contractor shall give the Engineer at least 24 hours notice, as to when any part of the Work will be ready for observation and/or testing. No part of Saturdays or Sundays shall be counted as part of , the required hours of notice. J:\2004\042110\SPECS\SPECIALPROV.DOC Special Provisions - 16 ' I The Engineer shall have the right to order special tests not required by the Specifications and/or the ' Plans, whereupon the Contractor shall promptly perform such tests. If the portion of the Work so tested proves to be in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for the Owner and if such testing delays the Work, the time within which the Work is to be completed shall be extended by a mutually agreed to period of time. If the portion of the Work so tested, however, proves to be not in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for by the Contractor and the time within which the ' Work is to be completed shall be extended by a mutually agreed to period of time. Neither observations by the Engineer nor the inspections, tests or approvals by persons other than the ' Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirement of the Plans and Specifications. I PAYMENT FOR STORED MATERIALS. lithe Contractor desires to be paid for "stored materials" in conjunction with one of the monthly progress payments, he shall provide the following documentation to the Engineer: (1) Itemized invoices from the supplier(s) of the materials giving a clear description of each stored item and its individual value. Invoices shall be clearly descriptive and identified as being for the particular project covered by these Specifications. (2) Insurance certificates covering the total value of all materials stored "off -site" (one for each separate off -site location) listing both the Owner and the Contractor as insured "as their interests may appear". (3) Legal titles to all items of stored materials certifying that the items are "free of liens and encumbrances". COST OF PLANS AND SPECIFICATIONS. The Engineer shall provide to each prime Contractor three (3) sets of Plans and Specifications to permit the Contractor to construct the project. The Contractor shall, compensate the Engineer with payment of Seventy-five dollars ($75.00) per set of documents required in addition to the three sets. OWNERSHIP OF ENGINEERING DATA. All Specifications, Plans and copies thereof furnished by the Engineer shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Construction ' Contract shall be returned to him on request upon completion of the Project. PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS. Separate ' sheets of the Plans and/or Specifications will not be available to subcontractors, suppliers and material dealers for their convenience at reproduction costs. However, it will be their responsibility to check their compliance with a complete set of contract documents prior to executing the Work to 'insure a complete and satisfactory interface with other contractors and/or subcontractors. ' DAMAGE TO EXISTING FACILITIES. The Contractor and/or subcontractor hereunder shall satisfy himself (themselves) as to the location of all underground and above -ground facilities and utilities in or near the site. They shall be continually liable for damage to all improvements and ):\2004W42lIO SPECs\SPECIALPRov.DOC Special Provisions - 17 I lands, whether the property of the Owner, hereunder, or others, caused by the Contractor's and/or I Subcontractor's personnel, equipment, or operation. REPORTING OF ACCIDENTS The Contractor shall submit a written report to the Engineer of any accident or injury occurring at the Construction Site. PRE -CONSTRUCTION CONFERENCE. Within twenty (20) days after delivery of the executed Construction Contract by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the heretofore mentioned schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, the Engineer, Resident Project Representatives, the Contractor and his Superintendent. WATERWAYS. Present natural and artificial waterways shall be left open to flow freely. Temporary dams or by-passes shall be provided when found necessary or ordered by the Engineer. SAFETY AND SECURITY. The Contractor shall comply with, and shall cause the employee and all subcontractors to abide by all safety and security laws, rules and regulations in force at the Construction Site. The provisions of the latest Associated General Contractors of America, Inc., dealing with safe practices pertaining to construction work shall be deemed to be in force at the Construction Site to the extent they do not conflict with such laws, rules, and regulations. The Engineer and the Owner shall assume no liability concerning the Contractor's safety practices, as safety on the Project will be the sole responsibility of the Contractor. FUNCTIONS OF THE ENGINEER AND RELATIONSHIP BETWEEN ENGINEER AND CONTRACTOR. The Engineer or his assigned representative will observe work on the project during the construction phases. The purposes for which such observation is conducted will be to endeavor to assure that: 1) physical limits and dimensions, as established in the Plans and Specifications, are adhered to, 2) materials and equipment installed on the project are equivalent to the type, kind, size, quantity, and quality required by the Plans and Specifications, and 3) the finished products or end results are those as established by the word and intent of the Plans and Specifications. Neither the Engineer nor his representative will attempt to instruct the Contractor or his employees or sub -contractors as to how a task is to be performed, or by whom a task is to be performed, or which machinery or equipment should be utilized to obtain the desired results. The Contractor, in submitting a bid for work herein specified, purports to be equipped and to have experienced craftsmen for the performance and construction of each and every phase of the project herein specified. In the event the Contractor does not have the necessary craftsmen in his employ, he shall sub -contract the work for which he has not the craftsmen, or he will otherwise secure the services of craftsmen who are skilled and experienced in all the specified tasks herein. I The Engineer shall have the following functions: (1) to interpret the Plans and Specifications and define their intent and meaning; J:\2004\O42110\SPECS\SPECIALPROV.DOC Special Provisions - 18 1 I (2) to determine whether the work done and materials furnished are in accordance with ' the terms of the Plans and Specifications and to condemn such in accordance herewith; (3) to make decisions on all matters relating to the execution and the progress of the Work; ' (4) to coordinate the Work of the Contractor with the Work of other contractors; ' (5) to stop the Work whenever, in the opinion of the Engineer, such stoppage may be necessary to insure the proper execution thereof; (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; I (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; I(S) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; but the Engineer shall not have authority to amend or modify the Construction Contract; ' (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work or material which is "defective" (which term is ' hereinafter used to describe Work or material that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Plans and Specifications, or does not meet the requirements of any test; (11) to require special testing of the Work or material as provided for hereafter whether or not the Work or material is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result ' of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for • decision; which he will render in writing within a reasonable time; All decisions and • determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days ' thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. The Engineer or his representative may inform the Contractor or his sub -contractors of circumstances which, in the opinion of the Engineer or his representative, may predict unsatisfactory J:\2004\0421101SPECSISPECU1lPROV.DOC Special Provisions - 19 I results, or he may caution the Contractors, relative to safety hazards which may exist, but these efforts to assist the Contractors or to prevent accidents or problems will in no way relieve the Contractors of their responsibilities and liabilities in these regards. I The Engineer or his representative may not be present during every phase of any construction operation, or if he is on -site, he may not witness each and every function or task that the , Contractor/sub-contractor may perform. This fact does not relieve the Contractor from his responsibility to see that each item of work and each installation performed by him or his ' sub -contractor is in strict accordance with the intent of these Plans and Specifications. CONTRACTOR'S RESPONSIBILITY REGARDING SPECIAL APPLICATION MATERIALS AND PRODUCTS. Within this project may be specified certain materials or products, which may be major components of the project or may be ancillary to major components, and which, due to their specified characteristics and/or capabilities, may be required as essential parts of the project. These materials or products are special in that they require special techniques in their application, and therefore, require experienced and skilled craftsmen. These materials or products include, but are not limited to the following: Sealants, lubricants, paints, primers, lacquers, stains, t hinners, solvents, curing compounds, mastics, bitumens, tars, waterproofing agents, insulating compounds, cementitious compounds, fillers, and epoxies. In furnishing and installing any of the above materials or products the Contractor shall be guided by and adhere to all of the manufacturer's recommendations or instructions relative to the materials or products, including but not limited to the following: Handling, storing, mixing, heating, protection from freezing, application, protection after application, protection of workmen, and curing and preparation of surfaces prior ' to application. The Contractor shall be liable for any failure of such material or products as applied to conform to the characteristics and/or capabilities of each as required by the specifications. TEMPORARY FACILITIES (a) Utilities for Construction - The Contractor shall arrange and pay for all gas, water, and electrical power used by him. He shall provide heat, at his own expense, as necessary for all areas. Electrical service connections shall be provided at the site by the Contractor for the purpose of field office lighting and any temporary lighting and power requirements for construction purposes. The Contractor shall determine the location of the existing electrical connection; shall make all temporary connections; provide all necessary extensions thereto, and shall remove all temporary connections and extensions at the completion of the Work. The Contractor shall , provide his own facilities for compressed air supply and steam. Temporary utilities of all kinds shall be removed promptly after their use has been discontinued, unless otherwise approved by the Owner. ' J:\2004\042110\SPECS\SPECIAL PROV.DOC Special Provisions - 20 ' I (b) Drinking Water - The Contractor shall furnish potable drinking water and disposable cups at the job site. The drinking arrangement shall comply with applicable requirements of the Arkansas State Health Department. ' (c) Bracing, Enclosures, Protection, Etc. - The Contractor shall properly and completely brace all parts of the work as necessary during the construction of the building. When necessary for the protection of materials or work, the Contractor shall erect ' sheds, enclosures, temporary barricades, or temporarily enclose the openings of the building to the satisfaction of the Engineer. ' (d) Sanitary Facilities - The Contractor shall furnish approved chemical type toilets at the construction site for use of all workmen on the job. Toilets shall be removed at the completion of the Work. Toilets will be maintained in a sanitary condition and will be removed by him upon completion of the Work. (e) Drainage, Etc. - The Contractor shall incorporate temporary measures as necessary to. ' prevent mud and other materials from getting into the drainage or other permanent piping during the construction period, and he shall do all plumbing, bailing and drainage of all water that may accumulate within the work area during the entire period of construction. He shall clean out any drainage pipes that may become clogged due to negligence or failure on his part to comply with this provision. ' (f) Roadways - The Contractor shall use established roadways where practical and when it is necessary to cross curbing, sidewalks or railroad tracks, protection against ' damage shall be provided by the Contractor. Any roads, curbing, sidewalks or railroad trackage damaged by the Contractor's work shall be repaired at the expense of the Contractor. Wherever existing roadways or sidewalks are cut for trenches in ' the Work, the Contractor shall provide and maintain safe and proper passage for the usual traffic over such cuts or trenches, by bridges blocking, planking, or other satisfactory methods. (g) Storage and Working Areas - Storage areas will be provided for the storage of the Contractor's materials and equipment, and he shall confine his materials, equipment and operations of his workmen to such limits as indicated by the Owner, and shall not unreasonably encumber the premises. No workmen shall trespass within other areas or buildings of the Owner than those related to the work of this Contract and the Contractor shall rigidly enforce this regulation. ' Any materials, equipment or temporary structures belonging to the Contractor shall be moved when so directed by the Engineer to permit the execution of Work by others in connection with the Project. Materials shall be stored so as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wood platforms and covered, or stored in a suitable building as directed by the Engineer. Stored materials shall be located so as to facilitate ' prompt inspection. I1.2004\0421 IO\SPECS\SPECIAL-PROV.DOC Special Provisions - 21 I PERMITS LICENSES LAWS, ORDINANCES, REGULATIONS AND TAXES. The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The Owner shall assist the Contractor when necessary in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. The Contractor shall give all necessary notices, shall pay all fees required by law and shall comply with all laws, ordinances, governmental rules and regulations applicable to the Work, to labor employed on the Work, and to the preservation of the public health and safety. The Contractor shall indemnify and save harmless the Owner from and against all liability with respect to penalties and/or interest that may result from non-compliance with any such laws, ordinances, governmental rules or regulations. Should the Specifications and/or the Plans be at variance with any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall promptly notify the Engineer in writing, whereupon the Owner shall make all necessary changes in the Specifications and/or the Plans. If the Contractor performs any portion of the Work which is contrary to any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall correct such portion of the Work, and the Contractor shall bear the cost of all damages arising therefrom. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to the protection of adjacent property, and the maintenance of passageways, guard fences or other protection facilities. The Contractor shall permit and facilitate inspection of the Work by the Owner, and/or its ' representatives of all work during construction. The inspection work by the Owner or others shall not be construed as to relieve the Contractor of any , liability for inadequate design, faulty materials, workmanship, violation of the Specifications and design criteria, codes, laws, or safety requirements. The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed. EXCAVATION SAFETY The Contractor shall be solely responsible for trench and excavation safety system in accordance with Act 291 of 1993 of the State of Arkansas and OSHA requirements. Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P = Excavation. (See Appendix "C") END OF SECTION t J:\2004\042110\SPECS\SPECIALPROV.DOC Special Provisions - 22 1 I I I I I I I [1 I I I I I The Contractor shall inform and satisfy himself as to the character, quantity, and distribution of all material to be excavated. No payment will be made for any excavated material which is used for purposes other than those designated. ' All stockpile areas, if required, shall be leveled to a uniform line and section and shall present a neat appearance before project acceptance. When the Contractor's excavating operations encounter artifacts of historical or archaeological significance, the operations shall be temporarily discontinued. At the direction of the Engineer, the 'Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for their removal. Such excavation will be paid for as extra work. J:\2004\042110'SPECST-152.DOC Section P-152 - 1 1 ITEM P-152 EXCAVATION AND EMBANKMENT DESCRIPTION 152-1.1 This item covers excavation, disposal, placement, and compaction of all materials within the limits of the work required to construct grading and drainage improvements, or other purposes in accordance with these specifications and in conformity to the dimensions and typical section shown on the plans. 152-1.2 CLASSIFICATION. All material excavated shall be classified as defined below: a. Unclassified Excavation. Unclassified excavation shall consist of the excavation material required to construct the grading and drainage improvements. The excavation material shall be obtained from these areas shall be used to form the subgrade embankment for the grading and drainage improvements. b. Borrow Excavation. Select borrow excavation shall consist of approved material required for the construction of the select embankment. Select borrow material shall be obtained from areas outside limits of the airport property and be approved by the Engineer. 152-1.3 Unsuitable Excavation. Any material containing vegetable or organic matter, such as muck, peat, organic silt, or sod shall be considered unsuitable for use in embankment construction. Material, when approved by the Engineer as suitable to support vegetation, may be used on the embankment slope. CONSTRUCTION METHODS 152-2.1 General. The suitability of material to be placed in embankments shall be subject to approval by the Engineer. All unsuitable material shall be disposed of in waste areas shown on the plans. All waste areas shall be graded to allow positive drainage of the area and of adjacent areas. The surface elevation of waste areas shall not extend above the surface elevation of adjacent usable areas of the airport, unless specified on the plans or approved by the Engineer. I H Those, areas outside of the pavement areas in which the top layer of soil material has become compacted, by hauling or other activities of the Contractor shall be scarified and disced to a depth of , 4 inches, in order to loosen and pulverize the soil. If it is necessary to interrupt existing surface drainage, sewers or under -drainage, conduits, utilities, , or similar underground structures the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal if necessary. The Contractor shall, at his/her own expense, satisfactorily repair or pay the cost of all damage to such facilities or structures which may result from any of the Contractor's operations during the period of , the contract. 152-2.2 EXCAVATION. No excavation shall be started until the work has been staked out by the Contractor and the Engineer has obtained elevations and measurements of the ground surface. All suitable excavated material shall be used in the formation of embankment, subgrade, or for other purposes shown on the plans. All unsuitable material shall be disposed of as shown on the plans, or at off -site locations secured by the Contractor. When the volume of the excavation exceeds that required to construct the embankments to the grades indicated, the excess shall be used to grade the areas of ultimate development or disposed of as directed. When the volume of excavation is not sufficient for constructing the fill to the grades indicated, the deficiency shall be obtained from borrow areas. ' The grade shall be maintained so that the surface is well drained at all times. When necessary, , temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. a. Selective Grading. When selective grading is indicated on the plans, the more suitable ' material as designated by the Engineer shall be used in constructing the embankment or in capping the pavement subgrade. If, at the time of excavation, it is not possible to place this material in its final location, it shall be stockpiled in approved areas so that it can be measured for payment for rehandling as specified in paragraph 3.3. b. Undercutting. Rock, shale, hardpan, loose rock, boulders, or other material , unsatisfactory for runway safety areas, subgrades, or any areas intended for turfing shall be excavated to a minimum depth of 12 inches, or to the depth specified by the Engineer, below the subgrade. Muck, peak, matted roots, or other yielding material, unsatisfactory for subgrade foundation, shall be removed to the depth specified. Unsuitable materials shall be disposed of at off -site locations. This excavated material shall be paid for at the contract unit price per cubic yard for Unclassified Excavation upon written authorization by the Engineer and Owner. The excavated area shall be refilled with suitable material, obtained from the grading operations or borrow areas and thoroughly compacted by rolling. The necessary refilling will constitute a part of the embankment. I c. Overbreak. Overbreak, including slides, is that portion of any material displaced or , loosened beyond the finished work as planned or authorized by the Engineer. The Engineer shall 1:\2004\042110\SPECS\P•152.DOC Section P -I52 -2 I determine if the displacement of such material was unavoidable and his/her decision shall be final. All overbreak shall be graded or removed by the Contractor and disposed of as directed; however, payment will not be made for the removal and disposal of overbreak which the Engineer determines as avoidable. Unavoidable overbreak will be classified as "Unclassified Excavation". ' d. Removal of Utilities. The removal of existing structures and utilities required to permit the orderly progress of work will be accomplished by someone other than the Contractor, ' e.g., the utility unless otherwise shown on the plans. All existing foundations shall be excavated for at least 2 feet(6 cm) below the top of subgrade or as indicated on the plans, and the material disposed of as directed. All foundations thus excavated shall be backfilled with suitable material and compacted as specified herein e. Compaction Requirements. The subgrade under areas to be paved shall be compacted to a depth of 6 -inch or 8 -inch lifts to a density of not less than 95 percent of the maximum density as determined by ASTM D 698. The in -place field density shall be determined in accordance with ASTM D 2922. Stones or rock ' fragments larger than 4 inches in their greatest dimension will not be permitted in top 6 inches of the subgrade. All cut -and -fill slopes shall be uniformly dressed to the slope, cross section, and alignment shown on the plans or as directed by the Engineer. ' No payment or measurement of payment will be made for suitable materials removed, manipulated, and replaced in order to obtain density. Any removal, manipulation, aeration, replacement, and recompaction of suitable materials necessary to obtain the required density shall be considered as 'incidental to the excavation and embankment operations and shall be performed by the Contractor at no additional cost to the Project. ' Blasting should not be required for this project. ' 152-2.3 BORROW EXCAVATION. Compacted select borrow area shall consist of excavation made from borrow areas outside the airport to form the compacted select embankment. ' Borrow sources are outside the boundaries of the airport property, it shall be the Contractor's responsibility to locate and obtain the supply, subject to the approval of the Engineer. The Contractor shall notify the Engineer, at least 15 days prior to beginning the excavation, so necessary ' measurements and tests can be made. All unsuitable material shall be disposed of by the Contractor. All borrow pits shall be opened up to expose the vertical face of various strata of acceptable material to enable obtaining a uniform product. Borrow pits shall be excavated to regular lines to permit ' accurate measurements, and they shall be drained and left in a neat, presentable condition with all slopes dressed uniformly. The select borrow material may be a locally available sandy clay gravel material having a Unified Soil Classification of GC, GM, SM, or SC. 1 JA2004\042110\SPECS\P-152.DOC Section P-152 -3 C1 152-2.4 DRAINAGE EXCAVATION. Not used. I 152-2.5 PREPARATION OF EMBANKMENT AREA. Where an embankment is to be constructed, all sod and vegetable matter shall be removed from the surface upon which the embankment is to be placed, and the cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 6 inches. This area shall then be compacted as indicated in paragraph 2.6. No direct payment shall be made for the work performed under this section. The necessary clearing and grubbing and the quantity of excavation removed will be paid for under the respective items of work. 152-2.6 FORMATION OF EMBANKMENTS. Embankments shall be formed in successive horizontal layers of not more than 8 inches in loose depth for the full width of the cross section, unless otherwise approved to the Engineer. The grading operations shall be conducted, and the various soil strata shall be placed, to produce a soil structure as shown on the typical cross section or as directed. Materials such as brush, hedge, roots, stumps, grass and other organic matter, shall not be incorporated or buried in the embankment. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing, or other unsatisfactory conditions of the field. The Contractor shall drag, blade, or slope the embankment to provide proper surface drainage. , The material in the layer shall be within -2 to +2 percent of optimum moisture content before rolling to obtain the prescribed compaction. In order to achieve a uniform moisture content throughout the layer, wetting or drying of the material and manipulation shall be required when necessary. Should the material be too wet to permit proper compaction or rolling, all work on all of the affected portions of the embankment shall be delayed until the material has dried to the required moisture content. Sprinkling of dry material to obtain the proper moisture content shall be done with approved equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water shall be available at all times. Compaction tests shall be performed on each 5000 square feet of each embankment lift. The Contractor shall make the necessary corrections and adjustments in methods, materials or moisture content in order to achieve the correct embankment ' density. Rolling operations shall be continued until the subgrade embankment is compacted to not less than 95 percent of maximum density as determined by ASTM D 698. Compaction for sideslope embankment is to be compacted not less than 90 percent as defined above. The in -place field density shall be determined in accordance with ASTM D 2922. Compaction areas shall be kept separate, and no layer shall be covered by another until the proper density is obtained. , During construction of the embankment, the Contractor shall route his/her equipment at all times, both when loaded and when empty, over the layers as they are placed and shall distribute the travel , ,1:\2004\042uoVSPECs\P-152.DOC Section P-152 -4 I I I I I I I I I I I I evenly over the entire width of the embankment. The equipment shall be operated in such a manner that hardpan, cemented gravel, clay, or other chunky soil material will be broken up into small particles and become incorporated with the other material in the layer. In the construction of embankments, layer placement shall begin in the deepest portion of the fill; as placement progresses, layers shall be constructed approximately parallel to the finished pavement grade line. When rock and other embankment material are excavated at approximately the same, time, the rock shall be incorporated into the outer portion of the embankment and the other material shall be incorporated under the future paved areas. Stones or fragmentary rock larger than 4 inches in their greatest dimensions will not be allowed in the top 6 inches of the subgrade. Rockfill shall be brought up in layers as specified or as directed and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass. Rock or boulders shall not be disposed of outside the excavation or embankment areas, except at places and in the manner designated by the Engineer. Frozen material shall not be placed in the embankment nor shall embankment be placed upon frozen material. 152-2.7 FINISHING AND PROTECTION OF SUBGRADE. After the subgrade has been substantially completed the full width shall be conditioned by removing any soft or other unstable material which will not compact properly. The resulting areas and all other low areas, holes or depressions shall be brought to grade with suitable select material. Scarifying, blading, rolling and other methods shall be performed to provide a thoroughly compacted subgrade shaped to the lines and grades shown on the plans. Grading of the subgrade shall be performed so that it will drain readily. The Contractor shall take all precautions necessary to protect the subgrade from damage. He/she shall limit hauling over the finished subgrade to that which is essential for construction purposes. All ruts or rough places that develop in a completed subgrade shall be smoothed and recompacted. No base, or surface course shall be placed on the subgrade until the subgrade has been approved by the Engineer. 152-2.8 HAUL. All hauling will be considered a necessary and incidental part of the work. Its cost shall be considered by the Contractor and included in the contract unit price for the pay of items of work involved. No payment will be made separately or directly for hauling on anypart of the work. 152-2.9 TOLERANCES. In those areas upon which a select borrow course is to be placed, the top of the subgrade shall be of such smoothness that, when tested with a 16 -foot straightedge applied ' parallel and at right angles to the centerline, it shall not show any deviation in excess of 1/2 -inch, or shall not be more than any deviation in excess of 1/2 -inch, or shall not be more than 0.05 -foot from true grade as established by grade hubs or pins. Any deviation in excess of these amounts shall be ' corrected by loosening, adding, or removing materials; reshaping; and recompacting by sprinkling and rolling. J:\2o04\042r1o\SPECS\R152.DOC Section P-152 - 5 I On runway safety areas, intermediate and other designated areas, the surface shall be of such smoothness that it will not vary more than 0.10 foot from true grade as established by grade hubs. ' Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. 152-2.10 TOPSOIL. When topsoil is specified or required as shown on the plans or under Item , T-905, it shall be salvaged from stripping or other grading operations. The topsoil shall meet the requirements of Item T-905. If, at the time of excavation or stripping, the topsoil cannot be placed in its proper and final section of finished construction, the material shall be stockpiled at approved locations. Stockpiles shall not be placed within 300 feet of runway pavement and shall not be placed on areas which subsequently will require any excavation or embankment. If, in the judgment of the Engineer, it is practical to place the salvaged topsoil at the time of excavation or stripping, the material shall be placed in its final position without stockpiling or further rehandling. Upon completion of grading operations, stockpiled topsoil shall be handled and placed as directed, or as required in Item T-905. METHOD OF MEASUREMENT 152-3.2 The quantity of unclassified excavation to be paid for shall be the number of cubic , yards excavated. Pay quantities shall be accepted as the plan quantity presented in the proposal. 152-3.3 Topsoil Excavation and Topsoil Replacement shall be paid for on the basis of the number of cubic yards excavated, stockpiled and replaced. Pay quantities shall be accepted as the plan quantity presented in the proposal. 152-3.4 Compacted Embankment and Select Borrow shall be paid for on the basis of the number of cubic yards placed. Pay quantities shall be accepted as the plan quantity presented in the proposal. 152-3.5 The quantity of undercut and embankment backfill approved by the Engineer, ' removed and placed shall be paid for by the number of cubic yards of material excavated and replaced, as calculated in its original position. Pay quantities shall be accepted as the measured quantity prior to removal. BASIS OF PAYMENT ' 152-4.2 Payment shall be made at the contract unit price per cubic yard for "Unclassified Excavation". This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. 152-4.3 Payment shall be made at the contract unit price per cubic yard Topsoil Excavation and Topsoil Replacement. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. ' J:\2004\042110\SPECS\P-152DOC Section P-152 -6 152-4.4 Payment shall be made at the contract unit price per cubic yard for Compacted Embankment and Select Burrow. This price shall be full compensation for furnishing all materials, ' labor, equipment, tools, and incidentals necessary to complete the item. ' 152-4.5 Payment shall be made at the Contract unit price for undercut and embankment backfill. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the item. ' Payment will be made under: ' Bid Item No.'s. 2 Topsoil Removal, per cubic yard (Plan Quantity) Bid Item No's. 3 Unclassified Excavation --per cubic yard (Plan Quantity) Bid Item No's. 4 Embankment from Excavation, per cubic yard (Plan Quantity) ' Bit Item No's. 5 Select Borrow Embankment- per cubic yard (Plan Quantity) ' Bid Item No's. 6 Topsoil Replacement, -per cubic yard (Plan Quantity) Bid Item No's. 7 Undercut and Embankment Backfill, per cubic yard END OF ITEM P-152 1 1 J:\2004\042110\SPECS\P-152.DOC Section P152-7 I ' ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, 'SOIL EROSION, AND SILTATION CONTROL DESCRIPTION 156-1.1 This item shall consist of temporary control measures as required during the life of a contract to control water pollution, soil erosion, and siltation through the use of mulches, grasses, and other erosion control devices or methods. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure ' economical, effective, and continuous erosion control throughout the construction period. ' Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites. ' 156-1.2 Baled Straw Filter Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of Baled Straw placed in ditches around inlets and in swales and draws to impede fun -off velocity of water, and to prevent scouring and eroding of soil until permanent erosion control 'item can be placed. ' 156-1.3 Filter Fabric Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of placing and securing filter fabric to the construction of a temporary wire fence and the attachment of filter fabric to impede the flow of water carrying silt to existing streams. ' MATERIALS 156-2.1 GRASS. Grass which will not compete with the grasses sown later for permanent cover shall be a quick -growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. 156-2.2 MULCHES. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other ' suitable material reasonably clean and free of noxious weeds and deleterious materials. 156-2.3 FERTILIZER. Fertilizer shall be a standard commercial grade and shall conform to all Federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 156-2.4 BALED STRAW FILTER BARRIER. Straw for filter barrier shall consist of bales of ' rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall each weight approximately 35 pounds. Straw in an advanced state of decomposition will not be acceptable. J:\2004\0421 10\SPECS\P-156.DOC Section P-156 - I I 156-2.5 FILTER FABRIC BARRIER. Filter fabric shall be a permeable woven or nonwoven fabric that has high strength, high dimensional high resistance to tear propagation in all directions, and shall be woven wire with sufficient strength to provide the service intended. Posts for the temporary wire fence shall be of any acceptable durable material of sufficient strength to support the wire fence and fabric when loaded with silt for the time the barrier is needed for service. The type of fastener and manner of attaching the wire fencing to posts and the fabric to the fence shall be approved by the Engineer. 156-2.5 OTHER. All other materials shall meet commercial grade standards and shall be approved by the Engineer before being incorporated into the project. CONSTRUCTION REQUIREMENTS 156-3.1 GENERAL. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, State, or local agencies, the more restrictive laws, rules, or regulations shall apply. The Contractor shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved. 156-3.2 SCHEDULE. Prior to the start of construction, the Contractor shall submit schedules for accomplishment of temporary and permanent erosion control work, as are applicable for grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the Engineer. 156-3.3 AUTHORITY OF ENGINEER. The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations, and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment. 156-3.4 PERMITTING. The Contractor shall, at least 48 hours before the start of construction, file its Notice of Intent to discharge storm water associated with the planned construction activity in accordance with the State of Arkansas NPDES General Permit ARR150000. The Contractor, shall developed a Storm Water Pollution Prevention Plan (SWPPP) to comply with this permit. 156-3.5 CONSTRUCTION DETAILS. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the accepted schedule. Except where future construction operations will damage slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that I J I I I I I IJ I I I E I I I J:\2004\042110\SPECS\P-156.DOC Section P-156 -2 I I were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project. ' The Engineer will limit the area of excavation, borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current in accordance with the accepted ' schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. In the event that temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the Engineer, such work shall be performed by the Contractor at his/her own expense. The Engineer may increase or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. The erosion control features installed by the Contractor shall be acceptably maintained by the 'Contractor during the construction period. ' Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. 156-3.6 STRAW BALE BARRIER. Bales of straw shall be keyed into the ground and securely held in place by means of staking and/or wiring or other acceptable methods that will prevent ' floating and /or displacement. The number of bales required and their arrangement at each installation will vary with on -site conditions. 156-3.7 FILTER FABRIC BARRIER. Filter Fabric Barrier shall be attached to the fence, temporary fence with staples or suitable wire or rope ties. The fabric toe shall be buried to secure the base. ri I [1 I 156-3.8 MAINTENANCE OF ROADWAYS. The existing paved roadways at and adjacent to the permitted intersection locations shall be maintained in a clean and passable condition by the Contractor. When required or as requested by the Owner or the Engineer, the Contractor shall broom or wash the existing paved roadways to remove excess mud or dirt at the intersection and for a reasonable length of the existing roadway beyond the intersection. The work shall not be paid for directly, but shall be considered incidental to the other items of work and the cost included as part of the work. I J:\2004\042110\SPECS\P-I56.DOC Section P-156 -3 I I 156-3.9 INSPECTION. The Contractor shall appoint as necessary, a qualified person(s) to conduct regularly scheduled inspections during his contract. Inspections shall be conducted, with a minimum frequency of every fourteen (14) calendar days or within 24 hours following the end of at least a 0.5 inch (%2 inch) rainfall event, whichever is earliest. During the inspection, the following areas (as a minimum) will be inspected: 1. Disturbed Areas - All areas of disturbed soil i.e. bare soil with no , ground cover shall be inspected for signs of washing and erosion. 2. Material Storage Area - All central storage areas where materials/chemicals are stored for signs of spills, leaks and possible contamination. 3. Erosion and Sediment Control Measures - Inspect all erosion and sediment control measures for signs of wear, damage, remaining capacity level, usefulness, etc. 4. Discharge Locations - Immediately following, and possibly during, a significant rainfall event, inspect all discharge locations to ascertain the effectiveness of the control measures. 5. Entrance/Exit Locations - Inspect all exit points from the site for evidence of vehicle tracking. The inspector shall complete an inspection form for each inspection performed. As a minimum, the inspection form shall contain the following information: o Name and location of project. o Name and title of the inspector. o Date and time of the inspection. o Scope of the inspection. o Major observations made during the inspection. ' o Actions taken as a result of the inspection. 156-4.1 Temporary erosion and pollution control work required which is not attributed to the Contractor's negligence, carelessness, or failure to install permanent controls will be performed as scheduled or ordered by the Engineer. The straw bale barriers and Filter Barriers shall be measured as the number of linear feet installed. 156-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor with costs included in the contract prices bid for the items to which they apply. 1 J:\2004\042110\SPECS\P-I56.DOC Section P-156 -4 BASIC OF PAYMENT 156-5.1 Payment for temporary erosion and pollution control work will be made at the contract unit price per linear foot for the straw bales of filter fabric barriers. These prices shall be full compensation for furnishing all material, for all preparation, excavation, installation, and all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: Bid Item No's. 9 Straw Bale Barriers --per linear foot Bid Item No's.10 Filter Fabric Barrier --per linear foot END OF ITEM P-156 J:\2004\042110\SPECS\P-156.DOC Section P-156 -5 E I ITEM P-209 I I [1 I I I CRUSHED AGGREGATE BASE COURSE DESCRIPTION 209-1.1 This item consists of a base course for the box culvert and base and surface courses for the gravel road composed of crushed aggregates constructed on a prepared course in accordance with these specifications and in conformity to the dimensions and typical cross sections shown on the plans. MATERIALS 209-2.1 AGGREGATE. Aggregates shall consist of clean, sound, durable particles of crushed stone, crushed gravel, or crushed slag and shall be free from coatings of clay, silt, vegetable matter, and other objectionable materials and shall contain no clay balls. Fine aggregate passing the No. 4 sieve shall consist of fines from the operation of crushing the coarse aggregate. If necessary, fine aggregate may be added to produce the correct gradation. The fine aggregate shall be produced by crushing stone, gravel, or slag that meet the requirements for wear and soundness specified for coarse aggregate. The crushed slag shall be an air-cooled, blast furnace slag and shall have a unit weight of not less ' than 70 pounds per cubic foot when tested in accordance with ASTM C 29. I I I The crushed aggregate portion which is retained on the No. 4 sieve shall contain not more than 15 percent, by weight, of flat or elongated pieces as defined in ASTM D 693 and shall have at least 90 percent by weight of particles with at least two fractured faces and 100 percent with at least one fractured face. The area of each face shall be equal to at least 75 percent of the smallest midsectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 to count as two fractured faces. The percentage of wear shall not be greater than 45 percent when tested in accordance with ASTM C 131. The sodium sulfate soundness loss shall not exceed 12 percent, after 5 cycles, when tested in accordance with ASTM C 88. The fraction passing the No. 40 sieve shall have a liquid limit no greater than 25 and a plasticity index of not more than 4 when tested in accordance with ASTM D 4318. The fine aggregate shall have a minimum sand equivalent value of 35 when tested in accordance with ASTM D 2419. a. Sampling and Testing. Aggregates for preliminary testing shall be furnished by the Contractor prior to the start of production. All tests for initial aggregate submittals necessary to ' determine compliance with the specification requirements will be made by the Engineer at no expense to the Contractor. I J:\2004\042110\SPECS\P-209. DOC Section P-209 - I I Samples of aggregates shall be furnished by the Contractor at the start of production and at intervals during production. The sampling points and intervals will be designated by the Engineer. The samples will be the basis of approval of specific lots of aggregates from the standpoint of the quality requirements of this section. In lieu of testing, the Engineer may accept certified state test results indicating that the aggregate meets specification requirements. Samples of aggregates to check gradation shall be taken by the Engineer at such times throughout the project as to ensure proper gradation. Sampling shall be in accordance with ASTM D 75, and testing shall be in accordance with ASTM C 136 and C 117. b. Gradation Requirements. The gradation of the final mixture shall fall within the design range indicated in Table 1, when tested in accordance with ASTM C 117 and C 136. The final gradation shall be continuously well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on an adjacent sieve or vice versa. TABLE 1. REQUIREMENTS FOR GRADATION OF AGGREGATE Sieve Size Design Range Job Mix Percentage by Weight Tolerances Passing Sieves Percent I I I L I I I C C 1-1/2 95-100 ±5 1 70-95 ±8 3/4 55-85 ±8 No. 4 30-60 ±8 No.30 12-30 ±5 No. 200 0-8 ±3 The fraction of the final mixture that passes the No. 200 sieve shall not exceed 60 percent of the fraction passing the No. 30 sieve. CONSTRUCTION METHODS 209-3.1 PREPARING UNDERLYING COURSE. The underlying course shall be checked and accepted by the Engineer before placing and spreading operations are started. Any ruts or soft yielding places caused by improper drainage conditions, hauling, or any other cause shall be corrected at the Contractor's expense before the base course is placed thereon. Material shall not be placed on frozen subgrade. 209-3.2 MIXING AND PLACING. The base materials are to be mixed in -place, and the base aggregate shall be deposited and spread evenly to a uniform thickness and width. There shall be as many layers of materials added as the Engineer may direct to obtain the required gradation and layer C H 1, H I H J:\2004\0421 lo\SPEcs'P-209.Doc Section P-209 - 2 LJ C I I I [1 I I I I I I I I I I ni I thickness. When the required amount of materials have been placed, they shall be thoroughly mixed and blended by means of approved graders, discs, harrows, rotary tillers, or a machine capable of combining these operating, supplemented by other suitable equipment if necessary. The mixing shall continue until the mixture is uniform throughout and accepted by the Engineer. Areas of segregated material shall be corrected by the addition of needed material and by remixing. Water shall be uniformly applied, prior and during the mixing operation if necessary to maintain the material at the proper moisture content. When the mixing and blending have been completed, the materials shall be bladed and dragged, if necessary, until a smooth uniform surface is obtained, true to line and grade. The base course shall be constructed in a layer not less than 3 inches nor more than 6 inches of compacted thickness. The aggregate as spread shall be of uniform grading with no pockets of fine or coarse materials. The aggregate, unless otherwise permitted by the Engineer, shall not be spread more then 2,000 square yards in advance of the rolling. Any necessary sprinkling shall be kept within these limits. No materials shall be placed in snow or on a soft, muddy, or frozen course. During the mixing and spreading process, sufficient caution shall be exercised to prevent the incorporation of subgrade, subbase, or should materials in the base course mixture. 209-3.3 Not used. 209-3.4 COMPACTION. Immediately upon completion of the spreading operations, the crushed aggregate shall be thoroughly compacted. The number, type, and weight of rollers shall be sufficient to compact the'material to the required density. The moisture content of the material during placing operations shall not be below, nor more than 1- 1/2 percentage points above, the optimum moisture content as determined by ASTM D 1557. 209-3.5 ACCEPTANCE SAMPLING AND TESTING FOR DENSITY. Aggregate base course shall be accepted for density on a lot basis. A lot will consist of one day's production where it is not expected to exceed 2,400 square yards. A lot will consist of one-half day's production where a day's production is expected to consist of between 1,200 and 2,400 square yards. Each lot shall be divided into two equal sublots. One test shall be made for each sublot. Sampling locations will be determined by the Engineer on a random basis in accordance with statistical procedures contained in ASTM D 3665. Each lot will be accepted for density when the field density is at least 95 percent of the maximum density of laboratory specimens prepared from samples of the base course material delivered to the job site. The specimens shall be compacted and tested in accordance with ASTM D 1557. The in - place field density shall be determined in accordance with ASTM D 2922. If the specified density is not attained, the entire lot shall be reworked and/or recompacted and two additional random tests made. This procedure shall be followed until the specified density is reached. 209-3.6 FINISHING. The surface of the aggregate base course shall be finished by blading or with automated equipment especially designed for this purpose. J:\2004\042110\SPEcs\P-209.DOC Section P-209 -3 I II In no case will the addition of thin layers of material be added to the top layer of base course to meet grade. If the elevation of the top layer is 1/2 inch or more below grade, the top layer of base shall be scarified to a depth of at least 3 inches, new material added, and the layer shall be blended and recompacted to bring it to grade. If the finished surface is above plan grade, it shall be cut back to grade and rerolled. 209-3.7 SURFACE TOLERANCES. The finished surface shall not vary more than 3/8 inch when tested with a 16 -foot straightedge applied parallel with or at right angles to the centerline. Any deviation in excess of this amount shall be corrected by the Contractor at the Contractor's expense. 209-3.8 THICKNESS CONTROL. The completed thickness of the base course shall be within 1/2 inch of the design thickness. Four determinations of thickness shall be made for each lot of material placed. The lot size shall be consistent with that specified in paragraph 3.5. Each lot shall be divided into four equal sublots. One test shall be made for each sublot. Sampling locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D 3665. Where the thickness is deficient by more than 1/2 inch, the Contractor shall correct such areas at no additional cost by excavating to the required depth and replacing with new material. Additional test holes may be required to identify the limits of deficient areas. 209-3.9 MAINTENANCE. The base course shall be maintained in a condition that will meet all specification requirements until the work is accepted. Equipment used in the construction of an adjoining section may be routed over completed portions of the base course, provided no damage results and provided that the equipment is routed over the full width of the base course to avoid rutting or uneven compaction. METHOD OF MEASUREMENT 209-4.1 The quantity of crushed aggregate base course to be paid for shall be the number of tons (2,000 lbs.) of material placed, compacted, and accepted in the completed base course. The quantity of base course material shall be determined by weight tickets accompanying each truck of base material, said tickets being surrendered to the Engineer not less frequently than once per day. Thickness measurements indicating a base course thickness up to'/2-inch above the plan depth shall result in adjusting the pay quantity by assuming a compacted weight of base material of 150 pounds per cubic foot moist weight (the intent is to preclude payment to the Contractor for crushed stone base material placed in excess of 1/2 inch greater than the required course thickness). J:\2004\042110\SPECS\P-209.DOC Section P-209 - 4 II I I I I [] Li C C C C I I I BASIS OF PAYMENT 209-5.1 Payment shall be made at the contract unit price per ton for crushed aggregate base course. This price shall be full compensation for furnishing all materials, for preparing and placing these materials, and for all preparation, hauling, equipment tools, and incidentals necessary to complete the item. Payment will be made under: Bid Item No's. 11 Crushed Aggregate Base Course, per ton. END OF P-209 1:\2004\042110\SPECS\P-209.DOC Section P-209 - 5 I I I I I I ii 11 [1 I I 3/8 in. (9.5 mm) 100 No.4(4.75 (4.75 mm) 90-100 No. 8 (2.36 mm) 80-100 No. 16 (1.18 mm) 50-85 '• No. 30 (600 micro -m) 25-60 No. 50 (300 micro -m) 10-30 No. 100 (150 micro -m) 2-10 c. Coarse Aggregate. Coarse aggregate shall conform to the requirements of ASTM C 33. Gradation, within the separated size groups, shall meet the requirements of Table 2 when tested in accordance with ASTM C 136. When the nominal maximum size of the aggregate is greater than 1 inch, the aggregates shall be furnished in two size groups. ITEM P-501 PORTLAND CEMENT CONCRETE PAVEMENT DESCRIPTION 501-1.1 This work shall consist of pavement composed of portland cement concrete, with reinforcement constructed on a prepared underlying surface in accordance with these specifications and shall conform to the lines, grades, thickness, and typical cross sections shown on the plans. MATERIALS 501-2.1 AGGREGATES. a. Reactivity. Aggregate shall be free of substances that are deleteriously reactive with the alkalies in the cement in an amount sufficient to cause excessive expansion of the concrete. Acceptable aggregate shall be based on satisfactory evidence furnished by the Contractor that the aggregate is free from such materials. This evidence shall include service records of concrete of comparable properties under similar conditions of exposure and/or certified records of tests by a testing laboratory that meets the requirements of ASTM C 1077. Tests shall be made in accordance with ASTM C 227. b. Fine Aggregate. Fine aggregate shall conform to the requirements of ASTM C 33. Gradation shall meet the requirements of Table 1 when tested in accordance with ASTM C 136, except as may otherwise be qualified under Section 5 of ASTM C 33. TABLE 1. GRADATION FOR FINE AGGREGATE ASTM C 33 Sieve Designation (square openings) Percentage by Weight Passing Sieves IJ:\2004\042110\Specs\P-501.doc Section P 501 - 1 I Aggregates delivered to the mixer shall consist of crushed stone, crushed or uncrushed gravel, I air-cooled blast furnace slag, crushed recycled concrete pavement, or a combination thereof. The aggregate shall be composed of clean, hard, uncoated particles and shall meet the requirements for deleterious substances contained in ASTM C 33, Dust and other coating shall be removed from the aggregates by washing. The aggregate in any size group shall not contain more than 8 percent by weight of flat or elongated pieces when tested in accordance with ASTM D 4791. A flat or elongated particle is one having a ratio between the maximum and the minimum dimensions of a circumscribing rectangular prism exceeding 5 to 1. The percentage of wear shall be no more than 40 when tested in accordance with ASTM C 131 or ASTM C 535. TABLE 2. GRADATION FOR COARSE AGGREGATE ASTM C 33 Sieve Designations (square openings)(Inches) Percentage by Weight Passing Sieves 1-1/2 100 1 90-100 ' 3/4 1/2 25-60 3/8 N No. 4 0-10 5 No. 8 0-5 501-2.2 CEMENT. Cement shall conform to the requirements of ASTM ASTM C 150 -Type 1, 1 If for any reason, cement becomes partially set or contains lumps of caked cement, it shall be rejected. Cement salvaged from discarded or used bags shall not be used. 501-2.3 CEMENTITIOUS MATERIALS. a. Fly Ash. Fly ash shall meet the requirements of ASTM C 618, Class C, F, or N with the exception of loss of ignition, where the maximum shall be less than 6 percent for Class F or N. [The supplementary optional chemical and physical properties of Tables lA and 2A contained in ASTM C 618 shall apply.] 501-2.4 PREMOLDED JOINT FILLER. Premolded joint filler for expansion joints shall conform to the requirements of ASTM D 1752, Type II or III and shall be punched to admit the dowels where called for on the plans. The filler for each joint shall be furnished in a single piece for the full depth and width required for the joint, unless otherwise specified by the Engineer. When the use of more than one piece is required for a joint, the abutting ends shall be fastened securely and held accurately to shape by stapling or other positive fastening means satisfactory to the Engineer. I 7:\2004\042110\Specs\P-501.doc Section P 501 -2 1 L1 501-2.5 JOINT SEALER. The joint sealer for the joints in the concrete pavement shall meet the I. requirements of Item P-605 and shall be of the type(s) specified in the plans. 501-2.6 STEEL REINFORCEMENT. Reinforcing shall consist of Welded Steel Wire Fabric ' conforming to the requirements of ASTM A 185. 501-2.7 DOWEL AND TIE BARS. Tie bars shall be deformed steel bars and conform to the requirements of ASTM A 615, ASTM A 616, or ASTM A 617, except that rail steel bars, Grade 50 or 60, shall not be used for tie bars that are to be bent or restraightened during construction. Tie bars designated as Grade 40 in ASTM A 615 can be used for construction requiring bent bars. Dowel bars shall be plain steel bars conforming to ASTM A 615, ASTM A 616 or ASTM A 617 and shall be free from burring or other deformation restricting slippage in the concrete. High strength dowel bars shall conform to ASTM A 714, Class 2, Type S, Grade I,11 or III, Bare Finish. Before delivery to the construction site each dowel bar shall be painted on all surfaces with one coat of paint meeting Federal Specification TT -P-664. If plastic or epoxy -coated steel dowels are used no paint coating is required, except when specified for a particular situation on the contract plans. Coated dowels shall conform to the requirements of AASHTO M 254. 501-2.8 WATER. Water used in mixing or curing shall be clean and free of oil, salt, acid, alkali, ' sugar, vegetable, or other substances injurious to the finished product. Water will be tested in accordance with the requirements of AASHTO T 26. Water known to be of potable quality may be used without testing. 501-2.9 COVER MATERIAL FOR CURING. Curing materials shall conform to one of the following specifications: a. Liquid membrane -forming compounds for curing concrete shall conform to the requirements of ASTM C 309, Type 2, Class B. b. White polyethylene film for curing concrete shall conform to the requirements of ASTM C 171. c. White burlap -polyethylene sheeting for curing concrete shall conform to the requirements of ASTMC171. 171. d. Waterproof paper for curing concrete shall conform to the requirements of ASTM C 171. 501-2.10 ADMIXTURES. The use of any material added to the concrete mix shall be approved by the Engineer. The Contractor shall submit certificates indicating that the material to be furnished meets all of the requirements indicated below. In addition, the Engineer may require the Contractor to submit complete test data from an approved laboratory showing that the material to be furnished meets all of the requirements of the cited specifications. Subsequent tests may be made of samples taken by the Engineer from the supply of material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. I I1:\2OO4\0421111\Specs\P-501.doc Section P 501 -3 I a. Air -Entraining Admixtures. Air -entraining admixtures shall meet the requirements of ASTM C 260 and shall consistently entrain the air content in the specified ranges under field conditions. The air -entrainment agent and any chemical admixtures shall be compatible. •1 b. Chemical Admixtures. Water -reducing, set retarding, and set -accelerating admixtures shall ' meet the requirements of ASTM C 494, including the flexural strength test. 501-2.11 EPDXY -RESIN. Epoxy -resin used to anchor dowels and tie bars in pavements shall conform to the requirements of ASTM C 881, Type I, Grade 3, Class C. Class A or B shall be used when the surface temperature of the hardened concrete is below 60 degrees F degrees C). 501-2.12 MATERIAL ACCEPTANCE. Prior to use of materials, the Contractor shall submit certified test reports to the Engineer for those materials proposed for use during construction. The certification shall show the appropriate ASTM test(s) for each material, the test results, and a statement that the material passed or failed. The Engineer may request samples for testing, prior to and during production, to verify the quality of the materials and to ensure conformance with the applicable specifications. MIX DESIGN J 501-3.1 PROPORTIONS. Concrete for the 11" pavement shall be designed to achieve a 28 day flexural strength such that not more than 25 percent of the concrete produced will fall below a flexural strength of 625 psi. The concrete for the 6" pavement shall be designed to achieve a 28 day compressive strength of 4500 psi. The mix shall be designed using the procedures contained in Chapter 7 of the Portland Cement Association's manual, "Design and Control of Concrete Mixtures." The Contractor shall note that to ensure that not more than 20 percent of the concrete actually produced will fall below the specified strength, the mix design average strength must be considerably higher than the specified strength. The amount of overdesign necessary to meet specification requirements depends on the producer's standard deviation of flexural test results and the accuracy which that value can be estimated from historic data for the same or similar materials. The minimum cementitious material (cement plus fly ash) shall be 520 pounds per cubic yard. The ratio of water to cementitious material, including free surface moisture on the aggregates but not including moisture absorbed by the aggregates shall not be more than 0.48 by weight. Prior to the start of paving operations and after approval of all material to be used in the concrete, the I Contractor shall submit a mix design showing the proportions and flexural strength obtained from the concrete at 7 and 28 days. The mix design shall include copies of test reports, including test dates, and a complete list of materials including type, brand, source, and amount of; cement, fly ash, ground slag, coarse aggregate, fine aggregate, water, and admixtures. The fineness modulus of the fine aggregate and the air content shall also be shown. The mix design shall be submitted to the Engineer at least 14 days prior to the start of operations. Production shall not begin until L J:\2004\042110\Specs\P-501.doc Section P 501 -4 1 the mix design is approved in writing by the Engineer. Should a change in sources be made, or admixtures added or deleted from the mix, a new mix design must be submitted to the Engineer for approval. ' Flexural strength test specimens for the 11 -inch pavement shall be prepared in accordance with ASTM C 31 and tested in accordance with ASTM C 78. The mix determined shall be workable concrete having a slump for side -form concrete between I and 2 inches as determined by ASTM C 143. For vibrated slip -form concrete, the slump shall be between 1/2 inch and 1 1/2 inches. The compressive strength test specimens for the 6 -inch pavement shall tested in accordance with ASTM C 39 501-3.2 CEMENTITIOUS MATERIALS. a. Fly Ash. Fly ash may be used in the mix design. When fly ash is used as a partial replacement for cement, the minimum cement content may be met by considering portland cement ' plus fly ash as the total cementitious material. The replacement rate shall be determined from laboratory trial mixes, but shall not exceed 15 percent by weight of the total cementitious material. 501-3.3 ADMIXTURES. a. Air -Entraining. Air -entraining admixture shall be added in such a manner that will insure uniform distribution of the agent throughout the batch. The air content of freshly mix air -entrained concrete shall be based upon trial mixes with the materials to be used in the work adjusted to produce concrete of the required plasticity and workability. The percentage of air in the mix shall be 4.5.percent. Air content shall be determined by testing in accordance with ASTM C 231 for gravel and stone coarse aggregate. b. Chemical. Water -reducing, set -controlling, and other approved admixtures shall be added to the mix in the manner recommended by the manufacturer and in the amount necessary to comply with the specification requirements. Tests shall be conducted on trial mixes, with the materials to be used in the work, in accordance with ASTM C 494. 501-3.4 TESTING LABORATORY. The laboratory used to develop the mix design shall meet the requirements of ASTM C 1077. A certification that it meets these requirements shall be submitted to the Engineer prior to the start of mix design and shall contain as a minimum: a. Qualifications of personnel; laboratory manager, supervising technician, and testing technicians. b. A statement that the equipment used in developing the mix design is in calibration. c. A statement that each test specified in developing the mix design is offered in the scope of the laboratory's services. d. A copy of the laboratory's quality control system. I1:\2004\042110\Specs\P-501.doc Section P 501 - 5 I CONSTRUCTION METHODS 501-4.1 EQUIPMENT. The Contractor shall furnish all equipment and tools necessary for handling materials and performing all parts of the work. a. Batch Plant and Equipment. The batch plant and equipment shall conform to the requirements of ASTM C 94. b. Mixers and Transportation Equipment. (1) General. Concrete may be mixed at a central plant, or wholly or in part in truck mixers. I Each mixer shall have attached in a prominent place a manufacturer's nameplate showing the capacity of the drum in terms of volume of mixed concrete and the speed of rotation of the mixing drum or blades. (2) Central Plant Mixer. Central plant mixers shall conform to the requirements of ASTM ' C 94, if used. The mixer shall be examined daily for changes in condition due to accumulation of hard concrete or mortar or wear of blades. The pickup and throwover blades shall be replaced when they have worn down 3/4 inch (19 mm) or more. The Contractor shall have a copy of the manufacturer's design on hand showing dimensions and arrangement of blades in reference to original height and depth. (3) Truck Mixers and Truck Agitators. Truck mixers used for mixing and hauling concrete and truck agitators used for hauling central -mixed concrete shall conform to the requirements of ASTM C 94. (4) Nonagitator Trucks. Nonagitating hauling equipment shall conform to the requirements of ASTM C 94and shall only be used for a Central Plant. c. Finishing Equipment. The finishing equipment shall be of sufficient weight and power for proper finishing of the concrete. The finishing machine shall be designed and operated to strike off, screed and consolidate the concrete such that laitance on the surface is less than 1/8 -inch thick. d. Vibrators. Vibrator shall be either internal type with immersed tube or multiple spuds, or I surface type vibrating pan or screed. For pavements 8 inches or more thick internal vibrators shall be used. They may be attached to the spreader or the finishing machine, or they may be mounted on a separate carriage. Operating frequency for internal vibrators shall be between 8,000 and 12,000 vibrations per minute. Average amplitude for internal vibrators shall be 0.025-0.05 inches. For pavements less than 8 inches thick, vibrating surface pans or screeds shall be allowed. Operating frequencies for surface vibrators shall be between 3,000 and 6,000 vibrations per minute. The number, spacing, and frequency shall be as necessary to provide a dense and homogeneous pavement. Adequate power to operate all vibrators shall be available on the paver. The vibrators shall be automatically controlled so that they shall be stopped as forward motion ceases. l:\2004\042110\Specs\P-501.doc Section P 501 - 6 1 I E Hand held vibrators may be used in irregular areas. e. Concrete Saws. The Contractor shall provide sawing equipment adequate in number of units and power to complete the sawing to the required dimensions. The Contractor shall provide at least one standby saw in good working order and a supply of saw blades at the site of the work at all times during sawing operations. If. Side Forms. Straight side forms shall be made of steel and shall be furnished in sections not less than 10 feet in length. Forms shall have a depth equal to the pavement thickness at the edge. Flexible or curved forms of proper radius shall be used for curves of 100 -foot radius or less. Forms shall be provided with adequate devices for secure settings so that when in place they will withstand, without visible spring or settlement, the impact and vibration of the consolidating and finishing equipment. Forms with battered top surfaces and bent, twisted or broken forms shall not be used. Built-up forms shall not be used, except as approved by the Engineer. The top face of the form shall not vary from a true plane more than 1/8 inch in 10 feet, and the upstanding leg shall not vary more than 1/4 inch. The forms shall contain provisions for locking the ends of abutting sections together tightly for secure setting. Wood forms may be used under special conditions, when approved by the Engineer. g. Pavers. The paver shall be fully energized, self-propelled, and designed for the specific purpose of placing, consolidating, and finishing the concrete pavement, true to grade, tolerances, and I. cross section. It shall be of sufficient weight and power to construct the maximum specified concrete paving lane width as shown in the plans, at adequate forward speed, without transverse, longitudinal or vertical instability or without displacement. The paver shall be equipped with ' electronic or hydraulic horizontal and vertical control devices. 501-4.2 FORM SETTING. Forms shall be set sufficiently in advance of the concrete placement to insure continuous paving operation. After the forms have been set to correct grade, the underlying surface shall be thoroughly tamped, either mechanically or by hand, at both the inside and outside edges of the base of the forms. Forms shall be staked into place sufficiently to maintain the form in position for the method of placement. Form sections shall be tightly locked and shall be free from play or movement in any direction. The forms shall not deviate from true line by more than 1/8 inch at any joint. Forms shall be so set that they will withstand, without visible spring or settlement, the impact and vibration of the • consolidating and finishing equipment. Forms shall be cleaned and oiled prior to the placing of concrete. The alignment and grade elevations of the forms shall be checked and corrections made by the Contractor immediately before placing the concrete. 501-4.3 CONDITIONING OF UNDERLYING SURFACE, SLIP -FORM CONSTRUCTION. The compacted underlying surface on which the pavement will be placed shall be widened approximately 2 feet to extend beyond the paving machine track to support the paver without any noticeable displacement. After the underlying surface has been placed and compacted to the IJ:\2004\042110\Specs\P-501.doc Section P 501 - 7 Li required density, the areas which will support the paving machine and the area to be paved shall be trimmed or graded to the plan grade elevation and profile by means of a properly designed machine. The grade of the underlying surface shall be controlled by a positive grade control system using lasers, stringlines, or guide wires. If the density of the underlying surface is disturbed by the trimming operations, it shall be corrected by additional compaction and retested at the option of the Engineer before the concrete is placed except when stabilized subbases are being constructed. If damage occurs on a stabilized subbase, it shall be corrected full depth by the Contractor. If traffic is allowed to use the prepared grade, the grade shall be checked and corrected immediately before the placement of concrete. The prepared grade shall be moistened with water, without saturating, immediately ahead of concrete placement to prevent rapid loss of moisture from concrete. The underlying surface shall be protected so that it will be entirely free of frost when concrete is placed. 501-4.4 CONDITIONING OF UNDERLYING SURFACE, SIDE -FORM AND FILL-IN LANE CONSTRUCTION. The prepared underlying surface shall be moistened with water, without saturating, immediately ahead of concrete placement to prevent rapid loss of moisture from the concrete. Damage caused by hauling or usage of other equipment shall be corrected and retested at the option of the Engineers. If damage occurs to a stabilized subbase, it shall be corrected full depth by the Contractor. A template shall be provided and operated on the forms immediately in advance of the placing of all concrete. The template shall be propelled only by hand and not attached to a tractor or other power unit. Templates shall be adjustable so that they may be set and maintained at the correct contour of the underlying surface. The adjustment and operation of the templates shall be such as will provide an accurate retest of the grade before placing the concrete thereon. All excess material shall be removed and wasted. Low areas shall be filled and compacted to a condition similar to that of the surrounding grade. The underlying surface shall be protected so that it will be entirely free from frost when the concrete is placed. The use of chemicals to eliminate frost in the underlying surface shall not be permitted. The template shall be maintained in accurate adjustment, at all times by the Contractor, and shall be checked daily. I. 501-4.5 HANDLING, MEASURING, AND BATCHING MATERIAL. The batch plant site, layout, equipment, and provisions for transporting material shall assure a continuous supply of material to the work. Stockpiles shall be constructed in such a manner that prevents segregation and intermixing of deleterious materials. Aggregates that have become segregated or mixed with earth or foreign material shall not be used. i All aggregates produced or handled by hydraulic methods, and washed aggregates, shall be stockpiled or binned for draining at least 12 hours before being batched. Rail shipments requiring more than 12 hours will be accepted as adequate binning only if the car bodies permit free drainage. Batching plants shall be equipped to proportion aggregates and bulk cement, by weight, , automatically using interlocked proportioning devices of an approved type. When bulk cement is used, the Contractor shall use a suitable method of handling the cement from weighing hopper to transporting container or into the batch itself for transportation to the mixer, such as a chute, boot, or other approved device, to prevent loss of cement. The device shall be arranged to provide positive assurance that the cement content specified is present in each batch. ' J:\2004\042110\Specs\P-501.doc Section P 501 -8 ' I 501-4.6 MIXING CONCRETE. The concrete may be mixed at the work site, in a central mix 1 plant or in truck mixers. The mixer shall be of an approved type and capacity. Mixing time shall be measured from the time all materials, except water, are emptied into the drum. All concrete shall be mixed and delivered to the site in accordance with the requirements of ASTM C 94. Mixed concrete from the central mixing plant shall be transported in truck mixers, truck agitators, or nonagitating trucks. The elapsed time from the addition of cementitious material to the mix until the concrete is deposited in place at the work site shall not exceed 30 minutes when the concrete is hauled in nonagitating trucks, nor 90 minutes when the concrete is hauled in truck mixers or truck agitators. Retempering concrete by adding water or by other means will not be permitted, except when concrete is delivered in transit mixers. With transit mixers additional water may be added to the batch materials and additional mixing performed to increase the slump to meet the specified • requirements provided the addition of water is performed within 45 minutes after the initial mixing operations and provided the water/cementitious ratio specified in the mix design is not exceeded. r501-4.7 LIMITATIONS ON MIXING AND PLACING. No concrete shall be mixed, placed, or finished when the natural light is insufficient, unless an adequate and approved artificial lighting system is operated. a. Cold Weather. Unless authorized in writing by the Engineer, mixing and concreting operations shall be discontinued when a descending air temperature in the shade and away from artificial heat reaches 40 degrees F (4 degrees C) and shall not be resumed until an ascending air temperature in the shade and away from artificial heat reaches 35 degrees F (2 degrees C). The aggregate shall be free of ice, snow, and frozen lumps before entering the mixer. The temperature of the mixed concrete shall not be less than 50 degrees F at the time of placement. Concrete shall not be placed on frozen material nor shall frozen aggregates be used in the concrete. When concreting is authorized during cold weather, water and/or the aggregates may be heated to ' not more than 150 degrees F. The apparatus used shall heat the mass uniformly and shall be arranged to preclude the possible occurrence of overheated areas which might be detrimental to the materials. b. Hot Weather. During periods of hot weather when the maximum daily air temperature exceeds 85 degrees F, the following precautions shall be taken. The forms and/or the underlying surface shall be sprinkled with water immediately before placing the concrete. The concrete shall be placed at the coolest temperature practicable, and in no case I. shall the temperature of the concrete when placed exceed 95 degrees F. The aggregates and/or mixing water shall be cooled as necessary to maintain the concrete temperature at or not more than ' the specified maximum. The finished surfaces of the newly laid pavement shall be kept damp by applying a water -fog or mist with approved spraying equipment until the pavement is covered by the curing medium. If necessary, wind screens shall be provided to protect the concrete from an evaporation rate in excess of 0.2 psf per hour as determined in accordance with Figure 2.1.5 in ACI 305R, Hot Weather Concreting, which takes into consideration relative humidity, wind velocity, and air temperature. J:\2004\042I10\Specs\P-501.doc Section P 501 - 9 Li Li When conditions are such that problems with plastic cracking can be expected, and particularly if any plastic cracking begins to occur, the Contractor shall immediately take such additional measures as necessary to protect the concrete surface. Such measures shall consist of wind screens, more effective fog sprays, and similar measures commencing immediately behind the paver. If these measures are not effective in preventing plastic cracking, paving operations shall be immediately stopped. 501-4.8 PLACING CONCRETE. The Contractor has the option of side fixed form or slip -form paving. At any point in concrete conveyance, the free vertical drop of the concrete from one point to another or to the underlying surface shall not exceed 3 feet. Hauling equipment or other mechanical equipment can be permitted on adjoining previously constructed pavement when the concrete strength reaches a flexural strength of 550 psi or a compressive strength of 3,500 psi., based on the average of four field cured specimens per 2,000 cubic yards of concrete placed. Subgrade and subbase planers, concrete pavers, and concrete finishing equipment may be permitted to ride upon the edges of previously constructed pavement when the concrete has attained a minimum flexural strength of 400 psi. a. Side -form Method. For the side -form method, the concrete shall be deposited on the moistened grade to require as little rehandling as possible. Unless truck mixers, truck agitators, or nonagitating hauling equipment are equipped with means for discharge of concrete without segregation of the materials, the concrete shall be placed and spread using an approved mechanical spreading device that prevents segregation of the materials. Placing shall be continuous between transverse joints without the use of intermediate bulkheads. Necessary hand spreading shall be done with shovels --not rakes. Workers shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreign substances. Concrete shall be deposited as near to expansion and contraction joints as possible without disturbing them but shall not be dumped from the discharge bucket or hopper onto ajoint assembly unless the hopper is centered above the joint assembly. Concrete shall be thoroughly consolidated against and along the faces of all forms and previously placed concrete and along the full length and on both sides of all joint assemblies by means of vibrators inserted in the concrete. Vibrators shall not be permitted to come in contact with a joint , assembly, the grade, or a side form. In no case shall the vibrator be operated longer than 20 seconds in any one location, nor shall the vibrators be used to move the concrete. b. Slip -form Method. For the slip -form method, the concrete shall be placed with an approved crawler -mounted, slip -form paver designed to spread, consolidate and shape the freshly placed concrete in one complete pass of the machine so that a minimum of hand finishing will be necessary to provide a dense and homogeneous pavement in conformance with requirements of the plans and specifications. The concrete shall be placed directly on top of the joint assemblies to prevent them from moving when the paver moves over them. Side forms and finishing screeds shall be adjustable to the extent required to produce the specified pavement edge and surface tolerance. The side forms shall be of dimensions, shape, and strength to support the concrete laterally for a sufficient length of J:\2004\0421 I0\Specs\P-501.doc Section P 501 - 10 , I time so that no edge slumping exceeds the requirements of paragraph 501-5.2e(5). Final finishing shall be accomplished while the concrete is still in the plastic state. In the event that slumping or sloughing occurs behind the paver or if there are any other structural or surface defects which, in the opinion of the Engineer, cannot be corrected within permissible tolerances, paving operations shall be immediately stopped until proper adjustment of the equipment or procedures have been made. In the event that satisfactory procedures and pavement are not achieved after not more than 2,000 lineal feet of single lane paving, the Contractor shall complete the balance of the work with the use of standard metal forms and the formed method of placing and curing. Any concrete not corrected to permissible tolerances shall be removed and replaced at the Contractor's expense. • 501-4.9 STRIKE -OFF OF CONCRETE AND PLACEMENT OF REINFORCEMENT. Following the placing of the concrete, it shall be struck off to conform to the cross section shown on the plans and to an elevation such that when the concrete is properly consolidated and finished, the surface of the pavement shall be at the elevation shown on the plans. When reinforced concrete pavement is placed in two layers, the bottom layer shall be struck off to such length and depth that the sheet of reinforcing steel fabric or bar mat may be laid full length on the concrete in its final position without further manipulation. The reinforcement shall then be placed directly upon the G concrete, after which the top layer of the concrete shall be placed, struck off, and screeded. If any portion of the bottom layer of concrete has been placed more than 30 minutes without being covered with the top layer or if initial set has taken place, it shall be removed and replaced with freshly mixed concrete at the Contractor's expense. When reinforced concrete is placed in one layer, the reinforcement may be positioned in advance of concrete placement or it may be placed in plastic concrete by mechanical or vibratory means after spreading. Reinforcing steel, at the time concrete is placed, shall be free of mud, oil, or other organic matter that may adversely affect or reduce bond. Reinforcing steel with rust, mill scale or a combination of both will be considered satisfactory, provided the minimum dimensions, weight, and tensile properties of a hand wire -brushed test specimen are not less than the applicable ASTM specification requirements. ' 501-4.10 JOINTS. Joints shall be constructed as shown on the plans and in accordance with these requirements. All joints shall be constructed with their faces perpendicular to the surface of the pavement and finished or edged as shown on the plans. Joints shall not vary more than 1/2 inch from their designated position and shall be true to line with not more than 1/4 -inch variation in 10 • feet. The surface across the joints shall be tested with a Contractor furnished 10 -foot straightedge as the joints are finished and any irregularities in excess of 1/4 inch shall be corrected before the concrete has hardened. All joints shall be so prepared, finished, or cut to provide a groove of uniform width and depth as shown on the plans. a. Construction. Longitudinal construction joints shall be slip -formed or formed against side forms with or without keyways, as shown in the plans. Transverse construction joints shall be installed at the end of each day's placing operations and at any other points within a paving lane when concrete placement is interrupted for more than 30 minutes or it appears that the concrete will obtain its initial set before fresh concrete arrives. The I1:\2004\04211O\Specs\P_501.doc SectionP501 501 - 11 I installation of the joint shall be located at a planned contraction or expansion joint. If placing of the 1 concrete is stopped, the Contractor shall remove the excess concrete back to the previous planned joint. , b. Contraction. Contraction joints shall be installed at the locations and spacing as shown on the plans. Contraction joints shall be installed to the dimensions required by forming a groove or cleft in the top of the slab while the concrete is still plastic or by sawing a groove into the concrete surface after the concrete has hardened. When the groove is formed in plastic concrete the sides of the grooves shall be finished even and smooth with an edging tool. If an insert material is used, the installation and edge finish shall be according to the manufacturer's instructions. The groove shall be finished or cut clean so that spalling will be avoided at intersections with other joints. Grooving or sawing shall produce a slot at least 1/8 inch wide and to the depth shown on the plans. c. Expansion. Expansion joints shall be installed as shown on the plans. The premolded filler of the thickness as shown on the plans, shall extend for the full depth and width of the slab at the joint, except for space for sealant at the top of the slab. The filler shall be securely staked or fastened into position perpendicular to the proposed finished surface. A cap shall be provided to protect the top edge of the filler and to permit the concrete to be placed and finished. After the concrete has been placed and struck off, the cap shall be carefully withdrawn leaving the space over the premolded filler. The edges of the joint shall be finished and tooled while the concrete is still plastic. Any concrete bridging the joint space shall be removed for the full width and depth of the joint. d. Tie Bars. Tie bars shall consist of deformed bars installed in joints as shown on the plans. Tie bars shall be placed at right angles to the centerline of the concrete slab and shall be spaced at intervals shown on the plans. They shall be held in position parallel to the pavement surface and in the middle of the slab depth. When tie bars extend into an unpaved lane, they may be bent against the form at longitudinal construction joints, unless threaded bolt or other assembled tie bars are specified. These bars shall not be painted, greased, or enclosed in sleeves. When slip -form operations call for tie bars, two-piece hook bolts can be installed in the female side of the keyed joint provided the installation is made without distorting the keyed dimensions or causing edge slump. If a bent tie bar installation is used, the tie bars shall be inserted through the keyway liner only on the female side of the joint. In no case shall a bent tie bar installation for male keyways be permitted. f. Dowel Bars. Dowel bars or other load -transfer units of an approved type shall be placed across joints in the manner as shown on the plans. They shall be of the dimensions and spacings as shown and held rigidly in the middle of the slab depth in the proper horizontal and vertical alignment by an approved assembly device to be left permanently in place. The dowel or load -transfer and joint devices shall be rigid enough to permit complete assembly as a unit ready to be lifted and placed into position. A metal, or other type, dowel expansion cap or sleeve shall be furnished for each dowel bar used with expansion joints. These caps shall be substantial enough to prevent collapse and shall be placed on the ends of the dowels as shown on the plans. The caps or sleeves shall fit the dowel bar tightly and the closed end shall be watertight. The portion of each dowel painted with rust preventative paint, as required under paragraph 501-2.7, shall be thoroughly coated with asphalt MC -70, or an approved lubricant, to prevent the concrete from bonding to that portion of the dowel. If free -sliding plastic -coated or epoxy -coated steel dowels are used, a lubrication I J:\2004\042110\Specs\P-501.doc Section P 501 - 12 1 I bond breaker shall be used except when approved pullout tests indicate it is not necessary. Where butt -type joints with dowels are designated, the exposed end of the dowel shall be oiled. Dowel bars at contraction joints may be placed in the full thickness of pavement by a mechanical device approved by the Engineer. The device shall be capable of installing dowel bars within the ' maximum permissible alignment tolerances. Dowels bars at longitudinal construction joints shall be bonded in drilled holes. g. Installation of Joint Devices. All joint devices shall be approved by the Engineer. The top of an assembled joint device shall be set at the proper distance below the pavement surface and the elevation shall be checked. Such devices shall be set to the required position and line and shall be securely held in place by stakes or other means to the maximum permissible tolerances during the placing and finishing of the concrete. Where premolded joint material is used, it shall be placed and held in a vertical position; if constructed in sections, there shall be no offsets between adjacent units. Dowel bars and assemblies shall be checked for position and alignment. The maximum permissible tolerances on dowel bar alignment shall be in accordance with paragraph 501-5.2e(6). During the 1 concrete placement operation, it is advisable to place plastic concrete directly on dowel assemblies immediately prior to passage of the paver to help maintain dowel position and alignment within maximum permissible tolerances. IWhen concrete is placed using slip -form pavers, dowels and tie bars shall be placed in longitudinal construction joints by bonding the dowels or tie bars into holes drilled into the hardened concrete. Holes approximately 1/8 -inch to 1/4 -inch greater in diameter than the dowel or tie bar shall be drilled with rotary -type core drills that must be held securely in place to drill perpendicularly into the vertical face of the pavement slab. Rotary -type percussion drills may be used provided that spalling of concrete does not occur. Any damage of the concrete shall be repaired by the Contractor in a method approved by the Engineer. Dowels or tie bars shall be bonded in the drilled holes using an epoxy resin material. Installation procedures shall be adequate to insure that the area around dowels is completely filled with epoxy grout. Epoxy shall be injected into the back of the hole and displaced by the insertion of the dowel bar. Bars shall be completely inserted into the hole and shall not be withdrawn and reinserted creating air pockets in the epoxy around the bar. The Contractor shall furnish a template for checking the position and alignment of the dowels. Dowel bars shall not be less than 10 inches from a transverse joint and shall not interfere with dowels in the transverse direction. h. Sawing of Joints. Joints shall be cut as shown on the plans. Equipment shall be as described in paragraph 501-4.1. The circular cutter shall be capable of cutting a groove in a straight line and ' shall produce a slot at least 1/8 inch wide and to the depth shown on the plans. The top portion of the slot shall be widened by sawing to provide adequate space for joint sealers as shown on the plans. Sawing shall commence as soon as the concrete has hardened sufficiently to permit cutting 1 without chipping, spalling, or tearing and before uncontrolled shrinkage cracking of the pavement occurs. Sawing shall be carried on both during the day and night as required. The joints shall be sawed at the required spacing, consecutively in sequence of the concrete placement. J:\2004\042110\Specs\P-501.doc Section P 501 - 13 I 501-4.11 FINAL STRIKE -OFF, CONSOLIDATION, AND FINISHING. I a. Sequence. The sequence of operations shall be the strike -off, floating and removal of laitance, straightedging, and final surface finish. The addition of superficial water to the surface of the concrete to assist in finishing operations will not be permitted. b. Finishing at Joints. The concrete adjacent to joints shall be compacted or firmly placed without voids or segregation against the joint material; it shall be firmly placed without voids or segregation under and around all load -transfer devices, joint assembly units, and other features designed to extend into the pavement. Concrete adjacent to joints shall be mechanically vibrated as required in paragraph 501-4.8a. After the concrete has been placed and vibrated adjacent to the joints, the finishing machine shall be operated in a manner to avoid damage or misalignment of joints. If uninterrupted operations of the finishing machine, to, over, and beyond the joints, cause segregation of concrete, damage to, or misalignment of the joints, the finishing machine shall be stopped when the screed is approximately 8 inches (20 cm) from the joint. Segregated concrete shall be removed from the front of and off the joint; and the forward motion of the finishing machine shall be resumed. Thereafter, the finishing machine may be run over the joint without lifting the screed, provided there is no segregated concrete immediately between the joint and the screed or on top of the joint. c. Machine Finishing. The concrete shall be spread as soon as it is placed, and it shall be ' struck off and screeded by a finishing machine. The machine shall go over each area as many times and at such intervals as necessary to give to proper consolidation and to leave a surface of uniform texture. Excessive operation over a given area shall be avoided. When side forms are used, the tops of the forms shall be kept clean by an effective device attached to the machine, and the travel of the machine on the forms shall be maintained true without lift, wobbling, or other variation tending to affect the precision finish. During the first pass of the finishing machine, a uniform ridge of concrete shall be maintained ahead of the front screed for its entire length. When in operation, the screed shall be moved forward with a combined longitudinal and transverse shearing motion, always moving in the direction in which the work is progressing, and so manipulated that neither end is raised from the side forms during the striking -off process. If necessary, this shall be repeated until the surface is of uniform texture, true to grade and cross section, and free from porous areas. d. Hand Finishing. Hand finishing methods will not be permitted, except under the following conditions: in the event of breakdown of the mechanical equipment, hand methods may be used to finish the concrete already deposited on the grade; in areas of narrow widths or of irregular dimensions where operation of the mechanical equipment is impractical. Concrete, as soon as placed, shall be struck off and screeded. An approved portable screed shall be used. A second screed shall be provided for striking off the bottom layer of concrete when reinforcement is used. I The screed for the surface shall be a least 2 feet longer than the maximum width of the slab to be struck off. It shall be of approved design, sufficiently rigid to retain its shape, and shall be constructed either of metal or of other suitable material covered with metal. Consolidation shall be attained by the use of suitable vibrators. J:\2004\042110\Specs\P-501.doc Section P 501 - 14 1 I e. Floating. After the concrete has been struck off and consolidated, it shall be further smoothed and trued by means of a longitudinal float using one of the following methods: (1) Hand Method. Long -handled floats shall not be less than 12 feet in length and 6 inches in width, stiffened to prevent flexibility and warping. The float shall be operated from foot bridges spanning but not touching the concrete or from the edge of the pavement. Floating ' shall pass gradually from one side of the pavement to the other. Forward movement along the centerline of the pavement shall be in successive advances of not more than one-half the length of the float. Any excess water or laitance in excess of 1/8 -inch thick shall be removed and wasted. (2) Mechanical Method. The Contractor may use a machine composed of a cutting and smoothing floats, suspended from and guided by a rigid frame and constantly in contact with, the side forms or underlying surface. If necessary, long -handled floats having blades not less than 5 feet in length and 6 inches in width may be used to smooth and fill in open -textured areas in the pavement. When the crown of the pavement will not permit the use of the mechanical float, the surface shall be floated transversely by means of a long -handled float. Care shall be taken not to work the crown out of the pavement during 1 the operation. After floating, any excess water and laitance in excess of 1/8 -inch thick shall be removed and wasted. Successive drags shall be lapped one-half the length of the blade. ' f. Straight -edge Testing and Surface Correction. After the pavement has been struck off and while the concrete is still plastic, it shall be tested for trueness with a Contractor furnished 16 -foot straightedge swung from handles 3 feet longer than one-half the width of the slab. The straightedge shall be held in contact with the surface in successive positions parallel to the centerline and the whole area gone over from one side of the slab to the other, as necessary. Advancing shall be in successive stages of not more than one-half the length of the straightedge. Any excess water and laitance in excess of 1/8 -inch thick shall be removed from the surface of the pavement and wasted. Any depressions shall be immediately filled with freshly mixed concrete, struck off, consolidated, and refinished. High areas shall be cut down and refinished. Special attention shall be given to assure that the surface across joints meets the smoothness requirements of paragraph 501-5.2e(3). Straightedge testing and surface corrections shall continue until the entire surface is found to be free from observable departures from the straightedge and until the slab conforms to the required grade and cross section. The use of long -handled wood floats shall be confined to a minimum; they may be used only in emergencies and in areas not accessible to finishing equipment. 5014.12 SURFACE TEXTURE. The surface of the pavement shall be finished with either a broom, burlap drag, or artificial turf finish for all newly constructed concrete pavements. a. Brush or Broom Finish. If the pavement surface texture is to be a type of brush or broom 1 finish, it shall be applied when the water sheen has practically disappeared. The equipment shall operate transversely across the pavement surface, providing corrugations that are uniform in appearance and approximately 1/16 of an inch in depth. It is important that the texturing equipment IJ:\2004\042110\Specs\P-501.doc Section P 501 - 15 I not tear or unduly roughen the pavement surface during the operation. Any imperfections resulting from the texturing operation shall be corrected. b. Burlap Drag Finish. If a burlap drag is used to texture the pavement surface, it shall be at least 15 ounces per square yard. To obtain a textured surface, the transverse threads of the burlap shall be removed approximately 1 foot from the trailing edge. A heavy buildup of grout on the burlap threads produces the desired wide sweeping longitudinal striations on the pavement surface. The corrugations shall be uniform in appearance and approximately 1/16 of an inch in depth. 501-4.14 CURING. Immediately after finishing operations are completed and marring of the concrete will not occur, the entire surface of the newly placed concrete shall be cured in accordance with one of the methods below. Failure to provide sufficient cover material of whatever kind the Contractor may elect to use, or lack of water to adequately take care of both curing and other requirements, shall be cause for immediate suspension of concreting operations. The concrete shall not be left exposed for more than 1/2 hour during the curing period. a. Impervious Membrane Method. The entire surface of the pavement shall be sprayed uniformly with white pigmented curing compound immediately after the finishing of the surface and before the set of the concrete has taken place. The curing compound shall not be applied during rainfall. Curing compound shall be applied by mechanical sprayers under pressure at the rate of 1 gallon to not more than 150 square feet. The spraying equipment shall be of the fully atomizing type equipped with a tank agitator. At the time of use, the compound shall be in a thoroughly mixed condition with the pigment uniformly dispersed throughout the vehicle. During application the compound shall be stirred continuously by mechanical means. Hand spraying of odd widths or shapes and concrete surfaces exposed by the removal of forms will be permitted. The curing compound shall be of such character that the film will harden within 30 minutes after application. Should the film become damaged from any cause, including sawing operations, within the required curing period, the damaged portions shall be repaired immediately with additional compound or other approved means. Upon removal of side forms, the sides of the exposed slabs shall be protected immediately to provide a curing treatment equal to that provided for the surface. b. Polyethylene Films. The top surface and sides of the pavement shall be entirely covered with polyethylene sheeting. The units shall be lapped at least 18 inches. The sheeting shall be placed and weighted to cause it to remain in contact with the surface and sides. The sheeting shall have dimensions that will extend at least twice the thickness of the pavement beyond the edges of the pavement. Unless otherwise specified, the sheeting shall be maintained in place for 7 days after the concrete has been placed. c. Waterproof Paper. The top surface and sides of the pavement shall be entirely covered with waterproofed paper. The units shall be lapped at least 18 inches. The paper shall be placed and weighted to cause it to remain in contact with the surface covered. The paper shall have dimensions that will extend at least twice the thickness of the pavement beyond the edges of the slab. The surface of the pavement shall be thoroughly saturated prior to placing of the paper. Unless otherwise , specified, the paper shall be maintained in place for 7 days after the concrete has been placed. I 792004\042110\Specs\P-501.doc Section P 501 - 16 , I d. White Burlap -Polyethylene Sheets. The surface of the pavement shall be entirely covered with the sheeting. The sheeting used shall be such length (or width) that it will extend at least twice i the thickness of the pavement beyond the edges of the slab. The sheeting shall be placed so that the entire surface and both edges of the slab are completely covered. The sheeting shall be placed and weighted to remain in contact with the surface covered, and the covering shall be maintained fully saturated and in position for 7 days after the concrete has been placed. e. Curing in Cold Weather. The concrete shall be maintained at a temperature of at least 50 degrees F for a period of 72 hours after placing and at a temperature above freezing for the remainder of the curing time. The Contractor shall be responsible for the quality and strength of the ' concrete placed during cold weather, and any concrete injured by frost action shall be removed and replaced at the Contractor's expense. 501-4.15 REMOVING FORMS. Unless otherwise specified, forms shall not be removed from freshly placed concrete until it has hardened sufficiently to permit removal without chipping, spalling, or tearing. After the forms have been removed, the sides of the slab shall be cured as ' outlined in one of the methods indicated in paragraph 501-4.14. Major honeycombed areas shall be considered as defective work and shall be removed and replaced in accordance with paragraph 501-5.2(f). I501-4.16 SEALING JOINTS. The joints in the pavement shall be sealed in accordance with Item P-605. 501-4.17 PROTECTION OF PAVEMENT. The Contractor shall protect the pavement and its appurtenances against both public traffic and traffic caused by the Contractor's employees and ' agents. This shall include workers to direct traffic and the erection and maintenance of warning signs, lights, pavement bridges, crossovers, and protection of unsealed joints from intrusion of foreign material, etc. Any damage to the pavement occurring prior to final acceptance shall be repaired or the pavement replaced at the Contractor's expense. The Contractor shall have available at all times, materials for the protection of the edges and surface of the unhardened concrete. Such protective materials shall consist of rolled polyethylene sheeting at least 4 mils thick of sufficient length and width to cover the plastic concrete slab and any edges. The sheeting may be mounted on either the paver or a separate movable bridge from which it can be unrolled without dragging over the plastic concrete surface. When rain appears imminent, all paving operations shall stop and all available personnel shall begin covering the surface of the unhardened concrete with the protective covering. 501-4.18 OPENING TO TRAFFIC. The pavement shall not be opened to traffic until test specimens molded and cured in accordance with ASTM C 31 have attained a flexural strength of 550 pounds per square inch when tested in accordance with ASTM C 78. If such tests are not conducted, the pavement shall not be opened to traffic until 14 days after the concrete was placed. Prior to opening to traffic, the pavement shall be cleaned. I I I7:\2004\042110\Specs\P-501.doc Section P 501 - 17 MATERIAL ACCEPTANCE I 501-5.1 ACCEPTANCE SAMPLING AND TESTING. All acceptance sampling and testing, with the exception of coring for thickness determination, necessary to determine conformance with the requirements specified in this section will be performed by the Engineer. Concrete shall be accepted for strength and thickness on a lot basis. A lot shall consist of a day's production not to exceed 2,000 cubic yards . Testing organizations performing these tests shall meet the requirements of ASTM C 1077. The Contractor shall bear the cost of providing curing facilities for the strength specimens, per paragraph 501-5.1a(3), and coring and filling operations, per paragraph 501-5.lb(1). a. Flexural Strength. (1) Sampling. Each lot shall be divided into four equal sublots. One (1) specimen shall be taken for each sublot from the plastic concrete delivered to the job site. Sampling locations shall be determined by the Engineer in accordance with random sampling procedures contained in ASTM D 3665. The concrete shall be sampled in accordance with ASTM C 172. (2) Testing. A minimum of two (2) specimens shall be made for each sample. Specimens shall be made in accordance with ASTM C 31 and the flexural strength of each specimen shall be determined in accordance with ASTM C 78. The flexural strength for each sublot shall be computed by averaging the results of the test specimens representing the sublot. (3) Curing. The Contractor shall provide adequate facilities for the initial curing of beams. During the 24 hours after molding, the temperature immediately adjacent to the specimens must be maintained in the range of 60 to 80 degrees F (16 to 27 degrees C), and loss of moisture from the specimens must be prevented. The specimens may be stored in tightly constructed wooden boxes, damp sand pits, temporary buildings at construction sites, under wet burlap in favorable weather or in heavyweight closed plastic bags, or use other suitable methods, provided the temperature and moisture loss requirements are met. (4) Acceptance. Acceptance of pavement for flexural strength will be determined by the Engineer in accordance with paragraph 501-5.2b. a. Compressive Strength. (1) Sampling. Each lot shall be divided into four equal sublots. One (1) sample shall be taken 1 for each sublot from the plastic concrete delivered to the job site. Sampling locations shall be determined by the Engineer in accordance with random sampling procedures contained in ASTM D 3665. The concrete shall be sampled in accordance with ASTM C 172. (2) Testing. Specimens shall be made in accordance with ASTM C 31 and the compressive strength of each specimen shall be determined in accordance with ASTM C 39. I J:\2004\042110\Specs\P-501.doc Section P 501 - 18 , I I I I Li I I I II I I I Li I H I. I (3) Curing. The Contractor shall provide adequate facilities for the initial curing of cylinders. During the 24 hours after molding, the temperature immediately adjacent to the specimens must be maintained in the range of 60 to 80 degrees F (16 to 27 degrees C), and loss of moisture from the specimens must be prevented. The specimens may be stored in tightly constructed wooden boxes, damp sand pits, temporary buildings at construction sites, under wet burlap in favorable weather or in heavyweight closed plastic bags, or use other suitable methods, provided the temperature and moisture loss requirements are met. b. Pavement Thickness. (1) Sampling. Each lot shall be divided into four equal sublots and one core shall be taken by the Contractor for each sublot. Sampling locations shall be determined by the Engineer in accordance with random sampling procedures contained in ASTM D 3665. Areas, such as thickened edges , with planned variagle thickmess, shall be excluded form sample locations. Cores shall be neatly cut with a core drill. The Contractor shall furnish all tools, labor, and materials for cutting samples and filling the cored hole. Core holes shall be filled by the Contractor with a non -shrink grout approved by the Engineer within one day after sampling. (2) Testing. The thickness of the cores shall be determined by the Engineer by the average caliper measurement in accordance with ASTM C 174. (3) Acceptance. Acceptance of pavement for thickness shall be determined by the Engineer in accordance with paragraph 501-5.2c. c. Partial Lots. When operational conditions cause a lot to be terminated before the specified four tests have been made for the lot, the following procedure will be used to adjust the lot size and the number of tests for the lot. Where three sublots have been produced, they shall constitute a lot. Where one or two sublots have been produced, they shall be incorporated into the next lot or the previous lot and the total number of sublots shall be used in the acceptance criteria calculation, i.e., n=5 or n=6. 501-5.2 ACCEPTANCE CRITERIA. a. General. Acceptance will be based on the following characteristics of the completed pavement: (1) Flexural strength (2) Thickness (3) Smoothness (4) Grade (5) Edge slump (6) Dowel bar alignment Flexural strength and thickness shall be evaluated for acceptance on a lot basis using the method of estimating percentage of material within specification limits (PWL). Acceptance using PWL considers the variability (standard deviation) of the material and the testing procedures, as well as J:\2004\042110\Specs\P•501.doc Section P 501 - 19 [1 the average (mean) value of the test results to calculate the percentage of material that is above the lower specification tolerance limit (L). Acceptance for flexural strength will be based on the criteria contained in accordance with paragraph 501-5.2e(1). Acceptance for thickness will be based on the criteria contained in paragraph 501- 5.2e(2). Acceptance for smoothness will be based on the criteria contained in paragraph 501- 5.2e(3). Acceptance for grade will be based on the criteria contained in paragraph 501-5.2e(4). The Engineer may at any time, not withstanding previous plant acceptance, reject and require the ' Contractor to dispose of any batch of concrete mixture which is rendered unfit for use due to contamination, segregation, or improper slump. Such rejection may be based on only visual inspection. In the event of such rejection, the Contractor may take a representative sample of the I rejected material in the presence of the Engineer, and if it can be demonstrated in the laboratory, in the presence of the Engineer, that such material was erroneously rejected, payment will be made for ' the material at the contract unit price. b. Flexural Strength. Acceptance of each lot of in -place pavement for flexural strength shall be based on PWL. The Contractor shall target production quality to achieve 90 PWL or higher. c. Pavement Thickness. Acceptance of each lot of in -place pavement shall be based on PWL. The Contractor shall target production quality to achieve 90 PWL or higher. d. Percentage of Material Within Limits (PWL). The percentage of material within limits (PWL) shall be determined in accordance with procedures specified in Section 110 of the General Provisions. The lower specification tolerance limit (L) for flexural strength and thickness shall be: , Lower Specification Tolerance Limit (L) ' Flexural Strength 0.93 x strength specified in paragraph 501-3.1 Compressive Strength 0.92 x strength specified in paragraph 501-3.1 Thickness Lot Plan Thickness in inches - 0.50 inches ' e. Acceptance Criteria. (1) Flexural Strength. If the PWL of the lot equals or exceeds 90 percent, the lot I shall be acceptable. Acceptance and payment for the lot shall be determined in accordance with paragraph 501-8.1. (2) Thickness. If the PWL of the lot equals or exceeds 90 percent, the lot shall be acceptable. Acceptance and payment for the lot shall be determined in accordance with paragraph 501-8.1. 1 3:\2004\042[10\specs\P-501.doc Section P 501 - 20 I (3) Smoothness. As soon as the concrete has hardened sufficiently, the pavement surface shall be tested with a 16 -foot straightedge or other specified device. Surface smoothness 1 deviations shall not exceed 1/4 inch from a 16 -foot straightedge placed in any direction, including placement along and spanning any pavement joint edge. Areas in a slab showing high spots of more than 1/4 inch (6 mm) but not exceeding 1/2 inch in 16 feet shall be marked and immediately ground down with an approved grinding machine to an ' elevation that will fall within the tolerance of 1/4 inch (6 mm) or less. Where the departure from correct cross section exceeds 1/2 inch (13 mm), the pavement shall be removed and replaced at the expense of the Contractor when so directed by the Engineer. I(4) Grade. An evaluation of the surface grade shall be made by the Engineer for compliance to the tolerances contained below. Lateral Deviation. Lateral deviation from established alignment of the pavement edge shall not exceed plus or minus 0.10 foot in any lane. ' Vertical Deviation. Vertical deviation from established grade shall not exceed plus or minus 0.04 foot at any point. ' (5) Edge Slump. When slip -form paving is used, not more than 15 percent of the total free edge of each 500 foot segment of pavement, or fraction thereof, shall have an edge slump ' exceeding 1/4 -inch and none of the free edge of the pavement shall have an edge slump exceeding 3/8 -inch. (The total free edge of 500 feet of pavement will be considered the cumulative total linear measurement of pavement edge originally constructed as nonadjacent to any existing pavement; i.e., ' 500 feet of paving lane originally constructed as a separate lane will have 1,000 feet of free edge, 500 feet of fill-in lane will have no free edge, etc.). The area affected by the downward movement of the concrete along the pavement edge shall be limited to not more than 18 inches from the edge. When excessive edge slump cannot be corrected before the concrete has hardened, the area with excessive edge slump shall be removed and replaced at the expense of the Contractor when so directed by the Engineer. (6) Dowel Bar Alignment. Dowel bars and assemblies shall be checked for position and alignment. The maximum permissible tolerance on dowel bar alignment in each plane, horizontal and vertical, shall not exceed 2 percent or 1/4 inch per foot of a dowel bar. f. Removal and Replacement of Concrete. Any area or section of concrete that is removed ' and replaced shall be removed and replaced back to planned joints. The Contractor shall replace damaged dowels and the requirements for doweled longitudinal construction joints in paragraph 501- 4.10 shall apply to all contraction joints exposed by concrete removal. ICONTRACTOR QUALITY CONTROL ' 501-6.1 QUALITY CONTROL PROGRAM. The Contractor shall develop a Quality Control Program in accordance with Section 100 of the General Provisions. The program shall address all elements which effect the quality of the pavement including, but not limited to: I7:\2004\042110\Specs\P-501.doc Section P 501 - 21 11 1 a. Mix Design b. Aggregate Gradation c. Quality of Materials d. Stockpile Management e. Proportioning f. Mixing and Transportation g. Placing and Consolidation h. Joints i. Dowel Placement and Alignment j. Flexural or Compressive Strength k. Finishing and Curing 1. Surface Smoothness 501-6.2 QUALITY CONTROL TESTING. The Contractor shall perform all quality control tests necessary to control the production and construction processes applicable to this specification and as set forth in the Quality Control Program. The testing program shall include, but not necessarily be limited to, tests for aggregate gradation, aggregate moisture content, slump, and air content. A Quality Control Testing Plan shall be developed as part of the Quality Control Program. a. Fine Aggregate. (1) Gradation. A sieve analysis shall be made at least twice daily in accordance with ASTM 1 C 136 from randomly sampled material taken from the discharge gate of storage bins or from the conveyor belt. (2) Moisture Content. If an electric moisture meter is used, at least two direct measurements of moisture content shall be made per week to check the calibration. If direct measurements are made in lieu of using an electric meter, two tests shall be made per day. Tests shall be made in accordance with ASTM C 70 or ASTM C 566. b. Coarse Aggregate. I (1) Gradation. A sieve analysis shall be made at least twice daily for each size of aggregate. Tests shall be made in accordance with ASTM C 136 from randomly sampled material taken from the discharge gate of storage bins or from the conveyor belt. (2) Moisture Content. If an electric moisture meter is used, at least two direct measurements 1 of moisture content shall be made per week to check the calibration. If direct measurements are made in lieu of using an electric meter, two tests shall be made per day. Tests shall be made in accordance with ASTM C 566. c. Slump. Four slump tests shall be performed for each lot of material produced in accordance with the lot size defined in Section 501-5.1. One test shall be made for each sublot. Slump tests shall be performed in accordance with ASTM C 143 from material randomly sampled from material 1 J:\2004\042110\Specs\P-501.doc Section P 501 - 22 ' I discharged from trucks at the paving site. Material samples shall be taken in accordance with ASTM C 172. d. Air Content. Four air content tests, shall be performed for each lot of material produced in accordance with the lot size defined in Section 501-5.1. One test shall be made for each sublot. Air content tests shall be performed in accordance with ASTM C 231 for gravel and stone coarse aggregate and ASTM C 173 for slag or other porous coarse aggregate, from material randomly sampled from trucks at the plant site. Material samples shall be taken in accordance with ASTM C '172. 501-6.3 CONTROL CHARTS. The Contractor shall maintain linear control charts for fine and course aggregate, gradation, slump, and air content. Control charts shall be posted in a location satisfactory to the Engineer and shall be kept up to date at all times. As a minimum, the control charts shall identify the project number, the contract item number, the test number, each test parameter, the Action and Suspension Limits, or Specification ' limits, applicable to each test parameter, and the Contractor's test results. The Contractor shall use the control charts as part of a process control system for identifying potential problems and assignable causes before they occur. If the Contractor's projected data during production indicates a ' potential problem and the Contractor is not taking satisfactory corrective action, the Engineer may halt production or acceptance of the material. ' a. Fine and Coarse Aggregate Gradation. The Contractor shall record the running average of the last five gradation tests for each control sieve on linear control charts. Specification limits contained in Tables I and 2 shall be superimposed on the Control Chart for job control. b. Slump and Air Content. The Contractor shall maintain linear control charts both for individual measurements and range (i.e., difference between highest and lowest measurements) for slump and air content in accordance with the following Action and Suspension Limits. CONTROL CHART LIMITS ' Based on Sample Size n=4 Control Parameter Individual Measurements Range Suspension Limit Action Limit Suspension Limit Slump +1- 1 inch +1- 1.5 inch +1- 2.4 inch Air Content +1- 1.2 percent +/- 1.8 percent +1- 2.8 percent The individual measurement control charts shall use the mix design target values as indicators of central tendency. 501-6.4 CORRECTIVE ACTION. The Quality Control Plan shall indicate that appropriate action shall be taken when a process is believed to be out of control. The Plan shall detail what action will ' be taken to bring a process into control and shall contain sets of rules to gauge when a process is out of control. As a minimum, a process shall be deemed out of control and corrective action taken if any one of the following conditions exists. J:\2004\042110\Specs\P-501.doc Section P 501 - 23 I a. Fine and Coarse Aggregate Gradation. When two consecutive averages of five tests are , outside of the Tables I or 2 specification limits, immediate steps, including a halt to production, shall be taken to correct the gradation. b. Fine and Coarse Aggregate Moisture Content. Whenever the moisture content of the fine or coarse aggregate changes by more than 0.5 percent, the scale settings for the aggregate batcher(s) and water batcher shall be adjusted. c. Slump. The Contractor shall halt production and make appropriate adjustments whenever: (1) one point falls outside the Suspension Limit line for individual measurements or range; or (2) two points in a row fall outside the Action Limit line for individual measurements. ' d. Air Content. The Contractor shall halt production and adjust the amount of air -entraining admixture whenever: (1) one point falls outside the Suspension Limit line for individual measurements or range; or (2) two points in a row fall outside the Action Limit line for individual measurements. Whenever a point falls outside the Action Limits line, the air -entraining admixture dispenser shall be , calibrated to ensure that it is operating correctly and with good reproducibility. METHOD OF MEASUREMENT 501-7.1 Portland cement concrete pavement shall be measured by the number of square yards of either plain or reinforced pavement as specified in -place, completed and accepted. BASIS OF PAYMENT ' 501-8.1 PAYMENT. Payment for accepted concrete pavement shall be made at the contract unit ' price per square yard adjusted in accordance with paragraph 501-8.1a, subject to the limitation that: The total project payment for concrete pavement shall not exceed 100 percent of the product of the contract unit price and the total number square yards of concrete pavement used in the accepted work (See Note 2 under Table 3). Payment shall be full compensation for all labor, materials, tools, equipment, and incidentals 1 required to complete the work as specified herein and on the drawings. a. Basis of Adjusted Payment. The pay factor for each individual lot shall be calculated in accordance with Table 3. A pay factor shall be calculated for both flexural strength and thickness. The lot pay factor shall be the higher of the two values when calculations for both flexural strength and thickness are 100 percent or higher. The lot pay factor shall be the product of the two values when only one of the calculations for either flexural strength or thickness is 100 percent or higher. 1. 1:\2004\042110\Specs\P-501.doc Section P 501 -24 U The lot pay factor shall be the lower of the two values when calculations for both flexural strength and thickness are less than 100 percent . TABLE 3. PRICE ADJUSTMENT SCHEDULE Percentage of Material Within Specification Lot Pay Factor (Percent of Contract Unit Limits (PWL) Price) I I I 96-100 106 90-95 PWL+10 75-90 0.5PWL + 55 55-74 1.4PWL —12 Below 55 Reject 2 t ALTHOUGH IT IS THEORETICALLY POSSIBLE TO ACHIEVE A PAY FACTOR OF 106 PERCENT FOR EACH LOT, ACTUAL PAYMENT IN EXCESS OF 100 PERCENT SHALL BE SUBJECT TO THE TOTAL PROJECT PAYMENT LIMITATION SPECIFIED IN PARAGRAPH 501-8.1. 2 The lot shall be removed and replaced. However, the Engineer may decide to allow the rejected lot to remain. In that case, if the Engineer and Contractor agree in writing that the lot shall not be removed, it 1 shall be paid for at 50 percent of the contract unit price AND THE TOTAL PROJECT PAYMENT LIMITATION SHALL BE REDUCED BY THE AMOUNT WITHHELD FOR THE REJECTED LOT. For each lot accepted, the adjusted contract unit price shall be the product of the lot pay factor for the lot and the contract unit price. Payment shall be subject to the total project payment limitation specified in paragraph 501-8.1. Payment in excess of 100 percent for accepted lots of concrete pavement shall be used to offset payment for accepted lots of concrete pavement that achieve a lot pay factor less than 100 percent. Ib. Payment. Payment shall be made under: Bid Item No's. 12 1l C I I 11" Portland Cement Concrete Pavement, per square yard. END OF ITEM P-501 IJ:\2004\042110\Specs\P-501.doc Section P 501 - 25 I ' ITEM P-605 JOINT SEALING FILLER DESCRIPTION ' 605-5.1 This item shall consist of providing and installing a resilient and adhesive joint sealing filler capable of effectively sealing joints and cracks in pavements. MATERIALS 605-2.1 JOINT SEALERS. Joint sealing materials shall meet the requirements of: ' Fed. Spec. SS -S-200 - Sealing Compounds, Two -Component, Elastomeric, Polymer Type, Jet -Fuel -Resistant, Cold Applied. ASTM D 1854 - Jet -Fuel -Resistant Concrete Joint Sealer, Hot -Poured Elastic Type ' ASTM D 3405 - Joint Sealants, Hot -Poured, for Concrete and Asphalt Pavements ' ASTM D 3406 - Joint Sealants, Hot -Poured, Elastometric-Type, for Portland Cement Concrete Pavements ASTM D 3569 - Joint Sealants, Hot -Poured, Elastometric, Jet -Fuel -Resistant type, for Portland Cement Concrete Pavements Each batch of sealing compound shall be delivered to the jobsite in the manufacturer's original ' sealed contained. Each container shall be marked with the manufacturer's name, batch or lot number, and the safe heating temperature and shall be accompanied by the manufacturer's certification stating that the compound meets the requirements of this specification. ' CONSTRUCTION METHODS 605-3.1 TIME OF APPLICATION. Joints shall be sealed as soon after completion of the curing period as feasible and before the pavement is opened to traffic, including construction equipment. The pavement temperature shall be above 50 F at the time of installation of the poured joint sealing ' material. 605-3.2 PREPARATION OF JOINTS. Immediately before sealing, the joints shall be thoroughly ' cleaned of all laitance, curing compound, and other foreign material. Cleaning shall be accomplished by sandblasting and high pressure air blast. Upon completion of cleaning, the joints shall be blown out with compressed air. The joint faces shall be surface dry when the seal is applied. ' J:\2002\022103\SPECS\P-605.DOC P-605-1 605-3.3 INSTALLATION OF SEALANTS. Joints shall be inspected for proper width, depth, alignment, and preparation, and shall be approved by the Engineer before sealing is allowed. Sealants shall be installed in accordance with the following requirements: Hot Poured Sealants. The joint sealant shall be applied uniformly solid from bottom to top and shall be filled without formation of entrapped air or voids. A backing material shall be placed as shown on the plans and shall be non -adhesive to the concrete or the sealant material. The heating kettle shall be an indirect heating type, constructed as a double boiler. A positive temperature control and mechanical agitation shall be provided. The sealant shall not be heated to more than 20 F below the safe heating temperature. The safe heating temperature can be obtained from the manufacturer's shipping container. A direct connecting pressure type extruding device with nozzles shaped for insertion into the joint shall be provided. Any sealant spilled on the surface of the pavement shall be removed immediately. METHOD OF MEASUREMENT Joint sealing material shall be measured by the of sealant in place, complete, and accepted. BASIS OF PAYMENT 605-5.1 Payment for joint sealing material shall be made at the contract lump sum or unit price. The price shall be full compensation for furnishing all materials, for all preparation, delivering, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Joint Sealing Filler — per lump sum. I I I 11 I I CJ I I I 1l I I I I I ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE DESCRIPTION 610-1.1 This item shall consist of reinforced structural portland cement concrete, prepared and constructed in accordance with these specifications, at the locations and of the form and dimensions shown on the plans. MATERIALS 610-2.1 GENERAL. Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the Contractor, when required, for examination and test. Materials shall be scored and handled to insure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein. In no case shall the use of pit -run or naturally mixed aggregates be permitted. Naturally mixed aggregate shall be screened and washed, and all fine and coarse aggregates shall be stored separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of different aggregates will not be permitted. 610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall meet the requirements of ASTM C 33. Coarse aggregate shall be well graded from coarse to fine and shall meet one of the gradations shown in Table 1, using ASTM C 136. 610-2.3 FINE AGGREGATE. The fine aggregate for concrete shall meet the requirements of ASTM C 33. The fine aggregate shall be well graded from fine to coarse and shall meet the requirements of Table 2, when tested in accordance with ASTM C 136: TABLE 1. GRADATION FOR COARSE AGGREGATE Sieve Designation (square openings) 1-1/2 inch 1 inch 1/2 No 4 inch Percentage by Weight Passing Sieves 100 90-100 20-55 0-10 1 J:\2004\042110\SPECS\'-610.DOC Section P-610 - 1 I 1 TABLE 2. GRADATION FOR FINE AGGREGATE Sieve Designation (square openings) Percentage by Weight Passing Sieves 3/8 inch 100 No. 4 95-100 No. 16 45-80 No. 30 25-55 No. 50 10-30 No. 100 2-10 Blending will be permitted, if necessary, in order to meet the gradation requirements for fine aggregate. Fine aggregate deficient in the percentage of material passing the No. 50 mesh sieve may be accepted, provided that such deficiency does not exceed 5% and is remedied by the addition of pozzolanic or cementitious materials other than portland cement, as specified in 610-2.6 on admixtures, in sufficient quantity to produce the required workability as approved by the Engineer. 610-2.4 CEMENT. Cement shall conform to the requirements of C-150 Type I. ' The Contractor shall furnish vendors' certified test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 610-2.5 WATER. The water used in concrete shall be free from sewage, oil, acid, strong alkalies, vegetable matter, and clay and loam. If the water is of questionable quality, it shall be tested in accordance with AASHO T 26. ' 610-2.6 ADMIXTURES. The use of any material added to the concrete mix shall be approved by ' the Engineer. Before approval of any material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall be made of samples taken by the Engineer from the supply of the material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Pozzolanic admixtures shall be fly ash or raw or calcined natural pozzolons meeting the requirements of ASTM C 618. Air -entraining admixtures shall meet the requirements of ASTM C 260. Air -entraining admixtures ' shall be added at the mixer in the amount necessary to produce the specified air content. Water -reducing, set -controlling admixtures shall meet the requirements of ASTM C 494, Type A, water -reducing or Type D, water -reducing and retarding. Water -reducing admixtures shall be added .1 J:\2004\042110\SPECS\P-610.DOC Section P-610 -2 1 L I I I I 11 I I I I I I at the mixer separately from air -entraining admixtures in accordance with the manufacturer's printed instructions. 610-2.7 PREMOLDED JOINT MATERIAL. Premoldedjoint material for expansion joints shall meet the requirements of ASTM D 1751. 610-2.8 STEEL REINFORCEMENT. Reinforcing shall consist of [ J conforming to the requirements of [ J. 610-2.9 COVER MATERIALS FOR CURING. Curing materials shall conform to one of the following specifications: Waterproof paper for curing concrete ASTM C 171 Polyethylene Sheeting for Curing Concrete ASTM C 171 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309, Type 2 CONSTRUCTION METHODS 610-3.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. 610-3.2 CONCRETE COMPOSITION. The concrete shall develop a compressive strength of 3500 psi in 28 days as determined by test cylinders made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The concrete shall contain not less than 470 pounds of cement per cubic yard. The concrete shall contain 5 percent of entrained air, plus or minus 1 percent, as determined by ASTM C 231 and shall have a slump of not more than 4 inches as determined by ASTM C 143. 610-3.3 ACCEPTANCE SAMPLING AND TESTING. Concrete for each structure will be accepted on the basis of the compressive strength specified in paragraph 3.2. The concrete shall be sampled in accordance with ASTM C 172. Compressive strength specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. Concrete cylindrical test specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The Contractor shall cure and store the test specimens under such conditions as directed. The Engineer will make the actual tests on the specimens at no expense to the Contractor. 610-3.4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or I J:\2004\0421 to\SPECS\P-610.DOC Section P-610 -3 I hoppers shall be approved by the Engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. 610-3.5 CONSISTENCY. The consistency of the concrete shall be checked by the slump test specified in ASTM C 143. 610-3.6 MIXING. Concrete may be mixed at the construction site, at a central point, or wholly or in part in truck mixers. The concrete shall be mixed and delivered in accordance with the requirements of ASTM C 94. 610-3.7 MIXING CONDITIONS. The concrete shall be mixed only in quantities required for immediate use. Concrete shall not be mixed while the air temperature is below 40° F without permission of the Engineer. If permission is granted for mixing under such conditions, aggregates or water, or both, shall be heated and the concrete shall be placed at a temperature not less than 50 nor more than 1000 F. The Contractor shall be held responsible for any defective work, resulting from freezing or injury in any manner during placing and curing, and shall replace such work at his/her expense. Retempering of concrete by adding water or any other material shall not be permitted. The delivery of concrete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals. 610-3.8 FORMS. Concrete shall not be placed until all the forms and reinforcements have been inspected and approved by the Engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall bear responsibility for their adequacy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. The internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be constructed so that they can be removed without injuring the concrete or concrete surface. The forms shall not be removed before the expiration of at least 30 hours from vertical faces, walls, slender columns, and similar structures or until tests indicate that at least 40% of the design strength has developed; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at least 60% of the design strength of the concrete has developed. 610-3.9 PLACING REINFORCEMENT. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position during concreting. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. Shop drawings, lists, and bending details shall be supplied by the Contractor when required. I I I I I I I I I I I I I Li I I J:\2004\042110\SPECS\'-610.DOC Section P-610 -4 [1 I I I I I I I The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into comers and angles of the ' forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie, a closed bottom dump ' bucket, or other approved method and shall not be disturbed after being deposited. 610-3.10 EMBEDDED ITEMS. Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 610-3.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise approved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than 11/2 hours after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a distance of more than 5 feet, or depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. I I I I I I I 610-3.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended, necessary provisions shall be made for joining future work before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by roughened slightly, wetted, and/or covered with a neat coating of cement paste or grout. 610-3.13 EXPANSION JOINTS. Expansion joints shall be constructed at such points and of such dimensions as may be indicated on the drawings. The premolded filler shall be cut to the same shape as that of the surfaces being joined. The filler shall be fixed firmly against the surface of the concrete already in place in such manner that it will not be displaced when concrete is deposited against it. 610-3.14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 610-3.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be I J:\2004\0421 I0\SPECS\P-610.DOC Section P-610 -5 I brought flush with the finished top surface at the proper elevation and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand -cement mortar be spread over the concrete during the finishing of horizontal plane surfaces. The wingwalls and headwalls shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all irregularities are removed. If the concrete has hardened before being rubbed, a carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. 610-3.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Contractor. The work shall be protected from the elements, flowing water, and from defacement of any nature during the building operations. The concrete shall be cured as soon as it has sufficiently hardened by covering with an approved material. Water -absorptive coverings shall be thoroughly saturated when placed and kept saturated for a period of at least 3 days. All curing mats or blankets shall be sufficiently weighted or tied down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on concrete surfaces for 7 days after the concrete has been placed. 610-3.17 DRAINS OR DUCTS. Drainage pipes, conduits, and ducts that are to be encased in concrete shall be installed by the Contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 610-3.18 COLD WEATHER PROTECTION. When concrete is placed at temperatures below 400 F, the Contractor shall provide satisfactory methods and means to protect the mix from injury by freezing. The aggregates, or water, or both, shall be heated in order to place the concrete at temperatures between 50 and 100° F. Calcium chloride may be incorporated in the mixing water when directed by the Engineer. Not more than 2 pounds of Type I nor more than 1.6 pounds of Type 2 shall be added per bag of cement. After the concrete has been placed, the Contractor shall provide sufficient protection such as cover, canvas, framework, heating apparatus, etc., to enclose and protect the structure and maintain the temperature of the mix at not less than 500 F until at least 60% of the designed strength has been attained. 610-4.1 Not Applicable. METHOD OF MEASUREMENT BASIC OF PAYMENT 610-5.1 Payment for structural concrete shall be subsidiary to the and electrical duct items. END OF ITEM P-610 I I I L1 I I I r" I I I I I I I J:\2004\042110\SPECS\P-610.DOC Section P-610 -6 ' H ITEM P-620 TAXIWAY PAINTING ' DESCRIPTION ' 620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. MATERIALS ' 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or ' the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. ' 620-2.2 PAINT. Paint shall be Waterborne in accordance with the requirements of paragraph 620- 2.2.a. Paint shall be furnished in White -37925, yellow -33538 and/or 33655, Black -37038 in accordance with Federal Standard No 595. a. WATERBORNE. Paint shall meet the requirements of Federal Specification TT -P- ' 1952D, Type II. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Fed. Spec. Ill -B-1325, Type III, Glass beads shall be treated with adhesion promoting and/or flotation coatings as specified by the manufacturer of the paint. CONSTRUCTION METHODS 620-3.1 The LIMITATIONS. e painting shall be performed only when the surface is dry and when the surface temperature is at least 45 degrees F (7 degrees C) and rising and the pavement surface temperature is at least 5 degrees F (2.7 degrees C) above the dew point. Painting operations shall be discontinued when the surface temperature exceeds 100 degrees F (38 degrees C). 620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead and/or silica sand dispensing machine, and ' such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of ' traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. J:\2004\042110\SPECS\P620.DOC Section P-620 - I I I 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. Paint applied to the runway following the rejuvenation sealer shall follow the paint manufacturer's directions. 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint application. The locations of markings to receive glass beads shall be as indicated below: All taxiway holding position markings. Taxiway centerline marking. Taxiway edge markings, 620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by the Engineer. The edges of the markings shall not vary from a straight line more than 1/2 inch (12 mm) in 50 feet (15 m) and marking dimensions and spacing shall be within the following tolerances: Dimension and Spacing Tolerance 36 inches (910 mm) or less +1- 1/2 inch (12 mm) greater than 36 inches to 6 feet 910 mm to 1.85 m) +1- 1 inch (25 mm) greater than 6 feet to 60 feet (1.85 m to 18.3 m) +1- 2 inches (51 mm) greater than 60 feet (18.3 m) +1- 3 inches (76 mm) The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate(s) shown in Table 1. The addition of thinner will not be permitted. A minimum period of 48 hours shall elapse between placement of a bituminous surface course or seal coat and application of the paint. TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS Paint Square feet Glass Beads, Type III Paint Type per gallon, ft2/gal Pounds per gallon of paint--lb./gal. (Square meters per (Kilograms per liter liter, m2/1) of paint--kg/1 Waterborne 115 ft2/gal. maximum (2.8 m2/1) 7 lb./gal. minimum (0.85 kg/1) I I I I I I L_ I L C I II L_ I I Section P-620 - 2 J:'2004\042110\SPECS\P-620.DOC ' lui Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass beads immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall not be applied to black paint Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. ' 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall one complete item in place performed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT 620-5.1 Payment shall be made at the respective lump sum price for runway and taxiway painting including reflective media. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: ' Bid Item No's. 16 Taxiway Striping (Yellow), per linear foot Bid Item No's. 17 Taxiway Outline Striping (Black), per linear foot I Ir1 I P J I I END OF SECTION ' i:�zo04\o421 io'SPEcsW-e2o.DOC Section P-620 - 3 I I I I I H I I LI L1 Li J 7 L I 1] ITEM D-705 PIPE UNDERDRAINS FOR AIRPORTS DESCRIPTION 705-1.1 This item shall consist of the construction of pipe drains in accordance with these specifications and in reasonably close conformity with the lines and grades shown on the plans. MATERIALS 705-2.1 GENERAL. Materials shall meet the requirements shown on the plans and specified below. 705-2.2 PIPE. The pipe shall be of the type called for on the plans or in the proposal and shall be in accordance with the following appropriate requirements. Smooth -Wall Perforated PVC Pipe Poly (Vinyl Chloride) Ribbed Drain Pipe & Fittings Based on Controlled Inside Diameter Poly (Vinyl Chloride)(PVC) Corrugated Sewer Pipe With a Smooth Interior and Fittings Corrugated Polyethylene Drainage Tubing (all types) Corrugated Polyethylene Pipe, 300 to 1200 mm Diameter (all types) Poly (Vinyl Chloride) (PVC) Profile Wall Drain Pipe and Fittings Based on Controlled Inside Diameter 705-23 JOINT MORTAR Not Used. ASTM F 758 ASTM F 794 ASTM F 949 AASHTO M 252 AASHTO M 294M AASHTO M 304 705-2.4 ELASTOMERIC SEALS. Elastomeric seals shall conform to the requirements of ASTM F 477. 705-2.5 POROUS BACKFILL. Porous backfill shall be free of clay, humus, or other objectionable matter, and shall conform to the gradation in Table 1 when tested in accordance with ASTM C 136. J:\2004\0421 10\SPECS\D-705.DOC Section D-705 - I I I TABLE 1. GRADATION OF POROUS BACKFILL Sieve Designation I Percentage by Weight Passing Sieves Porous Material No. 1-1/2 inch 38 mm 100 I inch 25 mm 90-100 3/8 inch 9.5 mm 25 -60 No. 4(4.75 mm) 5 -40 No. 8 (2.36 mm) 0 -20 No. 16 1.18 mm No. 50 (0.30 mm) No. 100 (0.15 When two courses of porous backfill are specified in the plans, the finer of the materials shall conform to particle size tabulated herein for porous material No. 1. The coarser granular material shall meet the gradation given in the tabulation for porous material No. 2. 705-2.6. GRANULAR MATERIAL. Granular material used for backfilling shall conform to the requirements of ASTM D 2321 for Class IA, IB, or II materials, or shall meet the requirements of AASHTO Standard Specification for Highway Bridges Section 30. 705-2.7. FILTER FABRIC. The filter fabric shall conform to the requirements of AASHTO M 288-99, Class 2. CONSTRUCTION METHODS 705-3.1 EQUIPMENT. All equipment necessary and required for the proper construction of pipe underdrains shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. 705-3.2 EXCAVATION. The width of the pipe trench shall be sufficient to permit satisfactory jointing of the pipe and thorough tamping of the bedding material under and around the pipe, but shall not be less than the external diameter of the pipe plus 6 inches (150 mm) on each side. The trench walls shall be approximately vertical. Where rock, hardpan, or other unyielding material is encountered, it shall be removed below the foundation grade for a depth of at least 4 inches (100 mm). The excavation below grade shall be backfilled with selected fine compressible material, such as silty clay or loam, and lightly compacted in layers not over 6 inches (150 mm) in uncompacted depth to form a uniform but yielding foundation. J:\2004\042110\SPECS\D-705.DOC Section D-705 -2 I I I I I r H I L_ I I I L I I I Where a firm foundation is not encountered at the grade established, due to soft, spongy, or other unstable soil, the unstable soil shall be removed and replaced with approved granular material for the full trench width. The Engineer shall determined the depth of removal necessary. The granular material shall be compacted to provide adequate support for the pipe. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. The excavation shall not be carried below the required depth; when this is done, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material. ' The bed for the pipe shall be so shaped that at least the lower quarter of the pipe shall be in continuous contact with the bottom of the trench. Spaces for the pipe bell shall be excavated accurately to size to clear the bell so that the barrel supports the entire weight of the pipe. The Contractor shall do such trench bracing, sheathing, or shoring necessary to perform and protect the excavation as required for safety and conformance to governing laws. Unless otherwise provided, the ' bracing, sheathing, or shoring shall be removed by the Contractor after the completion of the backfill to at least 12 inches (300 mm) over the top of the pipe. The sheathing or shoring shall be pulled as the granular backfill is placed and compacted to avoid any unfilled spaces between the trench wall and the ' backfill material. The cost of bracing, sheathing, or shoring, and the removal of same, shall be included in the unit price bid per foot (meter) for the pipe. ' 705-3.3 LAYING AND INSTALLING PIPE. ' a. PVC or Polyethylene Pipe. PVC or polyethylene pipe shall be installed in accordance with the requirements of ASTM D 2321 or AASHTO Standard Specification for Highway Bridges Section 30. Perforations shall meet the requirements of AASHTO M ' 252 or M 294 Class 2, unless otherwise indicated on the plans. The pipe shall be laid accurately to line and grade. • b. All Types of Pipe. The upgrade end of pipelines, not terminating in a structure, shall be plugged or capped as approved by the Engineer. Unless otherwise shown on the plans, a 4 -inch (100 mm) bed of granular backfill material shall be ' spread in the bottom of the trench throughout the entire length under all perforated pipe underdrains. ' Pipe outlets for the underdrains shall be constructed when required or shown on the plans. The pipe shall be laid with tight -fitting joints. Porous backfill is not required around or over pipe outlets for underdrains. All connections to other drainage pipes or structures shall be made as required and in a ' satisfactory manner. If connections are not made to other pipes or structures, the outlets shall be protected and constructed as shown on the plans. ' b. Filter Fabric. The filter fabric shall be installed accordance with the manufacturer's recommendations, or in accordance with AASHTO M 288-99 APPENDIX, unless otherwise shown on the plans. J:\2004\042110\SPECS\D-705.DOC Section D-705 -3 U 705-3.4 MORTAR. The mortar shall be of the desired consistency for caulking and filling the joints of the pipe and for making connections to other pipes or to structures. Mortar that is not used within 45 minutes after water has been added shall be discarded. Retempering of mortar shall not be permitted. 705-3.5 JOINTS IN CONCRETE PIPE. When open or partly open joints are required or specified, they shall be constructed as indicated on the plans. The pipe shall be laid with the ends fitted together as designed. If bell and spigot pipe is used, mortar shall be placed along the inside bottom quarter of the bell to center the following section of pipe. The open or partly open joints shall be surrounded with granular material meeting requirements of porous backfill No. 2 or as indicated on the plans. This backfill shall be placed so its thickness will be not less than 3 inches (75 mm) nor more than 6 inches (150 mm), unless otherwise shown on the plans. When the original material excavated from the trench is impervious, commercial concrete sand or granular material meeting requirements of porous backfill No. I shall surround porous backfill No. 2, as shown on the plans or as directed by the Engineer. When the original material excavated from the trench is previous and suitable, it may be used as backfill in lieu of porous backfill No. 1, when indicated on the plans or as directed by the Engineer. 705-3.6 BACKFILLING. a. Earth. All trenches and excavations shall be backfilled within a reasonable time after the pipes are installed, unless other protection of the pipe is directed. The backfill material shall be selected material from excavation or borrow; material which is placed within a nominal pipe diameter distance at the sides of the pipe and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 3 -inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The material shall be moistened or dried, if necessary to be compacted by the method in use. Backfill material shall be approved by the Engineer. Special care shall be taken in placing the backfill. Great care shall be used to obtain thorough compaction under the haunches and along the sides to the top of the pipe. The backfill shall be placed in loose layers not exceeding 6 inches in depth under and around the pipe, and not exceeding 8 inches over the pipe. Successive layers shall be added and thoroughly compacted by hand and pneumatic tampers, approved by the Engineer, until the trench is completely filled and brought to the proper elevation. Backfilling shall be done in a manner to avoid injurious top or side ' pressures on the pipe. In embankments and for other areas outside of pavements, the backfill shall be compacted to the density required for embankments in unpaved areas under Item P-152. Under paved areas, the subgrade and any backfill shall be compacted to the density required for embankments for paved areas under Item P-152. I J:\2004\042110\SPECS\D-705.DOC Section D-705 -4 I b. Granular Material. When granular backfill is required, its placement in the trench and about the pipe shall be as shown on the plans. Special care shall be taken in placing the backfill. The granular backfill shall not contain a damaging amount of foreign matter, nor shall earth from the sides of the trench or from the windrow be allowed to filter into the backfill. When required by the Engineer, a template shall be used to properly place and keep separate the two sizes of backfill. The backfill shall be placed in loose layers not exceeding 6 inches in depth and compacted by hand and pneumatic tampers to the requirements as given for earth backfill. Backfilling shall be done in a manner to avoid injurious top or side pressure on the pipe. The granular backfill shall be made to the elevation of the trench, as shown on the plans. When perforated pipe is specified, granular backfill material shall be placed along the full length of the pipe. The position of the granular material shall be as shown on the plans. If the original material excavated from the trench is pervious and suitable, it shall be used in lieu of porous backfill No. 1. When porous backfill is to be placed in paved or adjacent areas prior to the completion of grading or subgrade operations, the backfill material shall be placed immediately after laying the pipe. The depth of this granular backfill shall be not less than 12 inches, measured from the top of the underdrain. During subsequent construction operations, this minimum backfill of 12 inches of depth shall not be disturbed until such time as the underdrains are to be completed. When the underdrains are to be completed, the unsuitable material shall be removed until the porous backfill is exposed. That part of the porous backfill which contains objectionable material shall be removed and replaced with suitable material. The cost of removing and replacing any such unsuitable material shall be borne by the Contractor. Whenever a granular subbase blanket course is to be used under pavements which extends several feet beyond the edge of paving to the outside edge of the underdrain trench, the granular backfill material over the underdrains shall be placed in the trench up to an elevation of 2 inches above the bottom surface of the granular subbase blanket course. Immediately prior to the placing of the granular subbase blanket course, the Contractor shall blade this excess trench backfill from the top of the trench onto the adjacent subgrade where it can be incorporated into the granular subbase blanket course. Any unsuitable material which remains over the underdrain trench shall be removed and replaced. The subbase material shall be placed to provide clean contact between the subbase material and the underdrain granular backfill material for the full width of the underdrain trench. 705-3.7 CONNECTIONS. When the plans call for connections to existing or proposed pipe or structures, these connections shall be watertight and made so that a smooth uniform flow line will be obtained throughout the drainage system. 705-3.8 CLEANING AND RESTORATION OF SITE. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt, and rubbish from the site. Surplus dirt may be deposited in embankments, shoulders, or as ordered by the Engineer. Except for paved areas of the airport, the Contractor shall restore all disturbed areas to their original condition. I J:\2004\042110\SPECS\D-705.DOC Section D-705 - 5 I I II METHOD OF MEASUREMENT 705-4.1 The length of pipe underdrain to be paid for shall be the number of linear feet of pipe underdrains in place, completed, and approved; measured along the centerline of the pipe from end or inside face of structure to the end or inside face of structure, whichever is applicable. All fittings shall be included in the footage as typical pipe sections in the pipeline being measured. BASIS OF PAYMENT 705-5.1 Payment will be made at the contract unit price per linear foot for pipe underdrains, at the contract unit. These prices shall be full compensation for famishing all materials and for all preparation, excavation, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: I I H Bid Item No's. 18 Pipe Underdrain, per linear foot. I END OF ITEM D-705 H I I I I I I J:\2004\042110\SPECS\D-705.DOC Section D-705 -6 1 I [I I I I Ii I I H H IH H J I I [1 ITEM T-901 SEEDING DESCRIPTION 901-1.1 This item shall consist of soil preparation, seeding the areas shown on the plans or as directed by the Engineer in accordance with these specifications. MATERIALS 901-2.1 SEED The species and application rates of grass, legume, and cover -crop seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ-S-181. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number for each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. Variety Creeping Red Fescue Bermuda (Common) hulled Fall Fescue (K-31) Bermuda (Common) hulled Weeping Love Grass Tall Fescue (K-31) Tall Fescue (K-3 1) Rye Grass (perennial) Crimson Clover (Dixie) 901-2.2 LIME. Not Applicable. J:\2004\042110\SPECS\T-901. DOC March 15 - June 15 Pounds per Acre 20 15 20 June 16 - August 31 September 1 - October 15 20 20 25 30 25 20 Section T-901- I C] [.] I 901-2.3 FERTILIZER. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water-soluble potash. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. Spec. O -F-241 and applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. The fertilizers may be supplied in one of the following forms: a. A dry, free -flowing fertilizer suitable for application by a common fertilizer spreader; b. A finely -ground fertilizer soluble in water, suitable for application by power sprayers; or c. A granular or pellet form suitable for application by blower equipment. Fertilizers shall be 10-20-10 commercial fertilizer and shall be spread at the rate of 500 pounds per acre. 901-2.4 SOIL FOR REPAIRS. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and'shall be approved by the Engineer before being placed. CONSTRUCTION METHODS 901-3.1 ADVANCE PREPARATION AND CLEANUP. After grading of areas has been completed and before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently been thoroughly loosened and worked to a depth of not less than 5 inches as a result of grading operations and, if immediately prior to seeding, the top 3 inches of soil is loose, friable, reasonably free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade. However, when the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil then scarified or otherwise loosened to a depth not less than 5 inches. Clods shall be broken and the top 3 inches of soil shall be worked into a satisfactory seedbed by discing, or by use of cultipackers, rollers, drags, harrows, or other appropriate means. JA2004\042110\SPECS\T-901.DOC Section T-901- 2 C [L LT HI I I I I I I I [1 L I Ti I I it Hi 1 I I C I [] [1 I I Li Li 901-3.2 DRY APPLICATION METHOD a. Fertilizing. Following advance preparations and cleanup fertilizer shall be uniformly spread at the rate which will provide not less than the minimum quantity stated in paragraph 901-2.3. b. Seeding. Grass seed shall be sown at the rate specified in paragraph 901-2.1 immediately after fertilizing, and the fertilizer and seed shall be raked within the depth range stated in the special provisions. Seeds of legumes, either alone or in mixtures, shall be inoculated before mixing or sowing, in accordance with the instructions of the manufacturer of the inoculant. When seeding is required at other than the seasons shown on the plans or in the special provisions, a cover crop shall be sown by the same methods required for grass and legume seeding. c. Rolling. After the seed has been properly covered, the seedbed shall be immediately compacted by means of an approved lawnroller, weighing 40 to 65 pounds per foot of width for clay soil (or any soil having a tendency to pack), and weighing 150 to 200 pounds per foot of width for sandy or light soils. 901-3.3 MAINTENANCE OF SEEDED AREAS. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and acceptance of the work. When the dry application method outlined above is used for work done out of season, it will be required that the Contractor establish a good stand of grass of uniform color and density to the satisfaction of the Engineer. If at the time when the contract has been otherwise completed it is not possible to make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the areas seeded out of season will be withheld until such time as these requirements have been met. METHOD OF MEASUREMENT 901-4.1 The quantity of seeding to be paid for shall be the number of acres measured on the ground surface, completed and accepted. BASIS OF PAYMENT 901-5.1 Payment shall be made at the contract unit price per acre or fraction thereof, which price and payment shall be full compensation for furnishing and placing all material and for all labor, equipment, tools, and incidentals necessary to complete the work prescribed in this item. Payment will be made under: IBid Item No's. 15 Seeding, Fertilizing and Mulching --per acre. Li END OF ITEM T-901 J:\2004\042110\SPECS\T-901.DOC Section T-901- 3 II I J I ri I I I I I Li I Li I E I Li J ITEM T-904 SODDING DESCRIPTION 904-1.1 This item shall consist of furnishing, hauling, and placing approved live sod on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the Engineer. MATERIALS 904-2.1 SOD. Sod furnished by the Contractor shall have a good cover of living or growing grass. This shall be interpreted to include grass that is seasonally dormant during the cold or dry seasons and capable of renewing growth after the dormant period. All sod shall be obtained from areas where the soil is reasonably fertile and contains a high percentage of loamy topsoil. Sod shall be cut or stripped from living, thickly matted turf relatively free of weeds or other undesirable foreign plants, large stones, roots, or other materials which might be detrimental to the development of the sod or to future maintenance. At least 70% of the plants in the cut sod shall be composed of the Bermuda grass, and any vegetation more than 6 inches in height shall be mowed to a height of 3 inches or less before sod is lifted. Sod, including the soil containing the roots and the plant growth showing above, shall be cut uniformly to a thickness not less than that stated in the special provisions. 904-2.2 LIME. Not Applicable. 904-2.3 FERTILIZER. Fertilizer shall conform to the requirements of 901-2.3. 904-2.4 WATER. The water shall be sufficiently free from oil, acid, alkali, salt, or other harmful materials that would inhibit the growth of grass. It shall be subject to the approval of the Engineer prior to use. 904-2.5 SOIL FOR REPAIRS. The soil for fill and topsoiling of areas to be repaired shall conform to the requirements of 901-2.4. CONSTRUCTION METHODS 904-3.1 GENERAL. Areas to be solid, strip, or spot sodded shall be shown on the plans. Areas requiring special ground surface preparation such as tilling and those areas in a satisfactory condition which are to remain undisturbed shall also be shown on the plans. Suitable equipment necessary for proper preparation of the ground surface and for the handling and placing of all required materials shall be on hand, in good condition, and shall be approved by the Engineer before the various operations are started. The Contractor shall demonstrate to the Engineer before starting the various operations that the application of required materials will be made at the specified rates. 904-3.2 PREPARING THE GROUND SURFACE. After grading of areas has been completed and before applying fertilizer and limestone, areas to be sodded shall be raked or otherwise cleared of J:\002105\SPECS\904.DOC Section T-904 - I Li H stones larger than 2 inches in any diameter, sticks, stumps, and other debris which might interfere with sodding, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes occurs after grading of areas and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. 904-3.3 APPLYING FERTILIZER AND GROUND LIMESTONE. Following ground surface preparation, fertilizer shall be uniformly spread at a rate which will provide not less than the minimum quantity of each fertilizer ingredient, as stated in the special provisions. If use of ground limestone is required, it shall then be spread at a rate which will provide not less than the minimum quantity stated in the special provisions. These materials shall be incorporated into the soil to a depth of not less than 2 inches by disking, raking, or other methods acceptable to the Engineer. Any stones larger than 2 inches in any diameter, large clods, roots, and other litter brought to the surface by this operation shall be removed. 904-3.4 OBTAINING AND DELIVERING SOD. After inspection and approval of the source of sod by the Engineer, the sod shall be cut with approved sod cutters to such a thickness that after it has been transported and placed on the prepared bed, but before it has been compacted, it shall have a uniform thickness of not less than 2 inches. Sod sections or strips shall be cut in uniform widths, not less than 10 inches, and in lengths of not less than 18 inches, but of such length as may be readily lifted without breaking, tearing, or loss of soil. Where strips are required, the sod must be rolled without damage with the grass folded inside. The Contractor may be required to mow high grass before cutting sod. The sod shall be transplanted within 24 hours from the time it is stripped, unless circumstances beyond the Contractor's control make storing necessary. In such cases, sod shall be stacked, kept moist, and protected from exposure to the air and sun and shall be kept from freezing. Sod shall be cut and moved only when the soil moisture conditions are such that favorable results can be expected. Where the soil is too dry, permission to cut sod may be granted only after it has been watered sufficiently to moisten the soil to the depth the sod is to be cut. 904-3.5 LAYING SOD. Sodding shall be performed only during the seasons when satisfactory results can be expected. Frozen sod shall not be used and sod shall not be placed upon frozen soil. Sod may be transplanted during periods of drought with the approval of the Engineer, provided the sod bed is watered to moisten the soil to a depth of at least 4 inches immediately prior to laying the sod. The sod shall be moist and shall be placed on a moist earth bed. pitch forks shall not be used to handle sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge to edge and with staggered joints, in rows at right angles to the slopes, commencing at the base of the area to be sodded and working upward. The sod shall immediately be pressed firmly into contact with the sod bed by tamping or rolling with approved equipment to provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Where the sod may be displaced during sodding operations, the workmen when replacing it shall work from ladders or treaded planks to prevent further displacement. Screened soil of good quality shall be used to fill all cracks between sods. The quantity of the fill soil shall not cause J:\002105\SPECS\904.DOC Section T-904 -2 I H I I H H I I H I I -1 I L. H I U n Id I I I I LJ I iI I II I I I I smothering of the grass. Where the grades are such that the flow of water will be from paved surfaces across sodded areas, the surface of the soil in the sod after compaction shall be set approximately 1 inch below the pavement edge. Where the flow will be over the sodded areas and onto the paved surfaces around manholes and inlets, the surface of the soil in the sod after compaction shall be placed flush with pavement edges. At the end of any drainage outlet, the sod shall be pegged with wooden pegs not less than 12 inches in length and have a cross-sectional area of not less than 3/4 square inch. The pegs shall be driven flush with the surface of the sod. 904-3.6 WATERING. Adequate water and watering equipment must be on hand before sodding begins, and sod shall be kept moist until it has become established and its continued growth assured. In all cases, watering shall be done in a manner which will avoid erosion from the application of excessive quantities and will avoid damage to the finished surface. 904-3.7 ESTABLISHING TURF. a. General. The Contractor shall provide general care for the sodded areas as soon as the sod has been laid and shall continue until final inspection and acceptance of the work. b. Protection. All sodded areas shall be protected against traffic or other use by warning signs or barricades approved by the Engineer. c. Mowing. The Contractor shall mow the sodded areas with approved mowing equipment, depending upon climatic and growth conditions and the needs for mowing specific areas. In the event that weeds or other undesirable vegetation are permitted to grow to such an extent that, either cut or uncut, they threaten to smother the sodded species, they shall be mowed and the clippings raked and removed from the area. 904-3.8 REPAIRING. When the surface has become bullied or otherwise damaged during the period covered by this contract, the affected areas shall be repaired to re-establish the grade and the condition of the soil, as directed by the Engineer, and shall then be sodded as specified in 904-3.5. METHOD OF MEASUREMENT 904-4.1 This item shall be measured on the basis of the area in square yards of the surface covered with sod and accepted. J:\002105\SPECS\904.DOC Section T-904 -3 1 BASIS OF PAYMENT 904-5.1 This item will be paid for on the basis of the contract unit price per square yard for sodding, which price shall be full compensation for all labor, equipment, material, staking, and incidentals necessary to satisfactorily complete the items as specified. Payment will be made under: Bid Item No's. 14 Solid Sodding --per square yard END OF ITEM T-904 J:\002105\SPECS\904.DOC Section T-904 -4 I H I 1 I I I I I I I I I I I I I ITEM T-905 TOPSOILING DESCRIPTION 905-1.1 This item shall consist of preparing the ground surface for topsoil application, removing topsoil from designated stockpiles or areas to be stripped on the site, and placing and spreading the topsoil on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the Engineer. MATERIALS 905-2.1 TOPSOIL. Topsoil shall be the surface layer of soil with no admixture of refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones (2 inches or more in diameter), clay lumps or similar objects. Brush and other vegetation which will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sods and herbaceous growth such as grass and weeds are not to be removed but shall be thoroughly broken up and intermixed with the soil during handling operations. The organic content shall be not less than 3% nor more than 20% as determined by the wet -combustion method (chromic acid reduction). There shall be not less than 20% nor more than 80% of the material passing the 200 mesh sieve as determined by the wash test in accordance with ASTM C 117. Natural topsoil may be amended by the Contractor with approved materials and methods to meet the above specifications. 905-2.2 INSPECTION AND TESTS. Within 10 days following acceptance of the bid, the Engineer shall be notified of the source of topsoil to be furnished by the Contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. At this time, the Contractor may be required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths, for testing purposes as specified in 905-2.1. CONSTRUCTION METHODS 905-3.1 GENERAL. Areas to be topsoiled shall be shown on the plans. If topsoil is available on the site, the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the plans. Suitable equipment necessary for proper preparation and treatment of the ground surface, stripping of topsoil, and for the handling and placing of all required materials shall be on hand, in good condition, and approved by the Engineer before the various operations are started. J:\2004\042110\SPECS\T-905.DOC Section T-905 - I I 905-3.2 PREPARING THE GROUND SURFACE. Immediately prior to dumping and spreading the topsoil on any area, the surface shall be loosened by discs or spike -tooth harrows, or by other means approved by the Engineer, to a minimum depth of 2 inches to facilitate bonding of the topsoil to the covered subgrade soil. The surface of the area to be topsoiled shall be cleared of all stones larger than 2 inches in any diameter and all litter or other material which may be detrimental to proper bonding, the rise of capillary moisture, or the proper growth of the desired planting. Limited areas, as shown on the plans, which are too compact to respond to these operations shall receive special scarification. Grades on the area to be topsoiled, which have been established by others as shown on the plans, shall be maintained in a true and even condition. Where grades have not been established, the areas shall be smooth -graded and the surface left at the prescribed grades in an even and properly compacted condition to prevent, insofar as practical, the formation of low places or pockets where water will stand. 905-33 OBTAINING TOPSOIL. Prior to the stripping of topsoil from designated areas, any vegetation, briars, stumps and large roots, rubbish or stones found on such areas, which may interfere with subsequent operations, shall be removed using methods approved by the Engineer. Heavy sod or other cover, which cannot be incorporated into the topsoil by disking or other means shall be removed. When suitable topsoil is available on the site, the Contractor shall remove this material from the designated areas and to the depth as directed by the Engineer. The topsoil shall be spread on areas already tilled and smooth -graded, or stockpiled in areas approved by the Engineer. Any topsoil stockpiled by the Contractor shall be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others, and is required for topsoiling purposes, shall be removed and placed by the Contractor. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded if required and put into a condition acceptable for seeding. 905-3.4 PLACING TOPSOIL. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 6 inches after compaction, unless otherwise shown on the plans or stated in the special provisions. Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfmg operations can proceed with a minimum of soil preparation or tilling. After spreading, any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches or more in diameter), roots, litter, or any foreign matter shall be raked up and disposed of by the Contractor. after spreading is completed, the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the Engineer. The compacted topsoil surface shall conform to the required lines, grades, and cross sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed. J:\2004\042110\SPECS\T-905.DOC Section T-905 -2 I I 11 I I I C I I I r f1 I I I I METHOD OF MEASUREMENT 905-4.1 Not Applicable. BASIS OF PAYMENT 905-5.1 Payment will be made under Item P-152. END OF ITEM T-905 J:\2004\042110\SPECS\T-905.DOC Section T-905 -3 I I I [] I I I 1 I I I I I ITEM T-908 MULCHING DESCRIPTION 908-1.1 This item shall consist of furnishing, hauling, placing, and securing mulch on surfaces indicated on the plans or designated by the Engineer. MATERIALS 908-2.1 MULCH MATERIAL. Acceptable mulch shall be the materials listed below or any approved locally available material that is similar to those specified. Low grade, musty, spoiled, partially rotted hay, straw, or other materials unfit for animal consumption will be acceptable. Mulch materials, which contain matured seed of species which would volunteer and be detrimental to the proposed overseeding, or to surrounding farm land, will not be acceptable. Straw or other mulch material which is fresh and/or excessively brittle, or which is in such an advanced stage of decomposition as to smother or retard the planted grass, will not be acceptable. a. Hay. Hay shall be native hay, sudan grass hay, broomsedge hay, legume hay, or similar hay or grass clippings. b. Straw. Straw shall be the threshed plant residue of oats, wheat, barley, rye, or rice from which grain has been removed. c. Hay Mulch Containing Seed. Hay mulch shall be mature hay containing viable seed of native grasses or other desirable species stated in the special provisions or as approved by the Engineer. The hay shall be cut and handled so as to preserve the maximum quantity of viable seed. Hay mulch which cannot be hauled and spread immediately after cutting shall be placed in weather -resistant stacks or baled and stored in a dry location until used. d. Asphalt Binder. Asphalt binder material shall conform to the requirements of ASTM D 977, Type SS -1 or RS -l. 908-2.2 INSPECTION. Within 5 days after acceptance of the bid, the Engineer shall be notified of sources and quantities of mulch materials available and the Contractor shall furnish him with representative samples of the materials to be used. These samples may be used as standards with the approval of the Engineer and any materials brought on the site which do not meet these standards shall be rejected. CONSTRUCTION METHODS 908-3.1 MULCHING. Before spreading mulch, all large clods, stumps, stones, brush, roots, and other foreign material shall be removed from the area to be mulched. Mulch shall be applied immediately after seeding. The spreading of the mulch may be by hand methods, blower, or other mechanical methods, provided a uniform covering is obtained. J:\2004\0421 10\SPECS\T-908.DOC Section T-908 - I 1 L1 Mulch material shall be furnished, hauled, and evenly applied on the area shown on the plans or designated by the Engineer. Straw or hay shall be spread over the surface to a uniform thickness at the rate of 2 to 3 tons per acre to provide a loose depth of not less than 1-1/2 inches nor more than 3 inches. Other organic material shall be spread at the rate directed by the Engineer. Mulch may be blown on the slopes and the use of cutters in the equipment for this purpose will be permitted to the extent that at least 95% of the mulch in place on the slope shall be 6 inches or more in length. When mulches applied by the blowing method are cut, the loose depth in place shall be not less than 1 inch nor more than 2 inches. 908-3.2 SECURING MULCH. The mulch on normal slopes of less than 5:1 shall be held in place by light discing, asphalt binder, or other adhesive material approved by the Engineer. The mulch on the channels slopes shall be held in place by erosion control matting as approved by the Engineer. Where mulches have been secured by either of the asphalt binder methods, it will not be permissible to walk on the slopes after the binder has been applied. The Contractor is warned that in the application of asphalt binder material he must take every precaution to guard against damaging or disfiguring structures or property on or adjacent to the areas worked and that he will be held responsible for any such damage resulting from his/her operations. 908-3.3 CARE AND REPAIR a. The Contractor shall care for the mulched areas until final acceptance of the project. Such care shall consist of providing protection against traffic or other use by placing warning signs, as approved by the Engineer, and erecting any barricades that may be shown on the plans before or immediately after mulching has been completed on the designated areas. b. The Contractor shall be required to repair or replace any mulching and matting that is ' defective or becomes damaged until the project is finally accepted. When, in the judgment of the Engineer, such defects or damages are the result of poor workmanship or failure to meet the requirements of the specifications, the cost of the necessary repairs or replacement shall be borne by the Contractor. However, once the Contractor has completed the mulching of any area in accordance with the provisions of the specifications and to the satisfaction of the Engineer, no additional work at his/her expense will be required, but subsequent repairs and replacements deemed necessary by the Engineer shall be made by the Contractor and will be paid for as additional or extra work. c. If the "asphalt spray" method is used, all mulched surfaces shall be sprayed with asphalt ' binder material so that the surface has a uniform appearance. The binder shall be uniformly applied to the mulch at the rate of approximately 8.0 gallons per 1,000 square feet, or as directed by the Engineer, with a minimum of 6.0 gallons and a maximum of 10 gallons per 1,000 square feet depending on the type of mulch and the effectiveness of the binder securing it. Bituminous binder material may be sprayed on the mulched slope areas from either the top or the bottom of the slope. An approved spray nozzle shall be used. The nozzle shall be operated at a distance of not less than 4 feet from the surface of the mulch and uniform distribution of the bituminous material shall be required. A pump or an air compressor of adequate capacity shall be used to insure uniform ' distribution of the bituminous material. 1 J:\2004\042110\SPECS\T-908.DOC Section T-908 -2 1 I Li Li I I I d. If the "asphalt mix" method is used, the mulch shall be applied by blowing, and the asphalt binder material shall be sprayed into the mulch as it leaves the blower. The binder shall be uniformly applied to the mulch at the rate of approximately 8.0 gallons per 1,000 square feet or as directed by the Engineer, with a minimum of 6.0 gallons and a maximum of 10 gallons per 1,000 square feet depending on the type of mulch and the effectiveness of the binder securing it. METHOD OF MEASUREMENT 908-4.1 Mulching shall be considered as subsidiary to Bid Item for seeding. BASIS OF PAYMENT ' 908-5.1 Payment for mulching will be made under Bid Item Seeding. The price shall be full compensation for furnishing all materials and for placing and anchoring the materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. 1 I L L L [1 I L I I I J:\2004\042110\SPECS\T-908.DOC END OF ITEM T-908 Section T-908 - 3 I I L-108 INSTALLATION OF UNDERGROUND CABLE FOR AIRPORTS ' DESCRIPTION 108-1.1 This item shall consist of underground cable furnished and installed in accordance with this specification at the locations and in accordance with the design, dimensions, and details shown in the plans. This item shall include the excavation and backfill of the trench and the installation of cable and counterpoise wire in trench, duct or conduit. It shall include splicing, cable marking, and testing of the installation and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the engineer. This item shall not include the installation of the ' duct or conduit. EQUIPMENT AND MATERIALS 108-2.1 GENERAL. ' (a) Airport lighting equipment and materials covered by FAA specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591, and shall be listed in Advisory Circular 150/5345-1, Approved Airport Lighting Equipment. (b) All other equipment and materials covered by other referenced specifications shall be 'subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the Engineer. I Ti I Li I I I 108-2.2 CABLE. Underground cable shall conform to the requirements of Type C manufactured in accordance with the requirements of IPCEA S-66-524. The cable shall be marked with the manufacturer's name or trademark, cable trade names or catalog number, conductor size, and voltage rating. The markings shall be spaced at least every two feet and should not affect the smoothness of the cable surface. Each underground cable shall be No. 8, AWG. The cable shall be a first -grade commercial product, free from defects in material and workmanship that may affect either life or performance. 108-2.3 BARE COPPER WIRE (Counterpoise). Bare copper wire for counterpoise installations shall be stranded wire conforming to ASTM Specifications B3 and B8, No. 6 AWG. 108-2.4 CABLE CONNECTIONS. In -line connections of underground primary cables shall be "cast splice". A cast splice, employing a plastic mold and using epoxy resin equal to that manufactured by Minnesota Mining and Manufacturing Company, "Scotchcast" Kit No. 82--A, or as manufactured by Hysol Corporation, "Hyseal Epoxy Splice" Kit No. E1135, for potting the splice is approved. 1:\2004\042110\SPECS\L-io8.DOC Section L -I08 - I I CONSTRUCTION METHODS 108-3.1 GENERAL. The Contractor shall install the specified cable at the approximate locations indicated in the Plans. The Engineer shall approve specific locations. 108-3.2 INSTALLATION IN DUCT OR CONDUIT. This item includes the installation of the cable in duct as described below. The maximum number and voltage ratings of cables installed in each single duct and the current -carrying capacity of each cable shall be in accordance with the latest National Electric Code, or the code of the local agency having jurisdiction. The Contractor shall make no connections or joints of any kind in cables installed in conduits or ducts. The duct or conduit shall be installed as a separate item in accordance with Item L-110, "Installation of Airport Underground Electrical Duct." The Contractor shall make sure that the duct is open, continuous, and clear of debris before installing cable. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation, or damage to the outer protective covering. The ends of all cables shall be sealed with moisture -seal tape before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a duct under the same contract, all cable shall be pulled in the duct at the same time. The pulling of a cable through ducts or conduits may be accomplished by handwinch or power winch with the use of cable grips or pulling eyes. Pulling tensions should be governed by recommended standard practices for straight pulls or bends. A lubricant recommended for the type of cable being installed shall be used where pulling lubricant is required. Duct or conduit markers temporarily removed for excavations shall be replaced as required. 108-3.3 TRENCHING. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Road patrols or graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Cable trenches shall be excavated to a minimum depth of 18 inches below finished grade. The Contractor shall excavate all cable trenches to a width not less than 6 inches. The trench shall be widened where more than two cables are to be installed parallel in the same trench. Unless otherwise specified in the Plans, all cables in the same location and running in the same general direction shall be installed in the same trench. 108-3.4 INSTALLATION IN TRENCHES. The Contractor shall not use a cable plow for installing the cable. Mechanical cable -laying equipment may be used in conjunction with a trenching machine if specified on project Plans and Specifications; and it should provide for physical inspection of cable prior to backfilling. Sharp bends or kinks in the cable shall not be permitted. J:\2004\042110\SPECS\L-l08.DOC Section L-108 -2 I I H H C I I L I H C I I I I I I I I I CJ C1 I The second, and subsequent layers shall be thoroughly tamped and compacted to at least the density ' of the adjacent undisturbed soil, and to the satisfaction of the Engineer. If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Not less than 1 foot of cable slack shall be left on each side of splices. The slack cable shall be placed in the trench in a series of S -curves. 108-3.5 BACKFILLING CABLE TRENCHES NOT UNDER PAVEMENT. After the cable has been installed, the trench shall be backfilled with a layer 3 inches deep, loose measurement, and the backfill shall be either earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch sieve. This layer shall not be compacted. The second layer shall be 5 inches deep, loose measurement, and shall contain no particles that would be retained on a 1 -inch sieve. The remainder of the backfill shall be excavated or imported material and shall not contain stone or aggregate larger than 4 inches maximum diameter. The third and subsequent layers of the backfill shall not exceed 8 inches in maximum depth, loose measurement. 1 Cable trenches located under area to be paved shall be backfilled entirely with compacted crushed stone aggregate per the Plans. 108-3.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, ' pad construction, and other work shall be restored to its original condition. The restoration shall include any necessary topsoiling, fertilizing and seeding, or sodding. All such work shall be performed in accordance with the FAA Standard Specifications, as revised for this Project. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. ' 108-3.7 CABLE MARKERS. The location of runway light circuits shall be marked by a concrete slab marker, 2 feet square and 4 inches thick, extending approximately 1 inch above the surface. ' Cable markers shall be installed immediately above the cable at the splices on each end of the proposed taxiway. The Contractor shall impress the words "CABLE" and "SPLICE" on each cable marking slab. The letters shall be approximately 4 inches high and 3 inches wide, with width of stroke 1/2 inch and ' 1/4 inch deep stenciled in the concrete. 108-3.8 SPLICING. . Connections of the type shown in the plans shall be made by ' experienced personnel regularly engaged in this type of work and shall be made as follows: a. Cast Splices. These shall be made by using crimp connectors for jointing conductors. ' Molds shall be assembled, and the compound shall be mixed and poured in accordance with manufacturer's instructions and to the satisfaction of the Engineer. I I J:\20041042110\SPECS\L-108.DOC Section L-108 -3 1 b. Vulcanized Splices. These shall be made by using crimp connectors for joining conductors. The splice shall be made, using compounds furnished by the manufacturer, in accordance with his/her instructions and to the satisfaction of the Engineer. I I c. Field -attached Plug-in Splices. These shall be assembled in accordance with manufacturer's instructions. These splices shall be made by plugging directly into mating connectors. In all cases the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches (37 mm) on each side of the joint. d. Factory -Molded Plug-in Splices. These shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches (37 mm) on each side of the joint. e. Taped Splices. A taped splice shall be made in the following manner: Bring the cables to their final position and cut so that the conductors will butt. Remove insulation and jacket allowing for bare conductor of proper length to fit compression sleeve connector with 1/4 inch (6 mm) of bare conductor on each side of the connector. Use a sharp knife to pencil insulation and jacket at approximately the same angle as a pencil point. Care must be taken to avoid nicking or injuring the conductor during removal of insulation or penciling. Do not use emery paper on splicing operation since it contains metallic particles. The copper conductors shall be thoroughly cleaned. Join the conductors by inserting them equidistant into the compression connection sleeve. Crimp conductors firmly in place with crimping tool that requires a complete crimp before tool can be removed. Test the crimped connection by pulling on the cable. Scrape the insulation to assure that the entire surface over which the tape will be applied (plus 3 inches (75 mm) on each end) is clean. After scraping wipe the entire area with a clean lint -free cloth. Do not use solvents. Apply high -voltage rubber tape one-half lapped over bare conductor. This tape should be tensioned as recommended by the manufacturer. Voids in the connector area may be eliminated by highly elongating the tape stretching it just short of its breaking point. Throughout the rest of the splice less tension should be used. Always attempt to exactly half -lap to produce a uniform buildup. Continue buildup to 1-1/2 times cable diameter over the body of the splice with ends tapered a distance of approximately 1 inch (25 mm) over the original jacket. Cover rubber tape with two layers of vinyl pressure -sensitive tape one-half lapped. Do not use glyptol or lacquer over vinyl tape as they react as solvents to the tape. No further cable covering or splice boxes are required. If shielded cable is to be spliced, prepare cable as for a regular taped splice, except that the neoprene jacket shall be removed a distance not less than 5 inches (125 mm) from the beginning of the penciled portion. Carefully unwrap the shielding tape from that portion where jacket has been removed and cut off so that it extends about 1 inch (25 mm) from end of the jacket. Proceed with the taped splice as described above and tape up to 1/4 inch (6 mm) from the shield on both ends. Build up rubber tape to a thickness equal to the insulation thickness or 5/16 inch (9 mm) over connector. J:\2004\042110\SPECS\L• 108.DOC I I I 11 L C C C C I I C I Section L-108 -4 I I Next wrap one-half lapped layer of semi -conducting tape (Scotch No. 13 Semi -Conducting Tape, ' or equal) over splicing tape and 1/4 inch (6 mm) onto the shielding tape. Wrap a fine, flat shielding braid one-half lapped over the splice extending 1/2 inch (12 mm) onto the metallic shielding. Solder ends of braid to metallic shielding tape. A bonding wire, (Minimum No. 14 ' Stranded Copper) equal to the current carrying capacity of the metallic shield, should have the individual strands wrapped around the metallic shield at both ends of the splice. These strands should be tack soldered to the shield in several places. The cable sheath should be replaced by ' wrapping with two one-half lapped layers of vinyl tape extending 2 inches (50 mm) onto the cable jacket. The above described splice is for a straight -through splice with continuity of shielding. 108-3.9 BARE COUNTERPOISE WIRE INSTALLATION. As shown in the Plans, a ' stranded bare copper wire, No. 6 AWG size, shall be installed for lightning protection of the underground cables. The bare counterpoise wire shall be installed in the same trench for the entire length of the insulated cables it is designed to protect, and shall be placed at a distance of ' approximately 4 inches (100 mm) from the insulated cable. The counterpoise wire shall be securely attached to each light fixture base, or mounting stake. The counterpoise wire shall also ' be securely attached to copper or copper -clad ground rods installed not more than 1,000 feet (300 m) apart around the entire circuit. The ground rods shall be of the length and diameter specified in the plans, but in no case shall they be less than 8 -feet (240 cm) long nor less than 5/8 inch (15 mm) in diameter. The counterpoise system shall terminate at the transformer vault or at the power source. It shall ' be securely attached to the vault or equipment grounding system. The connections shall be made as shown in the project plans and specifications. I 108-3.10 TESTING. The Contractor shall furnish all necessary equipment and appliances for testing the underground cable circuits after installation. The Contractor shall test and demonstrate to the satisfaction of the Engineer the following: ' (a) That all lighting power circuits are continuous and free from short circuits. (b) That all circuits are free from unspecified grounds. (c) That the insulation resistance to ground of all nongrounded series circuits is not less 'than 50 megohms. (d) That the insulation resistance to ground of all nongrounded conductors of multiple circuits is not less than 50 megohms. (e) That all circuits are properly connected. I J:\2004\042110\SPECS\L-108.DOC Section L-108 - 5 I (f) That all circuits are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and ' power circuit for not less than 1/2 hour. METHOD OF MEASUREMENT 108-4.1 The quantity of trench to be paid for shall be the linear feet of trench, including the excavation, backfill, and reconditioning, completed, measured as excavated, and accepted as satisfactory. This work shall be paid for as a part of the payment for cable, and/or counterpoise wire; separate and direct payment for trenching will not be made. 108-4.2 The footage of cable or counterpoise wire installed in trench to be paid for shall be the ' number of linear feet of cable or counterpoise wire installed in trenches measured in place, completed, ready for operation, and accepted as satisfactory. Separate measurement shall be made ' for each cable or counterpoise wire installed in trench. 108-4.3 The footage of cable or counterpoise wire installed in duct or conduit to be paid for shall be the number of linear feet measured in place, completed, ready for operation, and accepted as satisfactory. 108-4.4 Separate measurement shall be made for each underground electrical duct. See Section L-110. ' BASIS OF PAYMENT 108-5.1 Payment will be made at the contract unit price for cable trench, cable and bare counterpoise ' wire installed in trench or duct in place, installed by the Contractor and accepted by the Engineer or Owner. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment for cable trench shall include trenching, backfill, and all other miscellaneous items associated with a complete installation. Payment will be made under: Bid Item No. 26 Lighting Cable, Counterpoise, and Trench, per linear foot END OF ITEM L-108 , J:\2004\042110\SPECS\L-108.DOC Section L-108 - 6 I L-110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT DESCRIPTION 110-1.1 This item shall consist of constructing underground electrical ducts in accordance with this Specification at the locations and in accordance with the dimensions, designs, and details shown in the Plans. This item shall include the installation of all underground electrical ducts or underground conduits. It shall also include all trenching, backfilling, removal, concrete encasement, installation of steel drag wires and duct markers, capping, and the testing of the installation as a completed duct system ready for installation of cables, to the satisfaction of the Engineer. EQUIPMENT AND MATERIALS 110-2.1 GENERAL. All equipment and materials covered by referenced Specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when so requested by the Engineer. 110-2.2 PLASTIC CONDUIT. Plastic conduit and fittings shall conform to the requirements of ' Fed. Spec. W -C-1094 and shall be Type I, suitable for underground use either directly in the earth or encased in concrete. CONSTRUCTION METHODS 110-3.1 GENERAL. The Contractor shall install underground ducts at the approximate locations indicated in the Plans. The Engineer shall approve specific locations as the work progresses. Ducts shall be of the size, material, and type indicated in the Plans or Specifications. All duct lines shall be ' laid so as to grade toward duct ends for drainage. Grades shall be at least 3 inches per 100 feet. On runs where it is not practicable to maintain the grade all one way, the duct lines shall be graded from the center in both directions toward duct ends. Pockets or traps where moisture may accumulate I I I I I shall be avoided. All ducts installed shall be provided with a No. 10 gauge galvanized iron or steel drag wire for pulling the permanent wiring. Sufficient length shall be left in manholes or handholes to bend the drag wire back to prevent it from slipping back into the duct. Where spare ducts are installed, as indicated on the Plans, the open ends shall be plugged with removable tapered plugs, designed by the duct manufacturers, or with handwood plugs conforming accurately to the shape of the duct and having the larger end of the plug at least 1/4 inch greater in diameter than the duct. All ducts shall be securely fastened in place during construction and progress of the work and shall be plugged to prevent seepage of grout, water, or dirt. Any duct section having a defective joint shall not be installed. All ducts, except PVC conduit, installed under the apron area shall be encased in a concrete envelope. PVC conduit under the apron area shall be backfilled with crushed aggregate, Item P-209. J:\2004\042110\SPECS\L-1 I0,DOC Section L-110 - 1 [1 I Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for ducts may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Blades of road patrols or graders shall not be used to excavate the trench. The Contractor shall ascertain the type of soil or rock to be excavated before bidding. 110-3.2 DUCTS ENCASED IN CONCRETE. Unless otherwise shown in the Plans, concrete -encased ducts shall be installed so that the top of the concrete envelope is not less than 18 inches below the finished subgrade where installed under runways, taxiways, aprons, or other paved areas. Ducts under paved areas shall extend at least 3 feet beyond the edges of the pavement. Trenches for concrete -encased ducts shall be opened the complete length before concrete is laid so that if any obstructions are encountered, proper provisions can be made to avoid them. All ducts for concrete encasements shall be placed on a layer of concrete not less than 3 inches thick prior to its initial set. Where two or more ducts are encased in concrete, the Contractor shall space them not less than 1 1/2 inches apart (measured from outside wall to outside wall) using spacers applicable to the type of duct. As the duct laying progresses, concrete not less than 3 inches thick shall be placed around the sides and top of the duct bank. End bells or couplings shall be installed flush with the concrete encasement where required. When directed, the Contractor shall supply additional supports where the ground is soft and boggy Concrete for backfill shall be proportioned in accordance with Section P-610. 110-3.3 DUCT AND CONDUIT MARKERS. The location of the ends of all ducts and conduits shall be marked by a concrete slab marker 2 feet square and 4 inches thick extending approximately 1 inch above the surface. The markers shall be located above the ends of all ducts or duct banks, except where ducts terminate in a handhole, manhole, or building. The Contractor shall impress the work "DUCT" on each marker slab. He shall also impress on the slab the number and size of ducts beneath the marker. The letters shall be 4 inches high and 3 inches wide with width of stroke 1/2 -inch and 1/4 -inch deep or as large as the available space permits. 110-3.4 BACKFILLING. After concrete -encased ducts have been properly installed and the concrete has had time to set, the trench shall be backfilled in 8 -inch loose layers with crushed stone aggregate compacted to the required density (P-209). If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. J:\2004\042110\SPECS\L-i l0.DOC I C I I I I C I C C C C I r I Section L-110-2 1 I The trench shall be completely backfilled and tamped level with the adjacent surface: except that, when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. ' Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. ' 110-3.5 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying and other work shall be restored to its original condition. The restoration shall include any necessary ' topsoiling, fertilizing, liming, seeding, sprigging, or mulching. All such work shall be performed in accordance with the FAA Standard Turfing Specifications. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. METHOD OF MEASUREMENT 110-4.1 The quantity of underground duct and conduit to be paid for under this item shall be the number of linear feet of each installed, measured in place, completed with duct markers, and ' accepted. Separate measurement shall be made for the various types and sizes. BASIS OF PAYMENT 110-5.1 Payment will be made at the contract unit price for each type and size of duct and conduit completed and accepted. This price shall be full compensation for furnishing all materials (including ' crushed aggregate), and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Concrete for encasement, where required, shall also be included in the bid price per linear foot of duct. Payment will be made under: Bit Item No. 27 4 -Inch Conduct for Runway Lighting Cable, per Linear Loot. Bid Item No. 28 2 -Inch Conduit for Taxiway Lighting Cable, per Linear Foot. ' Bid Item No. 29 4 -Way 4" Encased Electrical Duct, per Linear Foot. ' Bid Item No. 30 4 -Way 4" Encased Electrical Duct, W/2-4" Split Conduits per Linear Foot. H END OF ITEM L-110 J I J:\2004\042110\SPECS\L-1 I0.DOC Section L-110-3 1 J I I L I I I I I I iI L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS DESCRIPTION 125-1.1 This item shall consist of airport lighting systems furnished and installed in accordance with this specification, the referenced specification, and the applicable advisory circulars. The systems are installed at the location and in accordance with the dimensions, design, and details shown in the plans. This item shall include the furnishing of all equipment, materials, services, and incidentals necessary to place the systems in operation as completed units to the satisfaction of the engineer. 125-1.2 Additional details pertaining to a specific system covered in this item are contained in the advisory circulars listed below. Which are available at the FAA website http/www.faa.gov/ 125-1.3 AC 150/5340-24, Runway and Taxiway Edge Lighting System. 125-1.3 AC150/5345-10E, Specification for Constant Current Regulators, L-829, Class I, Style I. 125-1.4 AC150/5345-26B, Specification for L-823 Plug and Receptacle, Cable Connectors. 125-1.5 AC 150/5345-42C, Specification for Airport Light bases, Transformer Housings, Junction Boxes, and Accessories. 125-1.6 ACI 50/5345-46A, Specification for Runway and Taxiway Light Fixture. 125-1.7 AC 150/5345-47A, Isolation Transformers for Airport Lighting Systems. 125-1.8 AC150/5345-48, Specification for Runway and Taxiway Lights. EQUIPMENT AND MATERIALS ' 125-2.1 GENERAL. (a) Airport lighting equipment and materials covered by FAA specifications shall have the ' prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591, and shall be listed in Advisory Circular 150/5345-1, Approved Airport Lighting Equipment. (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through the manufacturer's certification of compliance with the applicable ' specifications. (c) Lists of the equipment and materials required for a particular system are contained in the applicable advisory circulars. J:\2004\042110\SPECS\L-125.DOC Section L-125 - I I 125-2.2 TAPE. Rubber and plastic electrical tapes shall be Scotch Electrical Tape Number 88, respectively, as manufactured by the Minnesota Mining and Manufacturing Company, or an approved equal. , 125-2.3 CONCRETE. Concrete for backfill shall be proportioned in accordance with Section P-610. 125-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Fed. Spec. WW -C-581. 125-2.5 SQUEEZE CONNECTORS. Squeeze connectors, if specified, shall be equal to Crouse -Hinds Company, type CGB cable connector with neoprene rubber bushing. 125-2.6 TEES. Large radius bend tees, if specified, shall be equal to Crouse -Hinds Company No. ET -43. 125-2.7 REGULATORS. The Taxiway Regulator shall be size 4 kw Type I, Class I, Style I. The constant current regulator shall be manufactured according to FAA Specification L-828, Constant Current Regulators. CONSTRUCTION METHODS 125-3.1 GENERAL. The installation and testing details for the systems shall be as specified in the Plans or applicable advisory circulars. 125-3.2 PLACING LIGHTS. The light fixtures shall be installed at the location indicated in the ' Specifications and according to the details given in the Plans. 125-3.3 INSTALLING REGULATORS. The regulator shall be installed on the floor of the , enclosure as shown on the Drawings. 125-3.4 SPARE PARTS. The Contractor shall provide the following spare parts for the lighting system: Lenses Taxiway - 3 Bulbs 30 Watt - 4 L-830 Transformers - 2 L-823 Connector Kits - 2 I 1 JA2004\0421 10\SPECS\L-125.DOC Section L-125 -2 rI C I METHOD OF MEASUREMENT I 125-4.1. The quantity of lights, bases, junction boxes and accessories to be paid for under these items shall be the number of each type installed as completed units in place, ready for operation, and accepted by the Engineer. The regulator to be paid for under these items shall be the complete installation of the regulator placed and ready for operation, and accepted by the Owner and the Engineer. iBASIS OF PAYMENT I I Payment will be made under: ' Bid Item No. 20 Runway Light Removal, per each. 125-5.1 Payment will be made at the contract unit price for each complete item installed in place by the contractor and accepted by the engineer. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. H Bid Item No. 21 New Medium Intensity Taxiway Lights, including Transformers, and Connectors,- per each. IBid Item No.22 New Taxiway Light Base in Concrete, per each. I Bid Item No.23 New Taxiway Sign, 1 Panel, - per each. Bid Item No.24 New Taxiway Sign, 2 Panel, - each. IBid Item No. 25 New Taxiway Sign, 3 Panel, - per each. H H H Li I END OF SECTION J:\2004\042110\SPECS\L-125.DOC Section L-125 -3 1 I I SOIL STABILIZATION FABRIC DESCRIPTION This item shall consist of furnishing and installing soil stabilization fabric on the aprons and taxiway subgrade as required. The soil stabilization fabric shall be placed over areas which have become too wet or soft to support the compaction of off -site borrow on the native subgrade, as directed by the • Engineer in lieu of excavation of unsuitable material and backfill with off -site borrow material. It is • anticipated that only a small quantity, if any, fabric will be needed for this project. MATERIALS The soil stabilization fabric shall be equal to Fibertex Ten -2 or Mirafi 500X woven polyprophylene ' or Fibertex 200, Typar 3401 and TREVIRA S-1120 non -woven fabrics. Other fabrics must be approved by the Engineer upon submittals of technical data. CONSTRUCTION METHODS The subgrade shall be cleared of all sharp objects, tree stumps, roots, and large stones that could puncture the fabric. In areas in which the fabric is to be installed, the topsoil shall be removed, and the subgrade cut to the proper grade. Fabric shall be overlapped a minimum of two (2') feet or as recommended by the manufacturer. In windy weather the soil or rocks should be placed on the fabric to hold it until the select borrow material is dumped and spread. No vehicles should be allowed to drive directly on the fabric. Following normal construction practices, trucks are used to back -dump borrow material onto the fabric. Spreading the material is best accomplished with a tracked bulldozer. Lighter weight models ' are recommended for softer subgrades. Front-end loaders and motor graders should be avoided because they exert greater pressure on the subgrade. Vibratory compactors can be used, but only after reasonable compaction and rut stability have been established by bulldozer. The Contractor shall install the fabric per the manufacturer's recommendations. Should the fabric be damaged during installation, the damaged section should be exposed and a patch of fabric placed over it. The patch should be large enough to overlap onto unaffected areas by 4 feet. The borrow material is than to be replaced and compacted. Initial compaction should be made by "walking" a tracked bulldozer back and forth over the just -spread aggregate while waiting for the next load. Do not grade down ruts; simply fill with additional material and compact. METHOD OF MEASUREMENT IPayment for the soil stabilization fabric shall be made for the number of square yards completed and installed as measured in place excluding all laps in the fabric and acceptance of the work by the Engineer. The quantity given is to establish a unit price for this item of work. 1 ]:\2004\042110\SPECS\SOILFABRIC.DOC Stabilization Fabric -1 BASIS OF PAYMENT Payment shall be made according to the unit price bid in the Proposal. Payment under this item shall be full compensation for furnishing of all materials, labor, and other incidentals necessary to complete this form. Payment shall be made under: Bid Item No's. 8 Soil Stabilization Fabric, per square yard. END OF SECTION J:\2004\042110\SPECS\SOILFABRIC.DOC Stabilization Fabric -2 I n I 6/6/89 d. Markinand Lighting SW 5200.5A (1) Teorary disolaced runtav threshold: I. (a) Mark with yellow arrows arri a white threshold stripe as shown in A.C. 150/5340-1, or • (b) Use alternate racking which is: 1 Clearly visible to the pilot, 2 Not misleading, confusing, or deceotive,- 3 Sired in place -to prevent movement,. 4 Made of 1n -eria1 which will miuu.mize damage to aircraft which care in contact with the racking. 1 (2) Teri rare relccate1 r.mav threshold (partial closure of a runway): •' (a) Mark with yeller.- c'--_-cns as shczn in A.C. 150/5340-1, or use alternate rarkirg as described in par. lb above. (b) Runway distance re-raLnirg signs ray need to be covered or rezved during the closure. ' (3) Taircrary runway thrmall thresholds must be lichted if or part of a runway is to be open at night during construction or maintenance. The airport. operator may already have termorary th_eshold lighting available, but this should be determined in advance.- ' (a) Use light le.^s colors and spacing in A.C. 150/5340-24, Riu7cray and Taxiway Edge Lighting System. ' (b) Disable edge lights and threshold lights on closed parts of runways. On sane lighting syste-s, it ray be necessary to cover a light rather than an removing the lain or fixture. (c) Disable visual glide sloe indicators (vASI, pAPI, FLASI, etc.), REIL, and approach lights 4isch '-cold otherwise give misleading •' indications to pilots as to the t=es:,old location. Installation of to racy visual aids may be nay to provide adequate guidance for pilots on approach to the affected rurr..ay. The -ay be funded or provided by the FA or the sponsor. 1 I Par rG^e : .1 6/6/89 SW 5200.5A (3) Taxiway safety areas/otstacle free areas - see Fig. 5. ConstxuctiorVmaintesance activity is pesrussible in taxiway obstacle free areas and safety areas. if the activity is hazard marked and/or lighted and tCNs are in effect. Special consideration n st be given to the, height of barricades, flashers and other warning devices to clear aircraft win3t1 s, propellers, engines etc. Other actions may be necessary such as: - Using "wircraJcers" to g'ide aircraft past hazards, - Using temporary taxiway m rking/lightirzg to detour aircraft clear of the area, - - Moving e „prerit and personnel well clear to a11a airy raft to pass safely. Design Group (1) Item I II III N V Taxiway Safety Area Width 49 79 118 171 214 Taxiway Cbject Free Area Width 88 130 186 250 320 cal ahttt in `,ere grcups are 1!st in Fpoerrl:x 3 - Fig- S Tatit.ay Clearances C L I I L L Pa= E Page 10 6/6/89 sw s2oo.s.a I. 1 C. Runway and Taxiway Safety Areas. (1) Rurnrav safety areas - construction or maintenance activity is its- in runway safety areas while the full lergthof the nu-iway is ccen. 1 Normal FAA maintenance of visual, approach, and navigational aids is permissible within safety areas provided vehicles, material,.and excavatiors do not penetrate a runway OFZ and requirrirests of paragraph 7b for acprtach 1 clearance over vehicles, equiprent and material are met. (2) Runway safety area dimensions are shown in Fig. 4. Existing I. safe ty areas at a particular airport mthan ay be larger or smaller the standard division listed. If constzuction'or.maintenance activity must take place within the specified safety area, it is also acceptable to restrict the runway use to a snsller size of aircraft and use a narrc er and/or shorter safety area 1 dimension for the duration of the activity. 1 a b Runway c 1 I Safety Area 1 DFSIG4 CATEGORY SAFETY AREA DI1DLSIONS (Ft.j a or b (1) c (2) 1 1. Utility AC 150/5300-4 a. Visual or Nonprecision 1 Design Grccp I 30 120 200 Design Gram II 40 150 300 1 b. Precision Instnment Design Gram I 110 300 600 Design Gram II 100 300 600 1 Design Gram III, 100 300 600 2. Transport AC 150/5300-12 500 (3) I 1000 1 (1) Use dimension a or b, whidnever .reSZllts in the Greater distance fran the runway centerline. 1 (2) Use dimension c or the existing safety area ler_ti, hiche"c is less, tut no less than 200 feet. 1 (3) Sate certificated airports have or permit se of 400 -foot vide ru ay safety areas during construction and maintenance. Coordinate proasals vith the Airports Safety Se,tion, Asia -651. • Fig. 4 .n-r..ay Safety Areas 1 Pa_rE :C c SW 5200.5A 6/6/59 (2) When ecuicrmnt or cons ruction/Taintenance activity must be on a run: -ay and a decision is made to keep part of the runway open for aircraft, part of the runway rust be closed as sham in Fig. 3. The ditensions sham are recczrrmeed; however, a lamer closed area than sham nay be rosary depending on aircraft use, level of activity, pilot technique, and equiprent height, and a smaller closed area may be possible under scree ciraanstances. These re=rrendaticrs are based on equipment heights of about 15 feet: higher objects way require special consideration. Closed Area US?BLE RWWAY 500' OR 1000' Eaaint END Use the following distances from the construction/nainrxnaxe activity to the relocated threshold: [1 I C I I Li I Small aircraft (12,500 lbs. or less) - 500 ft. Large aircraft (More than 12,500 Lbs.) - 1000 ft. Fig. 3 Relocated Threshold For Equiprent on the Runway I I I I I LJ Face o Pr: ' I. I 1 1 1 Sa 5200.5?. I b. Approach Clearance Over Equiprent and Material. (1) Constructjon activity iri a runcay aooroacli nay result in a need to displace the larding threshold tmporarily. If an cb'ed 7 Penetrates a surface sham in Fig. 2, displace the threshold to a point where the surface is not penetrated. (2) Objects which do not penetrate these sun faces still may be cbstructions to air navigation and/or nay affect standard instrument aiorcech pro yes. Coordinate these with the Airspace and Prccaiures Branch, ASw-530, and the Flight Procedures Branch, ASW-220, as necessary. 7 may/ 20 .r,-. D 20:1 lh-pshold Location Surface Dimensions I Small Aircraft A 0 200 B 250 400 C 700 1000 D 2250 1500 Fig. 2 Runway Threshold Location Paz -B Pace 7 S:1' 5200.SA I-N,EA-TIANSiTIONAL SURFACE. OFZ 150' .BOV£ AIR20RT rEVATIO/ R UtiWY 0 B INNER APPROACH OF= r RUYWAY OF_ A Fig. I OBSTACLE FREE ZONE ?age 6 RLY..AY , 1 1 1 1 INNER -TRANSITIONAL' SURFACE OF: 1 1 I 6/6/89 SW 5200.5A (2) The dirensions of an Obstacle Free Zone are as follo s: (keyed to Figure 1). (a) ay Cbstacle Free Zone (See A in Figure 1) ergs 200 feet beyond each and of the runway and has the follwirx3 width for: 1 Th nays serving snail aircraft: • Precision instrument runway - 300 feet Other runways - 250 feet. 2 Runays serving large aircraft: The greater of 400 feet, or 180 feet plus the wingspan of the tcst demanding airplane, plus 20 feet per 1000 feet of airport elevation. (Note: The runway OFZ width for all transmit runways on certificated airports in the Southwest Region (Appendix 2)is 400 feet.) (b) I.=z-?rprxcn Obstacle Free Zone (.Saa B i^ Fi7_`= 1) The Stew-Apprcach CF2 aoolies only to r.uT..ays ends with • an acoraac: lighting system. 2 Beginni_-q 200 feet fri the runway threshold and ending 200 feet beyond the last light unit in an approacii lighting system, width same as the Rurr-ay OFZ, sloce 50:1, beginning at runway end elevation_ (c) Ir_ne_-fl-nsitional Surface Obstacle Free Zone (See C in IFigure 1) - 1 The Inner -Transitional Surface on applies only to pris irstnxremt r rr..ays. 2 Slope 3:1 perwticula_^ to the r; -...ay center-li-ie and extes-ding laterally f.aa the edces of the rur_ay On and accroach OFZ to a height of 150 feet above airport elevation. I C I I I Pars SW 5200.SA 6/6/89 •1 h. Failure to n"rk and identify utilities or pc':e-r cables, resulting in loss of airport lighting; navigational, vir.2a?, or app oath aids; weather reporting service; or cananucations. i. Unauthorized vehicle operations in localizer or glide slope critical. areas, resulting in electronic interference or facility shutdasn. j. Construction debris (gravel, sand, nxd, paving material, etc.) on airport pavements, resulting in aircraft prop, turbine engine, or tire damage. k- E*pcsed paverent edges (drepoffs) frunways, taxiways and aprons to- ' adjacent pavement sections or shoulders. 1- Construction activities which harper- aircraft rescue/firefighting access from fire stations to the runway-taxt.ay system or airport buildings. , In. Lack of radio carmuiication with c rst_uction and maintenance vehicles in aircraft operating areas. a. SAFrr STANDARD. Paragraphs a through h below define safety stardards and guidelines for FAA -funded construction and FM raintanance activities on , airports_ a. Obstacle Free Zone (1) Objects vehicles, arxi stocieiled raterial no: -ally are not Srnitted to penetrate an OZ. OFZs are shun on Figure 1. (a) Runway OFZs are applicable at any tire the runway is open for aircraft use. On precision runways, the inner -approach and inner - transitional surface OFZs must be kept free of penetrations only when the weather conditions are below an 800 ft. ceiling or less than 2 miles visibility and aircraft are using ?LS approaches. (b) objects which do not penetrate an OZ still ray re✓uire notice to the FAA under FAR Parts 77 or 152 and ray be obstructions to air navigation. Those objects which exceed FkR Part 77 obstruction stp'-r 'ds are to be appropriately ct truction marked and, if used at nig cot, obs`ruction lighted. Cranes or other equipment of unusual height may require special consideration arxi c ordination with FAA operating ela n:s and airport users. I I I 6/6/69 SW 5200.S.A U. c. If the clearances and restrictions desc-- bed in this Order cannot be 1 raintained chile construction or maintenance is urde_-way, action will b taken as app: riate to: (1). close runways, taxiways, or aprons, 1 (2) relccate or displace n r.ay thresholds teicorarily, 1• (3) perform cr cork at night or during pericds of miniral aircraft activity, (4) close affected areas to certain types of aircraft, (5) restrict aircraft use by weight,, wingspan, aoproach speed, or other characteristic, 1 (6) shut down or restrict use of navigational or approach aids. 1 d. FAA err loves who are responsible for constriction or rn3intzrance activities on airports shall coordinate project safety and security 1 requre: irents and irts tacwith the airport ssoon a's a�nsor as as the i chave been identified but before corzrut Psts are .-.ade with contzactcrs or others to perform work on an airport. Coordination will vary from forral oreiesign conferences to informal contacts with the airport ranager or responsible ' sponsor official before starting work. 7. SAFELY 1T'DACTS. Potentially hazardous conditions which raw cair oaring • 1 aizport crstruction and maintenance include the following: a. Exczvatiors, trenches, and stockpiled material on or near rur,.ays, taxiways arid aprons . 1 b. Ccrs`ruction equiprent on aircraft ooezatirq areas or in rL .. y approaches or departure areas. ' c. Inadequate construction area raking or lighting. 1 d. Lack of control over vehicle access to aircraft coe_azi.-q areas, unauthorized entry of personnel, vehicles, or animals. e. Inadeaate vehicle marki- or lightinrg. 1 f. Deficierrt n rkirrg and lightinr of terorzry ru.-*_ay tL-< 1 g. Failure to issue, u te, or cancel Notices to An i e once -ter, airport or rtrr..ay c1csures or other cr.szrJotion-rel a zed a'- rt CPL:_ r5. I 1 Par 6 J SW 5200.5A 6/6/89 e. Obstruction - a structure, natural growth, vehicle or construction -ate_-ial which penetrates any airport imaginary surface defined by FAR Part 77, including primary, transitional, approach, horizontal, and conical surfaces. ' f. Relocated Threshold - a run ay end which is not located at the physical end of the pavement. If part of a runway is closed for landing ani takeoff beginning at the pavement end, then the threshold has been relocated. (Note: this term is not used in the Notice to Air an system.) g. Safety Area - the ground surface next to runways, taxiways, and aircraft parking areas which is epetai to be graded, drained and free of any hazardous surface variations and non! rang ible objects, and which: is to reduce the ' risk of damage to an aircraft inadvertently leaving airport pavement'. h. Snail Aircraft = one weighing 12, 500 lbs. or less maximum certificated takeoff weight. i. Large Aircraft - one weighing more than 12,500 lbs. maximum certificated takeoff weight. 6. PR01RES. Aviation safety is a prirary consideration during airport construction and facilities maintenance_ These activities shall be planned and scbec:uled to minimize disruption of nor -al aircrft ground and air traffic_.' For airports subject. to FAR 107, Airport Security, the airport operator's security program standards shall be observed in the areas of as ess control, and movement and identification of construction and FAA personnel and ' vehicles. a. These standards shall be used to develop specific safety measures which FAA e^aloyees, grantees, and contractors shall adhere to during these activities on all airports in the southwest Region. They provide a reasonable level of safety, but aircraft operations, weather, security, or local airport rules may require use of more stringent safety measures. Use of less stringent measures and changes that impact security controls is permitted only after coordination between Airports, Air Traffic, Airway Facilities,- Flight sterzianis, and Civil. Aviation Security Divisions, airport management, and , affected aviation users. b. Bid dcarents for on -airport include general and specific safety Order, so that contractors are aware acoly during the project to maintain construction or maintenance projects shall _equire.rents, based on Appendix 1 to tus of the costs and constraints which will a high level of aviation safety.. 1 I P HJ age 2 I II I I I ORDER U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Terms Airport Safety Daring FAA -Forded Airport Constriction and FAA SUBJ: Facilities Maintenance S., 5200.5A 6/6/89 1. FURPCSE. .This Order establishes airport safety standards for FAA-firiled construction and FAA facilities mai.ntenahce. 2. DISTRTSTF?ON. This Order is distributed to the Section level in the Airports and Airway Facilities Divisions, to the Branch level in the Flicht Starxards, Air Traffic, and Civil Aviation Security Divisions, to all Southwest Region field offices and facilities, and to F & E Field installatiorvConstruction Representatives. ' 3. CANC=ATION. Order SW 5200.5, Safety. Requ_ire!rnts on Airports Curi-r, Agency Funded Constriction Activity, dated 11/21/75, is cancelled. I I 4. E(PLA' ION OF C -L $CcS. This order revises and I.nxates criteria to be \s, during cons`-uc`ion and maintenance on airports, consistent with current Advisory Cirtlars and agency safety regulations. 5. ' a. Airport Elevation - the highest point on the larding surface of an airport. b. Certificated Airport - an airport which, by law, is safety racy alated by ' the FAA under Past 139 of the Federal Aviation Regulations, and which operates under specific safety requirerrents which -apply to maintenance and oonst rction activities on the airport. Certificated airports are listed in Appendix 2. c. Displaced Threshold a runway larding threshold which is located at a point other than at the beginning of the full -stye. ,h pavcnt. A te=-poz- ' disolacerst ray be used to give landing aircraft adequate clearance over construction equipment or other objects in the approach area of a runway or adjacent to a runway. Id. Ctsacle Free Zone (OFT) - a design standard involving iraginary surfaces in the vicinity of a runway.. They are the F3m.ay OFT, Inner- `-arsizional surface OFT, and Inner-Azoroach OFT. fi Cu on: �'-'�- (=.�, %lJ); AX-4(rte" ; InihJIBC :)': 1 SW 5200.5A (4) Clcsed rurr..av marking: 1 6/6/59 (a) Use yellow "X" marking as s.:an in A.C. 150/5J40-1. (b) Closed runway marking is not required on airports with 24 -hair oont-rol Tbwess if the closed nunwyy cannot be mistaken by pilots for nearby open rurcrays and the airport operator consents to anitting then. In sane cases, closed runway marking could interfere with the use cf the runway for aircraft taxiing if this is to be allowed while the runway is closed for landinns and takeoffs. (c) closed nnay marking is not required on runways which are closed only at night provided that: 1 Runway lighting and visual aids are off, 2 Notans are in effect regarding the closure. (5) Hazard markira (barricades, traffic cones, flashers, etc.) shall be used: -- (a) Tb a tlire cnst-uctior./raintenance areas ctiich are accessible to aircaft, persons, or vehicles, (b) To identify isolated hazards such as open manholes, small areas under repair, stecljiled material, caste a-rers, etc., (c) Tb prevent aircraft fs taxiing onto a closed hurray for takeoff, (d) Tb identify FAA, airport, and National Weather Service facilities, cables, power lines, XIS critical areas and other sensitive areas in order to prevent damage, irtarferolnce, and facility shutda n. e. Navigation Aids and Irstnnrent Approach Procedures (1) The reed to shut da-n navigaticral, aporcach, or visual aids shall be deterti.ned on a case -by -case basis. Flight Standards, Air Traffic, Airports, and Air -ay Facilities offices shall be involved in the decision as necessary. (2) Cbnst ucticn on or rear flint-avvs .-.ay severely restrict the use of star -?'d Irst-urerrt Acoroac'h Procedures, and all phases of the project shall be czor'.,irated with the Flight Prccedures Branch, AS.7-220, to determine the effects. f_ Notices To Mitten (NCL `) (1) P zcrsi^ilitti fcr issii-o Ncz2rs shell be dens -mood before nttructicn or rainterance begirs. Refer to Order 7930.1, Natioral Notice to kLrren Sys..e:n. Page 12 1 .1 1 1 •1 I I SW 5200.SA I- 10. P.M= SPECIFICAfl0NS. Specific safety requireirents for a project may be 1 developed using the guide in Ap≤en'.ix 1 of this Order, or ray be or provided in other fo_--es which provide sinilar guidance_ The project safety reguiretents shall be included in the plans and specifications, as applicable, s an invitation for bids is issued. Ion P. Watson _ 1 Regional Pczninirtratot I. 1 • i 1 1 1 1 1 1 Page 1< 1 6/6/69 �- c 6/6/89 SW 5200.5; (2) Notams on shutdown or irrecular operation of FAA-ccr)d faciliti� shall be issued and cancelled only by FAA employees. Notams on airport conditions shall be issued and cancelled only by the airport sponsor. Any person having reason to believe that a Notam is missing, inwt�lete, or inaczirate shall notify the responsible person. ' g. Vehicle Identification. FAA employees who operate vehicles on an airport shall comply with the airport wner's rules for vehicle xg, lighting, and operations, unless FAA recuiremests are more stringent. vehicles operated by FAA employees on active runways, taxiways, or safety areas shall be marked with orange and white flags or flashing yellw beacons • during daylight hours, and with flashing yeller beacons at night. Contractor • and shall be suppliers shabe informed of the applicable requirements of the airport sponsor by the FAA or airport sponsor employee responsible for the work. h. Controlling Access To Aircraft Operational Areas (1) Vehicle and pedestrian access routes for airport construction and maintenance shall be controlled as necessary to prevent inadvertent or , unauthorized entry of persons, vehicles, and animals. The amount of construction traffic or focal security/safety rules may require use of personnel to control access through gates or fencing, or across aircraft ncver.eit areas. Radio carnrnications may be required between these personnel and a Control Tower if equipment and personnel must enter or cross an active Aircraft Yove.rent Area. - (2) vehicle Parking areas for FAA and contractor employees shall be designated in advance to minimize vehicle traffic in aircraft movement areas while still providing reasonable employee access to the job site. 9. STX4DARD SAFETY SPECIFTCATIONS. General safety provisions which apply during contract work on airports are contained in the following documents: a. Facilities and Ecuipmest (F & E) Program projects - Additional General Provisions, FAA P -1, Clause No. 75, "Special Precautions for Work at Operating Aiqorts"- b. Airport Trprove ant Program (AIP) projects - Advisory Circular 150/5370-10, "Standards for Specifying Construction of Airports," General Provisions 40-05, Maintenance' of Traffic; 70-08, Barricades, Warning Signs, and Hazard Marking; 80-04, Limitation of Cpe.ations. 1 I I Par 8 Pace_ 1. 1 I I I C C C I I I I C I r I List of supplies/Materials that the Determined Are Not Produced In the and Reasonably Available Quantities (Jan 1991) Acetylene, black. Agar, bulk. Anise. Antimony, as metal or cxide Asbestos, amosite, chrys- olite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestics editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. .Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. APPENDIX D U.S. Government Has - United States In Sufficient And of Sufficient Quality Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra and sisal. Goat and kidskins. Graphite, natural, crystal- line, crucible grade. Handsewing needles. Hemp yarn. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incor- poration into building systems during construction or repair and alteration of real property.). Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive Oil. [.1 I APPENDIX D List of supplies/Materials that th Determined Are Not Produced In the and Reasonably Available Quantities (Jan 1991) (CONTINUED) Olives (green), pitted or unpitted, or stuffed, in bulk. Opium, crude. Oranges, mandarin, canned. Petroleum, crude oil, un- finished oils, and finished products (see definitions below) Pine needle oil. Platinum and related group metals, refined, as sponge, powder, ingots, or -cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Quinidine. Quinine. Rabbit fur felt. Radium salts, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secretin. Shellac. Silk, raw and unmanufactured. spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available. Spices and herbs, in bulk. Sugars, raw. Swords and scabbards. Talc, block, steatite. Tantalum. Tapioca flour and cassava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Thread, metallic (gold). Thyme oil. Tin in bars, blocks, and pigs. Triprolidine hydrochloride. e U.S. Government Has United States In Sufficient And of Sufficient Quality Tungsten. Vanilla beans. Venom, cobra. Wax, canauba. Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenhart, lignuin vitae, mahogany, and teak. Yarn, 50 Denier rayon. C1 I L I I La I I H I G I H I I I I I I H CI I I I I H I I I APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) Petroleum terms are used as follows: "Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. "Finished products" means any one or more of the following -petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means:- . (A) "Asphalt" - a solid or sepi-solid cementitious material that (1) gradually liquefies when heated, (2) has bitumins as its predominating constituents, and (3) is obtained in refining crude oil. (B) "Fuel oil" - a liquid or ligu product burned for lighting or for heat or power and derived directly crude oil, such as kerosene, range oils,. gas oil, diesel fuel, topped residues. affable petroleum the generation of or indirectly from oil, distillate fuel crude oil, or (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel" - a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquefied gases" - hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. (F) "Lubricating oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. 3 L I I I J I I I I H n I I H Li Li APPENDIX C OSHA Standard for Excavation and Trenches Safety Program 11 As EaZmssed: 2(10191 1 Sutc of Arkansan ACT 29 11993 2 79th Geaeni Asembad A Li 3 Regular Session, 1993 SE`i.y i cc BILL 320 4 By. Senator Keet ' 6 7 For AD Act To Be Entitled 8 "AN ACT TO REQIIIRE ISE INCLUSION IN ALL BIDS FOR PUBLIC ' 9 WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR T NCE 0R 10 EXCAVATION SAFETY SYST`a≥S; TO INVALIDATE BIDS 1EICE DO NOT 11 CONTAIN SUCH PROVISIONS; TO DECLARE AN 2RCENC:; AND FOR 12 OTH..''R PURPOSES." 13 ' 14 Subtitle 15 "AN ACT TO REQUIRE TEE INCLUSION IN ALL BIDS FOR PUBLIC • : 16 WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRSNCE OR 17 EXCAVATION SAFETY SYSTEMS." 18 19 BE IT ENACTED BY TEE GENErRAI ASSEiflLY OF •T8STATE. OF ARZA'iSAS: 20 21 .. SECTION 1. Whenever any agency of this state or of a=y county, 22 municipality, o: school district, o: other local taxing u it or improvement 23district enters into a contract covered by the previsions of Arkansas Code SS 24 22-9-202 - 22-9-204 for the caking of repairs or. alteratiocs or the erection ' 25 of buildings or for the caking of any other improvements, or for the 26 construction or improvement of higbvays, roads, streets, side -talks, curbs, 27 gutters, drainage or sever projects, or for any other cocscructioa project in 2S vhich the public work or public improvement construction project ir.-:olves any 29 trench or excavation which equals or exceeds five (5) feet is depth, the 30 agency, county, municipality, school district, local taxing uric Cr �r c• 31 improveeent district shall require: �'•.�~ 7 32 (1) the current edition of Occupsciorsl Safety and tealc❑ 33 AdcIn-'stratlor. Scardard for Excavation and T:encbes Safety Syscec, 29 CF: 34 1926, Subpart F, be specifically ircorpornCed loco the spec Pica:Ions for cc G 35 project; and 36 (2) the contract bid form to include a separate pay ice= for IQ ,j Q7o I' Eagct 2/10/73 $6 3:0 1 trench or ezcriatton safety a75Cems and be inc1:.'ded Sa the base b!c. 2 1 3 SECTION 2. In the event a contractor fails to c c 1e:e a se;a=5_e �a7 4 ice t In accorda.^.ce with the applicable provisions c: Se'_ --On 1 o: this at:, 5 the agency, county, tunicipalicy, school district, Leal caxin3 unit or 6 i-;,provetent district shall declare that the bid fails tc c ctp17 folly _'i th the 7 provisions of the specifications and bid docutents and will be considered S invalid as a non -responsive bid. The e..rers of the above stated protect shall 9 notify the Scare Depart=enC of Labor (safety Division) of the award cf.a ' 10 contract covered b7 this act. 1I 12 SECTION 3. All previsions of this act of general and pernanent nature 13 are anendatory to the Arkansas Code • of 1987 Annotated and the Arkansas Code 14 Revision Cca=ission shall incorporate the sate in the Code. 15 16 SECTION 4. If any provisions of this act or the application thereof tc • ,..,• 17 any person or circa stance is held invalid, the invalidity shsll not affect ••• 18 other provisions or applications of the act which car. be given effect without I 19 the invalid provisions or application, and to this end the provisions of this • 20 act are declared to be severable. I • 21 22 SECTION 5. All laws and parts of laws in conflict with this act are 23 hereby repealed. •24 25 SECTION 6. Etergency. It is hereby found and detertined by the 26 Seventy -Ninth Ceneral Assecbly of the State of Arkansas that the well-being of the Arkansas' craft workers are unnecessarily exposed to e hazards of trench 23 excavation and the ±.mediate passage of this act is necessarj in order to 29 protect the health and safety of the Arkansas worker. Therefore, an eeerszcc 30 is hereby declared to exist, and this act being necessary for the '—edzate 31 preservation of the publ'_c peace, health, and safety, shahl be in full force 32 and ef:ect froc and a:ter its passage and approval. {\�33 RI Senator Keet 34 (pni 35 OOVERN.&i i 0i I I I I I I I. I I I I, I I I I I I T1ON.AL LTH Overview Subpart P Excavations I?'_6 Sub C3p A:iDaC <J=i P -I. What an the most iequcndy cued sreus • 29 CFR 1926.651 (1)(2) was de!eted by 59 FR 4C 3G, Excavat or. violation? (Ja :uay 1. 1990 to dated August 9, 1994 (publication of tiro! ..-aic Sr - April 1, 1996) }.(of Part 1926 (Fall Prctec:;on)). 29 CFR 1926.652(a)(I) (Protections. Excavacicns) .65ICc)(1) (Inspections) .651G)(2) (Loose Rock/Soil) .651(cX2) (Means of Egress) • .651(d) (Vehicular Traffic) • .6S1(lc)(2) (Inspections) .651(h)(1) (Water Accumulation) .65IQ(I) (Loose Rock/Soil) .651(1X2) •(W alkwayslGuardrails) .651(c) (Falling Loads) .651(1)(3) (Adjacent Structures) .651 (1X1)'(Walkways/Guardrails) .652(b) (Sloping/Betching Systems) .651((I)(1)(Adjaceat Structures) .652(c) (Design/Protective Systems) .652(g)(2) (Shield Systems Requirements) .652(g)(l) (Shield Systcns/Ocneal) .651(b)(4) (Underground Installations) .651(gXl) (Hazardous Atmospheres) .651(a) (SurfaceEncumbrances) .652(a)(2) (Protective Systems) P-2. What are Some eft—Ci+e eect.^I __,c -_s &'. can used fcr the sc^cus haza.t discsscd F I7 A. The cen:ce:ent pet.on should de+eteo a check list eat_mera`g the ix -s Iisted in P-1 and use the Is: to id -f, and cornet unsafe cr ethCaithy conditions that cat on a particular worksite. B. All excavations including tmaches must be shared or sloped that are 5 feet (1.52 m) in depth, or greater (1926.652). For cccavaticns less than 5 feet (1.52 m) in depth, the eampc:e.=.C pc.,on examines the excavation for pct_ tial cave•i. hazatls and makes a dc:c.=.i^aecn if protection is needed (1926.652 (a)(1))• •M P-1 I 1J OCCUPATfNAL SAFETY AND HEALTH 1926 Subpart P REGULATIONS AND PRO ZDURES 1926 Subpart P - Excavations AUTHORITY: Sec. 107, Contract Worker Hoerr; acd Safety Standards Act (Cors,.-uctien Safe Act) (40 U.S.C. 333); Sets. 4, 6, 3, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12.71 (36 FR 8754), 8-76 (41 FR 25059). 9-83 (43 FR 35736), Cr 1-90 (55 FR 9033), as applicable. Section 1926.65' also issued under 29 CFR Part 1911. SOURCE: 54 FR 45959, Oct 31, 1989, unless otherwise noted. [59 FR 40730, Aug. 9, 1994] 1926.650 - Scope, Application, an d Definitions Applicable to this Subpart. (a) Scope and appllcatiote This subpart applies to all opct excavations made in the earth's surface. Excavations arc defined to include trenches. (b) Definitions applicable to this subpart Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered profession al engineer. Afunrinum Hydraulic Shoring means a pr_-eaginecrd shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in ccrjt_^tc cn with vertical rails (uprights) or horzonca! rails (wales). Such systen is designed speciEcally to support the sidewalls of an excavation and prevent cave -its. Bell-bor:om pier hole means a type of s aft or fcocng excavaicn, the bercm of which Ls made larger that the cross s ctior above to form a hexed shape. Benching (Betchirg s; stem) means a 4.C,:.c' of protecting emp!ovees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels cr stets, usually w4 ..e yea. Cr scar -vet tai surfaces betas leveis- Cc;e-in mCafls the separutica Cf d a5S Oi So L or Eck rr.ace sal feet the side clan excavation, or tr loss of sail frozn tinder a trench shield"cr supcort s;Sem. and its sudden movenent into the excavation, eithc by falling or sliding, in suf icient quantir; so that it could entrap, bury, or other wise injure and irnmobili?e a person. Conrpete rtperson meats ace who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are ursmitary, luzardous, or dangerous to cploycer, and who has ' authorization to take prompt corrective measures to eliminate them. Goss braces meats the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales Excavation means any man-made Cut, cavity, trench, or depression in an earth surface, formed by earth removal Faces or sides means the vertical or inclined earth surfaces forted as a result of excavation woes. Failure means the breakage, displacemetL cr permanent deformation of a smictual member or connection so as to reduce its sti—ucural integrity and its supportive capabilities. Hazardous atmosphere mcats a.: ac..osphere which by reason of being explosive, fla.^..mabic, pOSCaOus, corrosive, oxidizing, ir—.,tati^.g, oxygen deficient, toxic, or otherri c harem 1, may cause den•± , illness, or injury. X.rrkout mcs the accidcatai r_t.• • ccfail'.e cf a cross brace. a I I I I I I I I I I I P-2 I L I OCCUPATIONAL SAFETY AND HEALTH -.1926.650(b) REGULATIONS AND rnoCEDt:R=s I 1 I I I I LI I, Proeemves}1tem means a method of protecting cployces &ors cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent sructurs. Prctec:ivc systems irdude support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or woc& Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a 'registered professional engineer" within the meaning of this standani when approving designs for manufactured protective systems' or 'tabulated datato be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield systenh) means a structure that is able to withstand the torus imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job -built in accordance with 1926.652(c)(3) or (cX4). Shields used in trenches arc usually referred to as trench boxes' or 'trench shields' Shoring (Shoring systenr) means a structure such as a metal hydraulic. mechanical or timber shoring system that suppors the sides of an excavation and which is designed to prevent cave-ins. Sides. Sc: -Faees.- Sloping (Sloping system.) mersns a method of I protecting employees from cave-ins by excavating to form sides of an excavation that are inclined awry from.. the excavation so as Co prevent cave-ins. The angle of incline required to prevent a cave-in varies with differnc in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock means recur a! Stud mineral rz:tc:ia! that Can be excavated with vertical sides and wti! remain intact while exposed Unstable .rock is considered to be sable when the rcck material on the side or sides of the cxcavacicn is secured against caving -in or movectent by rcck bolts or by another protective system that has been designed by a registered professional engineer. Struthual ramp means a ramp built of s:eet or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning. bracing; or shoring; which provides support to an. adjacent .structure, underground installation, or the sides of an excavation. Tabulated data means tables and chars approved by a registered professional eagi: cer and used to design and construct a protective systc:—AL Trench (Trench excavation) means a nazrow excavation (m relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet.(4.6 n). If forms or otherstucturtts arc installed or constructed in an excavation ss as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measurd at the bottom of the excavation), the excavation is also considered to be a trench. Trench bone See Shield." Trench shield See'Shicid.' Uprights means the vertical members of a tmnch shoring system placed in contact with the casth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members arm closely spaced, in contact wit:, or in:e conneeted to each CLh.., are eft a called .shec:ing.- IVales scans horizontal remixes of a shoring P-3 1 I I OCCUPATIONAL S.IFETY AND 1IAS.TH 19226.650(bl - - .. - Ricn :oN'S A.Y3 PROC°EDUR s system placed parale! to the cxcava5en face wbesc ern bear against the vertical me:nbc:., of the sborh.g system or earl 1926.651 - General Requirements. (a) Surface encumbrances. All surface ecurnbrarees that arc located so as to crate a hazard to cpployccs shall be* removed or supported, as ecessary, to safeguard employes. (b) (c) Underground installations. (1) The estimated location of utility installations, such as sewer, telephone, fuel, .!.cure, water lines, or any other underground installations that reasonably may be expected to be ccotated during excavation work, shall be determined prior to opening an excavation - (2) Utility companies or owners shall be c r.tactd within established or customary local response times, advised of the proposed work and asked to establish the location of the utility underground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate L"idcgrotxd utility installations within 24 hours (unless a longer period is required by state or local law), or nnot establish the exact location cf these iustaladons,the caployr may proceed, providd the ernploye does so with caution. and provided detection equipment or other acceptable means to locate utility installations are used. (3) Whc aavaticr. epc.Llers approach the csi,:.atd location of a^dcground irsral!adcrs, the exact location of the i^sta!larors s^.all be detc-^..:d by safe and acceptable means. (4) While the excavation is open, w^.dc ound istallaticrs shall be protected, st.•pperd or removed as necessary to sckguax employes. .1 ccess and egress - P-.i (I) Strucura/ramps. (i) Structural razes that a:c uzzd scic r by ccp!ovcc as a cc: s of sec z or egress L -c excavations -" be desig d by a comnc: tt pe-ccc. Structural re.:.pst.sd for .aces or ct of equipment shall be desired by accmpetctpc:nrnq,t; dtrc'.:.n! design, and shall be eons ..:c:ed in accordance with the desiL (II) Ramps and r`ways conscuc:d of two or mare sr'uc=al me b s shall have the st ucunl members cone ed together to prevent displaccet. (sir) .Stn cuual membe s usd for ramps and. runways shall be of uri crm thickness (iv) Cleats or other appropriate meats used to connect runway structural members shall be attached to the bottom • of the runway or shal be attachd is a manner to prevent tripping. (v) Structural ray ps used in lc_ of steps shall be provided with clear$ or other gathcc teanaenu o the too seafarer to prevent slipping. (2) Means of egress from trench esravaians. A stairway, ladder, ramp or other safe means of cgrss shall be located in twch excavations that are 4 feet (1.22 m) or mere in depth so as to require to more than 25 feet (7.62 m) of lateral ravel for employees. (d) Exposure to vehicular trafft Employees ' exposed to public vehicular traf is shall be provided with, and shall wear, war,±^.g vests or other suitable gar —.tents rza.?xd with or made of .=.^.rich zed or high -visibility material. (c) Exposure to falling loads. No t^plcyee shall be permird underneath leads handled by kftr.g or digging equiprncnt. Employees shall be rt;ufred to sand awn from any vehicle being loaded or un!odcd to avoid bcng suck by any spillage or falling I I OCCUTATIONAL SAFETY AND HEALTH 1926.651(&) RZCUta:ION5 AND ?RCC 2WUi n atcals Operatorsmay remain in the cabs of vehicle being loaded or unloaded when the vchic!es ' arc equipped, is accordance with 1926.601(b)(6). to provide adequate protection for the operator during loading and unloading operations. (f) Warning rysrem for mobile equipment What mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the oeeater does net have a clear and direct view of the edge of the excavation, a wanting system shall be utilized such as bacicades, hand or mechanical signals, or stop logs. If ' possible, the grade should be away from the excavation. (g) Hazardous abnosph errs - (I) Testing and conb-oli. In addition to the requirenens set forth in subparts D and E of this part (29 CFR 1926.50 - 1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requiremcots shall apply: (i) Where oxygen dchcircy (atmospheres C ntauriag less than 193 percent oxygen) or a hazardous atmosphc_ easy or could reasonably be expected to exist, such as in excavations 1 in landfill arras or excavations in arcs where hazardous substances arc stored nearby, the ataosphrees in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be • taken to prevent employee exposure to atmospheres containing Less than 19.5 percent oxygen and other hazardous aetesphres. These precautions include providing proper respiratory protect:en cc vctilaticn in accor'.=nce with subparts D and E of this part rz a tivciy. (iii) Adequate pr... -uticn shall be taken such as providing ventilation, to pr.:nt employee exposure to an atmosphc:e containing a cefce.L-3Eca of a flammable gas ii. excess of 20 �......... I,. the lower t: a.^=able L , : of the gis. (iv) wit.... wn7ols arc used that a:: intended to reduce the laveof atmospheric reran::: macs to ace ; tah:c levels, testing shall be carducted as c=e as necessat? to cst-e that the atmosphere:emai; s (2) Emergency rescue equipment Q) Erner racy races eytipmnC such as breathing apoarattu, a safecl harness and line, or a basket see::cep, shall 'ce readily available where hazardous atmospheric eccditions exist or may iesnably be nested to develop during work in an excavation. This equipm zt 'shall be attended when in use. (u) Employees entering bail -bottom pier holes, or other similar deep and confined footing excavations, shall wear a harites with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all tires while the employee wearng the lifeline is in the excavation. (b) Protetazon front hazards associated ,,r≥h ivc:er accuntuladon. (1) Employees sha!l not work in excavations in which there is acctL-nulaced water, cr in excavations in which water is acctmuladnz, unless adequate precautions have been taken to protect employees against the hams cased by watraccumulation. The precautions ncc:scary to protect employees adequately vary with each situation, but could include special sucFcr cr shield systems to protect from cave -its, water removal to cons of the level of sec_ luting water, or use of a safety harness and lift!_ e. (2) If water is cenuolled or c,_ve:aed leer accumulating by the use of water r:-e',a'• equipment, the Ovater removal equipment and I P-5 I I OCCUPATIONAL SAFETY ANT HEALTH 19'_6.6s1(h)l') I RZGULtT IOrt5 AND PgCCZDURZS operations shall be monitored by a ccmpctcct is provided to, protect e--nplcyccs Leon the person to maestro proper epera'c r. possible collapse of such tit true= (3) If excavation work intorr pus the tau --al (I) Protection of employees front loose rock or drainage of surface water (such as s: ms), soiL diversion ditches, dikes, or other suitable mcins shall be used to prevent su=ac: water from (1) Adequate prctectior shall be provided to entering the cccavation and to prmvide add-ua:e protect employe z from loose rock or soil that drainage of the area adjacent to the cxcav_tio.rt could pose a haurd by falling or toiling from en Excavations subject to runoff from heavy [air's cccavat:ca face- Such protection shall consist of will require an inspection by a compc:c.nt scaling to remove loose mateial; installation of person and compliance with paragraphs (h)(l) protective barricades at intervals as nccssary and (h)(2) of this section. on the face to stop and contain falling material; . or other means that provide equivalent (t) Stability of adjacent structures- protection. 1 (1) Where the Stability of a4ioLinling buildings, (2) Employees shall be .protected from walls, or other structures is endangered by excavated or other mateials or equipment that excavation operations, support systems such as could posea hazard by falling or rolling into • shoring, bracing, or.undcrpicning shall be excavations. Protection shall be provided by provided to . enure . the stability of such placing and keeping such materials or structures for the protection of employees. . equipment at least 2 feet (.61 m) from the edge of excavadocs, orby the use of retaining devices (2) Excavation below the level of the base or that are sufficient to prevent materials or footing of any foundation or rehiring wall that equipment from filling. or . rolling - into could be reasonably expected to pose a hazard excavations, or by a combination of both if to employees shall not be pc. -mined except necessary. when: (k) lnspedans. () A support system, such as underpirting, is provided to crsur: the (1) Daily irspectioas of excavations, the safety of employees and the stability of adjacent areas, and protective systems shall be• the structure; or made by a competent person for evidence of a situation that could result in possible cave-ins, (u) The excavation is in stable rock-, or indications of failure of protective systems, hazardous atmospheres, or other hazardous (tie) A registered professions! eagir.e:r cocditiens. An inspection shall be conducted by has approved the determination that the the competent person prior to the start of work structurc is sufficiently removed from the and as needed throughout the shift Inspe_uons excavation so as to be u wfcc:cd by the shall alit be made after eve y rainstorm or other excavation activity; or hazard inctasing o ...dice. Taes: instc_aens are only required when employe: ea_osurt can (iv) A registered professional engineer be reasonably anticipated. has approved the determination that such excavation work will not pose a hazard to (2) Where the competent pecan • finds employees. evidence of a situation that could result in a possible cave-in, indications of fait_ of (3) Sidewalks, pavements and appu-rcrar-t protective systems, hazardous atmoS;hers, or structure shall rot be undermined unless a otherhaz.tdous conditions, ecposcd employees support system or another method of prot«:ien shall be removed from the hazardous area until P-6 I I I, OCCLTATIOYALSAFETY ANT HEALTH 1926;6:lfa(?1 RECCL.tTiONS AND? CCzDi; :?5 the eecessary precautions have been taken to ensure their safety.. _ (1) Fall protecrton. (1) Walkways shall be provided where employers or . equipment ate required or � permitted to toss over excavations. Gurardrails which comply with 1926302(o) shall be provided where walkways axt 6 feet (1.3 m) or ' more above lower levels. (2) Adequate barrier physical protection shall ' be provided at all remotely located excavations. All wells, pits. shafts, etc., shall be barricaded or covered. Upon completion of exploration and other similar operations, temporary wells, pits. • shafts, etc., shall be balled. (54 FR 45959, Oct 31. 1989, as amended by 59 FR 40730. Aug 9, 1994] 1926.652 - Requirements for Protectiv e Systems. (a) Protection ofenrployees in excavations. (1) Each employee in an excavation shall be protected front cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when: • (i) Excavations are made er,tire!y in stable rock, or ' (ii) Excavations am less than 5 feet (1.52 m) in depth and examination of the ' ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that arc Luended or could reasonably be expec:ed to be applied or transmitted to the system. ' (b) Daygn of sloping and benching systems. The slopes and ecnfguratiors of slcci.z a:' br..c:-:rg systeas shall be selected and car. �_ctcd by t.`.e employer or his designee ands :all ba -. - -- . with the requirements of pararach ()O; Cr. b tine alternative, paragraph (0)(2); cr, in the aiter..a::ve, paragraph (b)(3); or, in the ahe-ative, peragaph (b)(4). as follows: (I) Option (1)-Ailo,vcble cancga-cons and slopes. (I) Excavations shall be sicocd at an angle not steeper than one and or:hcu horizontal to one vertical (34 degrees measutedhcm the horizontal). unless the employer uses one of the other ccdcrs listed below. n(i,i) specified lopes inparaegraph `.�)(1X,) of this seetiClt shall be ecatvated to form configurations that are in accordance with the slopes shown for Type C sail in AppendLC B to this subpart . (2) Option (2) - DerernrLration of dopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systeias, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart. (3) Option (3) - Designs using other tabulated data. (1) Designs of sloping cr bc-ching systems shall be selected f= rd in accordance with tabulat:d data, such as tables and cars. (i) The tabulated data s:.ail be in written form and shall include all of :;.e following: (A) IdentL9ction of tic pararncters that affect e selcctien of a sloping Cr bcnca_ g V-Vem drawrt from such date; p.7 1 I OCCUPATIONALSAFETYANDHEALTH _ 1726.65?(bl(bliiirB1 REGULATIONS AND PROCEDCR;S • (B) Ide;titicaticn cf the limits of use of the data, to ir.c!ude the magnitude and cx.5g._-atior, cf slopes detc:,.ined to be safe; (C) Exclanator+ L-!or.-tuion as may be rt csar+ to aid the use: in making a cosec: sc!ec:ion c: a protective system from the data. Qi) At least one copy of the tabulated data which identifies sire registered professional engineer who aoprcvcd the data, shall be maintained at the jobsttc during construction of the prote^_ttvc systen. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request (4) Option (4) - Design by a registered professional engineer. (1) Sloping and benching systems not utilizing Option (1) or Option (2) or .Option (3) under paragraph (b) of this section shall be approved by a re3isterd professional engineer. Cc) Designs shall be in written form and shall include at least the following: (A) The mav%irude of the slopes that were determined to be safe for the particular project; (B) The corIg' atiors that were determined to be sic for the particular project; (C) The idol;+ of the registered professional engineer approving the design. (iii) At leas: one copy c the design shall be maintained at the iobr,:e whiles the slope is being corsLuc:cd. A:: that time the design need not be :t the jobsite, but a copy shall be made available to the Secretary upon rcqucs;. P.S (c) Deign ofsupport sysunts, sh ie&sysems, and othe,-pratec•:ive systenhs. Designs of supecr, r:se-s shit d r/.4-emsand other protective systers sh 1! be sc!ecncd and ccrsL-uc:w by the cmcloycr C. his desi'— =c and s-3!1 be i:. accordance with the rcquir�.:ctscfparagraph(c)(1); or, in the alter a:ivc, paragraph (c)(2); or, in the alternative, paragraph (c;(3); or, i the alternative, paragraph (c)(4) as follows: (I) Option (1) - Designs using appendices A, C and D. Designs for timber, she�g in t.tnc=es shall be detcmined in accrdance with the conditions and requirements set forth in appctdiccs A and C to this subpart Dengrs for alumintan hydraulic storing shall be in accordance with paragraph (cX2) of this section, but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2) - Designs Using ,Manufacturer's Tabulated Data. n Design of support systems, shield systems, or other protective systcas that are drawn from manufactures tabulated data shall be in accordance with all spccifictions, recommendations, and. limitations issued or made by the manufacturer. I I I (i) Deviation from the specifications, recommendations, and limitations issued or made by the manufacture shall only be allowed after the manufacturer issues secailic written approval. (ii) Manufactur=.'s specifications, r -commendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during eonsttntction of the protective system After that tilt this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon ~quest (3) Oprior. (3) - Designs using other tabulated data. I I I I. Li I I OCCIIPATIONALSAFETYAI IdFALTH c1926.6=222)(3)fi) . PVCU11.: iCNS ,1.ti"D PCCCEDt:R-S (0 Deri its ofd ppeR ryres, sh e!d sfs:=s or other protective syres shall be selected from and be in accerdancc with tabulated data, such as tables and charts. (u) The tabulated data shall be in wtirca fount and include all of the following: (A) Identification of the parameter that affect the selection of a protective systct drawn from such data; (B) Identification of the limits of rise of the data; (C) Explanatory information as 1 may be necesaryto aid the use in malting a correct selection of a ptotaeetive system from the data. (ii!) 'At least one copy of the tabulatd data : which idctifies the rgistcrd professional engineer who Approved the • data, shall be maintained at the jobsite during eoostnietion of the protccdve system At that time the data may be stored off theIjobsite, but a copy of the data shall be made available to the Secretary upon request. (4) Option (4) - Design by a registered professional engineer. ' (i) Support systems, shield sys:rs, and other protective systems not udlizrig Option 1, Option 2 or Option 3. above, shall be approved by a rgistrtd professional enguiec_.. (H) Designs shall be in written, form and shall include the fallowing: (A) A plan, indicating the sizes, types, and cor 1gt:tiors of the materials to be used ui the protective system; and (B)" inc •idcnti*f Cf .hc rgi cod pro (cc Cr.a_t e:.ccr approving the dcsig= Ciir) At Iris, erne ccoy of t::c tics:__ shall be maintained at the jcbsi:c tree.- ecnrtr.ictcn cf the crotec'Lve rlste-. AP= that time, the design r -ay be stared off the jobsite, but a cocv of the teeny shall be made available to the Se-cta.1 upon request. (d) Materials and equipment (1) • Materials and equipment used for protective systems shall be free from d+_age or defects that might impair their prcper P:nc Ica. (2) Manufactured materials and ccuipmc :t used for protective systems shall be used end maintained in a ma :nc that is consistent with the recommedatiors of the manufacrarer, and in a maznc that will prvct employee ctposur to hazards. -- (3) Whca material or en:ipmet that is used forproteetive systems is damaged, a competent person shall canine the material or equipment and evaluate its suitability for continued use. if the compCct person cannot assur the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipmct shall be removed from service, and shzU be evaluated and approved by a registered professional cgincc before being rc med to service. (e) Installation and removal of support - (1) GeneraL 0) Metier of ruppor, r; s:e.—s s :alt be sec•'t!y eornc.'ed •tog__ err to prey.: sliding, falii.g, k ckcuts, or other predictable failure. i Scppert s: stems shall be jr-stalled and rr,iovcd in a ,:.aaantr that protects employes from cave -its, st-ucft. collapses, or Inane being struck by I P-9 I [I OCCUPATIONAL SAFETY A.^Nt HEALTh 1926.652(c) (1)(ui) . '- • .. RECUraTIONSAND PROCEDURES mcabc of the r:ppor. sus_. (w) Individual mcm'ccs of succcrt systems shall not be subjc_;cd to loads exceeding those which those ccnbc were designed to withstand. (iv) Before temporary .oval of individual members begins. additiocal precautions shall be taken to etsire the safety of employees, such as installing other sttctural members to carry the loads imposed on the support sjstcm. (v) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be rtleased slowly so as to note any indication of possible failure of the rem iaiag members of the structure or. pcssfole cave-in of the sides of the acavadon. (n) Bacldilling shall progress together with the removal of support systems from excavations (2) Additional requirements for support systems for trench acavadons. (I) . Excavation of material to a level no greater than 2 feed (.61 m) below the bottom of the members of a support system shall be permittd, but only if the system is designed to resist the forces calculated for the full depth of the trcneh, and them aro no indications while the trench is open of a possible lo s of soil from behind or below the bottom of the support system. (i) Installation of a sucport system shall be closely c crdinated with the excavation of trenches. (t) Siopinfand benching systems. E.tplove s shall net be period to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower leve!s a= adcyutely protec:d from the hazard of falling, rohlinz, or sliding material or equipment (g) Sh eM systentr - I (1) General (I) Shield systems s= cat be , subjected to leads exccding those which the system was desizned to w Asa; L (d) Shields shall be- installed in a manner to restrict lateral or other hazardous movcmett of the shield t : the event of the application of sudden lateral loads. CUD Employees shall be proceed from the hazard of cave-ins when eteing or exiting the az-as protected by shields. (iv) Employees shall act be allowed in shields whet shields an being installed, • rc sOved, or movd vertically. •c) . A&iidonal requirement for shield systems . used' fn trench exeavctons. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be petmitaed, but only if the shied is designed to resist the forces calculated for the full depth of the a-nch, and the- an no indications while the trench is open of a possible lc ss of soil from behind or below the bottom of the shield I H I 1 I P-10 f l I I GCCUPATTONALSAFETY AND HEALTH 1926 Subpart P App A R2CTiONS AND ?RCCZDLR2S U I PI C I I fl II I I I I 1926 Subpart P App A -Soil Classification (a) Scope and application - (1) Scope. This appendix describes a method of classifying sold and rock deposits based on site and environmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth requirenetts, and describes acceptable visual and manual tests for use in classifying soils. • (2) App5cation This appendix applies when • a sloping or benching system is designed in accordance with the requirements set forth in 1926.652(b)(2) as a method of protection for employees from cave-ins .This appendix ails applies when timber shoring for excavations is designed as a method of protecion from cave-ins in accordance with appendix C to subpart P of part 1926, and when ahznhum hydraulic shoring is designed in accordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set forth in 1926.652(c), and the use of the data. is predicated on the use of the soil classification system set forth in this appendix. (b) Defucidons The definitions and examples given below acs based on, in whole or in part the following•, American Society for Testing Materials (ASTM) Standards D653.85 and 02488; The Unified Soils Classification System; The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS -121. Cemented soil means a soil in which the particles arc held together by a chemical agent, such as calcium carbonate, such that a hand -size sample cannot be crushed into powder or individual soil particles by lrger pressure. Colrerive soil means clay (fine grained soil), Cr soil with a high clay eontcrtr, which has colieske strength. Cohesive soil do cs not crumble, can be excavated with vertical sidcslopc, and is plastic when moist Cohesive soil is ha --d :o 'creak up when ; , -' and exhibits $ rui:Can cohesion when subr•.eg-d. Cohesive scis �.c;:de clayey silt, sandy clay, siicy clay, clay and orE-:.;o oiay. Drysoi,—„cr.s soil that does net exztic t Y C. -...I signs ofmoisture tort^t Fissured means a soil material that has a tendency to break alcr.g deftrite planes of fracc_r: little resistance, or a material that ex ibis eccn cracks, such as tension cracks, iy an exposed srface. Granular soil means gravel, sand, or silt (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some mcist g-anula- soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more disc:!y different soil or rock . types arranged in laye s Micaceous seams or weakened planes in rock or shale are considered layered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small dia_^ cte threads before crumbling. Moist granular soil that contains some cohesive material will exhibit sirs of cohesion between particles. Plastic means a property of a soil which allows the soil m be deformed or molded without cocking. or appreciable volume change. Saturated soil means a soil in which the voids arc filled with water. Sawrarrarnoei not require flow. Satvrahcn, cc near saturation, is necessary for the proper use of instruments such as a pocket pens cr,.cter:.. orsheer vane. Soil classfrcation system means. for t4: purpose of this subpart, a method of cate;oriz rig soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B. and Type C, in decr-asing ord:r of stability. The eategcrf:s are d-te.;,•ircd b:.scd Ca :.rt analysis of the procenics and corer-anct chant :&sots of the dCcsrts and the ch..-:Ctcr StioS Cc I P-11 I I OCCUiPATIO•.NALSAFETYAND1-[EALTH - • 19^_6Subo.JaCrtPAn♦oAa RZCJL&TiONS AYD [ SCDLT'W�1 the dcpposiL3 and the nvironmental conditions of Stable rock means natural solid pineal matter that can be excavated with vertical sides and intact while exposed. Submerged soil scrs soil which is undr. aerie: or is fsc` seeping. Type A means cohesive soils with az imp teed, compressive sceagth of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loan - Cemcted soils such as caliche and hardpan are also coesidered Type A. However, no soil is Type A if: (7 . The soil is • ; or (u) . The soil is subject to vibration from heavy traffic, pile driving, or similar effects, or @) The soil has been previously disturbed; (iv) The soil is part of a sloped, laycd system what the layers dip into the excavation on a slope of four horizontal to one vertical (4H:1 V) or grtatc , or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B nears (i) Cohesive soil with an uncccfmd compressive s ctgth greater than 0.5 tsf (43 kFa) but less than 1.5 tsf (144 k&a); or (i) Grnular- cohcsonless soils ircludi≥ng: angular ravel (sirttdar to cr sacs. rock), silt, silt loam, sandy loam and. L•t some cases, silty clay loam acrd sandy clay loam. (tin) Previously disturbed soils except those which would otherwise be classed as Type C soil. (iv) Sou that ..:mccu the uncccfne 1 ccmpr4ivc sttzgh or ccczatica requirements for Type A, but is fst cr subject to vibnticc or (v) Dry rock that iscot sab!c; or (vi) Material that is part of a sloped, la•; d 1 sysem where the Errors dip into the ccavaticrt on a scope less steep than four horizcn:al to cc vc tcal (4H:I V), but only if the mate's! would otherwise be classi`ud as Type B. Type C meatts (1) Cohesive soil with an ucccefmd compressive strogth of 0.5 tsf (43 kPa) Cr !:s; , or • (u) Grarailarsotls including gravel, S%"d, and loamy sand, or' .(w) Submcged soil cisoil firm which water is f=ly seeping; or (iv) Subme:gd rock that is not stable, or (v) Material in a ilopd, layered system where the layers dip into the eccayation or a slope of four horizontal to one vertical (4H.1 V) or steeper. Unconfined corrtprersive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb penetration tests, and other methods. Wet soil means soil that center:.^s s5:_`:er.tly more moisture than moist soil, but in such a rang: of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose these cohesive prtperties wt-.er. wet. (c) Requirements - (1) Clans jreanon of soil and rock deposis. P-12 1 I [1 OCCUPATIONAL SAFETY AND HEALTH 19?G Subnzrt ?aanA . - RECULA: IONSAYD CRCCEDCRES Each soil and rock deposit shall be clasifed by a eompetctt person as Stable Rock, Type A. Type B. or Type C in accordance with the ' definitions set forth in paragraph (b) of this appendix. (2) Bcrirofclassifwer.'on. The cIassifcaticrt of the deposits shall be made based on the results of at least one visual and at least cr.c manual analysis. Such analyses shall be • conducted by a competent person using tests • described in paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification ry (3) Vtrualand manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this • appendix, shall be designed and conduce' to provide sufficient qu xuitative and qualitative • information as may be necessary to identify ' properly the properties, factors, and conditions affecting the classification of the deposits. ' (4) Lsyeedcystener. In a layered sysen, the syxe:n shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable lava lies under a less stable l ayer. (5) Reciassfcadon. If, after classifying a ' deposit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be reclassified as necessary to reflect the changed circumstances. (d) Acceptable visual and nranurl tests. - ' (1) kt ualre= Visual analysis is conduced to deter :,tine qualitative information regarding the excavation site in general, the soil adjacent ' to the excavation, the soil fonirg the tides of the open excavation, and the soil to ea as samples from excavated rnataial. ' C) Observe sompics of soil that are excavated and scil in the siides of the eccavaiica rxrate the ;a .gc et p_c sizes and the r_iativc e oe-ts of particle sizes. Soil that is pr composed of five -grained mat -=a! material is cohesive materal. Soil composed pr zarily of coa*.e•gra ed sand or gravel is granular mater.'al. (ii) Observe soil as it is cxcava _a Soil that re.nairis La dune=s y:.'.e:. excavated is cohesive Soil that br tali co easily and dccs not stay iz c!u-tcs is granular. (ii) Observe the side of the occ:,ed excavation and the surface area adjacent to the excavation. Crack -tike occti.^gs such as tension cracks could izdica:e fissured matcriaL If chucks of soil spall off a vertical side, the soil could be frssurtd-' Small spalls arc evidence of moving ground and are indicaticrs of potentially hazardous situations. (iv) Observe the area adjacent to the excavation and the excavadcn itself for evidence of crsing utiliry and other underground structures, and to ide :ti. y previously disturbed soil. (v) Observed the opened side of the excavation to identify layered syste^s. Examine layered systems to idatit'y if the layers slope toward the ctcavaticn. Estimate the degree of slope of the layers (vi) Observe the area adjacent to the excavation and the sides of the opened c cavation for evidcee of surface water, water sccping from the sides cf the excavation, or the locatian of the !e•:cof the water table. (vii) Observe the art: adjacent to the excavation and the area within the exavat•=n for sources of v!b at �c tract may affect the stability of the sa::a:ior, face. P-13 I I 1 OCCUPATIONALSAFETYAND HEALTH 1926 SubnartP Anp A REGULATIONS A.YD ?ROCEDURES (2) Manual tests. Manual analysis of ri! " pressure. This test: should be corducred samples is conducted to dctcminc quar.titativc on an undisturbed soil sample, such as a as well as qualitative properties of soil and to large clump of spoil, as soon as provide more information in order to class,:; practicable after excavation to keep to a soil properly. nir±nurn the c:Tccs of exros c to drying infur..ccs. If the excavation is (r) Plasticity. Mold a most Cr we: later exposed to wetting iniiuc .cs (rain. sample of soil into a ball and ancnet to flooding), the classification of the sett roll it into threads as thin as list-i: ci c. must be changed accordingly. diameter. Cohesive material can be succ.-ssfullr rolled into thads without - (iv) Other strength tests. Estimates of crumbling. For example, if at least a two unconfined compressive strcgth of soils inch (50 mm) length of I/S-inch thread can also be obtained by use of a pocket can be held on one end without tearing, peaetometercrby using a hand -operated the soil is cohesive. shearvane. (u) Drysrength. If the soil is dry and (v) Drying test The basic purpose of crumbles on its own or with moderate the drying test is to differentiate bctwr pressure into individual grains or fine cohesive material - with fisurs, powder, it is granular (any combination unfisured -cohesive material, and of gravel, sand, or silt). If the soil is dry granular mateial. The procedure for the and falls into dumps which break up into drying tat involves drying a sample of smaller clump; but the smaller clumps soil that is approximately one inch thick can only be broken up with difficulty. it (2.54 cm) and six inches (1524 an) in may be clay in any combination with diameter until its thoroughly dry: gravel, sand or silt. If the dry soil breaks . into clumps which do not break up into (A) if the sample develops mall clumps and which can only be cracks as it dries, significant broken with difficulty, and there is no fissures arc indicated visual indication the soil is fissured, the soil may be considered unfissured. (B) Samples that dry without Cracking are to be broken by hand. uu Thumb penetration. The thumb If considerable fore is neoessa y penetration test can be used to estimate to break a sample, the soil has the unconfined compressive strength of significant cohesive material cohesive soils. (This test is based on the content The soil can be classified thumb penetration test described in as an unfnssured cohesive material American Society for Testing and and the unconfined compressive Mate als (ASTM) Standard dsiwatiert strength should be detc tamed. D2438 - 'Standard Recommended Practice for Description of Soils (Visual (C) if a sample br-�ls easily by -Manual Pmcedur_).') Type A soils uvit:h hand, it is either a fissured art unconfined compressive sire g h of cohesive material or a gr_nula.- 1.5 tsf can be readily indented by the material. To distinguish between thumb; however, they can be pcnerated the two, pulverize the dried by the thumb only with very great effort clumps of the sample by hand or Type C soils with an u nccr=ined by sopping on then. kf the clumps compressive strength of 0.5 of c:.: be do not pulver2: easily, the easily penetrated several Irchcs by tltc material is cohesive with fissures. thumb, and can be moidcd by light tin;c If they puler, easily into vet P -la 1 I Li 0CCITPA'IZ0NALSAFETYA`rD1-EALTH 1926 SubpartPAnnB GUTIOtiS MD ?RCt_JL.: z sr..all fragments, the mate ial is A to subpar. 2 c: pa^ 1925. granular. (2) blaxirr::m c'!o,vc51e slccc The maximum allowable slope for a soil err r<k deposit shall be deter V m uicd froT acre B-1 of 1926 Subpart P App B - Sloping and this appendix Benching. (3) Adrralslopr. (2) Scope and application. This appendix contains (i) The ac^sal since shall act be ' specifications for sloping and benching when used as steeper than the ma.'drat_-a allowable methods of protecting employees working in slope. excavations from cave-ins. The requirements of this • appendix apply when the design of sloping and (u-) The ac::al since shall be less sty beaching protective systems is to be performed in than the zaaxim .:. allowablc slccc, when accordance with the requirements set forth in there are sig s of disc:—.ss. ff that s-.tuat:en 1926.652(b)(2). occurs, the slocc shall be cut back to a^t actual slope which is at least i. (b) Defnidons- horizontal to one vertical (1/2H:1 V) less steep than the z axirzun allowable store. •1 Actual slope means the slope to which an excavation face is excavated. (ii) When sureha-ge loads from stord material or equipment, eccrat:ng Distress means that the sod is in a condition equipment, or traffic are present, a ' where a cave-in is imminent or is likely to occts. Competent pe son shall detc...ine the Distress is evidenced by such phenomena as the degrr_ to which the ac sal sleee must be dee!opmcat of fiss: res in the face of or adjacent to as ' reduced below the ae^.-um allowable ' open excavation; the subsidence of the edge of an slope, azd shall assn= that such excavation; the slumping of matedal'from the face or reduction is achieved. Surcharge loads • the bulging or heaving of mate-ial from the bottom of from adjacent st uctu 5 .shall be an excavation; the spalling of material from the face of evaluated in acccrazce with ' Sc excavation; and ravelling. Le., small amounts of 1926.651(i). material such as pebbles or little clumps of material suddenly separttingfrom the face of an excavation and (4) Confrguradors. Cen5gurations of • ' trickling or mlling down into the excavation sloping and bcncting rlstems shall be in accordance will: Fi . B -I. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the ' most favorable site conditions as protection against cave-trs, and is expressed as the ratio of horizontal distance to vertical rise (r(: V). Short term exposure nears a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements - • (1) Soil c!ssfrar.'arc Soil and rock deposits sal be classified in accordance with sppcdix I P-15 OCCUPATIONAL SAFETY AND ITEAL1}1 1926 Subnart P App E ... ... RECUIaTIO$'S AND PROCEDURES TABLE B-1 MAXI>Tfl1 ALLOWABLE SLOPES .. SOIL OR ROCK Tt-2E I flAflMtflf .1-.AWA3.E SLOPES (3:V) (1) FOR £:CU'TZO::S LESS THAN 20 F=_. DEE2 (3 ) STABLE ROCX ( -RTZCAL (90 Deg.) TYPE A (2) 13/4:1 (53 Dec.) TYPE B . I 1:1 (45 Dec.) TYPE C I 1 1/2:1 (34 Deg.) Nisbers shown in parentheses next to -..v+-um allowable slopes are angYes expressed in degrees from the horizontal Angles have been rounded off. 2. A short -tern zmmxj-Cfl allowable slope of l/28:lV (63 decrees) is allowed in excavations in Type A soil that are 12 feed (3.67 m) or less in depth. Short -tern msv'^+-' allowable slopes for excavations greater than 12 feet (3.67 m).in depth shall be 3/4R:1V (53 degrees). 3. Sloping -or beaching for excavations greater than. 20 feet deep shall be .designed by a registered professional engineer. Figure B-1 Slone Corligurations (All Slopes stated below are in the horizontal to vctical ratio) B-1.1 Excavations trade in Type A soil 1. All si.uple slope excavation 20 f rt or less in depth shall have a na'dmurt allowable slope of 314:1. 1 1 1 1 I P-16 Ii I I I I I I I ii I I I I I OCCL'PATIONALSAFETYANDHEALTH 1926 SubnartPAnnE .. RZCULATICNS AND PRCCEDUR S 1 \20' Mex. SD LE SLOPE - GENERAL Exception Simple slope excavations which are open 24 hours or less (short tc.:--.) and which er: 12 f::: or loss in depth shall have a maximum allowable slope of 1f': I. 12'Max S ,MPLE SLOPE - SHORT TERM 2. All benched excavation 20 feet or less in depth shall have a maximum allowable slope of 3/4 to I a:.d ma:dmum bench dimensions as follows: I P-17 OCCL-PATIONAL SAFETY AIND FEALTH 1926 Subnart P Aon B RFCQLATIOt(S AND PROCEDUR`3 ' SL�L✓LE BcCr. O NL art Nt 4lC S .lti sit J 1 3/4 MUL'I-Pi LE BENCH 3. All activations 8 fcr less in depth which have ursuppertt vertically sided lows porticns shall have a n''dmum vertical side of 3 12 fecL 8' Max. 1 3� 3 1!2' I'4ex. UNSUPPORTED VERTICALLY SO LOWER PORTION -MAflIM8.t.ifl' !DET:-i All excavations more than S feet but noc n:crc than 12 feet in depth which unsuppored vertically sided lower per:oas shall have a mwcimum allowable slope of 1:1 and maximum vertical side of 3 12 feet 12' Nrwc 31/:':::.s. P-13 HI 7 OCCL-PATIONALSAPETYAIti'D HEALTH 1926 Subpar P Ann B t<ScurtTONS AND PsCC_DL u ' UNSUPPORTED VERTICALLY SIDED LOWZ PORTION - 2.LAMof `.I 12 zT Lti DEPTH ' All etcavatien 20 fee. or less in depth which have vocally sided lower porters that are s:ppercd Cr s:tic!ded :hall have a rna:e..uaa allowable scope of 3/4:1. The srppert or shield sate^ must exec .d at least IS inc :cs acev+e the top of the vertical side. Su000rt or shield system 20' Max. + 18"Min. ' Total height ofverticel side i ' SL-PPORTED OR S'r ;.t.DED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavatieas shall be in accordance with the other options permitted tinder see. 1926.652(b). B-1.2 Etccavatiors Made in Type B Soar ' 1. All simple slope excavations 20 feet or less in depth shall have a mi.•cL^.u: allable slope of 1:1. I ' SL%TLE SLOPE • 2. All beached excavations 20 fec: or less ir. depth shall have a tr:ixitt n z!!ab:c s!ccc cf i s ( a -.d maximum bcnch dimensions as follows: ' P 19 OCCLTATIONALSAFETY AND HE.-LLTH - 1926 SuboartP Aoo B • RZCUL\TICNS.L.T/?RCCTD RSS T'tic bench Allowed in cohastva soil only. 20 id ai l SLNGLE BENCH I- Ts bench s'lawsdin cohesive soil only a t Maz - 1 .__.. Me=. �' MULTPLEBENCH 3. All ctcavatlons 20 tee: or less in aep a wa1Ua uavc vu uc.�uy a+ucu ♦v w u 1 v& wu.a ...,....�• .•-•-•-^ -• supported to a height at least 18 inches above the top of the vetical side. All such excavations shall have a ctax:mt:m allowable slope of 1:1. Support or shield rjstenn 20• Ma=. f�\ I Total heiy t o_ veriest aide P-20 OCCOTATIONALSAFETY AND HPAL.TH 1926 Scbn.ar.PAnn B !' t✓r.c1..� tC:la A.\J[ M1. \l:-�1. f�\.'> VERTICALLY SD ED LOWS FORTIOt 4. All cthc sloped cxcavat'ors shall be in accordance with t c cthcr cpt:c is y'^t::'�.a tG i _�.�J?(J). B-13 Excavaders Made in Type C Sad I. All simple slope exeavacecs 20 (cc: Cr less in depth shall have a naaxL cn a!lr.cabie s!cpc cf 11/2:1. rMu SMPLE SLOPE 2. All e:ccavadon 20 feet or less in depth which have vertically sided lowr. poriors shalt be r._cid: or supported to a height at least IS inches above the too of the vertical side. All such cxcavaticcs shall have a mbraum allowable slope of 11R.' 1. Suppers cr: field system ' 20'.fitax r(ti 11/2 y 1 I ght of vee'ica! site �I. - Mc ' AL SIDED LOWER PORTION 3. All other sleecd excavation shall ce in accordance with the other options pe.-:it: is l9?6.652(0). ' B_I_e Excavation Made in Layered Soils I. All excavations 20 feet or less Lt depth made in layered soils stall have a ^ax twt allowable s!ccc for e. -c:4 layer as sc: forth be!ow. P-21 I ' OCCLYATIOClALSAFETYAINT1HEALTH 1926 Subpa PAnr)B R£C::IaTIONS em ?: OCSOU .ES I • 3/4 ROVER A 1 - !1 A Al 3/4 1 -- TTi! 1 r CO 1 P°_ OCCLZ'ATIOLSA�ETYA-Nt CALTH 1926 SubnartP Ant B REGULATIONS A_VD PROCEDURE≥ c � 1 �1 OV \ C 1 A, C � I 11/2 POyC 2. Al oLhcr s!eecd CNa•: c;dor.S S _'I c< i- acco:dcce wi;:.:.e oCx: notions ;.c.-: ;ed v: Is26.652(0). P-23 11 '7 OCCUPATIOtiALSAFETYAND HEALTH 19'6 Subpar. P AAnp ≤ RZCttl noONs AND NtccwurEs ' tdoulardat is pr-ser:ted in pea ape (c) e this 1926 Subpart P APP C - Timbe r appendix Shoring for Trenches. (t) Infpr..aticr. iih rratinz use cf ttie tabular does is pr escnted in pa a_ a: h (t) of th s appendix. '• (a) . Scope.Tnis appendix contains information that can be used when timber shoring is provided as a (5) Mixcilanrusca�nons:erg -dir4Tabies .nc,,hodofprotcction from cave-ins in trenches that do C -l.! through C-1.3 w..d Tables C -2.i thcugh not exceed 20 feet (6.1 m) in depth. This appendix C-2.3 are pr zenicd in pa:a�ach (g) c; this must be used when design of timber shoring protective Appendix systezas is to be performed in accordance with I926.652(c)(1). Other timber shoring cor.flguratiors; (d) Basis and limitatiors of the data. - • other systems of support such as hydraulic and presnatie systems, and other protective systems such (I) Dimensions oftimber members. as sloping, benching, shielding, and freeing systems ' must be desi5.cd in accordance with the requireneau (i) The s:..s of the timber me -.bets set forth in 1926.652(b) and 1926.652(c). listed in Tables C -1.I through C -l.) are taken from the National Bureau of (b) Soil Cfanifccadon. In order to use the data Standards (NES) rear•., -Ream. eded •' presented in this appendix, the soil type or types in Technical Provisions for Cocstructiert which the excavation is made must first be determined Practice in Shoring and Sloping of Cuing the soil classification method set forth in Trenchesand ExcavationsIn addition, appendix A of subpart P of this part where NBS did cot recommend spcciiic I. sizes of menbe-s, member sizes re (c) Presentation of Informa ion. Information is based on an analysis of the sizes required presented in several forms as follows for use by existing codes :and or. I. enpirca! practice. (1) Infennadon is presented in tabular form in Tables C -I.1, C-1.2 and C-1.3, and Tables (i) The requi-d d sac s prix of the' C-2.1, C-22 and C-2.7 following paragraph (g) members listed in Tables C-1.1 through of the appendix. Each table piesents the C-1.3 refer to actual dimcsiors and not minimum sizes of timber members to use in a nominal dimensions of the tiztcer. shoring system, and each table contains data Employers wanting to use ner.,.al s ze ' only for the particular soil type in which the shoring are directed to Tables C -2.l excavation arpartion of he excavation is made. through C-2.3, or have this choice under The data are arranged to allow the user the I926.652(c)(3), and are referred to The ' flexibility to select from among several Corps of enginccs, The Bureau of acceptable configurations of members based on Reclamation or data from ether varying the horizcntal spacing of the acceptable sources. cossbnca. Stable rock is exempt from shoring ' requirtaents and therefore, no data are (2) Limitation ofappEcacfon. presence+ for this condition. Q) It is not intended that the ti:.r. (2) [nfomtation concerning the basis of the shoring s:e_ ication apply to eve^/ tabular data and the limitations of the data is situation that may be ew crienccd in the prented in parngt•aph (d) of this appendix. and field. These data we``deveioped to apply on the tables thcnsc!vcs. to the situations that are most cpr..eca!y ' exccienced in curnt trenching prc::ct. (3) Information explaining the use of the Shoring systems for use in situaticns that P» I [1 OCCUPATIONALSAFETYA'IDHEALTH 192_6 Subpart PAnn C RZCULATIO,t S AND PROCEDCR.S are pct covered by the data in, this appendix must be designed assp<citicd in 1526.652(c). (U) When any of the fc[lcwi: g conditions are pr -sent, the menbc:t spccifted in the tables are not considered adequate. Either an alternate timber shoring system must be dcsig.^.ed Cr another type of protective system designed in accordance with 1926.652. (A) When loads imposed by s..-uct ups or by stored material adjacent to the trench weigh in excess of the load imposed by a two -foot soil surcharge. The term adjacent' as used here means the ara within a horizontal distance from the edge of the trench equal to the depth of the trench. (B) When vertical loads imposed on cross braces . exceed a 240 -pound gravity load distributed on a one -foot section of the accter of the eossbncc . (C) When'suehargc loads arc present from equipment weighing in excess of 20,CC0 pounds (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped orbenched unless: The sloped coriot is sloped at an angle less steep than three horizontal to one vertical; or the members arc selected from the tables for use at a depth which is detemind from the top of the overall tench, and not from the toe of the sloped portion. (c) Use of Tables. The membc s of the shoring system that are to be selected using this information art the cross braces. the uprights, and the wales, where wales are required. Minimum sizes of mer,tbers are scccifie't for use in different types of soil. Them are six tables of information.. two for each soil type. The soil type must first be determined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the mentc:z is then made. The selection is based or the depth and width of the trench where the mcmber> arc to 1c installed and, in most instancy the sc!ection is also based on the horizontal spacing of the c:nssbracs. , lnstaaces where a choice of horizontal spacing cf crossbnc rg is available, the horizontal spacing of the cessbracc mu be chosen by the user before the size of any member can be detrmined. When the soil type, the width and depth of the trcrc:^, and the horzontal spacing of the crossbraces arc known, the size and vertical spacing of the crossbraces are known, the size and vertical spacing of the crossbncs, the size and vertical spacing of the wales, and the size and horimntal spacing of the uprights can be read from the appropriate table. - (1) Eramptesro Mas[raretlte Use of Tables C-1.1 I through C-13. (1) Etaniple1. A trench dug in Type A soil is 13 ft deep and five feet wide. From Table C-l.l. for acceptable arrangements of timber can be used. Arrangement gl Space 4X4 crossbraces at six fee horizontally and four feet vertically.. Wales are not required. Space 3X8 uprights at six feet horizontally. This arrangement is commonly called'slap shoring." Arrangement #2 Space 4X6 crossbraces at eight fret horizontally and four feet vertically. Space 8X8 wales at four fee vcricaiiy. Space 2X6 uprights at four feet horizontally. Arrangentent#1 Space 6X6 crossbraces at 10 feet horizontally and four feet vertically. Space SX 10 wales at four feet ver cally. Space 2X6 uprights at five feet horizontally. P-25 I I I ' OCCUPATIONAL SAFETYjLNMHEALTH 192GSubjartPArn C AECUIaTIO5 A.YD 2ROC`DU:. S ' . , Arrangement f -I Space 6.{6 erossbrnces at 12 feet horizontally and four feet vertically. Space 10X10 wales at four feet vcttically. ' Space 3X3 uprights at sr..'c feet horizontally. (2) Fxampfe 2. ' A trench dug in Type B sea is 13 feet deep nerd five feet wide. From Table C-12 three acceptable ' arrangements of members are lied. Arrangement #1 ' Space 6X6 erosbnces at six feet horizontally and five feet vertically. ' Space 8X3 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. ' Arrangement !f2 Space 6X3 aasbraces at eight feet horizontally ' and five feet vertically. Space 10X10 wales at five feet vernally. ' Space 2X6 uprights at two feet horizontally. Arrangement #3 ' Space 8X3 crossbraces at 10 feet horizontally and five feet vertically. ' Space 10X12 wales at five feet vertically. Space 2X6 uprighs at two feet vertically. (3) Example3, A c�.ch dug in Type C sot_' is l3 feet deep and Live feet wide. From Table C -l.3 two accepuble arrange^ens ' of me -mop s can be used. Arrangement 1 Space SX3 crosbnccs at six fee: horzca:ally and five fee vertically. Space 10X12 wales at five feet •:crica'ly. Position. 2X6 uprights as CICSe!7 together as possible. Ifwatemust be retained us_- scecia1 tocgtc azd groove uprights to form tight s:eetizg. Arrangentert R2 Space 8X10 crossbraces at eight feet horizontally and five feet vertically. Space 12X12 wales at five feet verccal!y. Position 2X6 uprights in a close she_taag configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained (4) Example 4. A trench dug in Type C soil is 20 fee: deep and 11 feet wide- The size and spacing of ce_bers far the section of trench that is over 15 fcc: in depth is determined using Table C-13. Only one znangemect ofinembes is provided. Space 8X10 crossbraees at six feet horizontally and five feet ve.hcally. Space 12X12 wales at five fee: ve "pally. Use 3X6 dghc sbcc_zg. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other titan irdir_:cd are to be dote .trained as spcc:5ed in l926.62(c)1 -Design of Protective Sys:crs." 2. When conditions rc sa:u._ced err submersed S e .fc..1 the case of use Tight Sheeng. Ttgh: h rr� t specially-edged timber planes (a g., tongue and P-26 OCCUPATIONALSAFETY AND HEALTH g:oc•,c) at [cast three i-ichrr tick, sz.& sheet p'Uin„ or similar consr cucr. that when driven cc plxcd in position provide a tight wall to resist the lateral pr:s:cre of wac:r and to prevent the Iess of back`•.l! maw aaL Close Sheet ng rotes to the iliac^ens ei pLantcs side -by -side aLowing as U: ie sp:ce as possible between them. 3. ?11 spacing indie::ed is r.:ease:ed r_nte: to eentcr. 4. Wales to be installed with g:a:r: di=cnsicn horizontal. 5. If the ver�cal distance from the cents: of ;he lowest cvssbraec to the bosom of the tench exceeds two and one•half feet, uprights shall be flydy embedded or a mudsill shall be used. Where uprights • 19'_G Subpart P Ann C RECUL.kTIONS AND PRCCEDUFLS art e....e Jcd.r .1 . b. the vertical distance from the c." C; ;:.c lowest ccssbrse to the bottom of the t-.nch shall r.cc exceed 36 itches. When mudsills are used, the vc Ica dis�,a shall not exceed 42 inches. Nfudsills are wales a: a. i:unllc^_ at the tow of the tench side. 6. Trench jacks may be used in lieu of cr in comina�cn with timber c:cssbraces. 7. Placemcnc of erossbrac s. When the vertical spac'.ng of rossbnces is four feet. place the too evssbrte no more than two feet below the top of the tench. When the vertical spacing of a cssbtacs is five fee:, place the top cossbrace no more than 2.3 feet below the top of the trench. ' P-27 OCCUPATIO lALSAFETYA:r'D IE.kI.TH 1)_, Subpa;: P A;.n C • &ZC U L¼TiO:N3 AO ? RGC D UR._i TABLEC-t.! TIM?R TRENCH SHORING. - MINIMUM TDE'pcQUI ca;._... , SOELTYPEA Pa=ZSxH+72csi(lr�Saca;t) ^fefZi A; Ii ca erNr. m Ard»t•• DD C0553RAC3 I________________________________ 0P WIDTH 0?P—'CI: f:_< T W41. FUSIJ L'V AL: S il: GAAL ?ACfIC &ACII{G GZ IO U?to TIP i0 UP SO UP 00 ZACi4 SIL ?ACTH (T' -=l 4 6 9 U U :- {—` ace 4 I S l 612 (JP I0 - .. . _ HCc ( 6 4Z4 414 415 616 6X6 4 7:e5 UPIO Hct I I 8 414 414 416 6X6 616 4 Redd " 1x8 to U I 1 10 10 4X6 415 4X6 616 6X6 4 8X8 t 7z6 10 Lt11fl 818 I I 7:c6 416 416 616 6 6 6X6 t t 10 6 414 414 416 I(!6 ._3x9 UPI0 8 1 416 616 616626 4 818 t �.I�x6•I I IO UPIO _ I ( 10 6X6 615 616 618 6X9 4 8110 ! 7x6 1S 1.2 6Y6 64. 6 6X8 618 t.. 10110 t ( 3x8 .I UPT0 15 6 6 6 6 6 6 6 6 2 6 9 ( 618 t 3x6 18I0 616 US 616 618 618 t 818 t 3x6 to Upto 10 813 813 8X9 818 Urn t 8x10 t 3x6 70 GZ7 0 918 4- 1- 3 . 10 -401 - 06 53H0:a1 • K^2d 0:1 =tq= 'L•'_:+-.: l 0CL—�STMY `a YSf v"�10 �U Ps. •4 .� ^d 6 el a Yk'.71Ci f=.4 �Ibt C: �'f.T�'di. �90d_ P -2s OCCUPATIONAL SAFETYA-N-DFfEALTH 1925SubnartPApp C RCCia:ICr+S AyD PROCEDURES TABLEC-12 T1NIBBER TFfl4CH SHORING -- MINIMUM T ia.EE.R REOUI iNivti i S SOIL TYrE B P — 45 X H + 72 psf (2 P_ SerchPrge) a OF CROSS BRACE WALES r?iGh I S MAX YORI7 WIDTH CF TRENCH (EE✓rT) I VE.?T. SI7I V:RT• BENCH ALLOSriAELE1:C?? CFED i7 FFACLNG UP TC UP TC{UP TO UP TC{UP TOSPACING (ft.flSACING SPACING (r f y) rFEEET) 4 6 19 12 I 15 i t EET) (Fr EMT) SEI I 5 UPTO6 4x6 4x5 6x5 6x5 16x5 5 6x8 5 UP TO 8 16x5 6x5 6x6 6:c3 6x3 5 8x10 5 i -Cl TO UP TO 10 6x5 6x6 6x6 6x8 6:c8 5 10x10 5 10 �.. I 10 at - UP TO 6 6x6 6:c6 6x5 6x3 68 5 8x8 5 I2c_ UP TO 8 6x8 6:c8 6x8 8x8 8x8 5 IOx10 5I____ •c6I TO '. UP TO 10 8x8 8x8 8x8 8x8 8x10 5 10x121 ' 5 15 See t 15 UP TO 6I 6x8 6x8 6x8 8x8 8x8 5 8x10 5 3x5 UP TO 8 8x8 S:cB 8x8 8x8 8210 5 ' 10x12 5 3x5 TO UP TO l0 8x10. 8x10 8x10 8x10 8x10 5.5-t2x121 5 '3x6 20Se: ______Noel Scc NOTE 1 �0 Mixcd oak or rcuivaiC^l w1Li a bc-ra ng strCngttt not ICss wan o�u psL fl N'anufact r cic^bcs of c ufrai st: rzg_k may by sub stitut`-d for wood P-29 I 11 OCC1PATIONALSAFETYAtHEALTH 19_GSubn3r.PAnn C .....- .... A`CULCTIONS A.ND PACL'c"DU:L5 [I L I I Ii I LI I IH I TABLEC•13 TVN ER TRENCH SHORING — MIMMUM TD1EER R .OULThE Y S } SOIL TYFE C P = 80 X H + 72 psi (2 f& Swch&-e) a DEPTH SIZE(ACTUAL) AND SPACING OF MEMEERS" OF CROSS BRACE I WALES OFiiIG�iTS NrL-`_ HORI7 FEED WIDTH OF TRENCH( �FRT. 1R ={.' • LLLDW. HOR. SPA C. r('ELT) SPACING UP T UP TO UP IC ZiP TC UP T SPACII,'C (� ACNG n (See Nate 2) D 4 6 9_ 12 IS (FFEi) _ CFftDctxisIIII S UPTOd 6x8 6x8 6x8 18x8 8x8 5 8xi0 S 12x6 I I_. UPTO 8 .8x8 8x8. 8x8 8x8 ( 8x10 5 LOxU S 12x6 TO UP TO IC 8x1 8:i0 •8x10 8x10 10x10 L2XU S 2x6 10 SeeNote l 10 UPTOE 8x8 8x8 8x8 8x8 8x10 .5 IOx12I 5 12x6 I TO 8 8x10 8x10 8x10 8x10 10x10 5I S 12x6 I TO 0 1 IS Note! 15 UPTO6 8x10 18x10 8x10 18x!0 10x10 5 IL?x12I S 13x6 I ee I I I III ___________I 20 Note 1 OVER SEENOTE I n 2k ii I�f W.lI. a b� ing sfr j n 1011eSs r i o)� p=` iv�e� o , or eq�� _ l 10tclt;r mernoe's or e0V4c1Ct str h may by' sub; :;:l ror ror P•30 1 I I OCCL ATIONALSAFETYANDICALTH - • 1926SubpartPAnn C REGL'L.\TiONS A.SD PRCILDCR. =i 1 • TA?'LEC-2.1 r� Ia D rP: yC" �='0 �'iG • .II`IL� fJ�d T�.43 POUF >I— . -` 1 EE ,. 1:. C� SOILTY?EAF(a) =25XF:-i2csf(2ft.Sa^s ) Si?' (S4S) AVT S?AQNG OF.M!MBE.4S .'—' CROSS KR AC?S wMAT S - 1+'1 RIGET5 L �CF Eon Si1r Vfl+. NAS:VUNALLa WA 6LL KCG:LfTAL 7ACtic urn ur;a urn uric ur—.. :�) PAMIG 57AC1NG ') ACIl?G (Fullr..• c v II IS :_: (eiTl CLOSE' 4 I S I 6Hot I a UP6TO 4X4 414 1474 474 435 4 E41P.heqd I 415 I - TR TO 4%s i75 4 Ha ha p -2'd 4:•3 _ TO O1O I4.^c5 4i6 +:c 16 5 I dLS 4 e� 4 • 4Y5 •10 PTO I4a5 4Y 675615676 615 4 aS 4 I 475 1435 UP:0 6 I 4%+ I. 4a4 I 474 bid I 6Z4 I 4 I I& 'd I? ed 14310 la UP0 O 1435 495 475 6:�5 675 4 673 I 4 435 TO UP TU M 675 GYS 675 676 I 4 8 3 I 4•I 456 15 02 10 16.5 ( 675 16?S 15:5 6.t 4 ECO 4 435 4 x10 L?6i0 16.L5 I bid I E.L 16`5 1675 I 4 I 6x5 I q 1375 15 UP9T0 11675 I CS 6:v 635 4 aY3 4 3:45 4%I2 L UPaTo ( 675 16'x5 1675 1S 6.3 4 CEO 4 375 cnn 6:b 6F5 6S3 63 4 3U 4 3?5 4:{U 12 - - - OvER A0 SEE NOTE. l -1 °��� R r n t' vian 'C ° CL:.C!:-° $C''. "''h PEt Lss ('-':. FSL 1JCt:, I— 0. CYI_V,....i with > > tv j.'n'Lat,yn.� Ta...':�T r.,C'"��/C�:.'.� $�':`��:.' .^Sd $'_:.$i�:�:�:— for load P: - 1 I I I I I I I u I I I I Li I OCCUPATIONALSAFETYANDHEALTH 1726SuboartPAnn C ccu;:oMs A.ND?Rccca 1 TBLEC•2.2 TI 73ER TR CH SHORING •- IvL Lid' M TL? 'ER F .OiiK+ , TS SOILTYPEB P(a)=4SXH+72psf(2ftStsrc'-rg) [I I I I I I I I I I I I �_: (SUS) AND SPACING of bf-v 35 B_:S SIZE • Or CROSS BR4CESS W? i ES a :_0 TS 2=:YC'r SrdCMO E0.3? Iv�s�0ePy1Cd :_ SL 49'. M.UIMLMALLCXA3!EnczSn ! _;.ac:ric V,km0UPio S�.CIIW 1 U UPIO QUO IPiO GPIO ET) :� 4 6( 9 12 15 CLOSE 12 I 3 4 I 6 UP I0 4v 4%6 426 622'6 6773 S 6415 S I 13X1 I 14-'•12 UPi0. 415' 4z5 636 1 6y4.1 6 6 5 em I S 1 �.5 43 II10 O 415 475 6X6 625 623 5 8f0 I S d53 10 Hotl UP IO 6X6 M 0 6.15 653 S 853 S 35D 1 4. 0 6 10 8 61i 6.9 69 8i9 8F8 .10 S 10310 S 3X5 .I 4510 TO U10i0 6y 16:3 8X8 8 X8 1819 S 10312 . S __ ( 3Z5 4510 15H1 IlI l i I 8 10 1672 6k9 629 615 859 S ( 8X10 S 473 IS 81U I'6a� ( 63 1655 83 1 8X5 I S 103ll I TO U10!O 853 1859 ( 855 853 855 ( S 112X 2 S I 4y3 LD {{t. w1 0'i_3 I --- -- -- — S ROTE I .C iDl tl.oreiu:f]�a"1F/:11abla:a:s; fi.?yrDl 51.".2". 1500 pa k �Y+•1:•i� ��� ] rc 24 4.__a .._•._ . , ' •••,,...._ k.tu oe as,..0 to. tcd I P•32 u I OCCLYATION..ILSAFETYA't}EALTH 1926SubnartPAnn C ' REGULATIONS AND PRCCEDURL3 TALE. C - 2.3 TE NEER TRENCH SHORING - -b&TD UM TIib&&r.RREQU��ENTS' , S01TYPEC F(a)=80XH+72psi(2F. Se*c�_ce) DEPTH SIZE (545) AND SPACING OF MiMK-, Rs*' Or CROSS2RACES WALES UPEIGc?S TZ:NCE EO&IZ. SPACING WIDTH Oe T!RENC"n fL l 63. SPSCNG .. r. SL7 (O ) Soli. S?ACLfG I N.ASWI:N AI:CRAaUhCw1Ra: 7ACN0 (r!:T) UP IO UP TO 69 UP TO UP i0 I 17 UP i0 IS CLOSE UP I0 6Z5 6?5 1635 16x5 I a:3 15 I EC 5 373 Uplo B 6?S 676Y3 18. 8?9 5 ( 10310 5 3:5 TO UP TO 635 ets 813 I ami 8!3 11 101t12 5 373 101 Se!0 Set l 10 UP TO 6 655 6a3 633 8:•9 8 3 5 10X10 . '5 . UP TO 8 83 8s"9 853 8.V3 8:3 S 10X10 I 5 SF3 TO Se! 15 Nct1 Se I NettI 15 L 610 8.e3 $3 E'2 8n0 EGO S 10X12 5 473 TO x<u 1 S<e I I 20 NGvl I set1 I I I I I i l l Hcu 1 O� -. I crc r(O T S ! -- -- *110La1:Sfir 0i:^lr.,,hnf'n1f11G:[iL''�SfI°:^j :lrot �SSL^1500 psi �' itifauf�i�-d -�-it5 Oi eC r �'nf Sf:'°i, 1l ^1�be substituted i01lr.:Cd. P-33 I I I I I I I I I I I I I I J ' OCCUPATIONAL SAFETY AN -D HEALTH 1926 SuUn tit P Ar.n D ti . .. .. R_u L.t. tOrrs a.ND ?1CC<DU n:-� pre.rtted in paragn,.h (g) of lcs a::cz±x. 1926 Subpart P APP D Aluminum (6) Figrec tl!a� ^3:;T:c l i!at:cis c: ' Hydraulic Shoring for Trenches hydraulic shorten;, r: e scludedJu , prier to the Tables. The il!ust adons page is enic!cd 'Aluminun Hydraulic. Shirting: Typical (a) Scope. This appendix contains information that Installations.- ' car, be used when. aluminum hydraulic shoring u provided as a method of protection against cave-ins in (d) Basis and linriradocr oft/re dire trenches that do not exceed 20 feet (6.1m) in depth. ' This' appendix must be used when design of the (1) Vertical shore rats and hoe:cur tal wales aluminum hydraulic protective system cannot be arc those that rncet the Scctoa Modulus performed in accordance with 1926.652(cX2). requirements in the D -1 Tables. Alusnin_— material is 6O61 -T6 or material of equiva ent ' (b) Soil Classification. ' In order to use data strength and properties presented in this apperldi.K the soil type or types in which the excavation is made must first be determined (2) Hydraulic cylinders specifications. using the soil-- classification method set forth in -- appendix A of subpartP of part 1926. (1) 2 -inch cylinders shall be a minimum. 2 -inch inside dia.toter with a (c) Presentadon of Informadon. Information is minimum safe working capacity of no ' presented in several forms as follows less than 18,000 pounds axial compr-ssive lead at maximum extersie: (1) Information is presented in tabular form Matuau.-.t extension is to include full in Tables D-1.1, D-1.2, D.1.3 and D-1.4. Each range of cylinder extensions as table presents the maximum vertical and recommended by product manufacturc. horizontal spacings that may be used with various aluminum member sizes and various (i) 3 -inch cylinders shall. be a ' hydraulic cylinder sizes. Each table contains mmirnum 3 -inch inside diameterwith a data only for the particular soil type in which the safe working capacity of not less than excavation or portion of the excavation is made. 30,000 pounds axial comprrsive load at ' Tables D-1.1 and D-1.2 are for vertical shores extensions as recommended by product in Types A and B soil. Tables D-13 and D -l.4 manufacturer. are for horizontal waler systems in Types B and C soil. (3) Limitation of application. (2) Information concerning the basis of the (i) It is net untended that the ales. -ins^ tabular data and the limitations of the data is hydraulic specification apply to every I. presented in paragraph (d) of this appendix. situation that may be experienced in the field. These data were developed to aptiy (3) Information explaining the use of the to the situations that are most cor..mociy tabular data is presented in paragraph (e) of this experienced in current trenching prat:ice. appendix. Shoring systems for use in sicunuors that are not covered by the data in this (4) Information illustrating the use of the appendix must be otherwise designed as tabulardata is presented in paragraph (f) of this specified in 1926.652(c). appendix. (ii) When any of the foucw::. (5) hfiscellaneous notations (ecLhetes) conditions are present, the members regarding Table D-LI through D-1.4 arc stci cdinth.cTablesarenetcorsda:ed r -3t I I OCCUPATIONALSAFETYAPID HEALTH 1926 SubpartP Ann D ... R CULkTIONS A,t?RCC:DUR.a adcquate.In thi3 case, ar, alt -native alumintn hydraulic shoring systcn cr other type of protective system must be designed m accordance with 1926.652. (A) Who: vertical loads imposed on cross brccs exceed a ICO Pound g'a•rty load disu:eute on a one foct colon of the colter of the hydraulic cylinder. (B) When surcharge loads are present Lrom equipment weighing in excess of 20,CCO pounds (C) Vito only the lower portion of a trcach is shored and the i=aming portion of the trnch is sloped or beached unles: The sloped potion is sloped at an angle less steep than three horizontal to one vertical; or the mcribces arc seected from the tables for use at a depth which is decmined from the top of the overall trench, and not from the toe of the slog portion. (e) Use of Tables D-1.1, D-12, D -I3 and D-1.4. The members of the shoring system that art to be selected using this information are the hydraulic cylinders, and either the' vertical shores or the horizontal wales. When a wale system is used the vertical timber±erring to be used is also selected from these tables. The Tables D-1.1 and D -l2 for vertical shores are used is Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always rcq ' shecting, are for...d in the hcrizoctal wale Tables D=1.3 and D-1.4. The soil type mu t firt be determined in accordance with the soil classification system described in appcndix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is made. The selection is based on the depth and width of the tretch where the members art to be installed. In thesc tables the vertical spacing is held constant at four feet on cater. The tables show the maximum horizontal wacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical s err: tables, u c hydraulic cylinderhori onul spacing is the see.te as the vcztcal shore spacing. (f) Example to illustrate the Use of the Tcsles: (1) Eeampic 1: A _.ct dug in Type A soil is 6 fat deep and 3 fat w dc. From Table D-1.1: Find vCical shcrs arid 2 inch diame:e eyLindct spaced 8 feet on cotter (o.c.) herizcata!ly and 4 feet on ccter (o.c.) vertically. (Sec Figures I & 3 for typical L-sallaticcs.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter eylinders spaced 6.5 feet o.c. horizontally and 4 fect o.c. vertically. (Se_ Figures 1 & 3 for typical installations.) (3) A tench is dug in Type B sod that does not require sheeting, but does ccpcicec some minor raveling of the trench face. the te=ch is .16 feet deep and 9 feet wide. From Table D-12: Find vertical shorts and 2 inch diameter cylinder (with special over le_wa as designated by Footnote #2) spaced 5.5 feet o.c. horimetally and 4 feet o.c. vertically. Plywood (pe Footnote (g)(1) to the D-1 Table) should be used behind the shores (See Figures 2k 3 for typical installations.) (4) Example 4: A traeh is dug in previously 'disturbed Type B soil, with characteristics of a Type C soil, and will require sheeting.. The trench is 18 feet deep, and 12 feet wide 8 foot hotizcntal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diamceerylirderseaced at 9 fat maximum o.c. horizoatally, 3 x 12 timber sheeting is required at close spacing vertically. (Serer F ig re 4 for typical installatica) (5) Example 5: A t:; tch is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cy Heider sexing in excss of 6 feet is desired for working space. From Table 0-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders seabed at 6.5 fee o.c. horizontally. Or, find horizontal wale inn a 14.0 section modulus and 3 inch dies.^etc I I d L [] I L I -.J I LI [1 P.35 H I OCCUPAnONALSAFETYAND HEALTH 19'_6 Subpar P Ana D .. RZCULATICNS AND PRG_EDUR S cylinder spaced at 10 fee: o.c. horzentaily. Beth wales arc spaced 4 fee: o.c. vertically. 3 x 12 timber sheeting is required at e!osc racing vertically. (Scc Figure 4 fear rrptnl Lns:allauoa) ' (o) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-13, and D -1A. (1) For applications other than those listed in the tables, refer to 1926.652(cX2) for use of canufac u is tabulated d'Lz For trench detL`s in ecce of 20 fee, refer to 1926.652(c`,(2) acd ' 1926.652(x)(3). (2) 2 inch diameter cylinders, at this width, ' shall have structural steel tube (33 x 3.5 x 0.1375) ovrsleeves, or structural overslee t of manufacturer's speeficatiorL extending the full, col lapsed length. ' (3) Hydraulic cylinders capacities. () 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a safe wori ng capacity of not less than 13,000 pounds axial compressive load at ma.'dmtzn cccicn. Maximum extension is to include ' Pell range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall Sc a minimum 3 -inch inside diameter with a safe work ' capacity of cot less than 30,CCO pounds axial compressive load at maximum acteision. Maximum extrsien is to include full range of cylinder extensions as recommended by product manufacturer. I I I I (4) All Spacn i'-..d:%-- - L :..q5'. ed to crate:. (5) Vertical s.`.crirg rails sa!1 have r.. C 'earn sec ice. t c&. —!us of 0.40 i-c:.. (6) When vericaj sea es are used, tl:re mess. be a mix mum of three shoes neared e _ a hcrzontally. in a gxup. (7) Plywccc shall be 1.125 inch thick soft.vpod cr0.i5 inch thick, 14 ply, arc:ic wh c birch (Finland (cn-n). Please note that pivwecd is net intended as a s Uctural member, but crdy for pr.•eaticn of local raveling (sloug ' 3 of the trench face) between shores- .: (3) See aprr.dix C for timber spec::catccs. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. 1l P-36 OCCUPATIONAL SAFETY AND ICALTH 1926 SubnartP Ann D REGULATIONS A.''D ?ROCDUR:S •'::tom. C...:. s.i.].iti.:ii.10Ci$ R LLI IC.QR� t*A&CC iroLCt 20.C w�cuaac / / II Y erslu_c .. C `CS AflC 1Ll::CY. 4ACiG \Lar.Cv.AllNW4 MKAUt2 UC AAC.C 4 ux; 4. I. OCCUPATIONALSAFETYA.ND HEALTH 1926 Scbnart P Ann D R.CULATI0$S,LPR0CEDURES TABLE D - 1.1 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A HYDRAULIC CYLINDERS D� TH MAXIMUM MA.XLMNM WIDTH OF TR iNCbi rtc.! � � • OF HORIZONTAL VERTICAL TRENC�I SPACING SPACING Up TO 8 OVER 8 UP OVER 12 UP (1)TO12 TO15 -. (FEES OVER 5 8 UP TO 10 OVER 10 8 4 2 MCH 2 INCH 3 INCH UP TO DIAIEtTER DIAIVETER DIAvETER 15 NOTE (2) OVER 15 7 UP TO 20 OVER20 NOTE(l) Footnotes to tables, and gcnc� notes on hjauLc shorn;, are muM Ln Appe^l& D, [tom (g) Note (1): Sea Appendix D, [tet (g(l) Not! (2): See Appendix D, It�n (g(2) P-38 I 1 OCCLTAnOYALSArETYA`NTF{rALTii l9'_6SubnartPAnpD 1 AECLUTIONS A.YD PPZOCT_DCA� _ 1 TABLED • 1.2 1 ALU�JINU1'A HYDRAULIC SHOR2IG yr RTICAL SHORES FORSOiLTYPEB 1 HYDRAULIC CHJ1' DERS DEPTH NDYiN I l 14'i_A_`VENIRr1 WIDTH OF TRENCH (FEET) OF HORIZONTAL V RTICAL 1 TR ICHI SPACING SPACING UP TO 8 OVER S UP OVER 12O? TO12 TO 1S (FEET)(, t TT) (F T) 1 • OSE 1 UP TO 8 10 1 OVER 10 6.5 c 2 INCH 2 INCH 3 NCH 1- UP TO DIAMETER DIAWTER DIAETER 1S NOTE(2) 1 OVER 15 S.S 1 UP TO 20 1 E(1) OV R20 1 n Lb[es, and -g' n rn hrrn di c�nnnc fmmG dpp ^Ai'{ J item. (� 1 Op_.p.a i0 L.. 5, c.G�.-_�_.pt i _1� LC ..�._ � �._ , Noi� (1): See Apace u; D,1 ((i) Note (2): See AocSix D, iti P-39 1 I I OCCUPATIONA.LSAFETYA:`'DHEALTH 196SubnrtPAnoD I.: RZCULATIC,Is AND ?RCC :DCi Fes'" C C I I I I I I I I I n1 I TABLED -1.3 PIUMThIUM HYDRAULIC SHORING WALED. SYSTE»+1S FOR SOIL TYPE B WAr S EYDRAULIC CYLLNDERS I T i`,T3c ,lir.uC.- Si DEPTH WIDTH OF TRENCH (FEET) "a C z :;ac.c OF !C' ICH vL RT,CA' izcncn UP TO 3 . 0438 UP TO U ova L' u7 TO ti I n; 5`J aACM: MCOULa s..., 2::. 3—... ttet-7 pn(.y E0PIL CYtn°!R E0 1 Crtur°Eti E0°.?.T tncEr "— (F D S?ACDW °wlerexSPACfl0 0umrll sPAC:tiG1c(A•ut-E. OVER 3.5 8.0 2IN 8.0 xorn, 8.0 3 IN = 7.0 9.0 2IN 9.0 a 9.0 3 LN 5 - - 3v%lI UP TO 14.0 12.0 3114 12.0 3111 12.0 -I 3 ENT 10 OVER 3.5 6.0 2IN 6.0 NGT,) 6.0 I3IiN 10 4 - 3 - - 7.0 8.0 3114 8.0 8.0 I3IN UP TO EIN 15 14.0 10.0 3111 10.0 10.0 I3IN OVER 3.5 .15.5 2IN 5.5 Nome 5.5 I31 15 S 3" '•' - - 7.0 16.0 3IN 6.0 31116.0 13IN UPTO 20 14.0 9.0 3 IN 9.0 3IN 9.0 1 3 IiN OVER 20 NOTE (1) ,. F00tn.0tes to L--tiles, 2^.('. o'_'-'.€'ct:":0te5a":: - 1:'v a.—���= Si'6• =�„ a.,._G �.,.. ,�•� 1 n'-" i Netts ( I): Sr A p�tr D, It= (8;(1) NOtes (!). Ctt .. ei 0'x D. I!e a i nn , ! F -nr! h.11 ��nnrr+ ire and/or r �+1+'G�c;d -in+� . Cyr ,r,11,..I./� a1 in • i �!c.71e was. CV..-ul "�uV• nnm...Q..,U a.c+Jo. h;I;. `•L. to rVrt V1.1nV l +J 0. P-40 O CCUTATIO NAL S A FETY ANYD HEALTH 1726 S u b pa rtP A n n D RZCULATiON$ AND NtCCZDCRFS TAELE D - 1.4 ALIJ?d:. tiM 7i": RAUtIC S iO:J1G WALER S YS i thiS FOR SOTLTYPEC WAr" HYDRAUIIC CYU NDERS r —M M U??.IGTS DEFT WIDTH OF T' C'r. (=P`: ) I ct ::e=zs7Ac_i3 OF ` (CC=-=) UP TOE I G4.Z3 G7 TO L' 0v t0 'v7 TO 13 P__NC t CA. 57ACtiG sz:..Gx CD L; Z 5V 1 •�.• NCRIZ CTLno.L RCM cna4:{R HCRL CSL:(l ([^� i) ( �r)) JA['f1C 0 NN[TLRISIACpC 01AN Ci{4IJACftG CITN (T!l OVZ? 3.5 ____I______ 2 tx 6.0 xa) 6.0 3 LY S 4 3X12 - 7.0 1 6.5 I 21x 6.5 16.5 3 Lv U?TO xo rl 10 14.0 110.0 3Ia 110.0 3m 10.0 3IY 3.5 4.0 2m.I4.0 NC) 14.0 31N OVER 7.0 5.5 Sur I 5.5 3LY I 5.5 3L' 10 4 3X12 - UP TO .. 15 14.0 8.0 3 Ix 8.0 3 tx I 8.0 3 ix OP_R 3.5 3.5 I 2W 3.5 MOl 3.5 3W xo .15 4 3X12 - 7.0 I 5.0 3LL i 5.0 -3C( 5.0 13W UP TO 20 14.0 6.0 3D; 6.0 3ar. 6.0 3 OFER20 ---No 71) Foct:Dtes t0 tthlts, &-4 g!:ts 1 ct:s Cn hy&uiic sr t t !0 `L'L• 121 tine: ' U, item .gj Notes (1): See Appe:di. D, Item (y(1) . Notes (2): See Apperdi; D, Item (g)(2) •CorJt p cd st cnuf�tme: ar4Jor gc-i._zd r'ir.esr for Sec ion Modules of errb w -'•s. P-1 OCCUPATIOYALSAFETYANDHEALTH 192_6SubnactPAnn E RECCL\TIOiNS AND PRCCEDQR.ES 1926 Subpart P App E - Alternatives to Timber Shoring l6' MA VLR71 S?AC0 4'MAS Figixe 1. A.L m EyLnic Shoring S qq . - 0000 =o_a z. Prec^_ary&r sher_tg P-i_ I OCCUPATIONALSAFETYANDHEALTH 1926SubnartP:Ann E RZCULATIO�iS AND PROCfDCRZS 1 la' v Figure 3. Trench Jacks (Screw Jacks) 1 I LJ' I 1 Fi . e 4. Trench 5r.7. elcs 1 P•43 1 OCCUPATIONAL SAFETY AND HEALTH 19 _6 Sub,-, P Ann a FIZCL LA`.:ONS AND P::.FS The fcllowing t:5. -s a:: a ti acc c sL L...... cf P App F - the r_quire.:.ents conca• :.,ed ir. scbca- Subpart1926cxczva:icrs20fec;cri ^ce_C ?:am:::;esvVe .s Selection of Protective Systems for uscin c:ccavaticrs r.:cr: tha ?0 fcc: c: depth c•s: be desid ed by a r ;i c:cd p mfessiena! zrinzzr _: accordance with sec. I Sa.652(0) and (c). Is the ezcavat:ocnere than S fe et in depth? Is there potential t•IO YFS Is to z.cavatien for cave-in? ent_i:01y r- s -able rocs. E,cavationmaybe YES ::adz with ve:tieal sides. Ys Excavetion must b e PIO sloped, shored, or shielded Stc q Shcthzors:^ie!drg se!ec!ed. selee:ed. Go tofiawe? Co toFioe? --OUR— t - p' Mti 1 RV DECISIONS P-41 [THIS PAGE LNTacrIONALLY P -4S I I I Ii Il I I I I I Ii I Arkansas State Licensing Law For Contractors Act 150 of 1965 As Amended by Act: 142 of 1967 293 of 1969 546 of 1971 684 of 1977 1020 of 1979 9275 of 1981 180 of 1985 495 of 1987 26 of 1989 795 of 1989 856 of 1993 553 of 1995 335 of 1997 378 of 1997 Revised May, 1997 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 An Act to Rccodify 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, partncrsmp. copartnership. association, corporation, or ocher organintion. 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- 1. supervisory opacity 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. seer. utility, grading. or any other improvement or structure on public or private property for lease, rent- resale, public ads, or similar purpose. except single-family residence, when the cost of the work to bc done, or done. in the State of Arkansas by the contractor including, but not limited to, labor and materials, is r.vcnty thousand dollar, (S20,000) or more. However, when a person or entity acts as a contractor in the construction, crection, 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 (S20,000) 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 (S20.000), a purpose being to circumvent the provisions of this chapter. I. (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 parry shall not be considered as part of the subcontractors project, if the prime contractor has the proper classification 1 listed on a current contractors license for the work being per formed by the subcontractor. §17-25-102 Exemptions The following shall be exempted from the provisions of this chapter: I (I) 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 politic l subdivision of this state; (2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering 1 fns for preparing plans, specification, surveys, and supervision that is customarily famished by architects and engineers. §17-25-103 Penalties - Enforcement (a) Any contractor shall be deemed guilty of a -2- I I misdemeanor and shall bc liable to a tine of not less than one hundred dollars (5100) nor more than two hundred dollars (5200) far each offense. with each. day, to constitute a separate offense, who: (1) For a fixed price. commission, fee, or wage. attempts to or submits a bid or bids to conker or contracts to construct. or undertakes to construct. or assumes charge in a supervisory opacity 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 (520,000) or more, without first having procured a license to engage in the business ofcontracting in this state; (2) Shall present or file the license ccrtifc to 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 applicnt or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license to an applicant or to revoke the license ofa 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 bock 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 ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed -3- n I three percent (3%) of the total cantrset being perfanncd by the contractor. (B) The penalty provided for in this subsection, plus interest at ten percent (10%) per annum, shall be paid to the Contraeors Licensing Board before the contractor con be issued a license to engage in the business of contracting in this state. In addition to the assessment of the penalty, the Contractors Licensing Board may, upon a finding of a violation of this section, issue an order of abatement directing the contactor 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 ct 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 oanured. (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 Cowry to enforce any order of abatement not complied with within fifteen (15) days. excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement if the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions arc 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 ancmpt to engage in the business of contracting as herein defined, the board shall have the right to go into the proper court in the jurisdiction in which the work is being performed and, upon affidavit, secure a writ of injunction. without bond. restraining and prohibiting the contractor from performance of the work then being done or about to commence. §17-25-105 Form of Indictment In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a cc-tifieate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that 'A' unlawfully engaged in business as a contractor, without authority from ;.he Contractors Licensing Board, State of Arkansas, to do so. - §17 -25-106 Grain Bin Exemption The provisions of this section shall not apply to the construction of grain bins on a farm which are to be used solely For the purpose of staring grain harvested by the owner or lessee of the farm. Subchapter 2- Contractors Licensing Board I §17-25-201 Creation - Members (a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor. (b) Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. (1) (A) Five (5) members shall be contractors of not less than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their •of cez- Each must hold an unexpired contractors license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his business the construction of buildings. (1)) At least one (1) member of the board shall ' have had as a larger part of his business the construction of highways. (2) Two (2) members of the board shall not be actively engaged in or retired from the profession of -5 1 I I I concructing. One (I) shall represent consumers, and one (I) (d) Due notice or each mccting and the time and place ' shall be sixty (60) years of age or older and shall represent the thereof shall be given to each member in such manner as the elderly- Both shall be appointed from the state at large subject bylaws shall provide. to confirmation by the Senate. Thc two (2) positions may net be held by the same person. Both shall be full voting members (c) Thrcc (3) members of the board shall constitute a but shall not participate in the grading of examinations. ( quorum. (c) (I) Members shall serve five-year terms. (f) The board shall adopt a seal for its own use and shall • have on it the words, "Contracors Licensing Board, State of (2) Terms shall expire on December 31 of the fifth Arkansas, Seal," and the secretary shall have charge and year. custody of it. ' (3) Each member shall hold over after the expiration 517-25-203 Powers of his term until his successor shall be duly appointed and qualified. (a) The board shall have power to make such bylaws, rules, and regulations for its operation as it shall consider (4) if a vacancy shall occur in the board for any appropriate. provided that they arc not in conflict with the laws cause, it shall be tilled by appointment by the Governor. of the State of Arkansas. ' (5) The Governor may remove any member of the (b) All expenses incurred by the board for the board at any time for misconduct, incompetency, or neglect of administration of this chapter are authorized to be paid by the duty. board. ' (d) Each member of the board shall receive a certificate (c) The board, or any committee thereof, shall be entitled . of appointment from the Governor and, before entering upon to the services of the Attorney General or other state legal the discharge of the duties of his offcc, shall file with the counsel as deemed appropriate, in connection with the Secretary of State the constitutional oath of ofheeoperation of the affairs of the board. Additional legal counsel ' (c) (I) Each member of the board shall receive fifty may be employed by the board from time to time as it may deem necessary. dollars ($50.00) per diem while the board is in session and reimbursement for necessary traveling expenses, board, and §17-25-204 Employees lodging. (2) Each member of the board shall receive fifty The board shall employ a chief administrative employee, dollars ($50.00) per diem in addition to the per diem provided also known as administrator, who shall possess such for in subdivision (I) of this subsection. qualifications as may be determined by the board and who shall serve at the pleasure of the board- In addition, the board may §17-25-202 O panization and Functions employ such additional professional and clerical employees as may be necessary for the operation of the board and its various functions and pay salaries thereto as may be authorized by law. (a) Thc board shall elect a chairman, vice-chairman, and secretary, each to serve in his respective capacity for one (1) §17-25-205 Disposition of Funds year. Officers shall be elected by the board annually. ' (b) The board shall have two (2) regular meetings in each The fees of the Contractors Licensing Board shall be year; one (1) meeting shall be in the month of February, and deposited in banks to be used by the board in the manner one (1) meeting shall be in the month of August, for the prescribed by law, similar to the accounts of other examining 1 purpose of transacting such business as may properly came and licensing boards of the state, and shall be audited under before it, ancall of the chairman of the board. rules and regulations prescribed by the Director of the Department of Finance and Administration. (c) Special or adjourned meetings may be held at such ' times as the board may provide by the bylaws which it shall C . §17-25-206 Records and Reports adopt, or at such times as the board may, by reasonable resolution, provide. (a) The secretary shall keep a record of the protxcdings • of the board. -6- -7 I I . (b) T'nc 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 grunted 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 evidcnc 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 I of each year. the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report. together with a complete statement of receipts and expenditures of the board attested by the affidavit of the chairman and secretary and a copy of the roster of licensed contractors. (1) 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) (I) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, -8- 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) Cr more, any person, firm. or corporation, before being entitled to the issuance or such permits, famish 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 evidcnc 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 thel character of work for which the applicant is qualified. §17-25-303 Application - Renewal - Fees I (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 h on file with the Contractors Licensing Board a completed original application and proof of successfully completing any examination required. ' 1 (b) Thereafter an annual renewal license fee to be determined by the board but not to exceed one hundred doll (S 100) shall be paid by each license: to defray the costs an expenses of the administration of this chapter. §17-25-304 Financial Statement (a) (1) All persons and entities required by this chapt� to be licensed by the Contractors Licensing Board shall transmit to the board with their original applications an audit financial statement of the applicant audited by a certified publi accountant or registered public accountant. (2) All persons and entities licensed by th Contractors Licensing Board shall transmit to the board with renewal applications a financial statement of the applicant 1 I I ' rceicwcd by a ccrtificd 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: (I) Experience; (2) Ability, (3) Character, (4) The manner of performance of previous I. contracts; (5) Financial condition; (6) Equipment (7) Any other fact tending to show ability and ' willingness to conserve the public health and safety, and (8) Default in complying with the provisions of this chapter or any other law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. Ii §17-25-306 Examinations - Certification • (a) If an application complies with the board's rules and regulations, then the applicant shall be entitled to an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the board, then the board shall issue to the applicant a certifitstc 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 ecrtifiotes of license to engage in the business of contracting in the State of Arkansas shall expire at 12O0 ', -10- 5 'I I midnight on the day before the anniversary date of their issuance unless other -vise designated by the board, and they shall become invalid on that day unless rcncwe L §17-25-308 Grounds for Revocation The board shall have the power to revoke the actifiote of license of any contractor licnsed under this chapter who is found guilty of any fraud or deceit in obtaining a license or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligence, incompetence, or misconduct in the conduct of the contractors business. §17-25-309 Procedure for Revocation - Reissuance (a) Any person may prefer charges in connection with the foregoing against any contractor licensed under this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the board and unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within thirty (30) days 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 haring, shall be considered as legally served by the board when sent to the last known address of the accused by registered mail, at least ten (10) days before the date fixed for the hearing. In.the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necassary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (0 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 haring, the board may reissue a license to any contractor whose license has been revoked. (h) The board shall immediately notify the Secretary of -11- I I State of its findings in the cue ofa revocation ofa license. or ofa rcissuancc ofa revoked license. §17-25-310 Replacement A certifiete 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 partncrhip may engage in the business ofcontracting 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 organiations. to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. §17-25-312 Review Any parry aggrieved by any decision or this board shall have the right to seek review thereof pursuant to the provisions of the Administrative Procedure Act, as amended, §25-15-201 et seq. §17-25-313 License Requirements to Accompany Invitation to Bid All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidden and in their specifications a copy of this chapter, or such portions thereof, as arc deemed necessary to convey to the invited bidder, whether he is a resident of this state or not, the information that it will be necessary for him to have a certificate of license from this board before his bid is considered. §17-25-314 (Repealed) §17-25-315 Rules and Regulations - Federally Funded Projects - Contractor Qualifications (a) The board shall have the power to promulgate rules and regulations for the efficient enforcement of this chapter and -12- shall also have the power to assign the right or give permiss: to. any state agency, board, or commission to dctcrmi� qualifiations of a contractor solely for the purpose submitting a bid to the state agency, board, or commission on projects involving federal aid finds prior to the contractor bci • licensed by the board. No state agency, board, or commissis shall cxcutc any construction contract involving federal a. funds unless and until the sucxssful bidder for the projet • furnishes a ccrtificue 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 unlicnsed contractors projects involving federal funds. However, no contractor sh submit a bid under this section prior to submitting application for licensure, and no Political subdivision or polio corporation shall execute any construction contract unless ax - until the successful bidder for the project furnishes appropriate license issued by the board. I I I -13- 1 •1 I I I ARKANSAS STATE CONTRACTORS BOND LAW ACT 162 OF 1987 As Amended by: Act 487 of 1989 Act 783 of 1991 Act 37 of 1992 u Subchapter 4 - Contractors Bond § 17-25-401 Definitions (a) (1) 'Contractor' shall include all original, prime and general contractors d all subcontractors. It is defined to be ly person, firm, joint venture, partnership, copartnership, association, corporation, r other organization engaged in the busines11 the construction, alteration, dismantling, demolition, or repairing of roads, brid , viaducts, sewers, water and gas ma, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, rev ,. canals, railways and rail facilities, oil and wells, water wells, pipelines, refineries, industrial or processing plants, chem I plants, power plants, electric, telephone, t any other type of energy or message transmission lines or equipment, or any ot�t kind of improvement or structure. (2) The term 'contractor' shall incl e any contractor who is required to obtaa contractor's license under the state licensin@ law of this State, §17-25-101 et seq. I (b) However, when a person or entity acts as a contractor in the construct erection, alteration, or repair of his o r its own property or of a single -f residence or if the cost of the work t done, including, but not limited to, labor materials, is less than twenty thou dollars ($20,000), the person or entity 1 not be deemed a contractor under t chapter. ' I Li LI Li 11 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 (S 10,000.00); (2) Payable to the State of Arkansas; (3) Conditioned on the contractor complying with the tax laws of the State. 01 Arkansas, and when applicable, any city, county, school district, State agency, 01 other political subdivision of the State, the Arkansas Employment Security Act 11-10- 101 et seq., the Workers' Compensation Lav, 11-9-101 et seq., and the provisions of thi; subchapter. -3- Ii § 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 pricy 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. (b) Upon notice to the contractor hearing thereon is requested by contractor or if deemed appropriate by board or any committee thereof, should determined that a violation exists, the boar or committee may assess a penalty a noncompliance in a sum not to exceed percent (5%) of the value of the contrac performed, and upon a Ending of a secon subsequent violation, the contractor mat assessed •a penalty equal to ten percen (10%) of the value of the con c performed. Further, any contractor four u violation for a second or subsequen violation of this subchapter may lose •t: contractors license for a period of one'I year. The board or committee may alsc issue an order to cease and desist the pending compliance. (c) Failure of a contractor to co I' with the provisions of this subchapter l be grounds for revocation of any licenst issued to the contractor by the Contract: Licensing Board. (d) Enforcement of the bond <. requirements contained herein shall be, t responsibility of the Contractors Licensing Board. I (e) The board shall have the power tc make such rules and regulations enforcement as it may consider approp r and not in conflict with Arkansas law. I -4- -5- 1 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- .1 FAYETTEVILLE MUNICIPAL AIRPORT ' DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Definitions of Terms The terms used in this program have the meanings defined in DOT 49 CFR 26.5. ' Objectives/Policy Statement (26.1,26.23) The City of Fayetteville/Fayetteville Municipal Airport -Drake Field has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Fayetteville has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Fayetteville has signed an assurance that it will comply with 49 CFR Part 26. ' It is the policy of the City of Fayetteville to ensure that DBEs, as defined in Part 26, have equal opportunities to receive and participate in DOT -assisted contracts. It is also our policy - II. To ensure nondiscrimination in the award and administration of DOT -assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; 3. To ensure that the DBE program is narrowly tailored in accordance with applicable law; ' 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT -assisted contracts; and ' 6. To assist the development of firms that can compete successfully in the marketplace outside the DBE Program. The Airport's Financial Coordinator has been delegated as the DBE Liaison Officer. In that capacity, the Financial Coordinator is responsible for implementing all aspects of the DBE program. ' Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Fayetteville in its financial assistance agreements with the Department of Transportation. ' The City of Fayeneville has disseminated this policy statement to the Fayetteville City Council and all the departments of our organization. We have distributed this statement to DBE and non -DBE business communities that perform work for us on DOT -assisted contracts by running an advertisement in a' statewide newspaper. ' CITY OF FAYETTEVILLE By: Date Fred Hanna, Mayor IAttest: I I Heather Woodruff, City Clerk Date II Hi APPROVED AS TO SUBSTANCE ' Alert Little, Economic Development Director Nondiscrimination. (26.7) The City of Fayetteville will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering the DBE Program, the City of Fayetteville will not directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. DBE Program Updates. (26.21) We will continue to carry out this program until all funds from DOT financial assistance have been expended. We , will provide DOT updates representing significant changes in the program. Quotas. (26.43) ' We do not use quotas in any way in the administration of this DBE program. DBE Liaison Officer (DBELO) (26.25) The following individual has been designated as the DBE Liaison Officer: Brenda Moss, Financial Coordinator, Fayetteville Municipal Airport -Drake Field, 4500 S. School Avenue, Suite F, Fayetteville, AR 72701, phone# 501- 718-7640 Ext. 5. In that capacity, Ms. Moss is responsible for implementing all aspects of the DBE program and ensuring that the Fayetteville Municipal Airport -Drake Field complies with all provisions of 49 CFR Part 26. The DBE liaison officer has direct, independent access to the City of Fayetteville's Economic Development Director concerning DBE program matters. The City of Fayetteville is the sponsor for the Fayetteville Municipal Airport - Drake Field. All departments are available to assist or advise the DBE Liaison Officer as needed. The Airport recruits engineers for each of our AIP projects who work and assist in the compliance of the Airport's DBE , program. The DBELO is responsible for developing, implementing, and monitoring the DBE program, in coordination with , other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by DOT. . 2. Sets overall annual goals. 3. Ensures that bid notices and request for proposals are available to DBEs in a timely manner. 4. Identifies contracts and procurement so that DBE goals are included in solicitations (both race -neutral methods and contract specific goals) and monitors results. 5. Participates in pre -bid meetings. 6. Advises the Economic Development Director on DBE matters and achievements. 7. Participates with the project engineer to determine contractor compliance with good faith efforts. 8. Maintains the airport's updated directory on certified DBEs. I I r Federal Financial Assistance Agreement Assurance. (26.13) ' The City of Fayetteville has signed the following assurance, applicable to all DOT -assisted contracts and their administration: ' The City of Fayetteville shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the ' requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its ' terms shall be treated as a violation of this agreement. Upon notification to the City of Fayetteville of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the ' Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). DBE Financial Institutions. (26.27) ' The City of Fayetteville utilizes the publication, "Report of the Bank Commissioners of Arkansas," as a source of financial institutions. This register is published yearly by the Office of State Bank Department. The DBE Liaison Officer will investigate the availability of any DBE Financial Institutions listed in this register and recruit other ' interested DBE financial institutions by running advertisements at least once a year in a statewide newspaper. The Fayetteville Municipal Airport will use these mediums to initiate the investigation to the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in ' our community and make reasonable efforts to use these institutions. We will also encourage prime contractors to use such institutions which we have identified. To date we have identified no such institutions in our area, but will continue to search. ' Directory. (26.25) ' The Fayetteville Municipal Airport -Drake Field will maintain and make available to interested persons a directory identifying firms eligible to participate as DBEs in our program. The directory lists the firm's name, address, phone number, and the types of work the firm has been certified to perform as a DBE. The directory will be revised at least annually. The airport uses the Arkansas Highway Department's directory of certified DBEs as the airport's ' DBE directory. The directory will be available to contractors and the public on request and will be maintained at the Fayetteville Municipal Airport -Drake Field located at 4500 S. School Ave., Suite F, Fayetteville, AR 72701 or by calling 501.718-7640 ext. 5. Copies may also be obtained by calling the Arkansas State Highway and Transportation Department at 501-569-2259. Required Contract Clauses. (26.13, 26.29) ' Contract Assurance. (26.13) The Fayetteville Municipal Airport -Drake Field will ensure that the following clause is placed in every DOT - assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in ' the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these I D I requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Prompt Payment. (26.29) The Fayetteville Municipal Airport -Drake Field will include the following clause in each DOT -assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the City of Fayetteville. The prime contractor agrees further to return retainage payment to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Fayetteville. This clause applies to both DBE and non -DBE subcontractors. Before any written approval for delay or postponement for payment is issued, both the prime contractor and the subcontractor will be invited to discuss the disputed issues. The Airport will fully investigate our options with the City of Fayetteville's Legal Department and the Federal Aviation Administration in the most expeditious time possible before written approval for delay or postponement of payment is given. Sanctions for Noncompliance: In the event of the contractor's noncompliance with any terms of a DOT -assisted prime contract, the City of Fayetteville shall impose such Contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: (A.) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (B.) Cancellation, termination, or suspension of the Contract in whole or in part. Monitoring and Enforcement Mechanisms. (26.37) The Disadvantaged Business Enterprise (DBE) program for the Fayetteville Municipal Airport -Drake Field will be incorporated as part of the Specifications and Contract Documents on all DOT -assisted contracts. The inclusion of this program in the Specifications and Contract Documents provides the same sanctions for noncompliance to the DBE program as any other term of any DOT -assisted contract. Submission of a bid on any federally assisted work advertised by the airport will obligate the Contractor who submitted the bid to use good faith efforts to meet the DBE goal published in the bid document. The Contractor will be required to submit the names, addresses, telephone numbers, EINs (Employer Identification Number), DBE Certification Numbers, the kind of work performed, and the amounts to be paid to all subcontractors participating as DBEs in the project at the time of contract execution. If no DBE participation is expected in the contract, the Contractor must submit proof at the time of contract execution of good faith efforts to obtain DBE participation. The Fayetteville Municipal Airport -Drake Field will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program which is evident to airport staff. DOT can at their discretion take steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT I I I I I I U I rI I LI I I I Li I I Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in ' 26.109. We also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. Overall Goals. (26.45) Amount of eoal ' The City of Fayetteville's overall goal for FY2000 is the following: 5% of the Federal financial assistance we will expend in DOT -assisted contracts. Method The Fayetteville Municipal Airport -Drake Field used a weighted average method (Attachment #5 Example 2) to ' calculate our base figure for our DBE goal. Base Percentaee: 1. The weighted factor was derived by calculating the percentage of the cost expected to be expended in each SIC code for the estimated project costs for the year (Attachment #1 item C). 2. The second factor used in the formula for calculating our base figure was derived as follows: the numerator is the number of DBEs located in our four county area (Benton, Crawford, Madison, and Washington Counties) that can perform the kinds of work needed which were identified from the Arkansas State Highway and Transportation ' Department's directory for DBE. The denominator was derived using the number of individuals listed by the Census Bureau's County Business Pattern database on the Internet. (See Attachment #1, items A and B.) This calculation produced the relative -weighted availability ofDBE participation of.50 percent (Attachment #1, Item D). Adjusted Base Goal: The airport staff made inquires at the Chamber of Commerce and the Small Business Administration as to studies or records maintained on DBEs. No records are assembled to represent this group as a minority. A data search of the Census Bureau on the Internet revealed a minority population not including women in our four county area of ' approximately 3.07 percent in 1990. (See Attachment I, item E.) A review of our recent let contracts for 1997 through 1999 indicate that with advertising outside of our immediate area, the airport can expect a participation of DBE activities as subcontractors at a rate of at least 1.74 percent (1997 accomplishment = 3.16%, 1998 ' accomplishment= 0, 1999 accomplishment 2.06 % equals a 1.74% yearly average.) Inquiries from other airports located near our vicinity resulted in one response from FSM (Ft. Smith Regional Airport) located in Sebastian county, Arkansas, which stated they have set their goal at 5% for the year 2000 and XNA (Northwest Arkansas Regional Airport) in Bentonville in Benton county,:'Arkansas, has a goal of 10.56%. With our base percentage of '.54%, XNA's goal of 10.56%, and Ft. Smith's goal of 5%, an average goal of 5.37% can be derived. After evaluating the above information, the City of Fayetteville/Fayetteville Municipal Airport's initial base rate ' goal has been adjusted to 5% to reflect as accurately as possible the DBE participation the airport staff considers obtainable. [1 I I Process The Fayetteville Municipal Airport/Drake Field will submit its overall goal to DOT on August I of each year. , Before establishing the overall goal each year, the airport staff will review the Disadvantage Business Enterprise Directory for changes in the number of available DBEs in our area. Staff will also review the contracts let for the previous year, contact other airports in our vicinity, and any other persons or groups who might have knowledge concerning the availability of disadvantage and non -disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the airports efforts to establish a level playing field for the participation of DBEs. Following this process of determining our new goal, the airport staff will publish a notice of the proposed overall ' goal in a statewide newspaper, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the airport office for 30 days following the date of the notice, and informing the public that the airport and DOT will accept comments on the goals for 45 days from the date of the notice. The notice will include addresses to which comments may be sent and addresses where the proposal may be reviewed. All comments will be reviewed by the airport staff, and if comments warrant, changes will be made to the proposed goals. , The overall goal submission to DOT will include a summary of information and comments received during this public participation process and the airport's responses. The airport will begin using the overall goal on October I of each year, unless other instructions have been received from DOT. Breakout f Estimated Race Neutral and Race -Conscious Participation We estimate that, in meeting an overall goal of 5%, we will obtain .05% from race -neutral participation and 4.5% through race -conscious measures. All of our DOT -assisted contracts for the Airport include the requirement of good faith efforts to meet our goal for DBE participation. Because of the few DBEs in the area, we receive very little response to the bids advertised and let. We do require the engineers to include DBE language in both specifications and advertisements that they initiate. We also place ads in newspapers encouraging DBE participation in our projects. I believe that the DBE participation that we do receive usually is a result of our efforts, the engineers, and the contractors in recruiting DBEs. Contract Goals , The Fayetteville Municipal Airport -Drake Field will use contract goals to meet any portion of the overall goal the airport does not project being able to meet using race -neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is not projected to be met though the use of race -neutral means. The airport will establish contract goals only on those DOT -assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBE's to perform the particular type of work). , We will express our contract goals as a percentage of the Federal share of a DOT -assisted contract. I I I 7 LJ Good Faith Efforts. (26.53) ' Information to be submitted: ' The City of Fayetteville treats bidder/offerors compliance with good faith efforts requirements as a matter of responsibility. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information at the time of contract execution: 1. The names and addresses of DBE firms that will participate in the contract; I. 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm's participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose ' participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. of good faith Demonstration efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The Airport's Financial Coordinator will be responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible. ' The DEB Liaison Officer will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before the City of Fayetteville/Fayetteville Municipal Airport -Drake Field commits to the performance of the contract by the bidder/offeror. Administrative reconsideration Within 5 days of being informed by The City of Fayetteville that it is not responsible because it has not documented ' sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors must make this request in writing to the following reconsideration officials: The Airport Board, 113 W. Mountain, Fayetteville AR 72701, phone number 501- 718-7640 Ext. 5. The reconsideration officials will not have played any ' role in the original determination that the bidder/offeror did not document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or ' argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The . bidder/offeror will have the opportunity to meet in person with our reconsideration officials to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. We will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make ' adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. I Li I P LJ Good Faith Efforts when a utW is reniaceu un a LU,,,,a". We will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison Officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment until satisfactory action has been taken. I Counting DBE Participation. (26.55) We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. , Certification. (26.61 - 26.91) The Arkansas Highway Department has certified all interested individuals who have inquired at the airport about ' DBE certification (see attached agreement with the State attachment #4). The airport will use the Arkansas Highway and Transportation Department's DBE directory to determine the eligibility of firms to participate as DBEs in DOT -assisted projects, and the Fayetteville Municipal Airport -Drake Field will continue to honor the certification completed by other entities as long as documentation can be provided. In the event we propose to remove a DBE's certification, we will follow procedures consistent with 26.87. , Attachment #2 to this program sets forth these procedures in detail. Unified Certification Proeram , The Fayetteville Municipal Airport -Drake Field will participate in a Unified Certification Program as one becomes available for the State of Arkansas. The Fayetteville Municipal Airport -Drake Field will utilize the Arkansas State Highway and Transportation Department in certifying individuals which we have recruited as candidates as DBEs. Certification Aooeals Any firm or complainant about a certification matter should be sent to: , Department of Transportation Office of Civil Rights Certification Appeals Branch '$00" St., SW, Room 2104 Washington, DC 20590 The airport will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs for DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). I I I El "Recertification" The Arkansas Highway and Transportation Department will handle recertification of DBEs for the airport. The Arkansas Highway and Transportation Department's policy is to fully recertify DBEs every three years. "No Chance" Affidavits and Notice of Change The Arkansas Highway and Transportation Department will handle "No Change" affidavits and Notice of Change for the Fayetteville Municipal Airport -Drake Field. They do require an acknowledgment (a signed form that the DBE's status has not changed) annually. I I I I I I I I I I L] L1 personal Net Worth The Arkansas Highway and Transportation Department will handle personal net worth statements. Their statement is compatible to the U.S. Small Business Administration (SBA) form 413 (2-94). A copy of form 413 (2-94) is used as an attachment #3 to this document. The Fayetteville Municipal Airport -Drake Field will create a bidders' list, consisting of information about all DBE and non -DBE firms that bid or quote on DOT -assisted contracts. The purpose of this requirement is to allow use of the bidders' list approach to calculating overall goals. The bidders' list will include the name, address, and DBE/non-DBE status, and age of the firm and the annual gross receipts. The bid packet will include a form for the necessary information required on all bidders, and the bidders will be required to return the form at the time of bid opening. �. .__,. •.cur �:_ We will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Fayetteville or Department of Transportation. This reporting requirement also extends to any certified DBE subcontractor. We will keep a cumulative total of actual payments to DBE firms for work committed to them at the time of contract award. The contractor will be responsible for submitting a record of any payments made to DBEs when they submit payment requests from the recipient. We will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to DOT We will report DBE participation to DOT by submitting annually DOT From 4630, as modified for by FAA. recipients Confidentiality We will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with federal, state, and local law. The Arkansas State Freedom of Information Act A.C.A. Title 25-19-105 states that examination and copying of public records or files which, if disclosed, would give advantage to competitors and bidders shall not be deemed to be made open to the public under the provisions of the State FOIA law. However, the company must request this protection in writing with proof that such C1 I 1 information would put them at a disadvantage. Notwithstanding any contrary provision of state or local law, we will not release personal financial information submitted in response to the personal net worth requirements to a third party (other than DOT) without the written consent of the submitter. All local laws are superseded by state and federal laws. [l I APPROVED: U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration By: Date 1 Attachments ' I Calculation of DBE goals. 2. Department of Transportation 49 CFR Pans 23 and 26 rule #26.87. 3. U.S. Small Business Administrations (SBA) form 413 (2-94). 4. AHTD Agreement 5. Sample Calculation for DBE base. I I I I 10 ' I A. Total of SIC from the U.S. Censu County 1500 1610 1770 1794 8700's Benton 143 0 14 16 49 Crawford 33 0 6 13 6 Madison 3 0 2 1 7 Washington 119 2 14 14 89 --------------------......-------------------------------------------- ' Total 298 2 36 44 151 B. Business Identified in our 4 county area for the August 23 1999 Disadvantaged Business Enterprise Directory 1. Marshall Construction, Inc. 17739 Cartwright Mountainburg, AR 72946 2. Seneca, Inc. ' 420 Lakewood Van Buren, AR 72956 C. Total Estimated project costs for year 2000• Professional Services (8700's) $90,000.00 approx. 7.5% of total expenses (90,000/1189000) Construction (1700's) $207,250.00 approx. 17.5% of total expenses (207250/1189000) ' (1500'0 &1600's) $891,750.00 approx. 75% of total expenses (891750/1189000) total $1,189,000.00 D. Calculation of our base figure: Base (SIC 15 &16 =2)(SIC 17 = 0)* (SIC 87 = 0)' .75 - ------ -----. + .175 --------------- +.075 --------------- X100 = .5% Figure (SIC 15 & 16 = 300)" (SIC17 = 80)" (SIC.87 = 151)** ' DBEs listed in the Arkansas State Highway and Transportation Department's list for the four counties for this specific SIC code. ' "Total Businesses listed on the web site of the Census Bureau for the four counties for this specific SIC Code.. E. Census Data dated 1990 regarding population of minoritypopulation in Washington Madison. Benton and Crawford counties in Arkansas: Blacks .77 % of total population (2050/265004) ' American Indians 1.44% of total population (3810/265004) Asian .43% of total population (1129/265004) Other Race which ' Include Hispanics .43% of total population (1129/265004) Total % of Minority 3.07% i I ATTACHMENT #2 5142 Federal,Register/...V,o1',!(./,Tuesday. February,: 2,• 1999/Rules and Regulations � r.. .. mow.+.,.. - deemed -..: deemed io jtaye laded to eoope@te,bitmw. - contlnue.io,be,cer}Ified. Confidentlallty give the firm an opportunlry for an under.§ 26: 09(c).iJ4ie& -eho of complainants' identities must be .. - informal hearing; at which the firm may. • (k) If yoq are. a recipient. you mustnC" protected as.provlded In 526.109@) respond to the reasons for the proposal make decision on eppllraUoris,(or+,tkit r.fi(2).You must review your records.. n: to remove its eligibility in person and certlficadoq within 90y da s. of receiving concerning the firm, any material r. provide lrtformation and arguments - rovided b the flan and.the :; %: r-. concerning why it should remain from;the applicant finn.ell Jnlormagon;a p. J' •, required under, this par[.,You may;i Its•ii complainant. and other avatlable r•` '. certified..:, I,. .n extend this time period once,for.no :r.:o infotmatlon.;You mayrequest ,'•.:. . (1) In such a proceeding. you bear the more than an additional 60 days,:upon :7 additional information from the firm or: burden of proving, by a preponderance written notice, to the.flrm..explafrting l:oi conduct any other,investlgation that you of the evidence, that the firm does not .., fully and specifically the reasons for thedeem necessary. •. .. .. meet the certification standards of this , extenslon.-You may establish a different . . (3) If you determine, based on this ... Part. ... time frame In your DBE progra.m.'upon 1, review. that there is reasonable cause to (2) You must maintaln'a complete 1 a showing that [his time frame is -not;: believe that the firrrt is Ineligible. you .. record of the hearing; by any means''' feasible, and subject to the approval of :r. must provide written notice to.the firm.• ' the concerned operating adminlstratlon. thatyou propose to find the firm : :-acceptable under state law for the .q retention o!a verbatim record of an Your.fallure to make a decision by theta: ineligible, setting forth the reasons for, administrative hearing. If there is an applicable deadline under this 'ii or, s:iu ihe'proposed,detertnlnaUon. ILyou ;,, appeal to DOT under § 26.89, you must • paragraph 1s deemed a'tonsuuctiveJ': %a determine that such reasonablecause �-c. ' provide a transcript of the heart'' to' oftheapplicatlon:an. the basis of: does not exist, you mustnotifytlie DOT and. on request, to the firm: You ' , which the firm ma a alto DOT.. complainant and the firm In writing of must retain the original record of the Y. pP? this determination and the reasons for under:§26.89;�;teu� ' ::1':�' °'f` '" ' ' • It Ail statements'of reasons for findings. hearing. You may charge the firm only r; oeelpen:� •' for the cost of copying the record.... denial What rules requests for recipients on the issue of reazonabl .evidce must ;: (3) The firm may elect to present' denials of Initial certification?,, specifically reference theevidence in 1n(3) The n and arguments to in witting. (a) When you deny a request by a :, the record on which each reason Is, . without going to a hearin is i such a firm, which Is not currently certified based....... •: .: with you: to be.certified as.a DBE: you , (b) Recipient-lnlrlared p(viceedings. 31. situation, you bear the same burden of based on notification by the firm of a proving, by a preponderance of the - must provide of the firm a written i; evidence: that the firm does not meet explanation the reasons for.the:; ..'1' change io its circumstances or. other ' T' Information that comes to your.:;` the certification standards, as you denial, e t ically referencing the . would during a hearing. evidence in the record that supports ' : attention, you determine that there is each reason for the denial/All •-; r reasonable cause to believe that a ...(e) Separation of functions. You must documents and other Information on currently certified firm is ineligible, you ensure that the decision in a proceeding which the denial is based must be made' must provide written notice to the firm to remove a firm's eligibility is made by avatlable to the applicant. on request.:': that you propose to find the firm an'office and personnel that did not take (b) Wheri,a firm is denied =5;;t. - ineligible. setting forth the reasons for pan in actions leading to or seeking to , certlfcaiion. yoummust establish a time ' the proposed determination. The •':' ' implement the proposal to remove the period of iio more than twelve months statement ofreasons for the finding of firm's eligibility and are not subject... that muii elapse before ahe.fli l os reasonable.cause must specIDcally, r.: with respect to the matter, to direction. reapply'ro the'retlplen!(o� tinif lotion? reference the.evldente'in the record om • from the office or personnel who did ..... which each reason B based..:.r • E r.:;:. take part In these. actions. subYou ma4 ipPttle: l bythe DBEemecl;m. :. (1) Your method of Implementing this. operating to approval hyahe•concemed4' (c) DOT directive to oceinitiate : r.:,+'. t': requirement must be made part of your operadrig'administr'aticid: e"4honer 'rd ?1 proeeedinadmi If the conce determines', waiting period'for reapplI ition The'tnc operating administration determines DBE program. time period foFreappLcatlon beglni t6"? that'Informatlon-Jn your certification','-:. (2) The decislonmaker must be an runbn the daie4fie ex lariatiodrequlrcd' records:.or:otherInformation available individual who is knowledgeable abut.': by paragraph�(e)'or h P. Sec}Ion•lsJ )'' �' io.the concerned operating':: oper ti feasonabler� ,; the cenif ca[lon requirements or your, . ;. recelvedby Rte•f rrn ro a¢n:fS �1.•g?+" administratlon:,p DBE program and th•is-Dart. 4pan. „ k# X(i rci does o'`believe Ihatta fine you certified : (3) Before a UCP s operational in its , ei(c)'1Nhen '6u'mak23n,t; :_ Ie: admfNs-`ih�Je'lyrrnardeh157af;a1 ir+sl does notmeeconcelig1bf11[y:er1[erlaoust: state.,asmzllalrportor4mplltransit',f this art.:the,concemed o radn ,o1vo cent'' tion tontemlriga flrin?th�XirirfP. p-,. 8 1 authority (i.e,an afrp.q or,trARs ii, t.;gqu rnay.appeal the'denial tdltlr"e'V +a `adiillnistraUori may dlred:yolria9nitlate, autho,li servin an areawith je.s.than!? Departinenf•ffnder § 26.89 ;45 v6gsyos}te. a.proceeding to remove the firms:•::'Jr:r. 250 000 populaUon)as required tomeet , ,;.•. przfr,45vo .zuc'r5'tt:prnavPzlC* certification: s ' in u.,°rq this re ulrement only to the extentii ,.I I g gj, a rocedures�d�i��e�'' 2. ,r(2) The concerned operatinge�a,9q,a feasible , :•tee In r .- , igI I ,jj a} /aril adml'nistratlon:mss[ proylde:youand : i, "', ?r ..'.9 S.'(a) Jneli 161) it omplalr�s;(1),O�y:cnq' the.firm a:noUce setting forth the ;'�ti.: ti' (I) Grounds for decision: You must.not. _g y t..ay-base a decision to remove eligibility on' ' period may�le,wlthyrou aFtv_iter�yml reasons for the directive. Including a complain• t.al�gg gg,lhaS,aq 'Qfl y[;lion relevant documentation or otherdri` :[I a reinterpretation or changed opinion of I cerilfi firtn,)s l)giblg+erJ-d, zfrir to i?) infoimatlomi• t-.::,. + 1 ]%tr .T.�o- information avatlable w. the recipient at he e rn (3) You must. Jmmediately,commence,i the time of its.certlfication of the firm. spec{lying gib eged reasons whY} q You may base such a decision only on firm is 1peligibagdYouare tiro(,requlred;o:, and prosecute.a proceeding -to remove •rt to accept a general allegation_ that a firm, eligibility as.provided by paragraph (b)': one or more_of.lhe following: Is ineligible or ananonymous.etdJ Lz' d • of this section. ?, ....,:.. (1) Changesin.thefirm's complaint. The complaint mayt�ncludc is (d) Hearing.,When you notlfy,a firm: circumstaneessince the certification of arty~''formation grargurrtrmsa F;,r.:5 :•_u that there is reasonable cause to remove the firm by the:recipient that renderthe ' 5iipporting the compla)naq%s,assenion Is its eligibility, as provided in paragraph'': firm unable to. meet the eligibility . iliatthe fjrm.ls; ineligiblecandshould nor: (a). (b). or (c) of:this section. you must standards of this part: 1 L ' Federal Register/Vol. 64. No. 21/Tuesday. February 2. 1999/Rules and Regulations 5143 fl Li H C C PJ fs, LI (2) Information or evidence not available to you at the time the firm was certified: (3) Information that was concealed or misrepresented by the firm in previous certification actions by a recipient: (4) A change in the certification standards or requirements of the Department since you certified the firm: or (5) A documented finding that your determination to certify the firm was factually erroneous. (g) Notice of decision. Following your decision, you must provide the firm written notice of the decision and the reasons for it. Including specific references to the evidence in the record that supports each reason for the decision. The notice must inform the firm of the consequences of your decision and of the availability of an appeal to the Department of Transportation under § 26.89. You must send copies of the notice to the complainant in an ineligibility complaint or the concerned operating administration that had directed you to initiate the proceeding. (h) Status of firm during proceeding. (1) A firm remains an eligible DBE during the pendancy of your proceeding to remove its eligibility. (2) The firm does not become ineligible until the issuance of the notice provided for in paragraph (g) of this section. (i) Effects of removal of eligibility. When you remove a firm's eligibility. you must take the following action: (I) When a prime contractor has made a commitment to using the ineligible firm, or you have made a commitment to using a DBE prime contractor, but a subcontract or contract has not been executed before you issue the decertification notice provided for in paragraph (g) of this section. the ineligible firm does not count toward the contract goal or overall goal. You must direct the prime contractor to meet the contract goal with an eligible DBE firm or demonstrate to you that it has made a good faith effort to do so. (2) If a prime contractor has executed a subcontract with the firm before you have notified the firm of its ineligibility. the prime contractor may continue to use the firm on the contract and may continue to receive credit toward its DBE goal for the firms work In this case. or in a case where you have let a prime contract to the DBE that was later ruled ineligible. the portion of the ineligible firm's performance of the contract remaining after you issued the notice of its inel igibil nv shall not count toward your overall goal but may count tons and the contract goo: (3) Exception: If the DBE's ineligibility is caused solely by its having exceeded the size standard during the performance of the contract. you may continue to count its participation on that contract toward overall and contract goals. Q) Availability of appeal. When you make an administratively final removal of a firm's eligibility under this section. the firm may appeal the removal to the Department under § 26.89. § 26.89 What Is the process for certification appeals to the Department of Transportation? (a)(1) If you are a firm which is denie certification or whose eligibility is removed by a recipient, you may make an administrative appeal to the Department. (2) If you are a complainant in an ineligibility complaint to a recipient (including the concerned operating administration in the circumstances provided in § 26.87(c)). you may appeal to the Department if the recipient does not find reasonable cause to propose removing the firm's eligibility or. following a removal of eligibility proceeding. determines that the firm Is eligible. (3) Send appeals to the following address: Department of Transportation. Office of Civil Rights. 400 7th Street. SW. Room 2401. Washington. DC 20590. (b) Pending the Department's decision in the matter, the recipient's decision remains in effect. The Department does not stay the effect of the recipient's decision while it is considering an appeal. (c) If you want to file an appeal. you must send aaetter to the Department within 90 days of the date of the recipient's final decision, including information and arguments concerning why the recipient's decision should be reversed. The Department may accept an appeal filed later than 90 days after the date of the decision if the Department determines that there was good cause for the late riling of the appeal. (I) If you are an appellant who is a firm which has been denied certification, whose certification has been removed, whose owner is determined not to be a member of a designated disadvantaged group. or concerning whose owner the presumption of disadvantage has been rebutted, your letter must state the name and address of any other recipient which currently certifies the firm. which has rejected an application for certification from the firm or removed the firm's eligibility within one year prior to the date of the appeal. or before d which an application for certification or a removal of eligibility is pending. Failure to provide this information may be deemed a failure to cooperate under § 26.109(c). (2) If you are an appellant other than one described in paragraph (c)(1) of this section. the Department will request, and the firm whose certification has • been questioned shall promptly provide. the information called for In paragraph (c)(1) of this section. Failure to provide this information may be deemed a failure to cooperate under § 26.109(c). (d) When it receives an appeal. the Department requests a copy of the recipient's complete administrative record in the matter. If you are the recipient, you must provide the administrative record. Including a hearing transcript, within 20 days of the Department's request. The Department may extend this time period on the basis of a recipient's showing of good cause. To facilitate the Department's review of a recipient's decision, you must ensure that such administrative records are well organized, indexed, and paginated. Records that do not comport with these requirements are not acceptable and will be returned to you to be corrected immediately. If an appeal is brought concerning one recipient's certification decision concerning a firm, and that recipient relied on the decision and/or administrative record of another recipient, this requirement applies to both recipients involved. (e) The Department makes its decisioi, based solely on the entire administrative record. The Department does not make a de novo review of the matter and doe' not conduct a hearing. The Department may supplement the administrative record by adding relevant Information made available by the DOT Office of Inspector General: Federal. state, or local law enforcement authorities: officials of a DOT operating administration or other appropriate DOT office: a recipient: or a firm or other private party. (I) As a recipient, when you provide supplementary information to the Department. you shall also make this information available to the firm and any third -party complainant involved. consistent with Federal or applicable state laws concerning freedom of information and privacy. The Department makes available, on requc•s: by the firm and any third -party complainant involved, an' supplementary information it receive; from any source. (I) The Department affirms your decision unless it determines, based on the entire adnm in is' rat i%c record. than your decision is unsupported by I 07/19/00 WED 12:49 FAX 8177775oe7 ASW-9 QoI ATTACHMENT #3 F�xe o PERSONAL FINANCIAL STATEMENT LL BUSINESS ADMINISTRATION As of •19 Co' Ig •tfiT3, .." .. dt 4 _� .. } [t<IryR:: " 204G tl�iPi ie ii5ler�l:1 y e7icn'�'e rel ' ar(�er, i5. (a) e1s a+a 1� a�ppd��tt ppgg ��trrYYse l . Q0N�i b4eoLv: ' 81'uei�onl5eltlily Nerve Business Phone Residence Address ' 'Residence Phone City. State, & Zip Code .--- ---- —.— Business Name of ApplcanUBonower Cash on hands & in Bank& ----------------$ _______________ Accounts Payable.......................... S. _ _ Savings Account; ......................S ......... . ..... . . . S Notes Payable to Banks and Other= S_ .. , . _ _ _ . . _ _ . IRA or Other Retirement Account_ , , , _ . _ . _ , , $ _ __ (Describe in Section 2) _ . Aunts 8 Notes Receivable ... . ......... S.... Installment Account (Auto).................... Life Insurance -Cash Surrender Value Only , . $ _ _ Mo. Payments 1 S_ _ (Complete Section 8) ____ Instamment Account (Other) S Stocks and Bonds ...................... S__ .. _ _ .... _ ..... _ Mo. Payments S_ _____ __ (Describe in Section 3) _ Loan an Life Insurance ......... Real Estate ...........................$ Mortgages on Real Estate....... S_ (Describe in Section 4) _............ __ (Describe in Section 4) Avtomoblle.Present Value ................$___ _ Unpaid Taxes S_ __ _ ............................. Other Personal Property .................S.. (Describe in Section 6) (De3cr1bo in Section 5) Other Liabdltles Other Assels .................... . ..... S_ (Deacrlba in Section 7) _ _ (Describe in Section 5) Total Liabilities.... S_ ......................... Net North :.............................. Total $ I Total f Salary ............................... $ _,_ As Endorser or Co -Maker.................... S_ Net Investment Income ... . ............. . . S _, Legal Claims B Judgmenh ................... $ _ _ Real Estate Income ...... . . . . .. . . ... . . f Provision for Federal Income Ta:. Odror income (Describe below):. S _ _ Other Spodel Debt • , f_ o¢5rnp tortlol(• "E'yln j(t - Xrardb'17 '•4 �: �, ,I. a.:h �� r ,_ [r _ ._. _ ��.1y_ �yt�r.. A. 1 \.. 1 .4'1Y';����." ..V . �. Lr1l •�K�����Y�d����"1:� � \ A 1,.. �... . 4` ��..✓. .. M s ' •f: .rte C . V .l:i--� NaTe`ande Addresi�of,Noi d ,: vms stgtemerp-a ��r k �9a noS., d spnevy r ark IBe -} t+' .-- , , • ._ v' Y� `� L ,• . Y- � f"T6 I r may 'Alfi ha _:r(mdn o)�fi'{ *______ 5eA Form 413 (2-94) Use 5.91 Edition until stock is e,heucled. Rel: SOP 50-10-d 50.30 I Iv. Icnn w,, nc'-"y DgeSjc,o by Cit. r.d\nl FvTn. Inc `•'— "�� V _—"_ • (tumble) ' 414 City of Fayetteville j5 q /r75 Staff Review Form City Council Agenda Items 71 /JAe_11t0Jjr149f Contracts fiYl� NA City Council Meeting Date Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Approve Change Order #2 to Contract #956 with APAC - McClinton Anchor APAC - Arkansas, Inc., PO Box 1367, Fayetteville, AR, 72702-1367, phone: 521-3550, fax: 521-2826, in the amount of $15,283.58. $15,283.58 Cost of this request 5550.3960.7820.32 Account Number 04025.1 Project Number Budgeted Item �X $ 105,690.00 Category/Project Budget $ 88,554.00 Funds Used to Date $ 17,136.00 Remaining Balance Budget Adjustment Attached EJ Taxiway A Development Phase II Program Category / Project Name Airport Capital Improvement Program I Project Category Name General Government - Airport 2tWl=F7'1i - rite wr /Previous Ordinance or Resolution # 110-04 4) at Original Contract Date: 7/20/2004 Original Contract Number: 956 City Attorne �! A / Received in City Clerk's Office SCI S f--aY a os ainanc and Internal Service Director Date :. • t, 1 r ��. J� — Ike M • '0:� City Council Meeting of: N/A Agenda Item Number: CITY COUNCIL AGENDA MEMO TO: Mayor THRU: Staff/Contract Review FROM: Ray M. Boudreaux, Director, Aviation and/Economic Development DATE: April 29, 2005 SUBJECT: Change Order #2 to contract with APAC-McClinton Anchor for construction of Taxiway A and E extensions in association with the Forest Service project to increase total construction contract cost by $15,283.58. RECOMMENDATION: Approve and execute by signature of the Mayor, change order #2 to contract #956 with APAC- McClinton Anchor Arkansas to increase the construction contract amount by $15,283.58. BACKGROUND: This is the final reconciliation Change Order for the Taxiway A and E extension project and increases the construction contract by $15,283.58. Total project cost remains within original budget as engineering costs were less than budgeted Recommend the Mayor sign Change Order #2. BUDGET IMPACT: This Change Order #2 increases the contract for construction but does not increase the total project budget. This is a final reconciliation change order and reflects actual quantities and costs. Attachments: Change Order #2 Contract review form Aviation and Economic Development Department Fayetteville Municipal Airport. Dtake Field 4500 South School Avenue. Suite F Fayetteville. Arkansas 72701 Nay M. Fbudreaux, Director Project Name: Extend Taxiway A Phase II Vendor: Arkansas Democrat Gazette Purchase Order #: 04-2265 Date: Check # Current Payment Balance 30 -Jul -04 329290 850.00 0 Project Name: Extend Taxiway A Phase II Project #: 03013.1 Task Order #4 Vendor: McClelland Engineering Purchase Order #: 04-1752, 05-630 Resolution # 51-04 Contract #: # 917 Fixed asset # State Grant # Amount Contract Amount: 84,110.00 Amendment #1 Contract Total: 84,110.00 Date: Check # Current Payment Geo/Mat Test Balance 21 -Jun -04 327554 7,800.00 76,310.00 9 -Aug -04 329971 22,090.00 54,220.00 13 -Sep -04 331455 1,495.50 52,724.50 25 -Oct -04 333050 261.25 52,463.25 29 -Nov -04 334225 17,572.50 34,890.75 29 -Nov -04 334225 182.50 34,708.25 29 -Nov -04 334225 273.75 34,434.50 21 -Dec -04 335056 3,006.25 31,428.25 21 -Apr -05 Submitted 14,292.00 17,136.25 Final Invoice Close PO 17,136.25 17,136.25 17,136.25 17,136.25 17,136.25 Tot Paymnts 63,250.00 3,723.75 66,973.75 Project #: 04025.1 Vendor: McClinton Anchor APA Arkansas Inc Purchase Order #: 04-2842, 05-638 Resolution # 110-04 Contract # 956 Fixed Asset # Contract Amount: 607,078.90 Change Order #1: (80.50) Change Order #2: 15,283.58 Submitted Staff Review 4/29/05 Contract Tc Date: 25 -Oct -04 29 -Nov -04 18 -Jan -05 24 -Feb -05 Totals tal: Check # 333051 334226 335886 Submitted 622,281.98 Expense 198,560.87 199,260.20 134,916.22 89,544.69 622,281.98 Retainage Payment (19,856.09) 178,704.78 (19,926.02) 179,334.18 (13,491.62) 121,424.60 (8,954.47) 80,590.22 (62,228.20) 560,053.78 TOTAL PROJECT EXPENSE: 627,877.53 Project Balance 443,577.20 264,243.02 142,818.42 62,228.20 62,228.20 62,228.20 62,228.20 62,228.20 MCE ONSU ING Ol.SIGNED rO npvti ENGINEERS. /N April 28, 2005 1'O. Box 1229 Fayetteville, Arkansas 72702.1229 479-443-2377 FAX 479-443-9241 Mr. Ray Boudrea x I RECEIVED Airport Depart nt ;WT City of Fayettille 113 West untainFayetteville, AR 72701 RE: Taxiway "A" & "E" Extensions Fayetteville Municipal Airport AIP 3-05-0020-032-2004 Dear Mr. Boudreaux: Enclosed please find four (4) copies of Change Order No. 2 for this project for reconciliation of the actual quantities used for this project versus the bid quantities. The reason for the increase in construction cost over the bid amount is that the quantity for Bid Item No. 12 was transposed when entered into the Proposal Form. The project quantities and cost estimated each includes the larger quantity amount. This results in an increase to the construction cost of $15,283.58. The final engineering cost for this project was $66,973.75 and is under the contract amount of $84,110.00, thereby saving an amount of $17,136.25. The project is still under the overall budget by at least $1,850.00. Please return one copy to our office and one copy to the Contractor. If there are any questions regarding this change order, please contact us. Sincerely, McCLELLAND I�YV V Av .E. Vice PreMfdent ULTING ENGINEERS, INC. Enclosure: Change Order No. 2 (4 copies) J12004\0421 t0\correspondence\Boudreaux-0413.wpd: CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: Taxiway "A" Extension and Taxiway "E" OWNER: City of Fayetteville (Aimort Department) CONTRACTOR: APAC-Arkansas Inc. McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: April 13.2005 July 20, 2004 1. Adjust the original Plan Quantities to the actual quantities used for the project to date as detailed on the attached page 2 of this Change Order. Add cost of $15,238.58 to contract. Justification: 1 Reconcile the original plan quantities to the actual quantities used to date for this project. The quantity for Bid Item 12 for the 11 Portland Cement Concrete Pavement was transpose and resulted in 900 Square Yards less than the quantity calculation and the quantity included in the project cost estimates. 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 $_606,998.40 $_15,283.58 $ 622.281 98 150 Calendar Days 30 Calendar Days February 17, 2004 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 required by the GENERAL CONDITIONS. Requested by: Recommended by: Approved by: J-\2004\042 710korresponder 8N C 3 D F C y C- o - c C C C T n',x rrrmmmm7r,—rmtnmMmmrDr,—N�rrNf�n('1t�f�nr TTT DDD D V1T r,T D-CDDDDTnTv:{/TT{{{{{{{tn _- @3 - w a�wiNy� in m —w ww -- A A ww6, N Xw N to 6,C 6s wwwww U D d w U A U A w w w A J ,D �- P N- w w U V A (/� w w-- - w- . p n- A- fm[ J 9 Y n t OSOOOU LM OO SOO O SC U OO USOO N La O ttnn ti, OO U ujS W yM y CL N N O D J N tJ - N- A N- - N a W- W T' O fD N N U C-- OS C SU O C O - N N W W 000 C O W OOO SOOO SS O- OO- k A O) C K C d JC aw a w- w w w w - www w - w �' w- N 3 0' m o U X A w A P A N w w w w w J U w N N P lA N N C m ID a o x N— N U A N— X N J W W W J— J AO W �p J— A X N— X W C J P X O P J N O L' v7 — X N C P X J oo N J P P P J O X D P N X J P — 1 v J O U A C S O 0 ^ Q O O r O O Q 0 0 0 A Q - O U O O U O Q Q O O Q oD 1 a a_ -aw_� in �'v °"iwwwwww wwwo.www wwwwwwwL.J x=oO� ?OOOCO00U 0 wm 0000 000 p0000CpOO�UNO'«OAPNAV�A000000 S O 0000 O O C N C O O A O Oo X O O O O Clarice Pearmari _APAC signature Page 1 From: Clarice Pearman To: Nicholson, James Subject: APAC signature This is confirmation that we spoke regarding the signature of APAC missing from one of four originals of the change order. You have informed me that it is not necessary to get that signature since it is on the others and that a copy will be sufficient for your purposes. Thanks. Clarice CHANGE ORDER Agreement Date. A ril 13 2005 Jul 2p 2004 ENg. the made to CONTRACT DOCU T s detailed on the ins to the actual quantities used for the P roject to date a Add cost of age Z of to contract. jor the The qUSflttt ` for this cutat on projefa,Os less than the quantity catI uantilfes to the actual quantitiand esuReda^e900 Square ,tile the original Plancrete Pavement v+a stransPose $ B0 998.40 ent Co it the project cost estimates. $ 15 d u°elquan ty included ICE Prior to this Change Order: 8228 4TCT PR 150 Calendar Da s RA price' a Order. Contract this Chang 3p Calendar Da s Increa e in TRAOT PRIG:Including Prior to This Change Order. Revised GON letion Time Change Order. Final Come From This Order. Resulting This change 17 2004 Time Change Februa Net TimDates Including Co Current Contract mpletion Completion Date'. calendar days by 30 or the PROJECT. RACT TIME sed) tdecress the scope of objective it it changeN°TRACT TIME w ill be tjncrea The CO roved by the pNDITIONS Changes ovats ReQuireprder must be 2 GENERAL c APP effective this be required by the Date or as may otherwise r Division Inclhcclinton Ancho !'� 0� ReQuested bY'. Recommended by: Approved by Inc - CHANGE ORDER Order No. Date: April 13 . 2005 Agreement Date: July 20, 2004 NAME OF PROJECT: Taxiway "A" Extension and Taxiway "E" OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc. McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust the original Plan Quantities to the actual quantities used for the project to date as detailed on the attached page 2 of this Change Order. Add cost of $15,238.58 to contract. Justification: 1. Reconcile the original plan quantities to the actual quantities used to date for this project. The quantity for Bid Item 12 for the 11" Portland Cement Concrete Pavement was transpose and resulted in 900 Square Yards less than the quantity calculation and the quantity included in the project cost estimates. 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 calendar days. $_606.99840 $_15,283,58 $ 622,281.98 150 Calendar Days 30 Calendar Days February 17, 2004 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 required by the GENERAL CONDITIONS. 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OJ P O— r' n y r V r aC P O— N r^. d v o r aC P C ry r Ll n r N ry ry r. ry N N ry N N .^. eq r1 N O U U 0 - rn G L z :v F G D ry dgm 0 I O N Clarice Pearman - APAC-McClinton Anchor CO2 & CO3 Page 1 From: Clarice Pearman To: Boudreaux, Ray Subject: APAC-McClinton Anchor 0O2 & CO3 Ray, Attached is a copy of the change orders for McClinton -Anchor. I am returning signed originals via interoffice mail for both. Thanks. Clarice CC: Deaton, Vicki