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HomeMy WebLinkAbout174-07 RESOLUTIONRESOLUTION N0.174-07 A RESOLUTION APPROVING A CONTRACT WITH TIME STRIPING, INC. IN THE AMOUNT OF $59,000.00 TO RE -PAINT THE AIRFIELD MARKINGS AT THE FAYETtEVILLE MUNICIPAL AIRPORT, DRAKE FIELD, APPROVING A 5% CONTINGENCY IN THE AMOUNT OF $3,498.00; ACCEPTING AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $73,448.00; AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Time Striping, Inc. in the amount of $59,000.00 to re -paint the airfield markings at the Fayetteville Municipal Airport, Drake Field. 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 5% contingency in the amount of $3,498.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts an Arkansas Department of Aeronautics Grant in the amount of $73,448.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment to recognize the grant revenue. r `K/TR LA ,\Z Y O '.. . PASSED and APPROVED this 2nd day of October, 2007. )• • :FAYETTEVILLE• APPROV •: ATTEST: " � sys'g?(AN`A; ). /11 / I �T ! ��"Daum %C%%` By: 1 %. �. By: �.. � , DAN COODY, Mayor . SONDRA E. SMITH, City Clerk/Treasurer CONTRACT • THIS AGREEMENT, made and entered into on the )41/4c1 day of October 2007, by and between Time Striping, Inc. , herein called the Contractor, and the City of Fayetteville: WITNESSETH: That Time Striping, Inc. , for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That Time Striping, Inc. , 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: Airfield Pavement Restriping, Fayetteville Municipal Airport, Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond • Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 3 Sheets 2. That the City of Fayetteville hereby agrees to pay to Time Striping, Inc. 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 Fifty Nine Thousand Dollars ($59,000.00). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 60 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 Time Striping, Inc , 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 Time Striping, Inc. , agree that as liquidated damages for delay (but not as a penalty) Time Striping, Inc , shall pay City of Fayetteville Four Hundred Dollars ($100.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to Time Striping, Inc. , on the basis of a duly certified and approved W:\2007\072150 DRAKE F]ELD\SPECS\00500.DOC • Section 00500 - 1 estimate of work performed during the preceding calendar month by Time Striping, Inc. 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 Time Striping, Inc , of evidence satisfactory to the City of Fayetteville that all payrolls material bills, and other costs incurred by Time Striping, Inc. 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 Time Striping, Inc. , 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, Time Striping, Inc. , 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 Time Striping, Inc. , 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. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, Time Striping, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. W:\2007\072150 DRAKE FIELD\SPECS\00500.DOC Section 00500 - 2 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. ATTEST: Darh.ito_- City Clerk - . ``....K/7Rt .% •... • S .U' .•,3•= E : FAYETTEVILLE: ZL 1 /(ASGOJ�';:a • W:\2007\072150 DRAKE FIELD \SPECS\00500.DOC TIME STRIPING, INC. CITY OF FAYETTEVILLE Section 00500 - 3 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2007 Department: General Government Division: Aviation & Economic Development Program: Airport Capital Expenditures Date Requested 8/17/2007 Adjustment Number Project or Item Added/Increased: $59,000 in the Contract Services account Project or Item Deleted/Reduced: $ None. To recognize grant revenue from the Arkansas Department of Aeronautics. Justification of this Increase: Will provide for re -painting of the airfield markings. Justification of this Decrease: The project is 90% funded by grant funds. 10% local matching funds have been bugeted. Account Name Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Contract services AVGAS Account Name Project Number 5550 3960 5315 00 62,498 06021 1 5550 3940 5213 03 10,950 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount State grants 5550 .0955 6805 00 Project Number 73,448 06021 Approval Signatures 1 Reques Departm nt Director Finance & Internal Sery Mayor Budget Office Use Only Type: A B C Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial r Date Initial Date Initial Date Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 10/2/2007 City Council Meeting Date Aviation & Economic Development General Government Division Action Required: Department Action Required: Approve a contract with Time Striping Inc., Contact John Townsend, PO Box 1236, Van Buren, AR 72957, 479-474-0452, to re -paint the airfield markings. Approve receipt of a grant in the amount of $73,448 which includes the Engineering fee ($10,950) and a 5% project contingency ($3498).. Bid #07-67 62,498.00 Cost of this request 5550.3960.5315.00 Account Number 06021 1 Project Number Budgeted Item 10,950.00 Sery / Chrgs Program Category / Project Name 10,950.00 Airport Capital Expense Funds Used to Date Program / Project Category Name Airport Remaining Balance Budget Adjustment Attached Fund Name X Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: City Attorney / ' Date `7- IT -07 Finance and,lt3ternal Service Director Mayor Date Date Received in City Received in Mayor's Offi City Council Meeting of October 2, 2007 Agenda Item Number. CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor and City Council THRU• Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Economic Develor ent DATE: September 14, 2007 SUBJECT: Award of Airfield Striping Project to Time Striping in th ' amount of $59,000.00 and acceptance of Arkansas Department of Aeronautics 100° , Grant to pay for the project. RECOMMENDATION: Award Airfield Striping Project to Time Striping Inc. in the amount of S59,000.00 and approval of Department of Aeronautics 100% grant proceeds to pay for the project. Total grant amount including engineering, project oversight and 5% contingency $73,448.00 BACKGROUND: The FAA Certification Inspection for 2006 and 2007 revealed that the airfield pavement markings needed to be repainted. The most recent inspection revealed that the reflective beads had deteriorated to a marginal condition. The paint must be redone. Task Order #2 was issued and the design was finalized by McClelland Consulting Engineers and the project advertised for bids through the Purchasing Department. Application has been made to the Arkansas Department of Aeronautics for a 100% grant for the project. No matching airport funds will be required if the project is approved by the Aeronautics Commission at their September 18, 2007 meeting in Ft. Smithat the annual AAOA Conference. The bids were well below the engineering estimate of '1.:5,000.00 which makes the project eligible for the 100% grant program. DISCUSSION: Two bids were received Hi -lite Markings, Inc. submitted a bid for $78,450. Time Striping, Inc. submitted the low bid, $59,000. The Engineer's estimate was $85,000. BUDGET IMPACT: This project will utilize State SAAG program funding for I00% of the project if approved by the Aeronautics Commission. Attachments: Grant Application to Arkansas Aeronautics Staff Review Form Budget Adjustment 46, 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 APPROVING A CONTRACT WITH TIME STRIPING, INC. IN THE AMOUNT OF $59,000.00 TO RE -PAINT THE AIRFIELD MARKINGS AT THE FAYETTEVILLE MUNICIPAL AIRPORT, DRAKE FIELD; APPROVING A 5% CONTINGENCY IN. THE AMOUNT OF $3,498.00; ACCEPTING AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $73,448.00; AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Time Striping, Inc. in the amount of $59,000.00 to re -paint the airfield markings at the Fayetteville Municipal Airport, Drake Field. 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 5% contingency in the amount of $3,498.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts an Arkansas Department of Aeronautics Grant in the amount of $73,448.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment to recognize the grant revenue. PASSED and APPROVED this 2nd day of October, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor ' SONDRA E. SMITH, City Clerk/Treasurer MCECONSULTING McCLELLAND /IDES I G N EDTTO IS ER VEV7 ENGINEERS, INC. 1810 N. College Avenue P.O. Box 1229 Fayetteville, Arkansas 72703 / 72702-1229 PHONE: 479-443-2377 FAX: 479-443-9241 September 14, 2007 Mr. Ray Boudreaux Airport. Department City of Fayetteville 4500 S. School Ave., Suite F Fayetteville,_ AR 72701 Re: Airfield Pavement Restriping Fayetteville Municipal Airport, Drake Field Dear Mr. Boudreaux: Bids were received on the above referenced project on Friday, September 14, 2007, with two Contractors submitting a bid for this project. The low bidder is Time Striping, Inc., of Forth Smith, Arkansas, in the amount of $ 59,000.00 for the Total Bid amount. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost is also attached andwas in the amount of $ 85,000.00. The Bid amount is below the estimated project construction cost. - We have worked with Time Striping, Inc., on several Drake Field airport projects and have always had very excellent results. We recommend the City accept the low bid submitted by Time Striping, Inc. for the Total Bid in the amount of $ 59,000.00. If- there are any questions regarding the bids or this recommendation, please contact us. Sincerely, Mc LLAND CON ING ENGINEERS, INC. l l Jayne Jra e ice Presi.j• nt . Enclosures: Bid Tabulation W:120071072150 Drake Field \Gorreslbourdreaux-0914 wpd:wj 0 Z re ▪ L- N W to Q O O K N >- ▪ a LL W ' C 1- O * O a Z > 0 E 0 d ti EL m da` 0 N CO W U LL T. E IT. 1< Q Time Striping, Inc. Extended 0 0 00000 r M 0 0 cd 0 0 0 O Cr) 0 0 trir 0 r Vi TOTAL BID $78,450.00 1 I $59,000.00 A Unit Price O O 0 O O O O 0 O O CO O O 0 O it M e9 O O 0 O O rif) 49 O O 0 O O Ca W HI -LITE MARKINGS, INC. Extended 0 O O 1- N. 69 0 O O O O r 0 O O O N a 0 O O � W r 0 O O in tsq Unit Price 0 0 O O t• -:O 0 0 O O 0 0 0 O O o N el 0 0 O O r N Hi 0 0 O In cOD to ?I J LS LS LS LS I Si 4a r r r r r Item # Description Mobilization & Demobilization Runway Rubber Removal (Approx.15,200 SF Runway Marking Restriping (Approx. White 82,700 SF) Taxiway Marking Restriping (Approx. Yellow 13,560 SF, Black 26,180 SF Chevron Marking Restriping (Approx. Yellow 300 SF, Black 55 SF) N M V LO 0 v V 072150 Bid Tab Y t FettevtyARKANSAS e AVIATION & ECONOMIC DEVELOPMENT FAYETTEVILLE MUNICIPAL AIRPORT • DRAKE FIELD August 31, 2007 Mr. John Knight, Director Arkansas Department of Aeronautics One Airport Drive, 3rd Floor Little Rock, Arkansas 72202 RE• GRANT APPLICATION, Airfield Re -striping Dear Mr. Knight; Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for a 100% grant funding on a project to undertake Airfield Re -striping for all Runway and Taxiway markings. Fayetteville Municipal Airport requests funding of a maximum amount of $73,448 Arkansas Department of Aeronautics funding. Total project cost is estimated at $73,448 which includes the $10,900 in design and construction oversight, and a 5% contingency amount. Fayetteville Municipal Airport respectfully requests your consideration of this grant application, and to be included on the agenda of the Aeronautics Commission board meeting in September, 2007. Your assistance in this matter is greatly appreciated. Please contact me if you would like further information, or have any question concerning this application. Ray M. Boudreaux, Directo Aviation & Economic De • lopment RB:jn. Enclosures:\2\ Grant Application, 2 copies Plans / drawings Cost estimate 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • www.accessfayetteville.org/governmentfaviation airport_economic_development@ci.fayetteyille.ar.us State Airport Aid Application — Page 1 The City/County of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Arkansas, Washington county Date of Request: August 31, 2007 Name of Airport: Fayetteville Municipal Airport / Drake Field (FYV) Name and address of City/County Commission sponsoring request: City of Fayetteville 113 W Mountain Fayetteville AR 72701 Phone Number: Fax Number: Name and address of Engineering Firm (if applicable): McClelland Consulting Engineers Inc. PO Box 1229 Fayetteville AR 72702 Person to Contact about project: Ray M. Boudreaux 4500 S School Ave. Ste F Fayetteville AR 72701 Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: Wayne Jones Phone/Fax Number: 479-443-2377 Describe the work to be accomplished: Airfield re -striping project. Repaint all airfield markings as specified m the attached drawing State and Local Project Costs. Please indicate: 50-50% Match 80-20%Match 90-10% Match (l00%) Total Cost of Project 73,448.00 Local Share/Funds Local Share/In-Kind State Share 73 448.00 Federal AIP Projects: AIP Number: 95-5% Match 90-10% Match Total Cost of Project: Federal Share: State Share: Local Share: 7-1-07 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: State Funding: Arkansas Department of Aeronautics Local Funding: City of Fayetteville — Airport fund Source of In -Kind Services: N/A Estimated starting date of project: October 2007 Estimated completion date of project: December 2007 Project will be for. New Airport X Existing Airport Is land to be leased or purchased? No Description of land and cost per acre: N/A Provide the Federal AIP Grant Number (if applicable): State Legislators for your area: State Senator: Sue Madison State Representative: Marilyn Edwards & Lindslev Smith 7-1-01 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport. In application fora new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated retum on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case-by-case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport All grant applicants (City and/or County) are totally responsible for compliance with all Federal, State, County, and City laws, Statutes, Ordinances. Rules, Regulations, and Executive Orders concerning contracts and purchases for which this grant is approved and issued. It is understood and agreed that should the sponsor fail to start this project within three (3) months of the Arkansas Department of Aeronautics' date of acceptance, that this grant is null and void. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Funds are contingent upon the Department's biennium appropriation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this 31st day of August 2007 Authorized Signa Ra M. Boudreaux D tor 7.1-07 Qi A CO N Item # Description Qty. ,7 TOT,I BID 1 1 $78,450.00 1 1 $59,000.00 1 Chevron Marking Restriping (Approx. Yellow 300 SF, Black 55 SF) Runway Marking Restriping (Approx. White 82,700 SF) Taxiway Marking Restriping (Approx. Yellow 13,560 SF, Black 26,180 SF 1 Runway Rubber Removal (Approx.15,200 SF Mobilization & Demobilization LS LS LS LS co C z o) W (T O 0 0 6909 -s P CO N V O O O O O 0 0 0 0 a O O O O 0 0 Unit Price HI -LITE MARKINGS, INC. t» J 0 O O 0 0 ea N O 0 0 to to CO N 0 0 O O 0 0 0 0 01 V 0 O 0 0 Extended 6 O 0 O 0 0 $34,000.00 I $15,000.00 E9 CO O O O O O (9 O O O O O Unit Price Time Striping, Inc. 69 O O 0 O O 0 o O O 0 49 0 O O 0 0 O O 0 Extended 69 0 O O O 0 0 O 0 MIKE BEEBE GOVERNOR Commissioners Marion Burton Linle Rock Dr. Gene Jines Little Rock Charles Simmons Rogers Don Ruggles Texarkana Lindley Smith Jonesboro Ken Johnson Pine Bluff Dr. William Morgan Paragould STATE OF ARKANSAS DEPARTMENT OF AERONAUTICS Little Rock Natio al Airport • One Airport Drive • 3rd Floor Little Rock, Arkansas 72202-4402 Telephone: (501) 376-6781 • Fax: (501) 378-0820 September 24, 2007 Mr. Ray Boudreaux, Director Fayetteville Municipal Airport 4500 South School Avenue Suite F Fayetteville, Arkansas 72701 Dear Mr. Boudreaux: RECEIVED SEP 2 8 2007 CITY CITY CLERKS OFFICE JOHN K. KNIGHT DIRECTOR SEP 2 8 2007 The Arkansas Department of Aeronautics Commission in their meeting of September 18, 2007 approved the Grant # 2542-07 request for the cap amount of $73,448.00 available under the Department of Aeronautics 100% grant matching funds program. *Please note this proiect must be completed with all completed and related paperwork for this grant amount received by May 31, 2008 be used to remark all airfield pavement at Drake Field. Your grant has been assigned a number for identification purposes. Please use 2542-07 as your grant number when corresponding with our office concerning your project. You should advise the Director of this office if you find you will not be able to complete the project for the amount approved. An amendment request for the project may then be acted on at the next Commission meeting. The Commission will not be responsible for any additional project costs unless the sponsor has received notification in advance. The Commission has asked that we call your attention to Page Three (3) of your application for State Airport Aid. You agreed, when the application was submitted to start the project within three months after approval or the grant would be null and void. The next to the last paragraph requires that the project be completed within one year unless it is partially funded by the Federal Aviation Administration (FAA). Please advise if circumstances beyond your control prevent the completion within the allotted time, otherwise, the grant may be canceled. Payment of this grant may be made on completion of the project. Please request payment of this grant in writing and include your documentation for the project at that time. 1 ohn K. Knight Director JK/nb (10.22.07) Clarice Pearman - Res. 174-07 Page 1 From: Clarice Pearman To: Boudreaux, Ray Date: 10.22.07 5:48 PM Subject: Res. 174-07 Attachments: 174-07 Time Striping Inc.pdf CC: Audit; Fell, Barbara Ray: Attached is a copy of the above resolution and contract approved by the City Council, October 2, 2007. I will forward to Budget & Research the original budget adjustment. This will also serve as confirmation that you picked three of the four original agreements on 10.12.07. The mayor missed signing the budget adjustment so I have to send back over for signing. It's like pulling teeth sometimes. Have a good day. Thanks. Clarice • • • • • • CONSTRUCTION SPECIFICATIONS' Airfield pavement Restriping • FAYETTEVI L LE MUNICIPAL AIRPORT • Drake Field FAYETTEVILLE, ARKANSAS BID NO: 07-67 • o`,�� OF ., . 4'. M C: r ;111:111;641:61... e`erto C NSU11ING• a- . NC-NEF;OW 9% N- ..24 . 1. Ansta • R t f• • `- OBs/�sd To Ssrv� r - f McClelland Consulting Engineers, Inc, 1810 North College, P.O. Box 1229 Fayetteville; Arkansas 72702-1229- (479) 443 `2377„Fax (479) 443-9241 • • CONSTRUCTION SPECIFICATIONS FOR Airfield Pavement Restriping TO FAYETTEVILLE MUNICIPAL AIRPORT Drake Field FAYETTEVILLE, ARKANSAS BID NO. 07-67 FY072150 AUGUST, 2007 Prepared By: Oeslg�¢d To S¢i-v¢� McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377, Fax (479) 443-9241 TABLE OF CONTENTS SECTION Notice to Contractor Instructions to Bidders Proposal Bid Bond Notice of Award Contract Notice to Proceed Performance and Payment Bond Equal Employment Certification Wage, Labor, EEO, & Safety Requirements Federal Wage Decision General Provisions Section 10. Section 20. Section 30. Section 40. Section 50. Section 60. Section 70. Section 80. Section 90. Section 100 Section 110 (FAA Standards, as revised for this project) Definition of Terms Proposal Requirements and Conditions Award and Execution of Contract Scope of Work Control of Work Control of Materials Legal Relations and Responsibility to Public Prosecution and Progress Measurement and Payment . Contractor Quality Control Program . Method of Estimating Percentage of Material Within Specification Limits (PWL) , Special Provisions General Description of the Project Coordination of the Work Safety Requirements and Construction Procedures PAGE NO. 1-3 1-7 1-8 1-2 1 1-3 1 1-2 2-2 1-2 1-5 6-9 10-11 12-15 16-21 22-24 25-32 33-38 39-45 46-52 53-58 1-24 1 1 1 1-8 C LI I I I I I I Li I I I I Li TABLE OF CONTENTS (Continued) SECTION Special Provisions (continued) Identification of "Engineer" Authority of Engineer Limitations of the Engineers Responsibilities Engineer's Visits to the Site Contractor's Examination Arrangement of Specifications and Plans Workmen Horseplay Insurance Subcontractors Contractor's Routine Access to Site Owner -Furnished Materials Quality of Plans Partial Acceptance Progress Schedule Contractor to Perform Construction Staking Work Done Without Lines and Grades Preservation of Monuments and Stakes Other Contractors Record Drawings Publicity Modifications and Waivers Standards Testing Payment for Stored Materials Cost of Plans and Specifications Ownership of Engineering Data Partial Sets of Plans and Specifications for Subcontractors Damage to Existing Facilities Reporting of Accidents Pre -Construction Conference Waterways Safety and Security Function of the Engineer and Relationship Between Engineer and Contractor Contractor's Responsibility Regarding Special Application Materials and Products Temporary Facilities Permits, Licenses, Laws, Ordinances Regulations and Taxes Excavation Safety PAGE NO. 4 1-24 8 8-9 9 9 10 10 10 10 .11-14 14 15 15 15 15 15-16 16 16 16 16-17 17 17 17 • 17 17-18 18 18 18 19 19 19 19 19 19 19-21 21 22-23 23-24 24 TABLE OF CONTENTS (Continued) SECTION PAGE NO. FAA Standard Specifications P-620 Runway and Taxiway Painting 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 1-4 I ' NOTICE TO CONTRACTORS '• Bid No. 07- 67 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 10:00 a.m. CDT., on September 14, 2007, for the furnishing of all tools and labor, and the performance of work to be completed in Airfield ' Pavement Restriping at Fayetteville Municipal Airport, Drake Field Work under this Contract shall include: Rubber Removal on Runway Markings, Restriping of the Runway Markings, Restriping of the Taxiway Markings, and Restriping of the Blast Pad Markings 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, 479-443-2377. The Plans and Specifications for Bid 07-67wi11 be at Southern Reprographics, 479-582-4022, and the Northwest Arkansas Plan Room, 479-750-7704, for ' viewing purposes only. All bids will be opened and considered at a meeting, to be held in Room 111 at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at 10_05 a.m. CST local time, on September 14, 2007, 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 maybe 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. Section 00030 - 1 I ' 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. IA!! 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. Section 00030 -2 I I The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. ' The 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. 1 Bid No. 07-67 1 1 Andrea Foren Purchasing Agent City of Fayetteville Fayetteville, Arkansas Section 00030 - 3 SECTION 00100 INSTRUCTIONS TO BIDDER PARAGRAPH NO./TITLE PAGE NO. ' 1. FORMAT........................................................................................................................... 1 2. SPECIFICATION LANGUAGE...................................................................................... 1 3. GENERAL DESCRIPTION' OF THE PROJECT............................................................ 1 ' 4. QUALIFICATION OF BIDDERS.................................................................................... I 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............................................................................................................... 5 15. RETURN OF BID SECURITY........................................................................................ 5 ' 16. AWARD OF CONTRACT............................................................................................... 5 17. BASIS OF AWARD......................................................................................................... 5 18. EXECUTION OF CONTRACT....................................................................................... 6 19. PERFORMANCE AND PAYMENT BONDS................................................................ 6 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND...................................6 21. PERFORMANCE OF WORK BY CONTRACTOR....................................................... 7 ' 22. TIME OF COMPLETION................................................................................................. 7 23. PROVIDING REQUIRED INSURANCE........................................................................ 7 24. TRENCH AND EXCAVATION SAFETY SYSTEM...........................................................7 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND.................................7 I I I I I I I I SECTION 00100 INSTRUCTIONS TO BIDDERS FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 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 W:\2007\072150 Drake\SPECS\00100.doc Section 00100-2 I Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING ' Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract ' Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and ' structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. ' Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Project Manual or Drawings is required and no refund will be made. ' The successful Bidder will be furnished two sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $100.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid. The total amount to be paid the Contractor shall be the total amount of the unit price items as adjusted based on quantities 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. W:\2007\072150 Drake\SPECS\00100.doc Section 00100-3 1 I 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, fine, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. ' The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the fine. 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. W:\2007\072150 Drake\SPECS\00100.doc Section 00100-4 I 14. BID SECURITY ' Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the ' Work is located, in the amount of 5 percent of the total amount of the Bids submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 60 ' days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. ' 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. 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 W:\2007\072150 Drake\SPECS\00100.doc Section 00100-5 I ' such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable ' bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. ' 19. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the ' payment of all persons supplying labor and materials for the construction of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by.the Owner. The Surety furnishing this bond shall have a ' sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its ' right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter ' substitute another Bond and Surety, both of which must be acceptable to Owner. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND ' The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. W:\2007\072150 Drake\SPECS\00100.doc Section 00100-6 I I I 21. PERFORMANCE OF WORK BY CONTRACTOR I I I I I Li 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. 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 oftime may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. The time allowed for the completion of the work is stated in the Proposal. 23. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the GENERAL PROVISIONS (amended in the SPECIAL PROVISIONS, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. 24. TRENCH AND EXCAVATION SAFETY SYSTEM In accordance with ACT 291 OF 1993 OF THE STATE OF ARKANSAS, Bidders must provide a separate price for trench and excavation safety programs in the space provided on the bid form. Failure to do so will subject the bidder to disqualifications. ' 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND In accordance with Act 190 of 1993 of the State of Arkansas, subcontractors shall provide to the ' General Contractor a performance and payment bond if the conditions of Section 1 of Act 190 are applicable to the project. J END OF SECTION I H W:\2007\072150 Drake\SPECS\00100.doc Section 00100-7 1 LJ PROPOSAL • TO DRAKE FIELD ' MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS BID No. 07 — 67 Project No. FY072150 ' Dated: August, 2007 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: City of Fayetteville Address: 113 W. Mountain Fayetteville, Arkansas 72701 Project Title: Airfield Pavement Restriping Engineer's Project No.: FY072150 Arkansas Contractor's Date: g_(3©1 License No.:Do I1Z2 p (4 Bidder: 1—Sn- e_ Sfr. ni a, fly. ' Address: P.Da,c 1236, Vai Ruren,AR 7Z'13 1 Bidder's person to contact for additional information on this Proposal: ' Name: ti u In .s e d Telephone: 1 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 W:\2007\072150 Drake\SPECS\00300.doc Section 00300-1 1 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 herebymade 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 ' insurance, Payment Bond, and Performance Bond as specified in these Documents. 4. BID BOND Enclosed herewith is a bid bond for-t�u_'kous°C " Collars ($ Z,4SQo0) 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. W:\2007\072150 Drake\SPECS\00300.doc Section 00300-2 I ' 7. ADDENDA ' The Bidder hereby acknowledges that he has received Addenda Nos. 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. PROPOSAL SCIDULE ' AIRFIELD PAVEMENT RESTRIPING BID ITEMS ITEM APPROX. UNIT NO. OUANITY ITEM: PRICE EXTENDED ' 1. 1 LS Mobilization & Demobilization $ 1, 0 OO.0° $j,pop0 J Otis +kousaaj /Dollars/LS ' (Words) 2. 1 LS Runway Rubber Removal $ Q. DOFF.° a $ 0 0 J ' (Approx.15,200 SF) EL4 4-Loucaj,J /Dollars/LS (Words) 3. 1 LS Runway Marking Restriping y 0 D 0 0 0$ (Approx. White 82,700 SF) ' TM,-+v-a,.r i- /Dollars/LS (Words) ' 4. 1 LS Taxiway Marking Restriping $ l S 00 $ 1S OOo. to (Approx. Yellow 13,560 SF, Black 26,180 SF) FP/Dollars/LS (Words) I ' W:\2007\072150 Drake\SPECS\00300.doc Section 00300-3 I 11 I I [_I I I [_] I I I H I I I 2. Components. As used in this clause, components means those ' articles, materials, and supplies incorporated directly into steel and manufactured products. ITEM APPROX. ITEM: NO. QUANTITY 1 LS Chevron Marking Restriping (Approx. Yellow 300 SF, Black 55 SF) Qnei-(joISca4.ct /Dollars/LS (Words) TOTAL SCHEDULE I BID (ITEMS 1 THROUGH 5) UNIT EXTENDED PRICE: $ LOO0.°° $ 00.°0 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. 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. I 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. I ' W:\2007\072150 Drake\SPECS\00300.doc Section 00300-4 (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- , (I) 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. ' The bidder 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. 1 Certification Regarding Foreign Trade Restrictions I I W:\2007\072150 Drake\SPECS\00300.doc Section 00300-5 I [1 I I [1 I I I 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. ' The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to ' the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. ' This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, ' cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and ' information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. I I ' W:\2007\072150 Drake\SPECS\00300.doc Section 00300-6 fl -J 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.) EZ t nn nr. [Q p, /1k Ayo - f ' t4 i//_o f}� 'E�fi/r'd or� Rooers 13. SURETY ' If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be ' (.Ve 5 / A S u rc-Iv Con a � v whose address is r� P,D, 8c>- Sk 7 S?ntt Fal(s S c.a-L D'gJ jta Street City State ' Zip Code ' 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. 15. BIDDER ' The name of the Bidder submitting this Bid is T m e .S v 1 D n O 7 c 7 doing business at ' Street Ci State Zip Code which is the address to which all communications concerned with this Bid and with the Contract I. shall be sent. The names ofthe 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: d./poi Attu <ecrc,fa (rrresurP I W:\2007\072150 Drake\SPECS\00300.doc Section 00300-7 I I I I I I E I C I F1 LJ I I I 11 I 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 (SEAL, IF CORPORATION) day of Sep jrhj,cr , 2007. Respectfully submitted, Business Address P.a.I ox123CUoa ,QK7z 1 s by II r c e lJras icQcn-'� Title The Bidder shall complete the following information for that portion of the work proposed to be completed by subcontractors on the following page. SUB- CONTRACTOR ADDRESS TYPE OF WORK DBE AMOUNT YES/NO ARKANSAS LICENSE NO. J\Int W:\2007\072150 Drake\SPECS\00300.doc Section 00300-8 G BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A310 KNOW ALL BY THESE PRESENTS, That wt. Time Striping, Inc. as Principal, hereinafter called the Principal, and the Western Surety Company of P.O. Box 5077 Sioux Falls, South Dakota . a corporation duly organized under the laws of the State of South Dakota . as Surety. hereinafter called the Surety, are held and firmly bound unto City of Fayetteville. Arkansas as Obligee. hereinafter tilled the Obligee, in the sum of Five Percent of Amount of Bid Dollars IS 5% of Bid ). for the payment of which sure will and truly to be made. the said Principal and the said Surety, bind ourselves, our heirs, executors. administrators, sucecssors and assigns, jointly and severally. firmly by thetc presents. WHEREAS, the Principal has submitted a bid for Bid 07-67, Airport Runway Restrioing NOW, THEREFORE, if the Obligec shall accept the bid of the Principal and the Principal shall enter into a Convict 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 surely for the ftithftd performing 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 Comma and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger an oust for which the Obligec may in good faith contract with another party to perform the Work covered by said bid, then this obligation shalt be null and void. otherwise to remain in full force and effect. Signed and scaled this 14th day of September 2007 Time Striping, Inc. (Seal) W�ilncss Nick W. Peters Attorney -in -Fact Western Surety Company IPOWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal oflicc in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint ' Benson A Cashion, Matthew K Cashion Jr, Nick W Peters, William H Griffin, Judy Schoggen, Cynthia L Trickey, Pamela K Hays, Individually 1 ' of Little Rock, AR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature I- In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of March, 2007. ' WESTERN SURETY COMPANY S�`EIy �wTvOAq)\ai_ - �lcy---- ' y / sQrM �O�v Paul . Bruflat, Senior Vice P¢sident State of South Dakota l ss County of Minnchaha 3 On this 19th day of March, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly swoon, did depose and say: that he ' resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given -by the Board of Directors of said corporation and that he signed his najic iereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ELL D. H DAKO $ November 30, 2012 S L NOTABY PUBLIC EAs i SOUTH DAKOTA i DKrell,—No y Public ' CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14thday of September 2007 ' WESTERN SURETY COMPANY W° s . En, pP q��e -ni4 P s 3V, i IL. Nelson, Assistant Secretary Form F4280-09-06 ' Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY„ I This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. ' Section 7. All bonds, policies, undertakings, Powers'of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other ' officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of. Attorney or other obligations of the ' corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 1 1 I. 1 1 1 1 1 1 1 II NOTICE OF AWARD TO: 1 PROJECT DESCRIPTION: "Airfield Pavement Restriping" The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated September, 2007 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. ' You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. 1 1 U ' By: this the day of , 2007 ' By ' Title Dated this_ day of 2007 City of Fayetteville Owner Ray Boudreaux, Airport Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged W:\2007\072 150\SPECS\00360.DOC Section 00360-1 I CONTRACT I rl C I I [1 I H Li I Li I THIS AGREEMENT, made and entered into on the4hd day of October 2007, by and between Time Striping, Inc. , herein called the Contractor, and the City of Fayetteville: WITNESSETH: That Time Striping, Inc. _, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That Time Striping, Inc. , 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: Airfield Pavement Restriping, Fayetteville Municipal Airport, Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 3 Sheets 2. That the City of Fayetteville hereby agrees to pay to Time Striping, Inc. 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 Fifty Nine Thousand Dollars ($59,000.00). The Work will be completed and ready for final payment in accordance with the General Conditions within 60 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 Time Striping, Inc. , 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 Time Striping, Inc. , agree that as liquidated damages for delay (but not as a penalty) Time Striping, Inc. , shall pay City of Fayetteville Four Hundred Dollars ($100.00) 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 Time Striping, Inc. , on the basis of a duly certified and approved W:\2OO7O72I5O DRAKE FIELD\SPECS\00500.DOC Section 00500 - 1 iii estimate of work performed during the preceding calendar month by Time Striping, Inc. , ' 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 Time Striping, Inc. _, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by Time Striping, Inc. , in connection with the construction of the work have been paid in full, fmal payment on account of this Agreement shall be made within 60 days after the completion by Time Striping, Inc. , ' 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, Time Striping, Inc. , 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 Time Striping, Inc. _, 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. I8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ' 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, Time Striping, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. 1 I I L ' W:\2007\072150 DRAKE PIELD\SPECS\00500.DOC Section 00500 -2 II II I I C I I I I I C I 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: TIME STRIPING. INC. �,/ By ,,. vl n/�//vt4-8�4y y(Ce 7l�C�C�de�v� Title ATTEST: CITY OF FAYETTEVILLE C1ty Clerk Dan Coody, Mayor \\11111I l llry„ U• ;FAYETTEVILLE; L h� �'�9s•• KANS . J NGTON . ' W:\2007\072150 DRAKE FIELD\SPECS\00500.DOC - Section 00500 - 3 ACORD„ CERTIFICATE OF LIABILITY INSURANCE OP ID J TIMES -2 DATE(MMIODIYYYY) I 10/22/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown -Hiller -Clark & ASSOC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5500 Euper Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 3529 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Smith AR 72913-3529 Phone: 479-452-4000 Fax:479-484-5185 INSURERS AFFORDING COVERAGE NAIC# INSURED Time Striping/ Inc.; Time Sandblas Ling Inc INSURERA'. State Auto Mutual INSURER B: Time Construction Services Inc Time Manufacturing, Inc. msuRERc P. 0. Box 1236 Van Buren AR 72956 INSURERD'. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF AMY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNY) DATE (MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000, 000 A X COMMERCIAL GENERAL LIABILITY PBP-2451267 07/17/07 O7/17/O8 X PREMISES(Eaoccurence) $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5 , OOO PERSONALSADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PR LOC Emp Ben. 1,000,000 A AUTOMOBILE LIABIUTY ANY AUTO BAP2190799 . O7/17/O7 O7/17/O8 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY. AGG ANY AUTO $ EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE $ 4 ,OOO, OOO A X OCCUR ❑CLAIMSMADE PBP-2451267 O7/17/O7 O7/17/O8 AGGREGATE $4,000,000 $ DEDUCTIBLE $ X RETENTION $ WORKERS COMPENSATION AND X TORYLIMITS ER A EMPLOYERS LIABILITY ANY PROPRIETORIP /EXECUTIVE WCP211784400 O7/17/O7 O7/17/O8 E.L. EACH ACCIDENT $ 1OOOOOO OFFICERIMEMSER EXCLUDED? E.L.DISEASE- EAEMPLOYEE $ 1OOOOOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1OOOOOO OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Re: Drake Field Striping, Fayetteville, AR. City of Fayetteville and McClelland Consulting Engineers, Inc. are additional insureds with regards to General Liability. Waiver of Subrogation in favor of the City of Fayetteville with regards to the Employer's Liability Insurance. CERTIFICATE HOLDER CANCELLATION CITY -12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WRL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DD SO SHALL City of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 113 West Mountain Street Fayetteville AR 727O1 REPRESENTATIVES. AUTH OREPRESENTATVE IACORD 25 (2001108) W- yr ._" v ©ACOKDCORPORATIONTUBS NOTICE TO PROCEED To: 2702 Project: Date October , 2007 "Airfield Pavement Restriping" You are hereby notified to commence WORK in accordance with the Contract dated, on or before , and you are to complete the WORK within 60 Calendar days from this date, less any Stop Work Days allowed by the Owner. ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged By this the day of October, 2007 By: Title: By: City of Fayetteville Ray Boudreaux Title: Director of Aviation W:\2007\072150\SPECS\00550.DOC Section 00550-1 1 Document 00600-1 Construction Performance Bond Bond #929429612 1 Any singular reference to Contractor, SuretyOwner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Time Striping, Inc. Western Surety Company P.O. Box 1236 p • 0. Box 5077 Fort Smith, AR 72957 Sioux Falls, SD 57117 OWNER (Name and Address): ' City of Fayetteville 113 W. Mountain St. Fayetteville, Arkansas 72701 ' CONSTRUCTION CONTRACT Date: October 2,2007 ' Amount: $ 59,000.00 Description (Name and Location): Airfield Pavement Restriping Fayetteville Municipal Airport t BOND Date (Not earlier than Construction Contract Date): October 2, 2007 Amount: $59,000.00 Dollars . Modifications to this Bond Form: None ($ ) CONTRACTOR AS PRINCIPAL SURETY ft Corhpanytcime Striping,Inc. Western S>�,PtyyGompany'„c i }� (Corp. Seal) Company (( orp St4 S gnkure: S ••' 4 -..1J 1 .' 11r�Y1 3 'Signature: �✓1 PV" — Signat ' Name and Till a 5 enctr S} �l Name and Title: Pamela K. Hays l r V�ae Prc3i } Attorney -in -Fact ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Signature: Signature: Name and Title: Name and Title: 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, nand the Associated Specialty C' IIIIIIII IIIIII IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII Doc ID: 011685480006 TvDe: LIE Recorded: 10/23/2007 at 10:04:21 AM Fee Amt: $40.00 Paoe I of 6 W:\2007\072150 DRAKE FIELD\SPECS100600-I.DOC Washington County. AR Bette StamI]ps Circuit Clerk FileB02g-00000669 I I I 1 I 1 I 1 1 1 1 1 I. The Contractor mid the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Ile Owner for the performance of the Construction Contract which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract. the Surely and the Contractor shall have no obligation tinder this Bond, except to participate in conferences as provided in Subparagraph 3, I. 3. If there is no Owner Default the Surety's obligation under this Bond shall arise afler 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 anange a conference with the Contractor and the Surety to be held not later thin fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Suety agree, the Contractor shall be allowed a reasonable time to perfrmi 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 Surely slag promptly and at the Surety's expense rake 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 commciors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owners 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 ofdamages 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'. I. After investigation, determine the amount for which it may be liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner: or 2. Deny liability in whole or in 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 firm 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 1w 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. I The responsibilities ofthe Contractor for correction ofdefective work and completion of the Construction Contract; W:\2007\072I50 DRAKE FIELD\SPECSIOO600-I,DOC 6.2 Additional legal, design professional and delay costs residing farm the Contractors Default, and resulting from the actions or failure to act of the Surety tinder Paragraph 4: and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages erased by delayed perfonarce 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 tine, to the Construction Contract or to related -subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, tinder this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within two years after Contractor Default or within two years alley the Contractor ceased working or within two years afler the Surety refuses or rails 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 ofthe suit shall be applicable. 10. Notice to the Surety, the Otmer or the Contractor shall be mailed or delivered to the address shown on the signature page. I. When this Bond has been famished to comply with a samtory or other legal requirement in the location where the construction was to be performed, my provision in this Bond conflicting with said statutory or legal requirements shall be domed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shal I 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 tinder 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. (IIIYW!& I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Benson A Cashion, Matthew K Cashion Jr, Nick W Peters, William H Griffin, Judy Schoggen, Cynthia L Trickey, Pamela K Hays, Individually 1 of Little Rock, AR, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such insWments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of September, 2007. 1 0�tWESTERN SURETY COMPANY Paul . Bruflat. Senior Vice President State of South Dakota 1 1 ss County of Minnehaha } On this I Oth day of September, 2007, before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and 1 acknowledges same to be the act and deed of said corporation. My commission expires �rrr�rrrrrrrrrrrrrrrrrrrr 1 + D. KRELL November 30 2012 r NOTARY PUBLIC S1ST"JS0UTN DAKOTA s 1 f ½%%%½% %S1.%4. D. Krell, No 3ry Public 1 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove•set:f� or h1' s siill;in force, and further certify that the By-law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 h9;e herettrito sdbsctlne'l my name and affixed the seal of the said corporation this day of ; t '\� . r e tl n. - 1 +qtr* WESTERN SURETY=�CO vi"NS Y` ypupVOgq�i^; % � v �•; .eEt'r L. Nelson, Assistant Secretary Form F4280-09-06 i I4. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal -is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. e � , Document 00600-2 Construction Payment Bond Bond #929429612 Any singular reference to Contractor. SuretyOwner or other party shall be considered plural where aoolicable CONTRACTOR (Name and Address): Time Striping, Inc. P.O. Box 1236 Fort Smith, AR 72957 OWNER (Name and Address): City of Fayetteville 113 W. Mountain St. Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: October 1.2007 Amount: $ 59,000.00 Description (Name and Location): SURETY (Name and Principal Place of Business): Western Surety Company P. 0. Box 5077 Sioux Falls, SD 57117 "Airfield Pavement Restriping Fayetteville Municipal Airport BOND Date (Not earlier than Construction Contract Date): October 2, 2007 Amount: $59,000.00 Dollars Modifications to this Bond Form: None ($ ) CONTRACTOR AS PRINCIPAL Company Time Striping, Inc. (Corp. Seal) NTRACTOR AS`PRINCIPAL (Corp. Seal) Signature: Name and Title: SURETY Western Company ,-� f' .��t rr,� I�•r� •- Name and Title: Pamela K. Hays Attorney -in -Fact SURETY Company Signature: Name and Title: (Corp Seal) EJCDC No. 1910-288 (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 W :\20071072150 DRAKE FIELD\SPECS\00600-2.DOC 00600-2-I I I I I C I I I I [1 I I I [I C n • 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 famished for use in the pedmmnance 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 sttms due Claimants. and 2.2 Defends, indemnities and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who famished labor, materials or equipment for use in the performance of.the Constriction Contract. provided the Owner has pmmplly notified The Contractor and the Surely (at the address described in paragraph 2) of any claims, demands, limes 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. I Claimants who am 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 tinder this Bond and, with substantial accuracy, the amount of the claim. 4,2 Claimants who do not have a direct contract with the Contractor: I. 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 famished materials or equipment included in the claim staling, 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 pail 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 sertawriaal 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 tinder this Bond and enclosing a copy of the previous written notice famished 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. I 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 am 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 famishing 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 he liable to the Owner. Claimants or others for obligations ol'ihe Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant tinder this Bond. 10 The Surely hereby waives notice oftury change, including changes oftinie, to the Construction Contract or to related subcontracts, purchase orders ad other obligations. W :\2007\072150 DRAKE FIELD\SPECS\00600-2DOC I 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 (I) on which the Claimant cave the notice required by Subparagraph 4.1 or Clause 4.2.3. or (2) on which the last labor or service was perforated by mot, or the last materials or equipment were furnished by anyone under tlx: Construction Contract, wbichever of 111 or (2) occurs first If the provisions of this paragraph arc void or prohibited by law, the minimum period of linuestior available to sureties as a defense in thejurisdiction 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 a co mplished, shall be sulAciem compliance as of Ihedate received at the address shown on the signature page. 13. When this Bond has been punished 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. 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 perfomrartce 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, hear, 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 Conrtractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or egtupiteal 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 ofihc Owner, which has neither been rutxdiad 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 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation 1 having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint 1 Benson A Cashion, Matthew K Cashion Jr, Nick W Peters, William H Griffin, Judy Schoggen, Cynthia L Trickey, Pamela K Hays, Individually L. of Little Rock, AR, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of September, 2007. 1 �ymrrc WESTERN SURETY COMPANY yQ�pinggj in fleniorvipres ident State of South Dakota ss 1 County of Minnehaha On this 10th day of September, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 1 My commission expires \\\\\\\\\\\ D. KRELL SNovember 30, 2012 • NOTARY UBLIC®PUt �1Sj-Z'JODBUCS D. Krell,N1iThry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have'hereurito,subscribed my name and affixed the seal of the said corporation this day of `�..�+ ✓t ce WESTERN SURETY ONIPAN:Y 1 (wP pPVa/r� a " t. �J� '-•5 r' ^ ='�.y� 1 cls-on;AsslsfenfSecretary Fonn F4280-09-06 ` � � h Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. , L I I I I I 1 ASs � teoi..K'.f S !�i r ti I CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY GENERAL ' BIDDERS NAME ADDRESS INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION ' NUMBER 1 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 and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION ON NONSEGREGATED FACILITIES: 1 (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. I I I (2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. W:\2007\072150\SPECS\EQLOPP.DOC Equal Employment Opportunity -1 I I I I I I Li I [] I I I I I [I I I CI 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: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please type) Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. W:\2007\072150\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 which is being undertaken and accomplished by the City of Fayetteville in accordance with the terms and conditions of a grant agreement between the City of Fayetteville and the United States, under the Airport and Airway Development Act of 1982 (PL 97-248) and Part 152 of the Federal Aviation Regulations (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 City of Fayetteville to any proposed assignment of any interest in or part of this Contract. A-3. Convict Labor. No Convict Labor may be employed under this Contract. A-4. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515 (c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. AA5. 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 Cityof 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. AA -B. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6, and A-7 requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. W:\2007\072150 DRAKE\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -1 I 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 , (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 maybe 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 ofthe 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 (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. , W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -2 I I I I t I I I I I I I I I I I (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 City of Fayetteville do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the City of Fayetteville shall send the questions, including the views of all interested parties and the recommendation of the sponsor, to the FAA to be referred, with the recommendation of the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (4) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2) and (3) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii) ). (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, however, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (29 CFR 5.5 (a) (1) (iv)). B-2. Withholding: FAA from Sponsor pursuant to the terms of 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 City of Fayetteville. No W:\2007\072 150\SPECS\EEODOC Wage, Labor, EEO & Safety Regulations -3 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 as provided for in 29 CFR 5.12. SECTION C (EQUAL EMPLOYMENT OPPORTUNITY CLAUSE) During the performance of this Contract, the Contractor agrees as follows: ' CC -1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. 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 workersrepresentatives 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. ' CC=4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. CC -5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -4 HI I H C I I I I I I I H I I I I 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 contractor 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 maybe 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 maybe 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 -I 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 LockouVfagout program which meets the requirements of20 1910.331, Safety Related Work Practices(OSHA). During the performance of electrical work, it is recommended that an unannounced inspection be performed by the airport sponsor or his agent to determine if the Lockout/Tagout program is being followed. Immediate action shall be taken to correct noncompliance, including suspension of work when necessary. SECTION E (AIR AND WATER QUALITY STANDARDS) ' W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -5 -j E- 1. Any other provision herein to the contrary notwithstanding, the Contractor in carrying , out work under this Contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the Contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10 entitled Item P-156, Temporary Air and Water Pollution, Soil Erosion and Siltation Control. Copies of this Advisory Circular can be obtained free of charge from Department of Transportation, Distribution Unit, TAD -484.3, Washington, D.C. 20590. E-2. Contractors and subcontractors agree: (a) That any facility to be used in the performance of the contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. (b) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 ' of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) That as a condition for award of a Contract he will notify 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_l . 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; ' 0 "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; (d) "Minority" includes: ' (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -6 ' 1 I I I I I C1 C I I I L.1 I 11 C I I I I (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Island (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian and Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). F-2. Whenever. the Contractor, or any subcontractor any peer, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. F-3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. F-4. The Contractor shall implement the specific affirmative action standards provided in paragraphs F -7.a. through F -7.p. of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization; the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. F-5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. F-6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -7 I I 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. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. W:\2007\072150\SPECS\EEO,DOC Wage, Labor, EEO & Safety Regulations -8 Il u U C I I (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on -site supervisory personnel such as superintendents, general foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing ' written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (I) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and ' employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, ' screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and ' women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. ' (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to ' prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. ' (n) Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy ' between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from t minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -9 1 I (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, maybe asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. F-9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). F- 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 1 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 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 W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -10 I I Li I provisions hereof as maybe 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_l 5. 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) ' 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. G-2. DBE Obligation. The Contractor agrees to ensure that disadvantaged business ' enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted ' contracts. G-3. Compliance. All bidders, potential Contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above shall constitute a breach of contract which may result in termination of the contract or ' such other remedy as deemed appropriate by the Owner. G-4. Subcontract Clauses. All bidders and potential Contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. G-5. It is Further Understood and Agreed. (a) The award selection procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45 (1) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. 1 (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. W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -I1 I H (c) After opening of bids, the apparent successful bidder will be required to submit the names and addresses of DBE fines that will participate in the contract along with a description of the work and dollar amount for each firm. If the responses do not clearly show 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. 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 L L I I ' W:\2007\072150\SPECS\EEO.DOC Wage, Labor, EEO & Safety Regulations -12 L GENERAL DECISION: AR2O070007 02/09/2007 AR7 ' Date: February 9, 2007 General Decision Number: AR20070007 02/09/2007 Superseded General Decision Number: AR20030007 State: Arkansas Construction Types: Highway Counties: Arkansas 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 02/09/2007 ' SUAR1990-003 01/19/1990 Rates Fringes ' Bricklayer .....................$ 7.20 Carpenter. . . - . . . . ....... . . . . . . $ 7.20 Concrete Finisher ..............$ 7.20 Electrician ....................$ 8.75 Ironworker, Reinforcing... .....$ 5.45 Ironworker, Structural .........$ 6.30 Laborers: Air tool ....................$ 5.15 Asphalt heater ..............$ 5.15 Asphalt raker ...............$ 5.85 Chain saw ...................$ 5.15 Checker grader ..............$ 5.45 Concrete joint sealer.......$ 5.15 Concrete saw...... . . . . ......$ 5.15 Formsetter. ..................$ 5.45 General. . . . . . . . . . . . . ........$ 5.15 Pipelayer...................$ 5.45 Powderman...................$ 6.40 Vibratorman.................$ 5.15 Painter. . . . . . . . . . . . . . . . ........$ 6.20 Pile Driver Leadmen ............$ 6.20 'Power equipment operators: Aggregate spreader ........$ 5.80 1 W:\2007\072150\SPECS\2007 Federal Wage Rate for Arkansas.doc Federal Wage Decision - 1 1 I Asphalt plant fireman.......$ 5.15 1 Asphalt plantdriver .........$ 5.15 Backhoe, rubber tired 1 , yard or less.... ............$ 6.10 Batch plant.... .......... . . .$ 5.80 Bull float. .................$ 5.65 ' Bulldozer, Finish. ..........$ 6.90 Bulldozer, Rough. ....... ....$ 5.65 Cherry picker. . ...... . . . . . . . $ 6.10 Concrete curing machine.... .$ 5.65 Concrete mixer, 5 sacks & over. $ 6.20 Concrete mixer, less than 5 sacks.$ 5.15 ' Concrete paver ..............$ 6.70 Concrete spreader...... .....$ 6.70 Crane, derrick, dragline, shovel & , backhoe 1-1/2 yards or less.$ 6.70 backhoe over 1-1/2 yards....$ 7.20 Crusher. . . . . . . . . ...... . . . - . . $ 5.65 ' Distributor.... . ...... . . . . . . $ 5.65 Drill, wagon or truck.......$ 5.65 Elevating grader... .........$ 6.70 Euclid or like equipment, bottom or end dump. . . . . . . . . . . . . . ......$ 5.25 Finishing machine...........$ 6.10 Flagger. .....................$ 5.15 Forklift. . . . . . . . . . . .........$ 5.15 Form grader.... .............$ 5.15 , Front end loader, Finish....$ 6.70 Front end loader, Rough .....$ 5.65 Hydro seeder ................$ 5.15 ' Mechanic. . . . . . . . . . . . ....... . $ 6.90 Motor patrol, Finish........$ 6.90 Motor patrol, Rough.........$ 5.65 ' Mulchingmachine... 5.15 Oiler & greaser... ..........$ 5.45 Piledriver. ............... . .$ 6.20 ' Power broom. . . . . . . . . . . . . . . . . $ 5.15 Pug mill ....................$ 5.15 , Roller, self propelled......$ 5.25 Scraper, Finish. ............$ 6.90 Scraper, Rough...... . . ......$ 5.65 Sod slicing machine.........$ 5.15 Stabilizer mixing machine.. .$ 5.65 Tractor, crawler type.......$ 5.15 Tractor, farm & sheel.......$ 5.15 I W:\200710721501SPECS12007 Federal Wage Rate for Arkansas.doc Federal Wage Decision - 2 Tractor, wheel type with attachment 1 yd. or under ....................$ 5.55 Trenchingmachine. 5.55 Stonemason .....................$ 7.20 Truck drivers: ' Distributor .................$ 5.45 Heavy -maximum pay load in excess of 3,000 lbs ..$ 5.15 ' Light -maximum pay load 3,000 lbs...................$ 5.15 Lowboy ......................$ 5.65 ' Semi -trailer...... . . . . . . . . . .$ 5.45 Transit mix...... . . . . . . . . . 5.45 Well Driller ...................$ 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 (29CFR ' 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the "SO" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- ' WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can ' be: * an existing published wage determination ' * a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling W:\2007\072150\SPECS\2007 Federal Wage Rate forArkansas.doc Federal Wage Decision - 3 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, DC 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, DC 20210 , The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the 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, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION W:\2007\072150\SPECS\2007 Federal Wage Rate forArkansas.doc Federal Wage Decision -4 1 I I SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. ' 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. ' 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. ' 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. ' 10-06 AIRPORT. Airport means an area of land or water which is used orintended 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. 1 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -1 1 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, I 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 famished 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, W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -2 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 maybe designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. ' 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For 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. t 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. I. 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -3 [1 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. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased 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. Li W:\2007\072150\SPECS\GENERAL PROV.DOC - General Provisions -4 I 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. 1 END OF SECTION 10 I I 1 1 1 1 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -5 C1 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS , 20-01 ADVERTISEMENT (Notice to Bidders). 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification 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 , 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. I b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. , I W:\2007\072l50\SPECS\GENERAL PROV.DOC General Provisions -6 C1 I I I I [] I 11 I I Li c. Contractor default under previous contracts with the owner. d. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms ' furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -7 I I 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: ' a. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. ' b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of ' any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except , in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously 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. ' i W:\2007\072l50\SPECS\GENERAL PROV.DOC General Provisions -8 [1 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: ' a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. ' b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. ' END OF SECTION 20 [1 I 1 .. I I I H I I [J I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -9 I 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 I any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR ' PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled ' DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal ' conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without ' liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award 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. I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -10 I I I [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. I I I I I I I I I I I I 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -I I I S 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. W:\2007\072150\SPECS\GENERAL 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 I. 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -]3 L1i 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. W:\2007\072150\SPECS\GENERAL 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 Li I I I I I Li I C [] W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -15 I SECTION 50 1 CONTROL OF WORK F ' 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 t 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 1 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -16 H I I I I [I I I I H I '7 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 maybe 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 t 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 W:\2007\072150\SPECS\GENERAL 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 i 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 hatching 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 maybe 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -18 l J I 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 maybe 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 W:\2007\072150\SPECS\GENERAL 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 W:\2007\072150\SPECS\GENERAL 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. 1 END OF SECTION 50 L C H C C C I I I C C I I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -21 I U 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 furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed ' equipment. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -22 Materials or assemblies used on the basis of certificates of compliance maybe 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: Conformance to the specified performance, testing, quality or dimensional requirements; 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. 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 ' W:\2007\072150\SPECS\GENERAL PRO V.DOC General Provisions -24 • • Hl J SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70--1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters ofpatent 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. I 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. I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -25 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 ofthe 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). I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -26 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. I70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution ofthe 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. IAll 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. 1 The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work ofhis/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. W:\2007\072150\SPECS\GENERAL 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. S' 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 1 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 Apron Connection _ 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 WA2007\072150\SPECS\GENERAL PROV.DOC General Provisions -28 I No portion ofthe work maybe 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 1 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 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 1 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 W:\2007\072150\SPECS\GENERAL 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 Boudreaux 1-479-718-7642 Fayetteville, AR Electricity AR Valley Electric 1-800-468-2152 Telephone Century Tel 1-800-201-4102 Gas Arkansas Oklahoma Gas 1-479-738-3181 Water Water Department City of Waldron 1-479-637-4765 All Utilities Arkansas One Call 1-800-482-8998 1 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 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. 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -30 I I I I H I I I I Li LI I Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS -OF -WAY. The owner will be responsible for furnishing all rights -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. I L FI W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -31 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, , 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 I operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of.Section 80. END OF SECTION 70 i 1 I 1 1 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -32 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 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. 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 1 Not Applicable Apron 7:00 a.m. to 7:00 p.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. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet• contract requirements, the Contractor 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -34 I I I I 1 I C 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 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -35 1 I 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 ' W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -36 I 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 if. 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. C1 I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -37 I 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 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 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -38 1 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 ofplates 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. 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 W:\2007\072150\SPECS\GENERAL 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 I asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case ofrail 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 tern "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 sumE 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. 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -40 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 1 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. 1 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 W:\2007\072150\SPECS\GENERAL 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 I 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -42 I (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance ' premiums, unemployment insurance contributions, and social security tax. . Statements shall be accompanied and supported by a receipted invoice for all materials used and ' transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. ' 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and ' specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. ' No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. 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 havebeen 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. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -43 1 I 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the , airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. , b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and ' transportation costs have been paid. d. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. , e. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or , stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for , such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. 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 11 I W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -44 I I 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 1 quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's fmal 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. I I I I I I I I I 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -45 I 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 assureboth 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 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, , W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -46 I I I [1 I [1 I [1 I I I I [1 C1 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 controlorganization. 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. I I W:'2007\072150\SPECS\GENERAL PRO V.DOC General Provisions -47 Additional qualifications for the Program Administrator shall include at least I of the following requirements: (1)Professional engineer with 1 year of airport paving experience acceptable to the Engineer. (2)Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. , (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 I Certification in Engineering Technologies (NICET). (5)Highway materials technician certified at Level III by NICET. I (6)Highway construction technician certified at Level III byNICET. (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. , The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1)Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. (2) Performance of all quality control tests as required by the technical specifications and Section 100-07. ' Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -48 I 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: ' a. b. C. d. C. Specification item number; Item description; Description of submittal; Specification paragraph requiring submittal; and 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 W:\2007\072150\SPECS\GENERAL. PROV.DOC General Provisions -49 r C1 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -50 r, I I I I I I 11 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) Technical specification item number and description; ' (2) Test designation; (3) Location; ' (4) Date of test; (5) Control requirements; (6) Test results; ' (7) Causes for rejection; (8) Recommended remedial actions; and (9) 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. 1 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -51 H I 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. (2). Order the Contractor to stop operations until appropriate corrective actions is taken. I END OF SECTION 100 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -52 I I I I 1 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 (S) 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 1. 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: ' X=(X1+X2+X3+.......X.)/n Where: X = Average of all sublot values within a lot x1, x2 = Individual sublot values n = Number of sublots e. Find the standard deviation (S„ ) by use of the following formula: S„ _ [ (d?2 + d22 +d32 + ... d,2)/ n -I ] Irz 1 Where: = Sample S standard deviation of the number of sublot values in the set dl, d2 = deviations of the individual sublot values X1, X2 ... from the average value X that is d1 = (xi - X), d2 = (x2 - X).. d„ = (X„ - X) ' n = number of sublots W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -53 I 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) / S„ Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table l 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)/S„ and Qu=�J-X)/Sn 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 I 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: PWL = (Pu + PL) - 100 , Where: 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. A-1 96.60 ' A-2 97.55 A-3 99.30 A-4 98.35 n=4 1 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -54 2. Calculate average density for the lot X = (Xj+X2+X3+..X.)/'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)12 Sn=[(1.82+0.16+1.82+0.16)/3]1x2 Sn= 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X-L)/S0 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)14 X = 3.57 percent W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -55 3. Calculate the standard deviation S 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) j1/2 Sn=[(2.04+0.03+1.62+0.10)/3]12 Sn= 1.12 4. Calculate the Lower Quality Index QL for the lot (L=2.0) QL= (X - L) Sn QL= (3.57-2.00)11.12 QL= 1.3992 5. Determine PL by entering Table I with QL = 1.40 and n=4. PL=97 97 6. Calculate the Upper Quality Index Qu for the lot (U =5.0) 5.0) Qu = (U -X)/ X) / Sn Qu = (5.00-3.57)/1.12 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 W:\2007\072150\SPECS\GENERAL PROV.DOC General Provisions -56 I I I I I [l I I I I I I I I I I J I TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN -LIMITS (PWL) Positive Values of Q Percent Within Limits (PWL), Pi, and Pu n=3 n=4 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 W:\2007\072l50\SPECS\GENERAL PROV.DOC General Provisions -57 I TABLE I. TABLE FOR ESTIMATING PERCENT,OF LOTWITHIN LIMITS (PWL) ' Negative Values of Q (QL and Qe) Percent Within Limits (PWL), P1, and Pu 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 -0.4916 -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 -0.4354 -0.4310 33 -0.5878 -0.5100 -0.4836 -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 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 END OF SECTION 110 I I W:\2007\072150\SPECS\GENERAL ' PROV.DOC General Provisions -58 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 Airfield Pavement Striping work including rubber removal and restriping pavement ' markings. COORDINATION OF THE WORK. The work on this project consists of improvements to an ' airport in actual operation; therefore, the Contractor shall cooperate with the airport management to hold the "displaced runway threshold" to the minimum time required.. The airport is to remain open during the construction of these improvements, and it is imperative that construction activities be carried on in such a manner that the safety of aircraft using the airport will not be impaired in any way. The Contractor's equipment will not be operated closer than 250 feet of any runway centerline or 300' feet from the end of the existing runway unless under a "Closed Runway" or a "Displaced ' Threshold" conditions under the control of the Airport Control Tower. 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 W:�2007W72150 DRAKE\SPECs\SPECIAi.PROV.DOC Special Provisions - 1 U always have priority over any and all of the Contractor's operations. The Contractor shall not allow his employees, subcontractors, material suppliers or any other persons over whom he has control, to enter or remain upon any part of the airport which would be a hazardous location. Should the contractor be too close to the portion used by aircraft for safety, the Engineer may, at his sole discretion, order the contractor to suspend his operations, remove his personnel, plant, equipment, and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. Limitations on Construction. The following restrictions shall normally pertain for activity at airports. In cases where it has been determined that the following restrictions are inappropriate, similar requirements shall be developed on a case -by -case basis. (a) When construction work is being accomplished adjacent to an active runway when visibility minimums are greater than or as low as one mile, equipment shall not be permitted within 250 feet from the runway centerline, or within 200 feet horizontally of any aircraft on an active runway. (b) When construction work is being accomplished adjacent to an active runway when ,,visibility minimums are below one mile, equipment shall not be permitted within 250 feet from the runway centerline. (c) All work which is too close to the ends of the runway for accomplishment during condition (a) above, shall be performed during periods 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. 1 W:\2007\072150 DRAKE\SPECS\SPECW.PROV.DOC Special Provisions -2 I I I I I I rTI I I I I I I I I I Li (g) Flare pots will not be permitted for temporary lighting of pavement areas or to denote construction limits. (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 (a) The Airport Owner or his Designated Representative shall issue the necessary Notice to Airmen (NOTAMS) to reflect hazardous conditions during construction. The Contractor shall provide the Engineer with the necessary information as to the work schedule in advance so the Engineer may coordinate with and provide the Owner with the work schedule for the issuance of the NOTAMS. It is important that NOTAMS be kept current and reflect the actual conditions with respect to the construction situation. Active NOTAMS shall be reviewed periodically and revised to reflect the current conditions. (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 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 runway restriping, and the Taxiway Restriping within the runway safety area. (a) Work Requirements. The Contractors shall provide adequate portable lighting during nighttime hours to minimize shadows within the work area. The minimum light level at any point shall be one foot-candles at the location of the work. The Contractor will be working within Runways 16 and 34 for the runway and taxiway striping improvements. The approach slope at each end of the runway shall .1 W:\2007\072150 DRAKEISPECS\SPECIAI-PROV.DOC Special Provisions - 3 I have the required obstruction free areas which depend upon the distance from the end of the runway as herein before described. The Contractor will be subject to working within the existing runway protection zone/approach slope for Runways 16 and 34 and shall keep his equipment below this slope during all aircraft operations, unless working under the displaced threshold condition unless working under the "displaced threshold" condition. The Contractor shall generally follow the sequence of work set out below and shall 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, "closed taxiway" time and "displaced threshold" 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 IA Day Displaced North End Runway Striping, Threshold Taxiways "A & B" Striping IB Day Displaced South End Runway Striping Threshold Taxiway "B" Striping, IC Night Closed Runway Runway Striping Connecting Taxiway Striping II Day Closed Taxiway Taxiway Striping Segments (c) Closed Runway/Airport. The runway shall be closed at night in order to complete the runway rehabilitation on the center 2000 feet of the runway work within 250of the runway centerline. The schedule for the closed runway periods have been established to minimize the effect upon flight operations. The Contractor shall begin the work on the first night the runway is closed. The runway shall remain closed each night as directed by the Engineer until the Contractor completes the improvements within the center 2000 feet of the runway. (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, PAPI, ODALS, Beacon and Windcone lights shall be turned off during periods the runway is closed. The closed runway crosses and lights shall I I I I U I H I 1 1 I I I W:\2007\072150 DRAKE\SPECS\SPECIAL.PROV.DOC Special Provisions -4 7 I I I I I I I I I C 3. The following items are an integral part of each displaced threshold: a. Two 20' x 60' wooden frame outboard markers with white fabric/tarp attached as approved by the Engineer. The frames shall be placed on each side of the runway and secured to the ground. b. Remove the markers or cover with black material daily at the end of each ' days work. The full runway shall opened to aircraft at the end of each days work period. The slopes and edge drops shall be within the above stated safety criteria. W:\2007\072150 DRAKE\SPECS\SPECLALPROV.DOC Special Provisions - 5 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 10:00 P.M. and 5:30 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 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) Temporary Displaced Threshold The Contractor shall construct and install displace threshold markers along the runway, as needed, to perform work within the runway safety area during the daytime working hours. The Displaced Threshold Conditions shall apply to only one end of the runway at a time. The displaced threshold shall be for daytime use only 6:00 A.M. to 7:00 P.M. Threshold Displacement Work Phase Time Displacement Runway 16 (2500 ft) IA 13 hours per day from 6:00a.m. to 7:00p.m. Runway 34 (2220 ft) 1B 13 hours per day from 6:00a.m. to 7:00p.m. 2. The Contractor shall make every effort to limit total threshold displacement time. Installation of displaced thresholds shall be approved by the Engineer and Owner. I c. The aircraft shall not have access to the closed runway area for use as a taxiway, or to the closed taxiway segments leading to the displaced threshold area. 4. The Contractor shall supply the two outboard markers as shown on the plans. At the end of the work, the outboard markers shall remain the property of the Contractor. The Contractor shall be responsible for maintaining the markers, while they are being used. No separate payment shall be made for providing, installing and removing of displaced threshold markers. (e) Closed Taxiway Time. The parallel and the connecting taxiways shall be closed in segments during the work on an as needed basis. The Engineer shall review the Contractor's schedule with the Owner and make adjustments to minimize the effect of closed taxiway segments upon flight operation. The taxiway segments shall remain closed only during working hours unless construction activities require otherwise and so directed by the Engineer. The Contractors shall proceed with the above work in an expedient manner so as to hold the closed taxiway time to a minimum. (f) 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. (g) Working Hours. ' Day: Working hours for those Work Phases for which "Day" is listed in Work Time columns are at the discretion of the Contractor (see Order of Work Table). Entrance, Parking Area and Security. Forces of the Contractor and the Engineer shall enter and leave 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 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. W:\2007\072150 DRAKE\SPECSISPECIAL.PROV.DOC Special Provisions - 6 ' I J I J 1 I I I I I I J I P C C I I 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 ofrunway 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) 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 permission for such return is granted by the air traffic control tower. Upon completion of the contract, the radios shall remain the property of the 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 red dome -type light. If the airport has a security plan, check for guidance on additional identification and control of construction equipment. W:\2007\072150 DRAKE\SPECS\SPECIAGPROV.DOC Special Provisions - 7 I (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; ' I (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; I I H I I (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the W:\2007\072150 DRAKE\SPECS\SPECIAUPROV.DOC Special Provisions - 8 I I I I iI I I I I I I I C I I I 7l requirements of the Plans and Specifications, or does not meet the requirements of any inspection, test or approval referred to hereafter or has been damaged prior to approval of final payment); (11) to require special inspection or testing of the Work as provided for hereafter whether or not the Work is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for decision; which he will render in writing within a reasonable time; All decisions and determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. LIMITATIONS OF THE ENGINEER'S RESPONSIBILITIES. Neither the Engineer's authority to act under the Plans and Specifications nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. The Engineer will not be responsible for the Contractor's means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for the Contractor's failure to perform the Work in accordance with the Plans and Specifications. The Engineer will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work. ENGINEER'S VISITS TO THE SITE. The Engineer will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Plans and Specifications. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Plans and Specifications. On the basis of his on -site observations, he will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. All of the work performed shall be subject to the inspection and approval of the Engineer. The Engineer and his representatives shall at all times have access to the work and the materials necessary for the performance thereof, and the Contractor shall provide proper facilities for access and inspection. If the Plans and Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any of the work to be tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by authority other than the Engineer, of the date fixed for such inspection, but any I W:\2007\072150 DRAKE\SPECS\SPECUILPROV.DOC Special Provisions -9 [] 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 any way, affect or have a bearing on the work of the Contract and its costs. The Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions provided in the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract price in accordance with the requirements of the Plans and Specifications and that he has correlated the results of all such data with the requirements of the Plans and Specifications. Failure on the part of the Contractor to have fully informed himself of site conditions, and to fully understand the extent of the Work required, shall not excuse him in any way from his obligation to supply and install the Work in accordance with the Specifications and Plans, and under all conditions as they exist. No extra compensation will be allowed because of his failure to so inform himself. His submission of a bid on the project shall be considered as sufficient evidence that the Contractor has complied with the above requirements. ARRANGEMENT OF SPECIFICATIONS AND PLANS. Titles to sections and paragraphs in the Specifications are used merely for convenience, and shall not be taken as a correct or complete segregation of the several units of materials, equipment and labor, nor as an attempt 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. 1 W:\2007\072150 DRAKE\SPECS\SPECIAL-PROV.DOC Special Provisions - 10 J 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 of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workman's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where ' Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Haborworker's Act and the Federal Jones Act. Employer's ' Liability Insurance shall be extended to include waiver of subrogation io 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 W:'2007\072150 DRAKE\SPECS\SPECIA-PROV.DOC r Special Provisions - 11 11 I. Contractor's Comprehensive General Liability Insurance For not less than the following limits of liability: ' Bodily Injury: $500,000 each occurrence $500,000 aggregate Property Damage: $250,000 each occurrence $250,000 aggregate 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: $ 100,000 each occurrence OR Bodily Injury and Property Damage: $1,000,000 combined single limit each occurrence. Include Hired car and Non -Ownership Coverage. 3. Contractor's Excess Umbrella policy: $1,000,000 limit of liability policy shall be provided. ' 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 , W:\2OO7\O72l5ODt4JC1\Spfcs\spEcLL.pRovDoc Special Provisions - 12 [1 ' 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 ofthem ' or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the observation of the Work that is the subject of this construction ' Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any ' employee of the Contractor, any subcontractor, anyone'directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, ' compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. I W:\2007\072150 DRAKE\SPECS\SPECIAL-PROV.DOC Special Provisions - 13 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. 47. Surety and Insurer Qualifications All bonds, insurance contracts, and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company, having his place of business in the State of Arkansas, and in all way complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. SUBCONTRACTORS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner, nor shall the Contractor allow such Subcontractor to commence work until he has provided and obtained approval of such compensation and General Liability insurance as may be required under the laws of the State. The approval of such Subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. W:\2007\072150 DRAKE\SPECS\SPECIA4PROV.DOC Special Provisions - 14 I.. ' CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be used by the Contractor for the use of his employees, subcontractors, suppliers, etc. in gaining routine access to the site on a daily basis is described in Section "SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES" of these SPECIAL PROVISIONS. The Owner may limit the areas available for parking for the Contractor's work force. ' OWNER -FURNISHED MATERIALS. Section 60-08 of the GENERAL PROVISIONS, as related to Owner -furnished materials is clarified as follows: there are no owner -furnished materials planned for this project. All materials required for completion of the project are to be provided by the Contractor. ' QUALITY OF THE PLANS. The Plans have been made with care but cannot be assumed to be correct in every detail when some of the conditions to be encountered may not be shown on existing ' maps and are underground. ' The approximate locations of existing improvements are shown. The placing of this information on the Plans in no way obligates the Owner or Engineer as to its correctness, as it is indicative only and is placed there for information and assistance to the Contractor. It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. ' Minor details not usually shown or specified, but necessary for the proper installation and operation, shall be included in the work as if shown or specified. Wherever the work "provide" is used, it shall mean "furnish and install complete and ready for use." ' The accuracy of dimensions shown on drawings furnished to the Contractor by the Engineer having reference to any existing work, ' structure or facility is not guaranteed. The Contractor shall satisfy himself to such accuracy of such existing dimensions before starting the work. Whenever existing obstructions or dimensional inaccuracies capable of verification by the Contractor in the field, or minor variations in indicated arrangements or dimensions of equipment, interfere with the installation as shown on the Plans, the Contractor shall make such necessary alterations as are approved by the Engineer and such alterations shall not constitute a basis for extra payment. PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL PROVISIONS do not apply to this project. The entire project is to be satisfactorily completed and ready for the Owner's use before acceptance. ' PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is emphasized. Within 7 days following execution of the Contract, the Contractor shall provide the Engineer with a suggested progress schedule for the project. The schedule shall be subject to approval by the Engineer. At least monthly, generally in conjunction with the processing of requests for partial payment, the IEngineer and Contractor shall review the progress schedule, assess whether the project is on WA20071072150 DRAKE\SPECS\SPECIALPROV.DOC Special Provisions - 15 I schedule, and adjust the schedule as necessary to maintain the required project completion date. Alterations to the progress schedule may require that the Contractor implement a larger work force and/or work weekends and/or holidays to meet the required deadline. Extra payment will not be ' made for required changes in size of work force or work hours. CONTRACTOR. TO PERFORM CONSTRUCTION STAKING. Special attention is called to the fact that the Contractor will be required to perform his own construction staking. The Engineer, however, will provide a reference line for project alignment and a temporary bench mark from which the Contractor may work. Thereafter it will 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. 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. ' PRESERVATION OF MONUMENTS AND STAKES. The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, and in case of willful or careless destruction of the same, he will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the , event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or bench marks which must of necessitybe 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 W:\2007\072150 DRAKEISPECS�SPECIAIrPROV.DOC Special Provisions - 16 I writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other Work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other Work after the execution of this Work. ' The Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. The Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering their 'Work and will only cut or alter their Work with the written consent of the Engineer and of the other contractors whose Work will be affected. ' If the performance of additional Work by other contractors or the Owner is not noted in the Plans and Specifications prior to the execution of the Contract, written notice thereof shall be given to the ' Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by the Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore. ' 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 C1 50", "ASA Code", etc., it shall be understood to mean that the ' material shall meet the requirements of the referenced specification, standard, test method or code; and, except where a specific edition is referred to, it shall be understood that the latest edition including additions and/or amendments thereto, as of the date the Contract is awarded, shall apply to ' Work under this Contract. TESTING. The Engineer will conduct OR CALL FOR compaction tests on earthwork, as necessary to assure proper compaction and therefore, a stable, a subgrade and base. Also, concrete cylinder tests will be made by a laboratory of the concrete used in the project at 7 days and 28 days of age to assure that quality concrete is being delivered to the job. The cost of the tests will be borne by the Owner, except that retests, made after first tests have failed, will be paid for by the Contractor. In W:\2007\072150 DRAKE\SPECS\SPECIAGPROV.DOC Special Provisions - 17 I view of this, the Contractor will want to be certain that he is ready for tests when he requests that they be made. The Contractor shall give the Engineer at least 24 hours notice, as to when any part of the Work will be ready for observation and/or testing. No part of Saturdays or Sundays shall be counted as part of the required hours of notice. The Engineer shall have the right to order special tests not required by the Specifications and/or the , Plans, whereupon the Contractor shall promptly perform such tests. If the portion of the Work so tested proves to be in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for the Owner and if such testing delays the Work, the time within which the Work is to be completed shall be extended by a mutually agreed to period of time. If the portion of the Work so tested, however, proves to be not in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for by the Contractor and the time within which the Work is to be completed shall be extended by a mutually agreed to period of time. Neither observations by the Engineer nor the inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirement of the Plans and Specifications. PAYMENT FOR STORED MATERIALS. If the Contractor desires to be paid for "stored materials" in conjunction with one of the monthly progress payments, he shall provide the following documentation to the Engineer: (1) Itemized invoices from the supplier(s) of the materials giving a clear description of each stored item and its individual value. Invoices shall be clearly descriptive and identified as being for the particular project covered by these Specifications. (2) Insurance certificates covering the total value of all materials stored "off -site" (one ' for each separate off -site location) listing both the Owner and the Contractor as insured "as their interests may appear". (3) Legal titles to all items of stored materials certifying that the items are "free of liens and encumbrances". ' COST OF PLANS AND SPECIFICATIONS. The Engineer shall provide to each prime Contractor three (3) sets of Plans and Specifications to permit the Contractor to construct the project. The Contractor shall, compensate the Engineer with payment of 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 ofthose 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. I W:\2007W72150 DRAKEVSPECS\SPECLALPROV.DOC Special Provisions - 18 I I I I I I I 11 I I 1 L I I 11 I 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 lands, whether the property of the Owner, hereunder, or others, caused by the Contractor's and/or Subcontractor's personnel, equipment, or operation. REPORTING OF ACCIDENTS The Contractor shall submit a written report to the Engineer of any accident or injury occurring at the Construction Site. PRE -CONSTRUCTION CONFERENCE. Within twenty (20) days after delivery of the executed Construction Contract by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the heretofore mentioned schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, the Engineer, Resident Project Representatives, the Contractor and his Superintendent. 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 W:\2007\072150 DRAKE\SPECS\SPECIALPROV.DOC Special Provisions - 19 I which machinery or equipment should be utilized to obtain the desired results. The Contractor, in submitting a bid for work herein specified, purports to be equipped and to have experienced craftsmen for the performance and construction of each and every phase of the project herein specified. In the event the Contractor does not have the necessary craftsmen in his employ, he shall sub -contract the work for which he has not the craftsmen, or he will otherwise secure the services of craftsmen who are skilled and experienced in all the specified tasks herein. The Engineer shall have the following functions: (1) to interpret the Plans and Specifications and define their intent and meaning; (2) to determine whether the work done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; (3) to make decisions on all matters relating to the 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; (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 I I I I W:\2007\072150 DRAKE\SPECS\SPECIAL-PROV.DOC Special Provisions - 20 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, maypredict unsatisfactory results, or he may caution the Contractors, relative to safety hazards which may exist, but these efforts to assist the Contractors or to prevent accidents or problems will in no way relieve the ' Contractors of their responsibilities and liabilities in these regards. The Engineer or his representative may not be present during every phase of any construction operation, or if he is on -site, he may not witness each and every function or task that the Contractor/sub-contractor may perform. This fact does not relieve the Contractor from his responsibility to see that each item of work and each installation performed by him or his sub -contractor is in strict accordance with the intent of these Plans and Specifications. CONTRACTOR'S RESPONSIBILITY REGARDING SPECIAL APPLICATION MATERIALS AND PRODUCTS. Within this project may be specified certain materials or products, which may be major components of the project or may be ancillary to major components, and which, due to their specified characteristics and/or capabilities, maybe required as essential parts of the project. These ' materials or products are special in that they require special techniques in their application, and therefore, require experienced and skilled craftsmen. These materials or products include, but are not limited to the following: Sealants, lubricants, paints, primers, lacquers, stains, thinners, solvents, curing compounds, mastics, bitumens, tars, waterproofing agents, insulating compounds, cementitious compounds, fillers, and epoxies. In furnishing and installing any of the above materials or products the Contractor shall be guided by and adhere to all of the manufacturer's recommendations or instructions relative to the materials or products, including but not limited to the following: ' 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. I W:\2007\072150 DRAKEISPECs\SPECIAL-PROV.DOC Special Provisions - 21 1 I TEMPORARY FACILITIES (a) Utilities for.Construction - The Contractor shall arrange and pay for all gas, water, ' and electrical power used by him. He shall provide heat, at his own expense, as necessary for all areas. Electrical service connections shall be provided at the site by the Contractor for the purpose of field office lighting and any temporary lighting and power requirements for construction purposes. The Contractor shall determine the location of the existing electrical connection; shall make all temporary connections; provide all necessary extensions thereto, and shall remove all temporary connections and extensions at the completion of the Work. The Contractor shall provide his own facilities for compressed air supply and steam. Temporary utilities of all kinds shall , be removed promptly after their use has been discontinued, unless otherwise approved by the Owner. (b) Drinking Water - The Contractor shall furnish potable drinking water and disposable , cups at the job site. The drinking arrangement shall comply with applicable requirements of the Arkansas State Health Department. (c) Bracing, Enclosures, Protection, Etc. - The Contractor shall properly and completely brace all parts of the work as necessary during the construction of the building. When necessary for the protection of materials or work, 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 famish 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. . I W:\2007\072150 DRAKE\SPECS%SPECv vPRov.00C Special Provisions - 22 I 1 (g) Storage and Working Areas - Storage areas will be provided for the storage of the Contractor's materials and equipment, and he shall confine his materials, equipment ' and operations of his workmen to such limits as indicated by the Owner, and shall not unreasonably encumber the premises. No workmen shall trespass within other areas or buildings of the Owner than those related to the work of this Contract and the Contractor shall rigidly enforce this regulation. ' Any materials, equipment or temporary structures belonging to the Contractor shall be moved when so directed by the Engineer to permit the execution of Work by others in connection with the Project. ' Materials shall be stored so as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wood platforms ' and covered, or stored in a suitable building as directed by the Engineer. Stored materials shall be located so as to facilitate prompt inspection. ' PERMITS, LICENSES, LAWS, ORDINANCES, REGULATIONS AND TAXES. The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The Owner shall assist the Contractor when necessary in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. The Contractor shall give all necessary notices, shall pay all fees required by law and shall comply with all laws, ordinances, governmental. rules and regulations applicable to the Work, to labor employed on the Work, and to the preservation of the public health and safety. The Contractor shall ' indemnify and save harmless the Owner from and against all liability with respect to penalties and/or interest that may result from non-compliance with any such laws, ordinances, governmental rules or regulations. I. 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. _, W:\2007\072150 DRAKE\SPECS\SPECIAL-PROV.DOC Special Provisions - 23 U 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") 1 END OF SECTION 1 1 W:\2007\072150DILAJC1\SPECS\SPQALFROVDOC Special Provisions - 24 I ' ITEM P-620 RUNWAY AND 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 - 1 952D, Type II. ' 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Fed. Spec. TT -B-1 325, 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 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45 degrees F (7 degrees C) and rising and the pavement surface temperature is at least 5 degrees F (2.7 degrees C) above the dew point. 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. W:\2007\072150\SPECS\P-620.doc Section P 620 - 1 1 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 runway markings shall be cleaned of rubber by high- pressure water blasting. 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 pavement 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: 1.. All runway and taxiway holding position markings. 2. Runway threshold marking. 3. Runway side stripes 4. Runway aiming point markings 5. Runway designation marking. 6. Runway touchdown zone markings. 7. Runway centerline marking. 8. Taxiway centerline marking. 9. Taxiway edge markings. 10. Blast Pad Chevrons 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 +/- 1/2 inch (12 mm) greater than 36 inches to 6 feet (910 mm to 1.85 m) +/- 1 inch (25 mm) greater than 6 feet to 60 feet (1.85 m to 18.3 m) +/- 2 inches (51 mm) greater than 60 feet (18.3 m) +/- 3 inches (76 nun) 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. W:\2007\072150\SPECS\P-620.doc Section P 620-2 I I I I I I I I I I H I I I n TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS ' Paint Square feet Glass Beads, Type III Paint Type per gallon, 112/gal Pounds per gallon of paint--lb./gal. 1 Waterborne 115 ft2/gal. maximum 7 Ib./gal. minimum 1 Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass beads immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall 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, 2 Runway Rubber Removal, per lump sum. Bid Item No. 3 Runway Marking Restriping, per lump sum. ' Bid Item No. 4 Taxiway Marking Restriping, per lump sum. Bid Item No. 5 Chevron Marking Restriping, per lump sum. W:\2007\072150\SPECS\P-620.doc Section P620-3 I TESTING REQUIREMENTS ' ASTM C-146 Chemical Analysis of Glass Sand ASTM C 371 Wire -Cloth Sieve Analysis of Non -plastic Ceramic Powders ASTM D 92 Test Method for Flash and Fire Points by Cleveland Open Cup ASTM D 711 No -Pick -Up Time of Traffic Paint ' ASTM D 968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D 1652 Test Method for Epoxy Content of Epoxy Resins ASTM D 2074 Test Method for Total Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D 2240 Test Method for Rubber Products-Durometer Hardness ' ASTM G 53 Operating Light and Water -Exposure Apparatus (Florescent UV - Condensation Type) for Exposure of Nonmetallic Materials. ' Federal Test Method Paint, Varnish, Lacquer and Related Materials; Methods of Inspection, Standard No. 141 Sampling and Testing MATERIAL REQUIREMENTS ' ASTM D 476 Specifications for Titanium Dioxide Pigments Code of Federal Regulations 40 CFR Part 60, Appendix A 29 CFR Part 1910.1200 Fed. Spec. TT-B-1325Beads (Glass Spheres) Retroreflective Fed. Spec. TT -P -1952D Paint, Traffic and Airfield Marking, Waterborne Commercial Item Description (CID) A -A -2886A Paint, Traffic, Solvent Based Federal Standard 595 Colors used in Government Procurement ' END OF SECTION ' W:\2007\072150\SPECS\P-620.doc Section P 620 -4 1 I 1 1 I I. 1 1 1 1 1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION • Southwest Region Fort worth, Tens Airport Safety During FAA -Funded Airport Construction and FAA SUt3J: Facilities Maintenance . 2OD. 6/6/89 1. FURFOSE. .This Order establishes airport safety standards for FAA -fu :led mastication and FAA facilities maintenance. 2. ors-miairSON. This Order is distributed to the Section level in the Airports and Airway Facilities Divisions, to the B arxdr level in the Flicht S`rareards, Air Traffic, and Civil Aviation Security Divisions, to all Southwest Region field offices and facilities, and to F & E Field InstallatiorvConstruction Representatives. CNCISTTN Order SW 5200.5, Safety Require•msts on Airports Di -in Agency Funded Construction Activity, dated 11/21/75, is cancelled. 4. ECLWSATIo4 OF CT -9s, S. This order revises and urx4ptes criteria to to usa duri.•g onst.-uction and raintenance on airports, consistent with cursor Advisory cinuien and agency safety regulations. 5. DE-INLiICIN'S. a. Airport Elevation - the highest point on the larrii;rg surface of an airport b. Certificated Airport - an airport which, by law, is safety regulated by the FAA under Part 139 of the Federal Aviation Regulations, and which operates under specific safety requirerrerits which apply to maintenance and consuction activities on the airport. Certificated airports are listed in Appendix 2. c. Displaced Threshold a runway laixling threshold which is located at a point other than at the beginning of the full-stsarr,,h pavement. A to r displacerent ray be used to give landing aircraft adequate clearance over cxzstruction equip -rent or other objects in the approach area of a rurnay or adjacent to a runway_ d_ Cbstacle Free Zone (OFZ) - a design standard involving irraginary surfaces in the vicinity of a runway.. They are the RLrr..ay OFZ, Inner- `-arsitional surface OZ, and Inner-Aroroach OFZ. Dis:iioulion . A -K -S (?/AF) ; PL. • SW 5200.5A 6/6/89 e. Obstruction a structure, natural growth, vehicle or construction I rate-lial which penetrates any airport ltkagraly surface defined by FAR Part 77, inclucing primary, transitional, approach, horizontal, and conical surfaces ' f- Relocated Threshold - a runway end which is not located at the physical end of the pavement. Ifpart of a runway is closed for landing and takeoff beginning at the pavement end, then the threshold has been relocated. (Note: this term is not used in the Notice to Aitren systen-) ' g- safety Area - the ground surface next to runways, taxiways, an-i aircraft parking areas which is expected to be graded, drained and free of any hazardous surface variations and nonfrangible objects, and which is to reduce the risk of damage to an aircraft inadvertently leaving airport pavement. h. small Aircraft one weighing 12,500 lbs. or less maximum certificated takeoff weight. i. Large Aircraft - one weighing more than 12,500 lbs. maximum 'certificated takeoff weight. . 6. P TRE5. Aviation safety is a priraty consideration during airport constriction and facilities maintenance- These activities shall be planned ' and sc::eduled to minimize disruption of nor -al airs aft g curd 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 acess control, and movement and identification of construction and FAA personnel and ' vehicles. a- These standards shall be used to develop specific safety treasures which FAA employees, 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 pe-*nitted only after coordination between Airports, Air Traffic, Airway Facilities,- Flight ' Standard's, and Civil Aviation Security Divisions, airport management, and affected aviation users. b. Bid doarrents for on -airport ' include general arxi specific safety order, so that contractors are aware acoly during the project to maintain 1 L C I construction or maintenance projects shall :equire'nents, based on Appendix 1 to t-iis of the costs and constraints which will a high level of aviation --safety - ' 6/6/69 SW 5200 I.. c. If the cle rarces and restrictions described in this order carte maintained while construction or maintenance is urde_-gray, action will be take, as acp riat e tc: (1), close runways, taxiways, or aprons, (2) relocate or displace runay thresholds temporarily, (3) perform cork at night or during pc -ice of minimal aircraft activity, (4) close affected areas to certain "types of aircraft, (5) restrict aircraft use by weight,. wingspan, approach sped or other characteristic, (6) shut down or restrict use of navigational or acproac; aids. ' d_ FAA e^91ovees who are responsible for constrixrtion or rainterance activities on airports shall a�ordinate project safety and secyrity raquirerents and iriaacts with the airport sponsor as soon as the i acts have been identified but before czrnitients are ..-.ade with contractors cr others to perform work on an airport. coordination will vary fruad fonal oredesign ccnfezwces to informal contacts with the airport n-arager or responsjble sponsor official before starting cork. 7. SAFI;'_Tv I?'DACTS. Potentially hazardous conditions which ray czzfljr airing airport,cnstruction and naintenance include the follcwir)g: a. FXcavatiors, trenches, and stoc )mild rete_rial on or near run ays, taxiways aril aprons. b. construction equipTent on aircraft ocezating areas or Li n_:..av approaches or decarture areas. c. Inadequate constriction area marking or lighting. d. Lack of cons_-ol over vehicle ass to aircraft ccerating areas unauthorized entry of personnel, vehicles, or animals_ e_ •Lmadn:ate vehicle tharkirxi or lighting. f. I�ficie-rt n rking and lightirc of te•. orary n_-r_av tL g. Failure to issue, update, or cancel Notices to Phan cnce_^Lr airport or run.av c!cs,L-es or other crrcJction-related airPcrt crt±±_;crs. L_1 I Pal~ 6 [1 I I I I I I H I a. Obstacle Free Zone ' (1) Objects, vehicles, and stcckriled :-ateri-? no= -ally are not -srnitt& to penetrate an OFZ. OFZs are shctn on Figure 1_ ' (a) Runway OFZs are applicable at any tire the runway is open for aircraft use. On precision runways, the inner-aporcach and inner - transitional surface OFZs must be kept free of penetrations only when the weather corrlitions are below an 800 ft_ ceiling or less than 2 miles visibility and aircraft are using LLS approaches. ' _a- (b) Objects which do not penetrate an OFZ still ray ruinnotice to the FAA under FAR Parts 77 or 152 and ray be obstructions to air navigation_ Those objects which exceed F?R Fart 77 ocs`ruction startrd$ are to be appropriately obstruction marked and, if used at nicht, obstruction ' lighted. Crane or other equipment of unusual height may require special consideration and ocordination with FAA operating elerents and aiL-rort users. SW 5200.5A 6/6/89 h. Failure to mark and identify utilities or pc.;er cables, resulting in loss of airport lighting; navigational; vis ?1, or app oaeZ aids; weather reporting service; or camijrdcations. i. Unauthorized vehicle operations in lccalizer or glide slope critical areas, resulting in electronic rote --fare or facility shutdown. j. Construction debris (gravel, sand, rrxd, paving material, etc.) on airport paverrents, resulting in aircraft prop, turbine engine, or tire daaage. k. Doped pavenent edges (drepoffs) fray runways, taxiways and aprons to - adjacent pavement sections or shoulder -s. 1. Construction activities which haver airy -aft rescue/firefighting access fran fire stations to the runway-taxi:.ay systa^t or airport buildings_. in. Lack of radio coraauucation with ctrst--uction and maintenarxe vehicles in aircraft operating areas. a. SAFETY STANDARDS. Paragraphs a through h below define safety staff-xards and guidelines for FAA -funded oonstrvctien and F -kA raintenance activities on airports - I I 6/6/39 SW 5200 (2) T;ne dir�nsions of an Obstacle Free Zone are as follcc.s: (leved t • Figure 1). ' (a) Rur:.ay Ctstacle Free Zone (See A in Figure 1) ext€ 200 feet beyond each end of the runway and has the following width for: 1 Runcays serving s-rall aircraft: ' Precision ins`nt runcay - 300 feet Other runways - 250 feet. ' 2 Rrnays serving large aircraft: The greater of 400 feet, or ' 180 feet plus the wingspan of the rest dera-�irr, airplane, plus 20 feet per 1000 feet of airport elevation. (Note: The runway OFZ width for all transport runways on certificated airports i-i the Southwest Region (Appendix 2)15 400 feet.) ' (b) I;re-Acoroach Obstacle Free Zone (See B in Figt-e 1) The Inner-Aporcach CFZ applies only to ruTrays erns ::ith an aczn-oac: lig':t_rn system. 2 3 thnLng 200 feet fin the runway threshold and ending 200 feet beyond the last light unit in an approach lighting system, ' width same as the Rurr-ay OFZ, slooe 50:1, beginnirxg at. r--iaay end elevation_ (c) Inner- ansitional Surface Obstacle Free Zone (See C in Figure 1) 1 The Inner fl- nsitional Surface OFZ applies only to ' prns`rrent r_ ecision irr.ays. 2 Sloce 3:1 pereerdicula-- to the r=,, -ay center' ire and exterdirc laterally f the edces of the r.r-,_ay OFZ and accrcach OFZ to a height of 150 feet above airport elevation. H I H Pars .SW S200.SA . 6 i C I»ER-T?,LCSiTIOyL SURFACE OFZ LV ' 150' ABOVE AIRPORT E'LEVATIOS RUNVAY O'Z \3: 1 ' RUN- .AY • \3 • B INNER APPROACH OF= INNER-TRL\'SITIOX.AL SURFACE OF. 3 RUVWAY OF= 1 ... I ^ A -- 4. 1 ' "S. 1 OBSTACLE FREE ZO'%E Page 6 6/6/89 S 5201 b- Approach Cleararr_e Over Equiprent and Material (1) construction activity iri a nlrnav acoroaci1 may result in a need to displace the landing threshold tanporarily.- If an cbject penetrates a surface shown in Fig. 2, displace the threshold to a point Where the surface opt penetrated. (2) Obiects which do not penetrate these sur-faces still may be obstructions to air navigation and/or may affect standard instrtu,ent arcs -n h procedures. Coordinate these with the Airspace ant Procedures , ASw-53( and the Flight Procedures B anch ASW_220, as r essaiy. U 20 mrwayj Runway Equipment D 20:1 T7 r hold Location Surface Dirensions Small Aircraft Large Aircraft A 0 200 B 250 400 C 700 1000 D 2250 1500 Fig. 2 Thinway Threshold Location Pars. -.-.. Pace SW 5200.5A 6/6/59 1 ' (2) When ecuiurrent or coflStruction/Taintenance activity must be on a r=. ay and a decision is made to keep part of the runway open for aircraft, part of the n:rrray zest be closed as shorn in Fig. 3. The dirensions shc.T, are recztne ed; however, a larger closed area than shorn may be ne essaiy •de ing on aircraft use, level of activity, pilot technique, and equip• ent height, and a smaller closed area may be possible under scr,,e ciramst . 'These rer rrersdaticrs are based on equip ent heights of about 15 feet; hider objects way require special consideration. I H 1 ' closed Area USABLE RUNt,AY 500' OR 1000' Eaiprentf ' E7 Rfl. ATED THRZSr:OLD D D Use the following distances from the oonstructior/nai.— activity to the relocated threshold: Small aircraft (12,500 lbs. or less) - 500 ft. Large aircraft (More than 12,500 lbs.) - 1000 ft. I Fig. 3 Relocated Threshold For Eq,; pment on the Runway I U i 6/6/89 SW 5200. c_ Runway and Taxiway Safety Areas. (1) Rurcrav safety areas - cOnstnttion or maintenance activity is prohibited in runway safety areas while the full lennth,of the runwa • Normal FAA maintenance of visual, approach, and navigatia J aids isy is cpen permissible within safety areas provided vehicles, material, -.and excavations d not penetrate a runway OFZ and requixeants of paragraph 7b for ar_prcach ' clearance over vehicles, equiprent and material are wet. (2) Rivxrav safety area dinensions are shcxrn in Fig. 4. F]cj_tjr, • safety areas at a particular airport may be larger or sial1er than the starlda• rt dijrension listed. If cbrstruction'or.maintenarce activity mist take place • within the specified safety area, it is also acceptable to rests-ict the runway use to a sreller size of aircraft and use a narrv.ier and/or shorter safety area ' d x'e xion for the duration of the activity. ' a _Ib ��i, c ' Safety Area TIM4AY DESIGt CATEGORY SAFI= AREA DIl LS IONS (Ft ) a or b (1) c (2) ' 1. Utility AC 150/5300-4 a. Visual or Nonprecision Design Gram I 30 120 200 Design Grcxm II 40 150 300 b. Precision Inststaaent Design Group I 110 300 600 Design Gram II 100 300 600 Design Gram III. 100 300 600 2. Transport AC 150/5300-12 500 (3) I 1000 ' (1) Use cthensjon a or b, whichever.results in the greater distance fral the run way centerline. (2) Use dirren_sion c or the existing safety area la- `r, wtric`rever is less, but no less than 200 feet. •' (3) Sane cns-tificatai airports have or permit use of 400 -foot wide r�-..a safety areas during construction and m=_interlwrr_e. Cccrdinate prcccsals vlth the Airports Safety Se✓tion, A -SW -651. - Fig. 4 r -ay Safe -v Armes ' Par c ' =e SW 5200.5A 6/6/89 (3) Taxiway safety areas/obstacle free areas - see Fig. 5. cortstrvction/mainteflance activity is permissible in taxiway obstacle free areas and safety areas. if the activity is hazard marked arri/or lighted and txjm1s are in effect. special consideration n.LSt be given to the height of barricades, flashers and other warning devices to clear airaaft wingtips, propellers, engines etc. Other actions nay be necessary such as: - Using "wingwalkers" to guide aircraft past hazards, - Using temporary taxiway marking/lighting to detour aircraft clear of the area, - - Moving equipment and personnel well clear to allow aircraft to pass safely - Design Group (2) p I II III IV V 49 79 118 171 214 88 130 186 250 320 Free Area Width (1) Typical airyali.ct ±2 these grOus are '_is`a= _-: Aooendx 3_ Fig. 5 Ta iw.ay C1ea_rances Pa_ Page 10 616/89 sow 5200 1 d- Marking and Lighting ' (1) Te- ra_ry displaced ra av threshold: ' (a) Mark with yellow arrows and a white threshold stripe as shorn in A.C. 150/5340-1, or I. (b) Use alternate rarking which is: 1 Clearly visible to the pilot, ' 2 Not misleading, confusing, or deceptive,- 3 Secured in place -to prevent rrrverent, ' 4 Made of Hate-ial c.hic'h will minimize damage to aircraft which care in contact with the racking- ' (2) Teror nary relorated n av threshold (partial closure of a runway): I. (a) Mark with yellcc.- c`.e•• ens as sham in A -C. 150/5340-1, or use alternate narking as desc be Ln par. lb above. (b) Thn'ay distance re-rzi-dn3 signs ray need to be overall or rencvel during the closure. (3) Temmrary runway thresholds mist be lichtai if all or part of a runway is to be ocen at night during construction or maintenance. The airport - operator may already have tan5ra-ry threshold lighting available, but this should be determined in advance.. (a) Use light lens o1e_s and spacing in A.C. 150/5340-24, Firway and Taxiway Edge Lighting Sys a -n (b) Disable edge lightsaidthreshold lights on closed parts of runways. On saw lighting syste--s, it ray be necessary to cover a light rather than rercving the lane or fixture- (c) Disable visual glide slcoe indicators (VASI, pr, PLkSI, etc.), REIL; and approacz lights width world otherwise give "mislead rg ' indications to pilots as to the t=-a_shold loation_ Installation of to z-azy visual aids may be necessary to pr -vide adequate guidance for pilots on arproach to the affected rurr_ay. The ,,-ay bE funded or provided by the i?A or ' the sponsor. I I Fat -S �in 1 SW 5200-5A 1 I I I LJ I (4) Clcse3 rurr..av markira: 6/6/S9 (a) Use yellow "X" marking as span ih A.C. 150/5340-1. (b) Closed runway narking is not required on airports with 24 -hour Control Ttzmrs if the closed rurnzy cannot be mistaken by pilots for nearby open runways and the airport operator consents to cnitting them- In sate cases, closed runway marking could interfere with the use cf the runway for aircraft taxiing if this is to be allowed toile the runway is closed for landings and takeoffs. (c) Closed nuaay marking is not required on runways which are closed only at night provided that: 1 Airway lighting and visual aids are off, 2 Notarrs are in effect regarding the closure. ' (5) Hazard maz-kira (barricades, traffic cones, flashers, etc.) shall be used: ' (a) Tb outline conet uc ion./raintanaPce areas trines are accessible to aircraft, persons, or vehicles, ' (b) To identify isolated hazards such as oxen ranholes, small areas under repair, st c k.oiled material, waste areas, etc., ' (c) To prevent aircraft swot taxii.-clos ed onto a iunway for takeoff, (d) 'It identify FAA, airport, and National Weather Service ' facilities, cables, power lines, IIS critical areas and other sensitive areas, in order to prevent danege, interference, and facility Shutdown- e- Navigation Aids and Irstrrn nt Approach P_- ures (1) The reed to shut dccc, navigaticra , acorach, or visual aids shall be deter fined on a case--by-case basis. Flight Stardars, Air Traffic, ' Airports, and Air -ay Facilities offices shall be involved in the decision as y- ' (2) Ctns'trtcticn on or preen nirr vs .-.ay severely restrict the use of S- _rd Irstnnrerrt Approach Procedures, and all phases of the project shall be c=crdirazad with the Flight P_rccedres Brant^., AS4-220, to determine the ' effe✓ts- L Notices To Amen (NC -Ji) '(1) Re tcrsi^ilicv fcr issai-pan t:c`s shall be dernr-njr fore cores``-ucticn or rai tenance begins_ Refer to Order '930.1, National Notice to i ,te-n Svs"ttn. 1 Page 12 ti- I [1 I I I I I I En C I I b. Airport irprvvezant Program (AIP) projects Advisory Circular ' 150/5370-10, "Standards for Specifying Construction of Aiiports," General Provisions 40-05, Maintenance of Traffic; 70-08, Barricades, Warring Signs, and Hazard Marking; 80-04, Limitation of Cperrations. 1 (2) Notans shall be issued and conditions shall be person having reasor inaccurate shall not SW 520 on shutdown or irimular operation of FAA --area facilit cancelled only by FAA errgloyees. Notams on airport issued and cancelled only by the airport sponsor_ Any r to believe that a Notam• is mi_ssirg, irr`.zrnlete or ify the responsible person - g. Vehicle Identification. FAA employees who operate vehicles on an airport shall conply with the airport Owner's rules for vehicle nar5cfrg lighting, and operations, unless FAA rguireirests are pore stringent_ Vehicles operated by FAA employees on active runways, taxi ways, or safety areas shall be marked with orange and white flags or flashing yellow beacons during daylight haws, and with flashing yellow. beacons at night. Contractor • and suppliers shall be informed of the applicable requi-rarents of the airport • sponsor by the FAA or airport sponsor enpiloyee responsible for the cork. h. Controlling Access Tb 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 constriction traffic or Taal security/safety rules nay require use of personnel to control access through gates or fencing, or across aircraft movement areas. Radio ctunications Tray be required between these personnel and a Control Tower if equipment and personnel muss` enter or cross an active Aircaft Movement Area. - (2) Vehicle parkin areas for FAA and contractor e.*rmloyees shall be designated in advance to minimize vehicle traffic in aircraft nnverrent areas while still providing reasonable exployee access to the job site. 9. STANGLRD SAF£rf SPECIFICATIONS. 'General safety provisions which apply during contract work on airports are contained in the following documents: a. Facilities and Ecuip it (F & E) Program projects - Additional General Provisions, FAA P-1, Clause No. 75, "Special Precautions for Work at Cperatirr, Aurports." I I 11 Par 8 P=ce '13 1 ' SW 5200.5A 1 10. P5CIECT SPECIFICATIONS. Specific safety tents for a project say be ' developed using the guide in Aooei)d x 1 of this Order, or ray be %--rit`trl or provided in other fo_-zs wAtuth provide sinilar guidance_ The project safety reqnfreajps shall be included in the plans and specifications, as acolicable, when an invitation for bids is issued. Don P. Watson_ Regional Administrator I. 1 I. 1 Page 1C 1 6/6/x5 �- 5 I I. - I I H I I H I L I I I I I Li APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available .Quantities And of Sufficient Quality (Jan 1991) Acetylene, black. Agar, bulk. Anise. Antimony, as metal or cxide Asbestos, amosite, chrys- olite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestics editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. .Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. 1 Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra and sisal. Goat and kidskins. Graphite, natural, crystal- line, crucible grade. Handsewing needles. Hemp yarn. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incor- poration into building systems during construction or repair and alteration of real property.) Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. oiticica oil. Olive Oil. IT APPENDIX D I' List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient ' and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) ' olives (green), pitted or Tungsten. unpitted, or stuffed, in Vanilla beans. bulk. Venom, cobra. Opium, crude. Wax, canauba. ' Oranges, mandarin, canned. Woods; logs, veneer, and Petroleum, crude oil, un- lumber of the following finished oils, and finished species: Alaskan yellow I. products (see definitions cedar, angelique, balsa, . below) ekki, greenhart, lignum Pine needle oil, vitae, mahogany, and teak. I. Platinum and related group Yarn, 50 Denier rayon. -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. C I - APPENDIX D I 3 I I As Engrossed: 2/10/91 I Sutc o(Atkansas ACT 29 11993 2 79th General Assembly A Bill ' 3 Regular Session, 1993 SENATE BILL 320 • 4 By. Senator Kect 1 7 For An Act To Be Entitled g "A.li ACT TO REQUIRE THZ INCLUSION IN ALL BIDS FOR PUBLIC 9 WOR_XS PROJECTS A SEPARATE PRICE PAY IT ES FOR TRENCE OR 10 EXCAVATION SAFETY SYSTE.'fS; TO IN1ALIDATE BIDS ,;::CH DO NOT 11 CONTAIN SUCH PROVISIONS; TO DECLARE AN E2SERCEliCY; AND FOR ' 12 OTHER PURPOSES." 13 ' 14 Subtitle 15 "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC 16 WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR 17 EXCAVATION SAFETY SYSTEMS." 1g . 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF.TH° STATE. OF £RXABSAS: 20 21 SECTION 1. Whenever any agency of this state or or any county, •' 22 municipality, or school district, or other local taxing unit or improvement ' 23. district enters into a contract covered by the previsions of Arkansas Code Si 24 22-9-202 - 22-9-204 for the making of repairs Cr. alterations or the erection 25 of buildings or for the making of any other improvements, at for the 26 construction or improvement of highways, roads, streets, sidr:alks, curbs, 27 gutters, drainage or sewer projects, or for any other construction project in ' 23 which the public work or public improvement construction project involves any 29 trench or excavation which equals or exceeds five (5) feet is depth, the 30 agency, county, municipality, school district, local taxing u-' or 31 improvement district shall require: •' 32 (1) the current edition of OccupaClonal Safety snd Zeslc= C r ,• 33 Administration Stsrds.-d for £ccsysclon and T:eccSes Ssfecp 5?stzrn, 29 Ct. 3! 1926, Subpart F, be specifica1lp incorporated into the spec_1flcst_ions for Cb 35 project; and 36 (2) the contract bid form to include a separate psp Ice= for ' yj C76 I As Eagrvsxd: 2/10!93 SB 1 trench or excavation safety ayscems and ho included in c!e base bid. 2 3 SECTION 2. In the event a contractor fails to cceplece a separste pal, 4 ire m In accordance with theapplicable provisions of Section 1 of this act, 5 the agency, county, eunicipalicy, school district, local [axing unit or 6 improvement district shall declare that the bid fails to c cp17 f•_1ly with ci 7 provisions of the specifications and bid documents and -ill be considered 8 invalid as a non -responsive bid. The owners of the above stated project sba� 9 notify the Scare Department of Labor (Safety Division) of the award o: a 10 contract covered by chi$ act. 11 12 SECTION 3. All provisions of this act of general atd petanent nature 13 are amendatory to the Arkansas Code' of 1937 Annotated and the Arkansas Code 14 Revision Cccaission shall incorporate the same in the Code. 15 • 16 SECTION 4. If any provisions of this act or the application thereof .... 17 any person or circumstance is held invalid, the invalidity shall not affect 18 other previsions or applications of the act which can be given effect vithotL 19 the invalid provisions or application, and to this end the provisions of this, 20 act are declared to be severable. 21 22 SECTION 5. All laws and parts of laws in conflict with this act are 23 24 25 26 27 23 29 30 31 32 33 34 35 36 hereby repealed. SECTION 6. Ecergency. It is hereby found and determined by the Seventy -Ninth Ceneral Assembly of the State of Arkansas chat the -well-being o Arkansas' craft workers are unnecessarily exposed to the hazards of trench excavation and the immediate passage of this act is necessary in order to protect the health and safety of the Arkansas worker. Therefore, an ecergencl is hereby declared to exist, and this act being necessary for the 4_. ediate preservation of the public peace, health, and safety, shall be in full force ' and effect from and after its passage and approval. /s/ Serscor Keec APP I I I I I I I I I I I I I I I I I P -I PATT ONA L SAFETY AND HEALTH 1926Subcart AD 7ROC'EDCA i Overvinr Subpart P - Excavations - What are the most frequently cited sr.cus ° 29 CFR 1926.65IQ)(2) was dceted by 59 FR ;0730, Excavation violatiecsl (laauarj 1. 1990 to dated August 9, 1994 (publication on offintj ttic Su rt April I, 1996) M of Part 1926 (Fall Protec(ion)). 29 CFR I926.652(ax!) (Protection ir. Excavations) .651(k)(1) (laspections) .651UX2) (LooseRock/Soil) .651(cX2) (Means of Egress) .651(d) (Vehicular Traffic) .651(k)(2) (lnspectioas) .651(h)(1) (Water Accumulation) • .6510)(1) (Loose Rock/Soil) .65! (1X2) (Walkways/Guardrails) • .651(e) (Falling Loads) .651(1)(3) (Adjacent Structures) .651 OX I) •(W alkways/Guardrails) .652(b) (Sloping/Benching Systems) .651((I)(1)(Adjacent Structures) .652(c) (Design/Protective Systems) .652(g)(2) (Shield Systems Requirements) .652(g)(1) (Shield Systcros/Geaeral) .651 (b)(4) (Underground Installations) .651(gX!) (Hazardous Atmospheres) .651(a) (SurfaceEacumbraaces) .652(a)(2) (Protective Systems) P-2. What arc some c ective control aeas ;at ra ._L can used for the serious hazards discussed is P- 1? A. rrecomcetentpconshoulddevdee a check list emm1e a g ae iu.:s listed in P -I and use the Us: to ide y and cored unsafe cc unhealthy conditions that ends[ on a particular wor!csite. B. All excavations including tenches must be shored or sloped that are 5 feet (1.52 m) in depth, or greater ' (I926.652). For excavations less than 5 feet (1.52 m) in depth, the competent person examines the excavation for potential cave-in hazards and makes a detc.^.inadon if protection is needed (1926.652(a)(I))• I P-1 I I OCCUPATIONAL SAFETY AND HEALTH 1926Suboart P REGULATIONS AND PROCEDURES 1926 Subpart P - Excavations AUTHORITY: Sec. 107, Contract Wore Hots acd Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 3, Occupational Safer/ and Health Act of 1970 (29 U.S.C. 653, 655. 657); Se retary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (4l FR 25059), 9.83 (43 FR 35736), or 1-90 (55 FR 9033), as applicable. Section 1926.651 also issued under 29 CFR P art 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 andappficatiorc This subpart applies to all open excavations made in the earth's surface. Excavations ate defined to include trenches. (b) Definitions applicable to this subpart Accepted engineering practices means those requirements which are compatible with standards of practice rcquired by a registered professional engineer. Aluminum Hydraulic Shoring means a pr_ -engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (wales). Such system is designed specifically to support the sidewalls of an excavation and prevent cave-ins. Bel! -bosom pier hole means a type of shaft or footing ccavatien, the bottom of which is made larger than the cross section above to form a belled shape. Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels er steps, usually with vertical e, - near -vertical surfaces between levels Cave-ilt,r cans the separation ofamass mass of soil or rick material from the side of an exavation, or the loss of soil from under a trench shield'or support sv sm, and its sudden moverneat into the excavation, either by falling or siiding, in sufficient quantity so that it could entrap, bury, or other wise injure and immobilize a person Competent person means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate that Goss bracer rneati the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales Excavation means any man-made cut, cavity, trench, or depression in an earth surface. formed by earth removal Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation wor<. Failure means the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere means an at:.osphrc which by reason of being explosive, flammable. poisonous, corrosive, oxidizing, irrtating, oxygen deficient, twcic, or othcxise harmful, may cause dewy , illness, or injury. rxlt'Out mess the accidental release orfailtyc of a cross brace. Li I I I I I I I I I H I I I I P2 I I I IOCCUPATIONALSAFE'IYANDHE-ALTH ....1926.6:0(b) REGULATIONS AND PROCEDUP S I I 11 I 11 I I I I I I I Proeersvesystem means a me hod of protecting cployccs from cave-ins; from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structure. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that ,provide the necessary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state what the work is to be performed. However, a professional engineer, registered in any state is deemed to be a registered professional engineer' within the meaning of this standard when approving designs for 'manufactured protective systems' or 'tabulated' data' to be used in interstate commeroe. Sheetiirg 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- Shfefd (Shieldsystent) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either ptemanufactursd or job -built in accordance with 1926.652(c)(3) or (cX4). Shields used in trenches are usually referred to, as trench boxes' or "trench shields.' Shoring (Shoring system) means a Structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins. . Sides. See 'Faces.' Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an esavation that are inclined awry from the excavation so as to prevent cave-ins. The angle of incline requited to prevent a cave-in varies with differences in such factors as the soil type, cnvitvrmentaf eanditiors of exposure, and application of surcharge loads -. Stable rod: means natural sold minc al mater at that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving -in or movement by rock bolts or by anothe- protective system that has been designed by a registered professional engineer. Struthrral ranrp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock arc not considered stnrctural 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 engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (m relatioa to its length) made below the surface of the ground. In general, the death is Beater than the width, but the width oft trench (measured at the bottom) is actgreaterthan 15 feet.(4.6 m). If forts or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also considered to be a trench. Trench boo See'Shield." Trench slriefd See'Shield." Upright[ means the vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual mcmbrs do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called 'sheeting.' Wales means horizontal members of a shoring P-3 1 I OCCLT?ATTONAL SAFETY AND HEALTH 1926.650fb1 .. ". .. - . RECULITiONS AD ?ROCFDC'R?S sysea placed parallel to the excavation fact whose rdv bear ago rest the vertical membe s of the shoring r: Sea or earth 1926.651 - General Requirements. (a) Surface encumbrances. All surface ccumbrances that are located so as to create a hazard to employees shall be' tcnovcd or sucportd, as eccessary, to safeguard employers. (b) Underground installations. (1) The estimated location of utility installations, such as sewer, telephoee, fuc[, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation. (2) Utility companies or owners shall be contact within established or customary local response times, advised of the proposed work, and asked to establish the location of the utility undo ground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unles a longer period is required by state or local law), or cannot establish the exact location of the= itssWlations,the employer may proceed. provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations arc used (3) Wite-i excavation opclions approach the estimated location of underground instailatiors. the exact location of the installations shall be detcrained by safe and acceptable means. (4) While the excavation is open, under ouiid installations shall be protected, stppertd orrmovd as necessary to safeguard employers. (c) A ccess and egress - (1) Strucruralramps. n Stnrctu al ramps that arc used solely by employees as a ptazs of access or egress from excavaticass"fl ter designed by a camper tt pence Structural ramps used for access or egtes of equipment shall be dmie:d by accmpct tpcycaqualifld r_cant[ design, and shall be coast-.:ctr in accordance with the design. (u) Ramps andrtrwaystutu-xtdof two or more structural me b s shall have the stuctural members cannectd together to prevent displaced. - .(iii) ..SttvC.uralmmbersusdforramps and. nriiways shall be of uniform thickness �tv) Cleats or other sopropriate means , • used to connect runway -ucur-al • members shall be attached to the bottom • of the nmway or shall be attached in a manner to prevent tripping. • (v) Structural ramps used in flea of steps shall be provided with cleats or • other s -¢ace Ceatmetrts o the top surface to prevent slipping. (2) Means of egress from trench , excavations. A stairway, ladder, ramp orothe safe means of egress shall be located in ttcrch excavations that are 4 feet (1.22 m) or more in depth so as to require no mot-_ than 25 feet Q.62 m) of lateral travel for employees. (d) Exposure to vehicular traf ic. Employees , exposed to public vehicular traffic shall be provided with, and shall wear, wanting vests or other suitable garments marked with or made of r_Rctorzd or high -visibility material. (c) Exposure to/alibi: loar✓r. No cployec shall be pernicted underneath loads handled by lifting or digging equipment Employees shall be required to stand away from any vehicle being loaded or unloaded ' to avoid bong struck by any spillage or faling P.4 LJ I OCCUPATIONAL SAFETY AND ICALTH . 1926.65 1(c REGULATIONS AND PROCEDURES materials: Operators' may remain in the cabs of vehicle being loaded or unloaded when the vehicles are equipped, in accordance with 1926.601(b)(6), to 'provide adequate protection for the operator during _. loading, and unloading operations. _ ' (I) Warningsysremfarnrobileequipment When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the ed ge of the excavation, a warning system shall be utilized such as barricades, hand ormcchaaical signals, or stop logs. If possible, the grade should be away from the excavation. (g) Hazardous atmospheres- ' (1) Testing and eordroLs. In addition to the requirements set forth in subparts D and E of I. this part (29 CFR 1926.50 - 1926.107) to prevent exposure to harmful Icvcls of atmospheic contaminants and to assure acceptable ' atmospheric conditions, the ' following requirements shall apply: (i) Where oxygen deficiency ' (atmospheres containing less than 195 percent oxygen) or - a hazardous atmnosphee casts or could reasonably be expected to exist, such as in excavations • in landfill areas or excavations in eras where hazardous substances arc stored nearby, the atmospheres in the excavation shall be tested before employes enter excavations greater than 4 feet (1.2 m) in depth. (ii) Adequate precautions shall be tslrn to prevent employee exposure to atmospheres containing less than 19.5 ' percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection cc ventilation in accordance with subparts ' D and E of this part respectively. ni) Adequate prxaudon shall be taken ' such as providing ventilation, to prevent employee exposure to an atmosphcrt contairix g a conccc:uatioa cf a flammable gas m exc :ssof 20 pc:. —.t of the lower fla=.mab[e limit of the gas. (iv) W'he ccrtrols are used L%at a:e intended to reduce the level of atmospheric contaminants to acc.-ctab!e levels, testing shall be conducted as of: as necessar;y to cxsu.'e that &.e atmosphere ..maims safe. . (2) Emergency rescue equipment (1) Emcrzc.:cy tesr.ue eytipment such as breathing apoarae: s, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may ieasonably be expected to develop during work in a2 excavation. Tnis equpmet shall be attended when in. use. (ii) Employees entering bell-bottom pier holes, or other similar deep and •confined footing excavations, shall wear a harness with a lifeline sccur_Iy attached to it. The lifeline shall be separate fxm any line used to handle materials, and shall be individually attended at all times while the employce wearing the lifeline is in the excavation. (h) Proterfanfron: hazards associated with water accumulation. (1) Employees sha!1 not worx in excavations in which there is accumulated water, or in excavations in which water is accunulating, unless adequate precautions have been taken to protect employees against the hazares posed by water accumulation.. The precautions r.ecessaq to protect employees adequately vary with each situation, but could include special supper, or shield systems to protect from cave-ins, water removal to control the level of sccumuiatiig water, or use of a safety harness and lifeL e. (2) If water is controlled or pr_vented from accumulating by the use of water rci ova! equipment, the water removal equipment and P-5 I I I OCCUPATIONAL SAFETY A��D HEALTH 1926.651(h)(2) REGULATION'S AND PRCCZDCRES operations shall be monitored by a cnr..ccte:.t is prodded to. protect employes from the , person to ensure proper operation. possible collapse of such strt:cturs. (3) If excavation work interrupts the natural (!) Proee on of employees front loose rock or ' drainage -of surface water (such as creams), soiL • diversion ditches, dikes, or other suitable rnears shall be used to prevent surface water from (1) Adequate prctection shall be provided to entering the excavation and to provide adequate protect employers from loose rock or soil that drainage of the area adjacent to the excavation. could pose a hazard by falling orrolling from an Excavations subject to runoff from heavy rains ecavatieaface. Such protection shall consist of will require an inspection by a competent scalrg to remove loose material; installation of person and compliance with paragraphs (h)(1) protective barricades at intervals as necasary and (hr.) of this section. on the face to stop and contain falling mateial; or other means that provide equivalent (1) Stability of adjacent structures. protection. (1) Where the stabiilityofadjoining buildings, (2) Employes shall be ,protected from walls, or other strucnues is endangered by excavated or other materials or equipment that excavation operations, support systems such as ' could pose .a hazard by falling or rolling into shoring, bracing, or underpinning shall be excavations. Protection shall be provided by provided to . ensure . 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 exavations, or by the use of retaining devices • (2) ' Evation below the level of the base or that are sufrcient' to prevent materials or footing of any foundation or retaining wall that equipment from falling . or, rolling- into could be reasonably expected to pose a hazard excavations, or by a combination of both if to employees shall not be permitted except necessary. where: (k) Inspections. Ci) A support syste t, such as underpinning, is provided to ensure the (1) Daily inspections of excavations, the safety of employees and the stability of adjacent areas, and protective systems shall be • the suucture; 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 (fli) A registered professional engineer conditions. An inspection shall be conducted by has approved the determination that the the competent person prior to the start of work stucture is sufficiently removed from the and as needed throughout the shift Inspections excavation so as to be unaffected by the shall also be made after every rainstorm or other excavation activity; or hazard incasing occ rence. These inspections are only required when employe: exposure can (iv) A registered professional engineer be reasonably anticipated. has approved the determination that such excavation wore: will not pose a hazard to (2) Where the competent person finds employers. evidence of a situation that could result in a possible cave-in, indications of failure of (3) Sidewalks, pavements and appurtenant protective systems, hazardous atrnosphe.'s, or structure shall not be undermined unless a other hatadour conditions, exposed employees support system or another method of protection shall be removed from the hazardous area until P-6 I I ' OCCUPATIONAL SAFETY AND HEALTH 192G:651(I)(2) RECULkT1QNS AND PFCCEDUSS •' the necessary precautions have been taken to atsurc their safety.._ ' (I) Fall proteSon. (I)_ _Walkways —shall--bc provided whc-d employees or . equipment aro required or ' permitted to aoss over excavations. Gurardnils which comply with 1926302(b) shall be provided where walkways arc 6 feet (1.8 m) or ' more above lower levels. (2) Adequate banierphysical protection shall be provided at all remotely located excavations. • All wells, pits, shafts, etc., shall be barricaded • or coverei Upoa 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] 1 • 1926.652 - Requirements for Protectiv e Systems. (a) Protection ofenrployeesin excavations. (1) Each employ= in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (e) of this section except whet ' (1) Excavations are made entirely in stable rock•, or ' (ii) Excavations are 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 Ito resist without failure all loads that arc intended or could reasonably be expected to be applied or transmitted to the system. ' (b) Design ofslopirrg and benching systems. The slopes and configurations of sloping a.td bcncrir.g systems shall be selected and corst rec by t`.c employer or his designee and shall be in acardance with the requirements of pars_ ach (oXI); cr, in t;.: altemative, paragraph (b)(2); cr, in the a!tcn ative, paragraph (b)(3}; or, in the altemative, paca_apa (b)(4), as follows: (1) Option (1) -Allowable confgurat ors and slopes. (I) Excavations shall be slcoed at an angle not steeper than one and ore -half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses oac of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(t) of this section. shall be excavated to fora configurations that are in accordance with the slopes shown for Type C soil in Apoeadtx B to this subpart. (2) Option (2) - Determination of slopes and configuration using Append ices A and B. Maximum allowable sloops, and allowable configurations for sloping and beaching systcas, shall be determined in accordance with the conditions and recuirements set forlt in appendices A and B to this subpart (3) Option (3) - Designs using other tabulated data. (1) Designs of sloping or benching systems shall be selected from and in accordance with tabulated data, such as tables and chars. (ii) The tabulated data sha!I be in written form and shall include all of the following: (.a) Identification of the parameters that affect the selection of a sloping or be.^.chine syster.: drawn fmm such data; P-7 1 I I OCCUPATIONAL SAFETY AND HEALTH 1926.652(b)(3)f'ii,B) REGULATIONS AND ?RGCEDUR:S (B) Identificaticn of the Emits of use of the data, to include the magnitude and configuration of slopes determined to be safe; (C) Explanatori information as may be c ary to aid the user in making a correct section of a protective system from the data. (iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request (4) Option (4) - Design by a registered professional engineer. (c) Design ofsupponrystentr, shieldrystenu, and ' otherprotzctive systems. Designs of support r: s:ceps shield systems, and other protective systeru trail ce selected and constructed by the employer cr his desig:tee and shall be is accordance with the rcquirtncts of paragraph (c)(t); or, in the alterative, paragraph (cX2); or, in the alternative, paragrach (cX3); or, i the alterative, paragraph (c)(4) as follows: (1) Option (I) - Designs using appendices A, C and D. Designs for timber shoring it tenches sail be deep mined in accordance with the conditions and requirements set forh in appendices A and C to this subpart Designs for aluminum hydraulic shoring shall be in accordance with paragraph (cX2) of this section, but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (1) - Designs Using Manufacturer's Tabulated Dafo. (i) Sloping and benching systems not (i) Design of support systems, shield utilizing Option (I) or Option (2) or systems, or other protective systems that .Option (3) under paragraph (b) of this are drawn from manufacturers tabulated section shall be approved by a registered data shall be in accordance with all professionaI engineer. specifications, recommendations, and limitations issued or made by the (r) Designs shall be in written form manufacturer. ' and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the particular project; (B) The configurations that were determined ined to be safe for the particular project; (C) The ide-try of the registered profosional engineer approving the desire.. (iii) At least one copy of the desieu shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be roads available to the Secretary upon request. (ii) Deviation from the specifications, reommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues ' spe itic written approval. (iii) Manufacturt9s spccificatiors, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written torn at the jobsite during construction of the protective system After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request (3) Option (3) - Designs using other tabulated data. P.S I I OCCUPATIONAL SAFETY AND IMALTH 1926.6:2(c)O) (i) RZCULATIONSA.ND PRCCZDURES ' (0 Ocignsofsupportsystets,shie!d systems, or other protective systems shall ' be selected from and be in accordance with tabulated datz, such as tables and charts. ' (u) The tabulated data shall be in written form and include all of the following: (A) Identification of the parameters that affect the sclectiom of a protective system drawn from such data; (B) Identification of the limits of use of the data; (C) Explanatory information as ' may be nc==ry to aid the user in maldng a correct selection of a protective systm from the data. I. (th) . At Least one copy of the tabulated data, : which identifics •the registered professional engines who approved the ' data, shall be maintained at the jobsite during construction of the protective system After that time the data may be stored aE the'jobsite, but a copy of the ' data shall be made available to the Secetary upon request (4) Opdon (•) - Design by a registered professional engineer. (t) Support systerms, shield systems, (B) • The' identef1 c e rtg st end pCOIaJ err. c:yreer approving the desig:L (iii) A: Ins ore copy of 4:e, des= shall be maintained at thejobs:e du : g cccsruccon of the protective srs:cr... After that time, the design m ay be stc ced off the jobsite, but a copy of the design shall be made available to the Sez c:a,1 upon request. (d) Materials and equipment. (1) . Materials and equipment used for prate ve rysems shall be &ten from d� ^ago or defects that might imcair their oroccr function. (2) Manufactured materials and equipment used for protective systems shall be used end maintained in a manner that is ccnsistcat with the recommendations of the manufacturer, and in a mamma that will prevent employee exposure to hazy ds.' (3) Who natc-al or ecuiomct that is used forproteeti.ve systems is damaged, a com cte :t person shall canine the material or equiom a at and evaluate its suitability for continued use. If the competedt peso cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service. (c) InstaLtation and ren:oval ofsupporr- ' and other protective systems not utilizing Option I. Option 2 or Option 3, above, (1) GereraL shall be approved by a registertd ' professional engineer. (i) Members of support systc s shall be sers.•e!y cornered together to prevent (ii)' Designs shall be in written form sliding• falling, kickcuts. or other and shall include the following: predictable failure. (A) A plan indicating the sits, (ii) Support systems sh+il be installed types, and corhguratiors of the and rmovcd in a stammer that protecis ' materials to be used in the employees from cave-ins, structural protective system; and collapses, or from being struck by P•9 I I OCCUPATIONALSAFETYANO HEALTH i 26.652(c)(1)Ctii - RECULATION5 AND PROCEDURES members of the support system. Ctu) Individual members of support systems shall not be subjected to loads -czcotdicg those which those membtm were designed to withstand. (iv) Before Iemporary removal cf individual members begins, additional precautions shall be taken to ensure the safety of employes, such as installing other structural members to carry the loads imposed on the support system. (v) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the rensuing members of the structure or. possible cave-in of the sides of the excavation. (vii) Baekilling shall progress together with the removal of support Systems foci excavations. (2) AddiGanal requirements for support systems/or trench acavations. (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 permitted, but only if the system is designed to mist the forces calculated for the full depth of the trench, and that are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. u Installation of a support system shall be closely coordinated with the excavation of trenches. (0 Sloping and benching systems. Employes shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employers at the lower levels arc adequately protected from the hazard of falling, rolling. or sliding material or equipment, (g) Shield system: - (1) GeneraL -� Shield systems tul not be subjected to loads exceeding those which the system was desiptcd to withstand (i) Shields shall be installed in a manner to restrict lateral or other, hazardous movement of the shield in the evert of the appucatioa of sudden lateral loads (ill) Employes shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields. (iv) Employees shall act be allowed in shields when shields at—. being installed, . ' removed, or moved vertically. (2) , AddidonaL requirement for shield systems . used ' in trench excavations Excavations of earth material to a level not • greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only lithe shield is designed to resist the forces calculated for the full depth of the trcacb, and there are no indications while the avch is open of a possible loss of soil from behind or below the bottom of the shield I I [I I I C I I I I I I I I I I IZU1 I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P App A - FLGUL TiONS AND ?ROCCDURES 1 1926 Subpart P App A- S oil Classification I I C C I I I I I I I -_ (i) Scope and app&caiion - - (1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the Structure and composition of the earth deposits. The appendix contains definitions, secs forth requirements, and describes acceptable visual and manual tests for use in classifying soils. • (2) App5cadan. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in (926.652(b)(2) as a method of protection for employees from cave-ins.. This appendix also applies when timber shoring for excavations is designed as a method ofprotction from cave-ins in accordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with appendix D. This Appendix also applies if other protedtive systems arc 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 classiticatioa system set forth in this appendix. (b) Definitions. The definitions and examples given below are based on, in whole or in part, the following, American Society for Testing Materials (ASTM) Standards D653-85 and D2488; The Unified Soils Classification System; The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report B5S-121. Cemented sail means a soil in which the particles arc held together by a chemical agent, such as calcium carbonate, s ch,that a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Coh+sivesoil means clay (fine grained sail), or sail with a high clay content, which has cohesiv'c strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is ptnstic when moist cohesive soil is hard to break up when dry, and exhibits significant cohesion when subr„era^d. Cohesive soils Lnclose clayey silt, sandy thy, city clay, clay and organic c!a r, Dry soil means soil that does not e:≤hibit visible signs of moisture content •Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits oce:i cracks, such as tension 2racks, in an exposed surface. Granular soil means gravel, sand, or silt (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist uiula- soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered rystznr means two or more distinctly different soil or rock , types arranged in layers. Micaceous scams or weakened planes in rock or male are considered layered Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exfubic signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saarrarian-'oes not require flow. Saturation, or near saturation, is necessary for the p taer use of instruments such as a pocket penetrometerm or sheer vane. Soil class fication s,sent means, for the purpose of this subpart, a mcthed of categorizing soil and rock deposits in a hierarchy of Stable Rock, Type A. Type B, and Type C, in decreasing order of stability. The categories arc do:crrnincd based cr, an analysis of the properties and ere^c mane chaser:erstics of the deposits and the aha ctms es of P• I 11 I I L] OCCUPATIONALSAFETYA.ti'DILALTH - • 19265ubpartPAnoA REGULATIONS AND PROCEDcRES the deposits and the environmental conditions of cxposurc. StabLe rock mein natural solid mineral matter that can be eccavated with vertical sides and rciain intact while expose: Submagedsoimcans soil which is underwater or is free seeping. Type A means cohesive soils with an unconfced, compressive strength of 1.5 ton per squirt foot (tst) (144 kPa) or greater. Examples of cohesive soils are: day, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Cemented soils such as caliche and hardpan are also considered Type A_ However, no soil is Type A if: (I) The soil is fissured; or (u) The soil is subject to vibration from heavy traffic, pile driving, or similar effects, or (iii) The soil has been previously disturbed; (iv) The soil is part of a sloped, layered system whore the layers dip into the excavation on a slope of four horizontal to one vertical (42:1\') or greater, or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B mcans: ( ) Cohesive soil with an unconfined compressive strength greater than 0.5 tsf (4S kPa) but less than 1.5 tsf (144 kPa); or (1i) Granular cohes'onies soils including: angular gravel (similar to crushed rock), silt, silt loam. sandy loam and, in scrne cases, silty clay loam and sandy clay loam. (v) Sod that ....meets the unccnrted compressive svz-ngth or use,:taticc requirements for Type A, but is fisst.w or subject to vibratioe; or (v) Dry rock that is aot.stable; or (v) Material that is part of a slope, layered system where the layers dip into the excavation on a slope less steep than four horizontal to erne vertical (4F:I V), but only if the material would otherwise be classified as Type B. Type C means•. (i) Cohesive soil with an uncca6zed mmpttive strength of 0.5 tsf (48 kPa) or'.ess, or ' (u) Granular soils including gravel, sand and loamy sand; or I. . (iii) Submerged soil of sod from which water is freely seeping•. or (iv) Submerged cock that is not stable, err (v) Material in a slope, layered sysrr where the layers dip into the excavation or a slope of four horizontal to one vertical (4:i:1V) or steeper. Uncorrfrned compressive sfreneth 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, end other methods. We soil means soil that contains sigrficantly more moisture than moist soil, but in such a range of values that cohesive material will stump or begin to flow when vibrated_ Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet. (eu) Previously disturbed soils except those which would otherwise be classed as Type C (c) Requirements soil. (1) Clarsiftaadoa of soil and rock deposit. I 11 I I [1 I 11 I I I I I I P•12 I I I ' OCCLPATIOtiALSAFETYAr(D HEALTH 19?G Subnart? Ar.n A REGULATIONS AND IRCCED URES ' Each soil and rock deposit shall be classified by excavated and soil in the sides of a competent person as Stable Rock,Type A. cccavatier. Estmatc the range of paruce Type B. or Type C in accordance with the sizes and the relative amounts of t;.c definitions set forth in paragraph (b) of this particle sizes. Soil that is pr it appendix. composed of fine-grained mate=a( - material is cohesive material. Soil (2) Basis ofclanfficcdon.The ciassificacier, composed primarily of con.graLrcd of the deposits shall be made based on the sand or gravel is g-anular Lnatra(. results of at least one visual and at least one manual analysis. Such analyses shalt be (u) Observe soil as it is excavated. ' conducted by a competent person using tests Soil that remains in cLwtps when described in paragraph (d) below, or in other excavated is cohesive. Soil that breaks up recognized methods of soil classification and easily and does not stay in clumps is testing such as those adopted by the American granular.. '• Society for Testing Materials, or the U.S. Departe tof Agriculture textural classification (ii) Observe the side of the opened system. excavation and the surface area adjacent to the excavation. Clack -like ooenings (3) Visualand aranuat analyses. T•ne visual such as tension cracks could indica:e and manual analyses, such as those noted as fissured rnateriaL If chunks of soil soalt being acceptable in paragraph (d) of this off a vertical side, the soil could be '• appendix, shall be designed and conducted to fissured -Small spans are evidence of provide sufficient quantitative and qualitative moving ground and arc indications of information as may be necessary to identify potentially hazardous situations. ' properly the properties, factors, and conditions . affecting the classification of the deposits. (iv) Observe the area adjacent to the excavation ar-d the excavation itself for . (4) Layeredsystenis. In a layered system, the evidence of ex stting utility and oche '• system shall be classified in accordance with its underground strictures, and to ide Wy weakest layer. However, each layer may be previously disturbed soil. classifrci individually where a more stable layer ' lies under a Is stable layer. (v) Observed the opened side of the excavation to identify layered systc±s (5) Reelass fcadon. If, after classifying a Examine layered systems to ideatL;v if the deposit, the properties, factors, or conditions layers slope toward the excavation. ' affecting its classification change in any way, the Estimate the degree of slope of the layers. changes shall be evaluated by a competent person. The deposit shall be reclassified as (v) Observe the area adjacent to the ' necessary to reflect the changed circumstances. excavation and the sides of the opened excavation for evidence of surface watcr, (d) Acceptable visual and manual tears. - water seeping from the sides of the excavation, or the location of the led l of ' (I) J%uual tests Visual analysis is conducted the water table. to determine qualitative information regarding the excavation site in general, the soil adjacent (vi) Observe the area adjacent to the Ito the excavation, the soil forming the sides of excavation and the area within the the open excavation, and the soil take:t as excavation for sources of v;bratioa that samples from e cavatcd mate;iat. may affect the stability of the excacauoa face. () Observe samples of soil that are P43 I I OCCUPATIONAL SAFETY AND HEALTH 1926 SubpartP Anp A REGULATIONS AND PROCEDURES (2) Manual tests. Manual analysis of soil samples is conducted to determiner quantitative as well as qualitative properties of soil and to provide more information in order to classfj soil properly: - - - (I) Plasticity. Mold a moist or wet sample of soil into a ball and anempt to roll it into threads as thin as IB-rich in diameter. Cohesive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (50 mm) length of 1/3 -inch thread can be held on one end without tearing, the soil is cohesive. (u) Dry strength. If the soil is dryand crumbles on its own or with moderate pressure into individual grains or fine - powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broke up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfitsurei. n Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb penetration test described in American Society for Testing and Materials (ASTM) Standard designation D2438 - 'Standard Recommended Practice for Description of Soils (Visual -Manual Precedurc).') Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; however, they can be penetrated by the thumb only with very great effort Type C soils with an unconfined compressive strength of 0.5 tsf can be easily pcnetrated severs( inches by the thumb, and can be molded by light finger presswc. This test should be cocducted on an undis^ bed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a minimum the effects of exposure to drying influences. If the excavation is later exposed to wetting influences (rainn, flooding), the classification of the soil must be changed accordingly. (iv) , Orfeer strength tests. Estimates of 'unconfined compressive strength of soils can also be obtained by use of a pocket peaey cmete cr by using a hand -operated shearvane. (v) Drying test The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissurcd -cohesive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and sixinches (1524 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, signfficant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the mil has significant cohesive material content. The soil can be classified as an unfissured cohesive material and the unconfined compressive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the material is cohesive with fissures. If they pulverize easily into very H I I I I [] I I I I I I P-14 I ' OCCUPATIONAL SAFETYAr`IDHEALTH 1926 Subpar:PApp B RCUUTIONS AND PRCCDtiR=5 small frsgneits, the material is p-anulat. 1926 Subpart P -App -B --Sloping -and Benching. (a) Scope and application. This appendix contains ' speciL1eations for sloping and beaching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and beaching protective systems is to be performed in • accordance with the requirements set forth in 1926.652(b)(2). t(b) DefutrIIarrs ' Actual slope meant the slope to which an excavation face is excavated. Distress means that the mil is in a condition where a cave-in is immineat Cr is likely to occur. Distress is evidenced by such phenomena as the dcwiopmeat of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an ' excavation; the slumping of material from the face or the bulging or heaving of mateial from the bottom of en ccravatioa the spalling of material from the face of '• an excavation; and ravelling. it., small amounts of material such as pebbles or little clumps of material suddenly scpatathgf vm the face of an excavation and trickling or tolling down into the excavation. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the ' most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H: V). ' Short term exposure means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirentena - (1) Soil cLassifreation- Coil and rock deposits skull be classified in accordance with appendix A to subpart ? cf par, 1925. (2) Maxinum aLLoivchll slope. T:^.e maximum allowabk slope for a soil or rock deposit shall be dc:c=ined from table B-1 of this appendix (3) ActuaLslape. (1) T -.e actual dove shall not be steeper than the maximum allowable slope. (U) The actual tee shall be less steep thm the c -in allowable stove, when that are signs of disc—ss. If that situation occurs, the store shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1/2H:I V) less seep than the maximum allowable slope. (ii) When surcharge loads from stored material or cquipmeat, ecerating equipment, or traffic are present, a competent person shall determine the degree to which the actual slocc must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures .shall be evaluated in accordance with 1926.651(1). . (4) Configurations. Configurations of sloping and benching sysims shall be in accordance with Figure B -I. P -I5 I I OCCUPATIONAL SAFETY AUNT) HEALTH 1926 Subpart P App B . .. .. REGULATIONS AND PROCEDURES TABLE n-1 .. , • MAXI}Cf ALLOWABLE STAPES SOIL OR ROCX TYPE I MAXXNU ( ALLOWABLE SLOPES (H:V) (1) FOR - I- EXCAVAT20:IS-LESS THAN- 20 flET--DEEP (3 ) STABLE ROUX I VZRTICAL (90 Dec.) TYPE A (2) 13/4:1 (53 Deg.) TYPE B . 11:1 (45 Deg.) TYPE C I 1 1/2:1 (34 Dec.) • I .OT£. 1. Numbers shown in pa=entheses next to ma.: =o allowable slopes are a:gles ex7ressed in degrees from the horizontal Angles have been rounded oE: 2. A abort -term „axi um allowable slope of 1/2E:1V (63 degrees) in allowed ' in excavations in Type A soil that are 12 feed (3.67 m) or less in depth. Short-term maxiar-, allowable slopes for excavations greater than 12 feet (3.67 m).in depth shall be 3/4x:1V (53 degrees). 3. Sloping -or benching for excavations greater than. 20 feet deep shall be .designed by a registered professional engineer. - Figure B -1 Slope Corf gurations (All Slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soil I. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of 3/4:1. ' I C I 1 P-16 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart PApp B REGULATIONS AND?ROCEDCRES 20' 1V1 e�c. A 3f4 SD LE SLOPE GENERAL Exception: Simple slope e<cavations which are open 24 hours or less (short tcrm) and which arc 12 feet or foss is depth shall have a maximum allowable slope of 1n: 1. 12' Nt a= 1!2 SIMPLE SLOPE - SHORT TEEM ' 2. All benched excavation 20 feet or less is depth shall have a maximum allowable slope of 3/4 to I and maximum bench dimassions as follows: I • f _ -1 20' h.tss. S. IIP•17 OCCTJPATIONALSAFETYANDHEALTH • 1926SubpartPApp B REGIUL\TIONS AND PROCEDURES SD LE BENCH .me sY MULTIPLE BELCH 3. All ccavations Stet or less in depth which have urtsupportc.-' vertically sided lower portions shall have a maximum vertical side of 3 1/2 fret I . .. 8' r4ac. c. 1 A 3 1)2' DA ex. UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MA3UMUM S FEET IN DEPTH All excavations more than 8 feet but not more than I2 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and maximum vertical side of 3 1/2 feet 12 Mac \ 3 sir :.R.:. P•13 I LJ I El I I I H I H I C I I I I I K OCCUPATIONAL SAFETY AND HEALTH ."' 1926 Subpar.PAnnB ta'Z Ci ti LlTlQNS AND Pacc_D uaz_i UNSUPPORTc'T) VERTICALLY SIDED LO WE PORTION -?4AaM iUtif 12.rc T L`i DEPTH All cccavaCen 20 feet or less in depth which have vertically sided tower portions that arc suoccnd or rie1dcd shall have a msdmraa allowable slope of 3/4:1. The support or shield sustem must extend at least I3 inches. above trc top of the vertical side. Support or shield sv stem 201 M nx. n �^ !_J 1 12" Mia Totalheightofvertice? side SUPPORTED OR SrLDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavations shalt be in accordance with the other options permitted under sec. 1926.652(b). - B-1.2 Ercavatioos Made in Type B Soil All simple slope excavations 20 feet or less in depth shall have a mix mura altable slope of 1:1. r SCvTLE SLOPE 2. All benched excavations 20 feet or less ir. depth shall have a mi.timurn allable sloce of I:1 and maximum bench dimensions as follows: I P.19 OCCUPATIOVALSAFETY AND H£ALTH -' 1926 SuboartPApp B ' REGULATIONS AND PROCEDURES Tl:is bench allowed in cohs cive sea only. 1v id nz 4 � j Max � SINGLE BENCH TYs bench ellawedu cohesive coil only Maz 4 Merl 1 3. All cccavations 20 feet or less is depth which have vertically sided lower portions shall be shicldcd or supported to a height at least IS inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. Su? ort or shield system l l� t8 I Total hcis t e: ve.^.ieel side P-20 [I 1 .. 1 25 OCCUPATIONAL SAFETYAvDHEAI.TH 17Subna PAnn5 RECvi kT[O;N5 c1D ?&CGEDURES VERTICALLY SIDED LOWEZ PORTION 4. All other sloped excavations shall be in accordance with the other options c_- .t. a iz I Sn6.e52(o). - B- 1.3 Excavations Made in Type C Soil ' 1. All simple slope excavators 20 feet cr less in depth shall have a maxi.-nt_.: aU'ctva;ie sicce cf 11;2:1. 1 1 2 St24OLE I tn_ SLOPE 1 2. All oceavation 20 feet or less in depth which have vertically sided lowet. coriors shall be s'scided or supported to a height at least 13 inches above the too of the vertical side. All such excavatiocs shzil have a maximum allowable slope of 1 I2:1. 1 Sup?oa= C::hs,16 rystcrn I. 29 VT= V 1l I� 18_ 1 Total height a£versc4L side Y rZi TiC AL SIDEDLOCvtRPORTION 3. All other sloped cxcavatiors shall be in accordance with the other options pe.:,.itted ir. 19_e.652(b). B-1.4 Excavation Made in Layered Soils 1. All excavations 20 feet or less itt depth made in layered soils shall have a mac.T.um allowable slope for each layer as set forth bebw, n P-21 I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart? Apr B REGULATIONS A.YD PROCEDURES CO B P•22 OCCLT'ATIOVALSAFlTYA14DI1ALTH 1926 SubpartPAppB • REGULATIONS AD PROCF.DU. ES A1 AOVE.C 1- — — — — TIT- C /i 11/2 BOV RC 2. Al! other slopcd excavators snail be it accordance with the other options pe.:..i¢ed it 1925.652(b). P.23 I I ' OCCUPATIONAL SAFETY AND HEALTH - 192GSubparPAnp C RccuuTiONS.At D racczounzs Li I I I I I I I I H I I (2) Information concerning the basis of the • tabular data and the limitations of the data is • pre -.ter in paragraph @) of this appendix, and on the tabks themselves. (3) Information explaining the use of the 1926 Subpart PoApp C - Tilnbe r.. Shoring for Trenches. (a) . ScopeT.mtisappeadix contains information that can be used when timber shoring is provided as a • method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of Umber shoring protective systems is to be performed in accordance with I926.652(c)(i). Other timbe-, sharing configurations; other systems of support such as hydraulic and pneumatic systems, and other protective systems such as sloping. benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in 1926.652(b) and 1926.652(c). (b) Soil Clatrifrcaaon. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appendix A of subpart P of this part. - (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is pcscntcd in tabular form in Tables C-1.1, C-1.2 and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following paragraph (g) of the appendix. ' Each table presents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. The data arc arranged to allow the user the flexibility to select from among several acceptable configurations of mcenbers based on varying the horizontal spacing of the c ossbraces. Stable rock is exempt from shoring requirements and therefore, no data arc presented for this condition. tabular data is presented L^. pan -aped. (c) ct t is appendix. (4) Information iiluscat-tg the cc of the tabular data is presented in paragraph (O° this appendix. (5) Miscilanecusroutionsresa:dirgTables C -Li through C-1.3 and Tables C-2.1 through C-2.3 are presented in paragraph (e) c: this Appendix. (d) Basis and limitations ofike data. - (1) Dimensions of enLernrenrbers. (I) The sizes of the timber members listed in Tables C-1.1 through C-1.3 are taken from the National Bureau of Standards (NBS) rccort, Recorunc ided Technical Provisions for Construction Practice in Sharing and Sloping of Trenches and Excavations.' In addition, where FIBS did net recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes':and on empirical practice. - (ii) The required dimensions of the members listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers wanting to use nominal size sharing are directed to Tables C -2.l through C-2.3, or have this choice side: 1926.652(c)(3), and are rtferred to the Corps of en; tee s, The Bureau of Reclamation or data from other acceptable sources. (2) Lintitarion ofap-vL•car`on- (i) It is net intended that the timber shoring specification apply to every situation that may be e\pc fenced in the field The data were deve!oced to apply to the situations that are most corrrnor.!y expe^enced in anent trenching prcUce. Shoring systems for use in situations that LI I OCCUPATIONAL SAFETY AND HEALTH arc not covered by the data in this appendix must be designed as.spccined in 1926.652(c). (0 -When -any- of the following conditions are present, the member specified in the tables are not considered adequate. Either an alternate umber sharing system must be designed or another type of protective system designed, in accordance with 1926.652. (A) When loads imposed by s..-uctures 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 .mesas the area within a horizontal distance from the edge of the trench equal to the depth of the trench. (13) When vertical loads imposed on cross braces .excced a 240 -pound gravity load distributed on a one -foot section of the center of the crossbrace- (C) When-sureharge loads are 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 or beached unless: The slopportion 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 determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information arc the cross bracts, the uprights, and the wales, where wales are required. Minimum sizes of members are spe_ifiedd for use in different types of soil. There arc six tables of information, two for each soil type. The soil type must first be determined in accordance with the soil classification system described in appendix A Co subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the mcmbcrs is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also 1926 SubpartPAnn C REGULATIONS AND PROCEDURES based on the horizontal spacing of the cossbraces. ' Instances where a choice of horizontal spacing of c.ossbracir.g is available, the horizontal spacing of the crossbraces must be chosen by the user before the size or-ary-mcmbc-can be-detemined. When the soil type, to width and depth of the trench, and the horizontal racing of the crossbraces are known the size and vertical spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table.. (I) Fxanrples to IlLrsrrate tyre Use of Tables C-1.1 drrougb C-13. (1) Example1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-l.l, for acceptable arrangements of timber cam be used. Arrangement Ni Space 4X4 crossbraces at six feet horizontally and four fct vertically. Wales arc not required Space 3X8 uprights at sixfeu horizontally. This arrangement is commonly called "skip shoring. Arrangement 112 Space 4X6 crossbraces at eight feet horizontally and four feet vertically. Space 8X8 wales at four feet vertically. Space 2X6 uprights at four feet horizontally. Arrangement #3 Space 6X6 crossbraces at 10 feet horizontally and four feet vertically. Space 8X10 wales at four feet vertically. Space 2X6 uprights at five fret horizontally. ['-25 I LI I I I I. I LI I L I 1 1 I I I J L OCCUPATIONAL SAFETYAiiT)HEALTH 1926SuboartPArn C - REGULATIONS kND 2RGCEDURES Arrangement #4 Space 6X6 crossbnces at I2 feet horizontally and four feet vertically. Space IOX10 wales at four feet vertically. Space 3X8 uprights at six feet horizontally. (2) Example 2. A ttcach dug in Type B soil is 13 feet deep and five feet wide. From Table C-1-2 three acceptable arrangements of members are listed. Arrangement #1 Space 6X6 crossbnccs at six feet horizontally and five feet vertically. Space SXS wales at five feet vertically. Space 2X6 uprights at two feet horizontally. Arrangement #3 Space 6X8 ==br ces at eight feet horizontally and five feet vertically. Space 1OXIO wales at five feet vertically. Space 2X6 uprights at two feet horizontally Arrangement #3 Space 8X8 crossbraccs at 10 feet horizontally and five feet vertically. Space IOX12 wales at five feet vertically. Space 2X6 uprights at two feet vertically. (3) Ezample3. A uench dug in Type C soil is 13 feet deep and five (ect wide. From Table C-1.3 two acceptable arrangements of mcrnbers can be used. P-26 Arrangzmerr m1 Space 8X8 crossbraces at six feet horizontally and five fed vertically. Space IOX12 waltz -at five feet verticals. Position 2X6 uprights as closely together as possible. If water must be retaced use s cdal tocg e a d groove uprights to form tight sheeting. Arrangement #2 Space 8X10 crossbraces at eight feet horizontally and five feet vertically. Space 12X12 wales at five feet verdcaly. Position 2X6 uurihis in a close sheeting configuration tales'& water pressure must be resisted. Tight sheeting must be used where water must be retained (4) Erampfe 4. A trench dug in Type C soil is 20 feet deep and 11 far wide. The size and spacing of mcmbers for the section of trench that is over 15 feet in depth is determined usingTable C-1.3.Only one arrangemeec ofinemhecs is provided. Space 8XI0 crossbaces at six feet horizontally and five feet vertically. Space 12X12 wales ac five feet ve tcally. Use 3X6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than indtca,•_ed are to be derer^uned as spcci`cd in 1926.652(c), 'Design of Protective Systcrss." 2. When conditions are sahunted or submerged use Tight S` ere ing. Tcghc Sheeting refers to the use of specially -edged tinber plardcs (erg., tongue and I OCCUPATIONAL SAFETY AND HEALTH .. 1926 SubpartP Apn C R EC ii LATIOiNS AND P R0CED (1R`S groove) at least three inches thick. st:cl shcc: piing, or similar construction that when driven or placed in positron provide a tight wall to resist the latent pr_ssure of water and to prevent the less of bac:kfill -mitcnil-Clew Sheeting refers to the pfaccnent of" planks side -by -side allowing as iiWe space as possible between them. 3. All spacing indicated is measured center to ccnt:r. 4. Wales to be installed with greater dimension hor:zontai. 5. If the vertcal distance from the center of the lowest erossbrace to the bottom of the clench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights P-27 ate eMbedded, hc vc.deal distance fron the center of the lowest cessbece m the bottom of the =nch shall not exceed 36 inches. When mudsills are used, the ve Kcal distance shall not exceed 42 inches. Mudsills at: wales that are insmlled at the tow of the tench side. 6. Trench jacks may be used in• lieu of or ir. concinacon with amber cressbraces. 7. Plaeer..cnc of crossbraces. When the vertical spacing of crossbraces is four feet, place the top cossbrte no mate than two feet below the top of the clench. When the vertical spacing of a ossbraces is five feet, place the top crossbnce no more than 2.5 feet below the top of the trench. 1 1 i 1 1 1 1 1 1 1 1 1 i i 1 1 1 • OCCUPA ITOYAL SAFETY AND IU kLTH 1i_.6 Subp :: P Apn C R CGLITiONS AND?Rc cDURJ TABLE C-1.1 TIMBER TRENCH SHORING - - PIQNMUM MMER R OLPR . T S Ic SOILTYPEA Pa-=25xH+72psfQfSurchar;:) rTl - alp ;,D taut,Q m;ra%� •• D� d CROSS BRACES ______I______________________________ OR �Cr HO_IL WDTHOFTRzYCHft'il 'PALLY MAZMUMAUGWAstttrcM1 1Txt,rcnc ' 1 SPACING UP TO UP TO UP IO OP IO UP TO SI SPACTti awe 4 15 I d I a _ 4 6 9 1] 15 F=` R1 �•- ` G3 TO Hcc 6 414 414 4X6 6X6 6X6 4 I I J 8T0 4X4 4X4 415 616 615 4 Read to U10 $16 4X6 476 6X6 626 ; 8X8 4 7x6 .I 10 UP TO . I7 4X6 4X6 676 6 F 6X6 t 878 • 9x6 1610 Nd I 10 474 4X4 4X6 6 F 6 4 Bead "— .- 3x3 UPTO I 4X6 676 616 616 4 818 4 7x5 TOrs4 6X6 615 616 618 418 4 8X10 t 16 I 6 6 6X8 6 3 1.10210 4 3x8 UPTO - 15 6 6 6 F F 6X6 6 a 6 R t 618 / 3x6 UP r0 8 616 66 6X6 678 69 t 878 4 3x6 TO U0 10SIB 8X8 878 813 8RIO 1 8110 t 36 10 UP IO 17 818 -8-7 3 . 10 1 -10-&{ 04 70 -YO I • bEedauceguZ�r.hibert`^�tCeY4;ctestlu 850psi 1;L-� andnmbaTeit ticitar# gybemh :dsr;.00d_ P•SS OCCUPATIONAL5AFETYA:.DHEALTH 1926SubnartPApp C RECI:LATIONS AND PROCEDURES TABLE C -.1 2 iORING -- MINIMUM TIMBER REOUMNEN T S P45.XH + 72 psf(2 ft. Surcharge) a t-tnSIZE CACTUPL)4 S . " OF TRENCH (rT) CROSS BRACE I WA_ ES a l a 1G i S I L 4_LO ri A:, LE HOOt ACIRNG (� HORN WIDTH OF TRENCH NCH (FEEl) VE? T. 1 ( Vz_RT. FACINGS BEET) SFACLNGtJP rC—EZT) TOO? 4 rC{UP 6 TOIUP 19 T 12 UP T 15 SP.4CL� G (FD 1D 2 $LIFTO6 4x6 4x6 6x5 6x6 6x6 IS 5 6x8 5 6x5 6x6 6x6 6:c8 6:c8 5 8x10 5 IO I? c vatial 6x6 6x5 6x6 6x8 6x8 5 i 10x10 $10 1 I .. .. I 10 UP TO 6 6:c6 6x6 6x5 6x8 6x3 5 8x8 5 •c UP TO'8 6x8 6x8 6x8 8x8 8x8 5 10x10 ' 5 TO UP TO10 3X8 8x8 8x8 8X8 8x10 $ 10x121 '5 1$ Set Note! 15 ¶JPTO6 6x8 6x8 6x8 8x8 8x8 5 8x10 5 3x6 TO - UP TO 8 8x8 8x8 8x8 8x8 8x10 5 ' 10x12 5 3X6 TO101. 8x10. 8x10 8x10 8x10 8x10 5.:. 5 • . '3x6 20.See e- ' ORtMOTE1 0 SIT " Mixed oak or equivalett with a bending strcgth not less than 850 psL lvfanufacturcd manbes of equivalent strength may by substituted for wood. P-29 I I OCCIIPATIOC'(ALSAFETYANDHEALTH 19_6Subnar-PAnp C • - RZCULtTIONSA.tiD?FCLEDLn:.S I I I I I I [I Li I I I L MLEC-Ii • TI`�ER TRENCH SHORING — MIDAUM T1. PEOUL `v± ii S SOI1.TYPE.C P = 80 X.H t . 2 psf (�. ft. Surchar) a DEPTH SIZE (ACTUAL) AND SPACING OF ,(BERS" OF TRENCH (UT) CROSS BRACE I WALES t�TRIGHTS ',L_ kLLjOW. HOR SP C. FE,*0 (See Nole 2) HORiZ.I WIDTH OF TRENCH (FEET) VERT. 1gy (� VzRT. ACiNG (F�FI SPAC1O GAT) UP IC 4 UP TIU? 6 TOW 9. IC 12 UP T 15 SPACIN (FEET) I S TO 6 6x8 6x8 6x8 18x8 8x8 5 8x10 5 12x6 I UPTO 8 •8x8 M. 8x8 8x8 8x10 5 18x12 S 12.6 TO UPTOIG Sxlf 8x10 8x10 8x10 (0x10 5 5 2x6 10 eMotel L..I 1D UPTOd 8x8 8x8 8x8 8x8 SxIO *5 O_ 5 12x6 TO 8 8x10 8x10 8x10 8x10 10x10 5 I1a0l 5 1 2xo TO Noel 15 Mote 15UPTO6 8x10 8x10 8x10 18x10 lOxlO 5 J12x121 S 3x6 I I I I TO Note! 20 See Noel I OVER. SEENOTE l NLTed oak or equiplent with a bending straloh not less LH 850 psi {* 14�nll ctu�ed members of egth ienl strengh may by subrtI .ea for WOOL. P-30 OCCUPATIONAL SAFETY AND HiALTH - 1926 Subpart P App C REGULATIONS A.YD PRCCEDUR`.S TALEC-2.1 - 2.1 TIIABE:? TRENCH SHOF`NG •- M1rNPIMUM THv&R REOIli.R,E 'TS* SOIL TYMt E A P(a) = 25 X H t.22 psf (2 ft. Si'c: ;:) SPA. (54S) AND SPACING OF MEMi3LRS ** 07 C30SS BRACPS W r-UP1IG& T S L.1C5 fil]?1L WmarriYfl. I Fes. X'N NACL0PABII XQR TAI JACnG :.. ) PACK urta ur a urn urn ur PACING PACING Uaerl UPT 0 4X4 414 474 4:14 41(5 4 Hot .d 5 U 141(4 44S 414 435 435 4 dd pled $T0 TO Op ?0 4Z5 476 +.0 66 1686 4 8m 4 I I 475 1 1a •10 UP TO S76 476 61(6 61164 8:5 4 •U 14?S 14X5 I[in" 14X4 444 1 444 I au I M I 4 I Red rZx d 4n0 10 DP TO 4Tt 476 476 6'5 635 4 6'A 4: 4� TO 676 6:t6 6?6 636 4 8'13 I 4 15 6 1676 6x,6 633 6. 4 8110 4 {.46 14110 II?+0 U?6T0 676 1-6.-13 1636 16:45 4 I 6k4 I 4 ( 345 15 UP TO 6X5 6.46 67.6 6?6 6Th 4 833 4 3:43 4112 9 up TO 16.6 1 8100 4 345 ^T up 6.16 6:�b 6:L5 . 6:3 6.•9 4 6:017 4 3X6 4XU Ooh 20 SEE NOTE 1 jr firar�uiva!a.^t with t ab—. ; staamolh Pat Lassthen 1500 F1 "blaau:aatund mcr≥cs of ACLhml!-tt strength maybe substituted for 4iood. P31 I 1 1 1- 1 1 1 1 1 i i 1 1 1 i 1 1 OCCUPATIONAL SAFETY ANT) HEALTH 1926 Suboart P Ann C R`Cu LtT:ONS A. ND PCC DURZS TABLE C-2.2 TI}i ER TRENCH SHORING •- NTWtA TL ER PEQU!RTh`i S SOIL TYPE B P(a) = 4S X H+ 72 psf (2 ft Surcharge) DEPTH SIZE (S4S) AND SPACING OF ML.. E:S "' OF CROSSBR-4CES v r CY•�i- S 0�=ir:,T) IRE,YCh HGRij iDE0FT2fl{CH :o'1 SPACINC �1�1. (LiLIM .AA!!u'Tn3l:' GiiY.in!:r4CfIG SPACaIGi7Pi0 UP TO GPi0 upro IPT0 SRAC0iG te:� raET) { 6 9 12 lS CL053 I - 3 } 6 IIP TO 474 4Z64!6 r.�ri 676 S 6x5 I S I 13}t12 I I 5 L $T0- {76 co 1636 696 S 8 t99 S 13 I I { �3 11D TO __I__ 10 #k5 4:�6 6� 676 6-x5 S 8910 S I I { 5 1 10 H 1 1 Ram! U?T0 6'76 66 676 03 653 S 855 S 4110 610 P�01 i014K10 TO II1P i0 653 1 6�8 875 18'.Ci 1874 S 10719:s... 376 i 4210 I I I 15 I 11th!III I UP TO 638 635 638 1633 a38 5 8710 S 426 ( I 15 U1820 0 1 6C I ENS 1875 878 I S 10712 S 4xo• I 1 1 1 TO u10T0 833 w 813 89 1 838 I S I127�.2 1 S I 4-"d I 20 I N.�tl l OVER rOi - 20 *DcuSf_orzniro'=c:twitha6Ar&,wstran hratsssL¼.n15COpsi *"4lzzfcu d b:soft2v—. dail st.V.Qgihray5es stituta!torvtcZ. P-32 OCCUPATIONAL SAFETYANDHEALTH 192GSubpartPAnv C RECUUTIONS AND PROCEDGRFS TABLEC-2.3 TI1�raER TRENCH SHORWG. r iIrfLbfili d TIER REQUtRc NTS` SO)L T YPE C F(a) =.80 X H + 72 p s f (2 ft. Surch2rge) DEPTH SLZE (S4S) AND SPACING OF MEMBERS` --1 OF CROSS BRACES WALE UPFIGl`fS TREHCE HORIZ. WIDTH OF TRENCH FIZT 63i SI-r: 4t3T- N.uLgLWAUQRA3elxCRer:MALIMCJ1G SPACING SPACING SPACING ((Ui) UP TO UP TO IIP TOI Lf 10 UP TO 4 6 9 12 15 CL0SE U210 675 6F6 1635 I E�5 g.® S 813 5 336 OP TO 676 6 6.b 1823 872 S 10310 S 3y5 TO UP TO 636 6x5 8:;3 SZ3 813 S I0Y11 $ 3y6 to 10 set Hatt �� 1613 613 623 *21E2 S 110%10 'S 476 10 UP TO 8k8 823 EC818 823 3 10%10 S TO 8 sat 15 Hcta t H cit l I UP 822 8'4 823 83108310 5 10212 S {a6 15 6D Set TO Hate 1 Sn 20 Hkti Set I I Hcu l I OR I Sri NO T E 1 -------- - :o `DDS fir orequvaitntwith ahar gsttenthrntlassthwn1500psi Manufacturad r t be:s of eque 1tat sIrrbath maybe substituted for wood. P-33 [1 I OCCUPATIONALSAFETYAND HEALTH 192G Subpart P Ar.n D ... , . . RECL'LAl1ONS AND PROCEDURES ' 1926 Subpatt P App D Alttrninu rn Hydraulic Shoring for Trenches (a) Scope. This appendix contains information that ' can be used when aluminum hydraulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.I m) in depth. ' This appendix must be used when design of the aluminum hydraulic protective system cannot be performed in accordance with 1926.652(cX2). ' (b) Soil Clasrifreafon. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the spit. classification method set forth in appendix A of subpart P of part 1926. (c) Presentation ofhtformadon. (nfomation is presented in several forms as follows: (1) Information is presented in tabular font in Tables D-1.1, D-12, D -l.3 and D-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various '• hydraulic cylinder sizes. Each table contains dataonly for the particular soil type in which the excavation or portion of the excavation is made. ' Tables D-1.1 and D-1.2 are for vertical shores in Types Aand B soil. Tables D-1.3 and D-1.4 am for horizontal waler systems is Types B and C soil. ' (2) Information concerning the basis of the • tabular data and the limitations of the data is I. presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabulardata is presented in paragraph (c) of this appendix. (4) Information illustrating the use of the ' tabular data is presented in paragraph (f) or this appendix. I(S) N(iscellaneous notations (Footnotes) regarding Table D-1.1 through D-1.4 arc presented in parag-a:h (g) of this appcd.i:d (6) Figures, illus.-ating typical irsr!!a fors cf hydraulic shoring, arc included just prier Lo Le Tables. The ii!ust adons pages entitled "Aluminum 1-:ythautic. Shoring: T pical Installations.' (d) Basis and tb,rirariors of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Modulus requirements in the D-1 Tables. Aluminum material is 6O6! -T6 or material of equivaient strength and prepc des. (2) Hydraulic cylinders specifications. O 2 -inch cylinders shall be a minimuua 2 -inch inside diameter with a minimum safe wdrl-ing capacity of no less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (t) 3 -inch cylinders shall. be a minimum 3 -inch inside diameter with a safe working capacity of not less than 30,CCA pounds axial compressive load at extensions as recommended by product manufacturer. (3) Limitation of application. (i) It is not intended that the aluminum hydraulic specification apply to every situation that may be experienced in the field. Tnese data were developed to aopiy to the situations that arc most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in 1926.652(c). (ii) When any of the foilowing conditions are present, the members spceifiicd in the Tables are rot considered 1 I I OCCUPATIOYALSAFETYANDHEALTH 192GSubpart PAnnD .... RSGUUTIONS AND PAOCZDURZS sdequate.In this case, an alt -native (1) Example 1: aluminum hydraulic shoring system or other type of protective system must be A trench dug in Type A soil is 6 feet deep and ) des gned in accordance with 1926.652. feet wide From Table D-1.1: Find vertical shores and 2 inchh diameter ey1'rders spaced 8 fee on ceate. (ores) (A) Waen vertical loads imposed on cross horizentallv and 4 fee:. on center (o.c.) vertically, (Sc: braces exceed a ICO Pound gravity load Figures I & 3 for typical instillations.) distncuted on a one foot section of the cctter of the hydraulic cylinder. (2) Example 2: (B) When surcharge loads art present from A trench is dug in Type B soil that does not , equipment weighing in excess of 20,CC0 require sheeting. 13 feet deep and 5 feet wide. From pounds Table D-12: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 fee: (C) When only the lower portion of a trcach o.c. vertically. (See Figurer I & 3 for typical is shored and the rcta¢ung portion of the truc h installations.) . is sloped or benched unles The sloped portion is sloped at an angle less steep than three (3) A trench is dug in Type B spit that does horizontal to one vertical; or the members are not requite sheeting, but does experience some selectedEcm the tables for use at a depth which minor raveling of the trench face, the trench is is determined from the top of the overall tt tch, .16 feet deep and 9 feet wide. From Table and not from the too of the sloeed portion. D-12: Find vertical shores and 2 inch diameter cylicder(with speeial ovcsleeves as designated (e) Use of Tables D-I.I, D-1.2, D -l.3 "and D-1.4. by Footnote i<2) spaced 5.5 feet cc. horizontally The members of the shoring system that arc to be and 4 fret o.c. vertically. Plywood (pa -Footnote selected using this information are the hydraulic (g)('1) to the D-1 Table) should be used behind cylinders, and either the' vertical shores or the the shores. (See Figures 2 & 3 for typical horizontal wales. When a waler system is used the installations.) - vertical timbershcang to be used is also selected from these tables. The Tables D-1. l and D -l.2 for vertical (4) Example 4: A trench is dug in previously shores are used in Type A and B soils that do not . dist rbed Type B sell, with characteristics of a require sheeting. Type B soils that may require Type C soil, and will require sheeting. . The sheeting, and Type C soils that always require trench is 18 feet deep, and 12 fee wide 8 foot sheering, are fottid in the hcrizohtal wale Tables D-1.3 . horizontal spacing between cylinders is desired and D-1.4. The soil type must first be determined in for working space. From Table D-1.3: Find accordance with the soil classification systcn horizontal wale with a section modulus of 14.0 described in appendix A to subpart P of part 1926. spaced at 4 feet o.c. vertically and 3 inch Using the appropriate table, the selection of the size diamctercylinderseaced at 9 feet maximum b.c. and spacng of the membersis made. The selection is horizontally, 3 x 12 timber sheeting is based on the depth and width of the trench where the required at close spacing vertically. (See Figure members arc to be installed. In these tables the 4 for typical installation.) vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of (5) Example 5: A tench is dug in Type C cylinders allowed for each size of wale in the wale- soil, 9 feet deep and 4 feet wide. Horizonul system tables, and in the vertical shore tables, the ryfir:ds sexing in excess of 6 feet is desired for hydraulic cylinder horizontal spacing is the same as the working space. From Table D-1 4: Find venial short spacing. horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 fee: O Example to llLrstrate the Use of the isbtas: o.c. horizontally. Or, And horizontal wale with a 14.0 section modulus and 3 inch diameter i I I OCCUPATIONALSAF'ETYA.ND H£ALTH I92G Subpart P Art D RECGLt T IOfls AND i ROCEouaEs cylinder spaced at 10 feet o.c. horzentally. (4) All scac.n g wdicated is rncasu:ed center Both wales arc spaced 4 feet o.c. vertically, 3 x to ca.^.ter. 12 timber shr_ting is required at close spacing vertically. (Sc Figuc4 fer typical installation.) (5) Vertical shoring rails shall have a miurnun sec.:cn modulus of 0.40 inch. (g) Footnotes, and general notes, for Tables (6) When vc ;ical s-.ctes ar used. iF— r..us-, D-1.1, D-1.2, D-1.3, andD-1.d be a minimum of three shores spaced ccually, horizontally, in a group. (1) For applications other than those listed in • the tables, refer to 1926.652(c)(2) for use of (7) Plvwced shall be 1.125 inch thick • manufaea re's tabulated data For trench depths soP.viced or0. i 5 inch thick, 14 ply, arrt:c wh_t(c in acts of10 feet, refer to I926.652(e)(2) and birth (Finland form). Place note that plywood 1926.652(c)(3). is not intended as a structural mc.•nbcr, but only fer prcveatien of local raveling (sloughing of the (2) 2 inch diameter cylinders, at this width. trench face) between shores shall have structural steel tubc (3.5 x 3.5 x 0.1875) oversleeves, or structural oversleeves (8) Sc: appe:di' C for timber stccW.catices. of manufacturer's spccificadon, extending the full, collapsed length. (9) Wales are calculated for simple span (3) Hydraulic eyUnders capacities. conditions (I) 2 -inch cylinders shall be a minimum 2 -inch (10) Sc: appendix D, item (d), for basis and inside diameter with a safe wor'k'ing capacity of not less limitations of the data. than 18,000 pounds axial compressive load at mwtmum e:retsioa Ma..,dmu rn extension is to include Pui range of cylinder extensions as recommended by product manufacturer. (ii) 3.incheylinders shall be a minimum 3 -inch inside diameter with a safe wort: capacity of not less than 30,000 pounds axial compressive load at macimum extension- Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. i E 11 I I r P-36 OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart P Anp D REGULATIONS AND PROCFDUR:S LUlCN121 C:!DYw LIC SHORING . ..YP-CXi. r:1ST.�i:e sC'XS 1ATICZ. ALLOW xfcl.WX X%?G / favt'.AK:47 7�ALIIAL]�c cL'ca 1Lt^.cN. 2ACNG �trc )Ltp4wi N:saAIY 2=247 cam) rtkTLL ==t l K^CJL eL•lco. CLALCC xrx t�-xnnwct •AttGL IDnC� C wx P•37 OCCUPATIONAL SAFETYAND HEALTH 1926 Subnn:t P Ann D RECULAT[ONS A.N0 2ROCnDUR TABLE D - 1.1 -- = -ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A HYDRAULIC CYLINDERS DEPTH OF MAXIMUM MAXIMUM WIDTH OF TRENCH E✓ (FEET) TRENCH HORIZONTAL VERTICAL SPACING SPACING Up TO 8 OVER 8 UP OVER 12 UP T) 10 12 TO 15 -. ( FEET) (FEET) OVER 5 8 UP TO 10 OVER 10TO 8 4 2 INCH 2 a40H 3 I NCH U DIAMETER R DIAMETER 15 NOTE(2) OVER 15 7 UP TO 20 OVER 20 NOTE (1) Footnotes to tables, ana gS notes on Tl = c snonn;, are tbund in Aoo ndi_xD, Itn.(g) Note (t): See Appendix D, It= (g)(1) Note (2): See Apptndix D, IL, (g)(2) P•38 OCCUPATIONAL SAFETY A:ND HEALTH 1926 Subpart P App D RECULITIONS A.ND PROCEDURES TABLE D , 1.2 ALUPilN iN HYDRAULIC SHOG VERTICAL SHORES FOR SOIL TYPE B HY'DRAOZIC CYLINDERS DEPTH MAXIMUM PvfAXWVi WIDTH OF TRENCH (FEET) OF HORIZONTAL VERTICAL - TRENCH, SPACING SPACING UP TO 8 OVER 8 UP OVa.1.2 UP T012 1015 ., (FEET) (FEE T) (FEl) OVER 5 UP TO g 10 OVER 10 .6.5 4 2INCH 2INCH 3INCH UP TO DIAMETER DIAiETER DIAItMETE IS NOTE (2) OVER 13 5.5 UP TO 20 OVER 20 NOTE (1) FppiIlOteS t0 tables, e".±gV1` 1 p " p(1 n?fdrai ' tsnnnnc rIG PdimA. pen{L{ D, It (J Note (1): See AaaE'li L�f; D, ftn (g)( [) Note (2): See AppenL D, Its (E2) P•39 OCCUPATIONAL SAFETY A-Nt }ALTH 19'_6Subpart PAnoD .:.: REGULATIONS AND ?&CC•DUP. ' -• TABLE D - 1.3 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOILTYPEB WALES EYDRAULICCYLINDERS IT14IBERG??JG .S _ DEPTH OF TRENCH (F ET) VUTICAL2arc c (KCT) w oa Ct( (Ifl('7)J WIDTH OF TRENCH (FEET) MXZ.HCWVACiC I UPT08 04z38UPY0L Ov 3L'L?TOli ISOiD S..= 1- EOPJL SPACht CYLPOCR D WRTLR E037 SPACING LO CYriER WAMM HODS SPACh 0 F'.'LIMI2 cl�.uY1: OVER 5 UP TO 10 4 3.5 g.0 2 IN 8.0 N 8.0 13IN — — 3X12 7.0 9.0 2 IN 9.0 221 xom 9.0 3IN 14.0 12.0 3IN 12.0 3IN 12.0 OVER 10 UP TO 15 4 3.5 6.0 2IN 6.0 KOMI) 6.0 I3IN - 3X12 - 7.0 8.0 3114 8.0 3114 8.0 I3Itt 14.0 10.0 3114 10.0 3111 10.0 3[N OVER OVER 15 LP TO 20 q .3.5 5.5 2111 5.5 xorrrn 5.5 I3IN 3�'? 7.0 6.0 31116.0 3111 6.0 I3IN 14.0 9.0 3IN 9.0 3IN 9.0 3IN OVER 20 NOTE (1) to ^n L L h ....o_ .'- S13c lU -. G;l�� cff D, I1.2M Footnotes -St 6-1 n Notes (1): SeeAependrD, ILw I(8;(I) Notes (2): See AcoSiix D. Item. (Qo)(2) LI Consult product man'!?ctixer and/or Qualified &giner 1'or Section Modulus OL a ii .0Ie wales. P.40 LI I OCCUPATIONAL SAFETY AND HEALTH 1926 Subpart Ann D REGULATIONS AND PROCEDURES TABLED- 1.4 ALU?v!iNULM HYDRAULIC SHOR ''G WALEP. SYSTD41S FOR SOIL TYPE C • HYDRAULC CYIIND&RS DEPTH Fv1DTHOF TRsvC::(? �) UP TO 8 OVZ3 L7:0 U I OV U L7 :015 TRENCH HODL US � � !R.-Y MCRit 'lAC'f1G CYLv�O<R Mt1 RIL CYLWCfR XGRL• CSLu[e!R SOLIDI a- _ --� '••' 3'L. $.�L \t \••'lam)) OUNCTIR YAQYIG CIANrtR :IAOMGIOIAN ITCR 6.0 2IN 6.0 or 6.0 13IN OM3.5 F TO 4 _ 16.5 I 21 6.5 xor[z) 6.5 31N 3X12 — 7.0 14.0 10 10.0 3IN 110.0 3tx 10,0 31N Dv' -'3.5 4.0 2 tN ' 4.0 xo Mp ) 4.0_J_3 it 7.0 10 4 5.5 3 Dt I 5.5 311( 5.5 3 IN 3X12 - UP TO IS 14.0 8.0 31N 8.0 3 tx 8.0 3 IN OVER 3.5 3.5 I .2W 3.5 3.5 3m xa o) IS 4 7.0 5.0 3 IN 5.0 -3W 5.0 I 3124 3XI2 __ - UP TO 20 14.0 6.0 3LW 6.0 31N. 6.0 3LY OVER2a I --k4oTLt11— Footnotes to tables, end; tal notes on hpdnt shoth art fourdin Append!- D, Item® Notes (1): See AppendixD, Ite:n(g)(1) . Notes (2): Sc: Appendi-D, Item (g)(2) "ConsnIt p:oduet m nufrtu r erd1or qc lifed engines: for Section Modulus of tv3ilth1s wJss. I H I I I I I I L1 I I I I I I P41 I I 1 1 1 1 1 1 OCCUPATIONAL SAFETYA.ti'DHEALTH 19.GSubpartPApn E RECULATIONS AND?ROCEDURES 1926 SubpartP App E - Alternatives to Timber Shoring IS' MAX VTICAL S?ACING " var ICAL RAL HYDRAULIC C'2AD_? 1 MAX Figtwc 1. Alurttni Eydn,4k Snarfg r q *_F..S4L41"rls� S�';�;�i�t4111 O O O Fi t. e 2. Pr.:r..atcJhy& alic Shoring P42 OCCUPATIONALSAYETYANDHEALTH 1926SubpartkAon E REGULATIONS AND PROCZDCR_.S Figure 3. T:enchlacks (Scr:w Jacks) 4j' "e 4. Trench Shields P-43 OCCUTATIOi`1ALSAFETYANYD HEALTH 19'6 Subpar. P Ann F - . R:'ODT.ONS AND PACCEDURZs The following f u es are a spric r rn a: or P F the requirerents contained i sube&t P far 1926 Subpart App - exuvaticrs 20 feet er leas in depth. ?rocece:ve .;stems Selection of Protective Systems for usein excavaticrs more tan 20 fee: in decth cast be designed by a registered professiena! cagireer in accordance with sec. 1926.652(0) and (c). Is the excavakortmore than i feetin in depth? Is there potential for cave-in? s Is the excavation entirely insteolerack? Excavation may be made G-. th vertical sides. Excavation must be 1f0 sloped, shored, or shielded. or shieldin Go to Figure 2 Go to Fit.:-_ 3 FIGURE I - PRELIMINARY DECISIONS P-44 s El I I I I I Arkansas State Licensing Law For Commercial Contractors Act 150 of 1965 Act 162 of 1987 (As Amended) Arkansas Code and Rules and Regulations Arkansas Contractors Licensing Board 4100 Richards Road North Little Rock AR 72117 1 Phone: (501) 372-4661 Fax: (501) 372-2247 Web Page: www.state.ar.us/clb/ Revised May, 2005 I L L I Arkansas State Licensing Law for Contractors 17-25-101. Definition. (a)(1) As used in this chapter, unless the context otherwise requires, "contractor" means any ' person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, who, for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct, or contracts or undertakes to construct, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, or repair, or has or have constructed, erected, altered, or repaired, under his, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be ' done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more. (2) However, when a person or entity acts as a contractor in the construction, erection, ' alteration, or repair of his own or its own property, such action shall not result in the person or entity being required to obtain a license, but the person or entity must comply with all other provisions of this subchapter. ' (b) However, the twenty -thousand -dollar ($20,000) exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in -progress change orders, is divided into separate contracts of amounts less than twenty thousand dollars ($20,000), a purpose being to circumvent the provisions of this ' chapter. (c) It is the intention of this definition to include all improvements or structures, excepting only single-family residences. (d) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. ' Materials purchased by a person or entity acting as a contractor in the construction, erection, alteration, or repair of his own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, or concrete labor. 17-25-102. Exemptions. The following shall be exempted from the provisions of this chapter: (1) The practice of contracting as defined in § 17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision in this state; (2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and supervision that is customarily furnished by architects and engineers; and 1 E. I I I (3)(A) Manufacturers who produce equipment to be installed in the State of Arkansas and have the responsibility for the installation of the equipment, which would require a license under this chapter, if the installation is performed by a contractor properly licensed under this chapter. (B) The Contractors Licensing Board shall have the authority to define manufactures ° as it is used in this subdivision (3). 17-25-103. Penalties - Enforcement (a) Any contractor shall be deemed guilty of a misdemeanor and shall be liable to a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for each offense, with each day to constitute a separate offense, who: (1) For a fixed price, commission, fee, or wage, attempts to or submits a bid or bids to construct or contracts to construct, or undertakes to construct, or assumes charge in a supervisory capacity or otherwise, or manages the construction, erection, alteration, or repair of, or has constructed, erected, altered, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more, without first having procured a license with the proper classification to engage in the business of contracting in this state; (2) Shall present or file the license certificate of another; (3) Shall give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license; (4) Shall impersonate another; or (5) Shall use an expired or revoked certificate of license. (b) The doing of any act or thing herein prohibited by any applicant or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license to an applicant or to revoke the license of a licensee. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e)(1)(A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per 2 C I LI I En Li r - day for the activity. However, the penalty shall not exceed three percent (3%) of the total ' project being performed by the contractor. (B) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the ' business of contracting in this state. In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. ' (2) The 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 chapter. ' (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq. (4) No proceedings under this chapter may be commenced by the board after three (3) ' years from the date on which the act or omission which is the basis for the proceeding occurred. (5) The 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 this chapter. ' (6) The board shall have the power to file suit in the Circuit Court of Pulaski County to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. If the circuit court finds the order of abatement to have been properly issued, it ' may enforce the order by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter. 17-25-104. Injunction. When any contractor not licensed by the Contractors Licensing Board shall engage or attempt to engage in the business of contracting as herein defined, the board shall have the right to go into the proper court in the jurisdiction in which the work is being performed and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the contractor from performance of the work then being done or about to commence. 17-25-105. Form of indictment. In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate 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 the Contractors Licensing Board, State of Arkansas, to do so." 17-25.106. [Repealed.]. 3 I I I 17-26.201. Creation - Members. (a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor. (b)(1) 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. (2)(A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's 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 or her 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 o her business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways. (3) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (c)(1) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year. (3) Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by ' the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his or her office, shall file with the Secretary of State the constitutional oath of office. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. 4 I I II 17.25-202. Organization and functions. ' (a) The Contractors Licensing Board shall elect a chair, vice chair, and secretary, each to serve inhis or her, respective capacity for one (1) year. Officers shall be elected by the board annually. ' (b) The board shall have two (2) regular meetings in each year. One (1) meeting shall be in the month of February, and one (1) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on call of the chair of the Contractors Licensing Board. (c) Special or adjourned meetings may be held at such times as the board may provide by the bylaws which it shall adopt, or at such times as the board may, by reasonable resolution, provide. (d) Due notice of each meeting and the time and place thereof shall be given to each member in such manner as the bylaws shall provide. (e) Three (3) members of the board shall constitute a quorum. (f) The board shall adopt a seal for its own use and shall have on it the words, "Contractors ' Licensing Board, State of Arkansas, Seal,, and the secretary shall have charge and custody of it. 17.25-203. Powers. ' (a) The Contractors Licensing Board shall have power to make such bylaws, rules, and regulations for its operation as it shall consider appropriate, provided that they are not in conflict with the laws of the State of Arkansas. (b) All expenses incurred by the board for the administration of this chapter are authorized to be paid by the board. 1 (c) The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary. 17-25-204. Employees. The Contractors Licensing Board shall employ a chief administrative employee, also known as administrator, who shall possess such qualifications as may be determined by the board and who shall serve at the pleasure of the board. In addition, the board may employ such additional professional and clerical employees as may be necessary for the operation of the board and its various functions and pay salaries thereto as may be authorized by law. 17-25-205. Disposition of funds. The fees of the Contractors Licensing Board shall be deposited in banks to be used by the board in the manner prescribed by law, similar to the accounts of other examining and 5 I I I I licensing boards of the state, and shall be audited under rules and regulations prescribed by the Director of the Department of Finance and Administration. 17-25.206. Records and reports. (a) The secretary of the Contractors Licensing Board shall keep a record of the proceedings of the Contractors Licensing Board. (b) The secretary shall keep a register of all applications for license showing for each: (1) The date of application, name, qualification, place of business, and place of residence; (2) Whether the license was granted or refused; and (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing. (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including a transcript 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 annually by the secretary of the board. (e) On or before August 1 of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures .of the board attested by the affidavit of the chair and secretary and a copy of the roster of licensed contractors. (f) A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be furnished to any applicant or licensee desiring to appeal from the findings of the board, as provided in § 1.7-25-312, upon payment of the costs of transcribing the record. 17-25-301. Significance - Proof. (a) The issuance of a certificate of license by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named therein is entitled to all of the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired. (b)(1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is twenty thousand dollars ($20,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter. 6 I [l I I I ' (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she 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 Contractors Licensing Board shall have power to limit by proper classification the ' license to the character of work for which the applicant is qualified. 17-25-303. Application - Renewal - Fees. (a)(1)(A) Any person desiring to be licensed as a contractor in this state shall make and file with the Contractors Licensing 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. (B) 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 board. ' (2) The thirty (30) day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required. (b) Thereafter, an annual renewal license fee to be determined by the board but not to ' exceed one hundred dollars ($100) shall be paid by each licensee to defray the costs and expenses of the administration of this chapter. 17-25-304. Financial statement. (a)(1) All persons and entities required by this chapter to be licensed by the Contractors Licensing Board shall transmit to the board with their original applications an audited financial statement of the applicant audited by a certified public accountant or registered ' public accountant. (2) All persons and entities licensed by the Contractors Licensing Board shall transmit to the board with renewal applications a financial statement of the applicant reviewed by a certified 1 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. 1 I I L H I I I 17-25-305. Applicant qualifications. (a) The Contractors Licensing Board, in determining the qualifications of any applicant for an original license or any renewal license, shall, among other things, consider the following: (1) Experience; (2) Ability; (3) Character; (4) The manner of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other fact tending to show ability and willingness to conserve the public health and safety; and (8) Default in complying with the provisions of this chapter or any other law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. 17-25-306. Examinations - Certification. (a) Any person desiring to apply for a license shall be permitted to take an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the Contractors Licensing Board, and if the application complies with the board's rules and regulations, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas. (c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee. 17-25-307. Expiration. All certificates of license to engage in the business of contracting in the State of Arkansas shall expire at 12:00 midnight on the day before the anniversary date of their issuance unless otherwise designated by the Contractors Licensing Board, and they shall become invalid on that day unless renewed. 17-25-308. Grounds for revocation. The Contractors Licensing Board shall have the power to revoke the certificate of license of any contractor licensed under this chapter who is found guilty of any fraud or deceit in obtaining a license or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligence, incompetence, or.misconduct in the conduct of the contractor's 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. I I I I I I I I I I Li I C I U I I I I I L L 1 I I 1 H L. C 1 11 (b) The charges shall be in writing and sworn to by the complainant and mailed to the Contractors Licensing Board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board. (c) A time and place for the hearing shall be. fixed by the board and held in the State of Arkansas. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by certified mail at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (f) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license of the contractor,- but in that event no refund shall be made of the license fee. (g) Within its discretion and upon proper application or hearing, the board may reissue a license to any contractor whose license has been revoked. 17-25-310. Replacement. A certificate of license to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules and regulations of the Contractors Licensing Board. 17-25.311. Corporations and partnerships - Unlawful acts. (a) A corporation or partnership may engage in the business of contracting when licensed by the Contractors Licensing Board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. 17-25-312. Review. Any party aggrieved by any decision of the Contractors Licensing Board shall have the right to seek review thereof pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. I 17-25-313. License requirements to accompany invitation to bid. All architects and engineers preparing plans and specifications for work to be contracted in ' the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited bidder, whether he or she is a resident of this state or not, the information that it will be necessary for him or her to have a certificate of license with the proper classification from this Contractors Licensing Board before his or her bid is submitted. 17-25-314. [Repealed.] 17-25-315. Rules and regulations - Federally funded projects -Contractor qualifications. (a)(1) The Contractors Licensing Board shall have the power to promulgate rules and regulations for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds prior to the contractor's being licensed by the board. (2) No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the board. (b) The board shall have the power to provide by regulation for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds. However, no contractor shall submit a bid under this section prior to submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. Arkansas State Bond Law For Contractors 17.25-401. Definition. (a)(1) "Contractor" shall include all original, prime, and general contractors and all subcontractors. It is defined to be any person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) The term °contractor° shall include any contractor who is required to obtain a contractor's license under the state licensing law of this state, § 17-25-101 et seq. 10 I C Li I I I ' (b) However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than twenty thousand dollars ($20,000), the person or entity shall not be deemed a contractor 1 under this chapter. . 17.25-402. Expenses - Disposition of funds. (a) All expenses incurred by the Contractors Licensing 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, the Arkansas Employment Security Department, the 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 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. (a)(1) In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision 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 contractor's failure to comply with this subchapter prior to final payment to the contractor. (2) The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice. ' (3) The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of any and all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project. (b)(1) As used in this section, "financial obligations" include, but are not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state. (2) Civil penalties imposed pursuant to Ark. Code Ann. § 17-25-103(e)(1)(A) and Ark. Code Ann. § 17-25-408 for violations of the provisions of this chapter arise from and are connected to the customers project and the provisions of this section apply thereto. ' 11 I I I I 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 contractor's license shall not be released until the bond has been property filed. (b) The bond shall be: (1) In a penal sum of ten thousand dollars ($10,000.00); (2) Payable to the State of Arkansas; and (3) Conditioned on the contractor complying with the tax laws of the State of Arkansas, and when applicable, the ordinances, rules, and regulations of any city, county, school district, state agency, or other political subdivision of the state, the Arkansas Employment Security Law, § 11-10-101 et seq., the WorkersCompensation Law, § 11-9-101 et seq., and the provisions of this subchapter. 17-25-405. [Repealed.] 17-25-406. Notice of bond cancellation. (a) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days prior to cancellation. The board shall notify the Department of Finance and Administration, the Arkansas Employment Security Department, 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 a 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 and a hearing thereon, if requested by the contractor or if deemed appropriate by the Contractors Licensing Board or any committee thereof, should it be determined that a violation exists, the board or committee may assess a penalty for noncompliance in a sum not to exceed five percent (5%) of the value of the contract performed, and upon a finding of a second or subsequent violation, the contractor may be assessed a penalty equal to ten percent (10%) of the value of the contract performed. 12 , I I H I Further, any contractor found in violation for a second or subsequent violation of this ' subchapter may lose its contractor's license for a period of one (1) year. The board or committee may also issue an order to cease and desist the work pending compliance. (c) Failure of a contractor to comply with the provisions of this subchapter shall be grounds ' for revocation of any license issued to the contractor by the Contractors Licensing Board. (d) Enforcement of the bond filing requirements contained herein shall be the responsibility of the board. ' (e) The board shall have the power to make such rules and regulations for enforcement as it may consider appropriate and not in conflict with Arkansas law. 17-25-409. Proceedings upon violation. (a) Regarding any violation of this subchapter, the Contractors Licensing 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 or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The 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 of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. [1 I I ' 13 I H I Li I U The Rules and Regulations of the Contractors Licensing and Bond Law 224-25-1 ISSUANCE OF LICENSE (a) All Contractors licenses will be issued under the name and address listed on the front of the application form. The use of any other name may constitute a violation. It is the responsibility of the contractor to inform the Contractors Licensing Board in writing of any name, address, ownership or any other change relating to said license within 15 days of such change. (b) All applications for a Contractors license in the State of Arkansas must be filed in one of five categories; (1) individual, (2) partnership, (3) corporation, (4) limited liability company or (5) limited liability partnership. Each application must be supported by a qualifying party, who has satisfactorily completed such examination as may be required by the Board, prior to being issued a license to engage in contracting in the State of Arkansas. Anyone failing to pass such examination may be re-examined at any regular examination period, upon payment of proper fee. Should the qualifying party (business and law or trade) leave a licensed entity, written notice shall be given within fifteen (15) days to the Contractors Licensing Board. The notice shall state the name and position of the individual leaving and the name and position of the individual who will replace the departing qualifier. The replacement qualifier must be fully qualified within thirty (30) days of the departure of the previous qualifier. Any license not renewed within two years of expiration shall be required to re -qualify by examination process, as may be required at the time. 224.25-2 LICENSE EXPIRATION & RENEWAL (a) Expiration. All licenses to engage in the business of contracting in the State of Arkansas shall expire at midnight of the date of its expiration. (b) Renewal. (1) Renewal notices will be mailed approximately 60 days prior to the expiration of a license. However, it shall be the responsibility of the holder of the Contractors License to renew said license. Failure to receive a renewal notice shall not excuse the failure to timely renew. A renewal application will be considered timely filed if received by the Board or post marked by the expiration date. ' (2) Renewal applications received by the Board prior to the expiration date of the license shall be accompanied by a renewal fee of $50.00 and the licensee may continue to use the license until the next meeting of the Board following the expiration date of the license. (3) Renewal applications received within thirty (30) days of the expiration of the license shall be accompanied by a $100.00 renewal fee. UPON THE RECEIPT OF THE APPLICATION the license shall be deemed to be reinstated until the Board has met and acted upon the renewal. The reinstatement of a license does not reinstate the license for 14 ' I I 11 I the time period between the expiration of the license and the receipt of the application by the Board. (4) Any renewal application received more than thirty (30) days after the expiration of the license shall be accompanied by a $100.00 fee and may be reviewed by the Board at its ' next available meeting. The applicant shall not have a valid license until said application is approved by the Board. A license may be renewed up until two (2) years after its expiration date. Any license expired two (2) years or more shall be considered a new application. (5) Any renewal application not meeting the requirements of the Board at itsinitial review, but being placed in an improve status" will constitute an extension of the existing license until the next available board meeting, at which time the license will expire if a new license is not issued. 224.25-3 LICENSE APPLICATIONS Any new application not complete within ninety (90) days after original receipt in our office ' will become invalid. Any new application not passing the Board's review will be considered invalid after ninety (90) days from the date of its original review. During the ninety (90) day period the applicant may have the opportunity to make corrections or improvements needed in the application in order to warrant the issuance of a license. After an application ' becomes invalid a new application and fee must be submitted for consideration to obtain a Contractors License. 224.25-4 INACTIVE STATUS IA contractor who is licensed may choose to become inactive in the State of Arkansas at the time of any renewal. A contractor who is inactive may not bid on any contract nor perform any work for which a licensed contractor is required. A contractor who elects inactive status must pay all renewal fees, but is not required to submit financial information to the Board. A contractor who is on inactive status may reactivate its license by making a request to the Board and providing the financial information required to renew as an active contractor. A contractor may remain on inactive status for a period of time not to exceed six (6) ' consecutive years. 224-25.5 CLASSIFICATION & EXPERIENCE ' (a) A contractor may be licensed in any or all classifications. A contractor licensed as: Heavy Construction (HC), Highway, Railroad & Airport Construction (HRA), Municipal & Utility Construction (MU), Building (B), Light Building (LB), Mechanical (M) or Electrical (E) is authorized to perform any of the "specialties" associated with the classification in question. A contractor licensed as a Specialty (S) is authorized to only perform the functions of the specific specialty for which a license is held. It is the responsibility of the applicant for a classification or a specific specialty to show appropriate experience and qualifications in each classification requested and demonstrate the ability to perform said classification. ' (b) All applications for new and renewal of license must show a minimum of five (5) years experience in the type of work they wish to perform in Arkansas. All applicants for new and renewal of license must furnish a list of equipment available to their use in performing the specific type work they are licensed to do in Arkansas. ' 15 I I I Note: Past work experience and ability to perform work classification must be shown. (c) A contractor holding the classification(s) of Heavy Construction (HC), Highway, Railroad & Airport Construction (HRA), Municipal & Utility Construction (MU), Building (B) or Light Building (LB) is considered to be a General Contractor in its respective market. A General Contractor may perform Construction Management in its respective market. All other classifications are considered to be subcontractors. A contractor considered to be a General Contractor shall maintain proper personnel, financial ability and facility to perform for the owner coordination, development and management expertise for the entire project. (d) A contractor holding an Electrical classification must maintain expertise, proper facility, financial ability and at least 1 full time employee holding a Master Electrician's license (issued by the Arkansas Board of Electrical Examiners) to assure proper skills in performing and maintaining electrical projects. (e) A contractor holding a Mechanical classification must maintain expertise, proper facility, financial ability and at least 1 full time employee holding a Master Plumbers license (issued by the Bureau of Environmental Health Service - Plumbing Section) and at least 1 full time employee holding a class A or B HVACR license issued by the Arkansas HVACR Board to assure proper skills in performing and maintaining mechanical projects. (f) A contractor holding a Specialty plumbing classification must maintain expertise, proper facility, financial ability and at least 1 full time employee holding a Master Plumbers license (issued by the Bureau of Environmental Health Service - Plumbing Section) to assure proper skills in performing and maintaining plumbing projects. (g) A contractor holding a HVACR classification must maintain expertise, proper facility, financial ability and at least 1 full time employee holding a class A or B HVACR license issued by the Arkansas HVACR Board to assure proper skills in performing and maintaining HVACR projects. (h) Any contractor holding a specialty classification for which a license or permit is required by another licensing or permitting authority, must hold the necessary license or permit in order to receive a license from the Board. (i) CLASSIFICATIONS AND SPECIALTIES — A contractor holding a classification may perform any of the functions listed under that classification. Performing work not listed under that classification may constitute a violation. OUTLINE OF CLASSIFICATIONS (1) HEAVY CONSTRUCTION , This Classification Includes All Of The Specialty Classes Below: 1. Boring 2. Cofferdams, Dikes, Levees & Canals 3. Dams 4. Marine (Includes - Warves, Docks, Harbor Improvements, Terminals) ' 16 I H I I I 5. Mining (includes Surface and Underground Mining) ' 6. Oil and Gas Field Construction 7. Oil Refinery, Power & Energy Plant Construction a. Steel, Alloy, Ornamental, Metal Fabrication, Welding b. Stack Construction C. Foundation Construction & Drilling, Pile Driving, Stabilization d. Concrete e. Conveyors, Crane & Material Handling f. Base & Paving I. Base Construction ii. Hot & Cold Mixes iii. Surface Treatment iv. Asphalt I. v. Concrete Paving g. Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) B. Tunnels & Shafts (2) HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION This Classification Includes All Of The Specialty Classes Below: Ii. Base & Paving a. Base Construction b. Hot & Cold Mixes c. Surface Treatment Id. Asphalt e. Concrete Paving 2. Bridges & Culverts a. Painting b. Repair c. Bridge Deck Overlay (Sealant) 3. Cofferdams, Dikes, Levees, Canals 4. Erosion Control ' 5. Foundation Drilling & Construction, Pile Driving, Stabilization 6. Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) 7. HRA Miscellaneous & Specialty Items a. Traffic Safety 1. Pavement Markers 2. Signaling 3. Guardrail and Fencing 4. Attenuators, Signalization and Roadway Lighting ' b. Landscaping 1. Seeding 2. Sodding 3. Planting ' 4. Chemical weed and brush control C. Pavement Rehabilitation 1. Pressure grouting 2. Grinding and grooving 17 I I I I 3. Concrete joints 4. Underdrains d. Miscellaneous Concrete 1. Sidewalks 2. Driveways 3. Curb and gutter 4. Box culverts Railroad Construction and Related items Concrete Steel, Alloy, Ornamental, Metal Fabrication, Welding Stack Construction MUNICIPAL AND UTILITY CONSTRUCTION This Classification Includes All of The Specialty Classes Below Base & Paving a. Base Construction b. Hot & Cold Mixes C. Surface Treatment d. • Asphalt e. Concrete Pavement Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) HRA Miscellaneous & Specialty Items a. Traffic Safety 1 - Pavement Markers 2. Signaling 3. Guardrail and Fencing 4. Attenuators, Signalization and Roadway Lighting b. Landscaping 1. Seeding 2. Sodding 3. Planting 4. Chemical weed and brush control c. Pavement Rehabilitation 1. Pressure grouting 2. Grinding and grooving 3. Concrete joints 4. Underdrains d. Miscellaneous Concrete 1. Sidewalks 2. Driveways 3. Curb and gutter 4. Box culverts Underground Piping, Cable, Trenching a.' Gas Distribution and Transmission Lines b. Sewer Lines c. Storm Drains d. Rehabilitation & Structures I e. Waterlines f. Underground Conduit, Cable 5. Water and Sewer Plants and Sewer Disposal a. Steel, Alloy, Ornamental Metal Fabrication, Welding b. Stack Construction Foundation Drilling & Construction, Pile Driving, Stabilization IC. d. Slipform Concrete Structures e. Conveyors, Crane & Material Handling f. Carpentry, Framing, Millwork, Cabinets g. Foundation Construction, Pile Driving, Foundation Drilling, Stabilization h. Erosion Control i. Painting j. Lift Stations and Pumps k. Above ground tanks I. I. Roofing & Roof Decks m. Pipes, Process Piping, Valve repair n. Insulation 0. Dredging ' p. Masonry 6. Waterwells (4) BUILDING ' This Classification Includes All Of The Specialty Classes Below: [1 I I I H I I I I I 1. Awnings, Canopies 2. Base & Paving a. Base Construction b. Hot & Cold Mixes c. Surface Treatment d. Asphalt e. Concrete Pavement 3. Blinds, Draperies, Curtains 4. Bulk Storage Facilities 5. Carpentry, Framing, Millwork, Cabinets 6. Car Washes 7. Ceiling, Wall Systems, Acoustical Treatments 8. Chimneys, Fireplaces 9. Concrete 10. Control Towers 11. Conveyors, Cranes, Material Handling Systems 12. Drywall 13. Elevators, Escalators, Dumbwaiters, Chairlifts 14. Erosion Control 15. Excavation 16. Fencing, Gates 17. Floors and Floor Coverings 18. Foundation Drilling and Construction, Pile Driving, Stabilization 19. Furniture, Recreational Equipment, Bleachers, Seating, Partitions 20. Glass, Windows, Doors, Glazing, Storefronts, Hardware 21. Golf Cart & Foot Bridges & Paths 19 H 22. Golf Courses 23. Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) 24. Greenhouses 25. HRA Miscellaneous & Specialty Items a. Traffic Safety 1. Pavement Markers 2. Signaling 3. Guardrail and Fencing 4. Attenuators, Signalization and Roadway Lighting b. Landscaping 1. Seeding 2. Sodding 3. Planting 4. Chemical weed and brush control c. Pavement Rehabilitation 1. Pressure grouting 2. Grinding and grooving 3. Concrete joints 4. Underdrains d. Miscellaneous Concrete 1. Sidewalks 2. Driveways 3. Curb and gutter 4. Box culverts 26. Indoor, Outdoor Advertisements 27. Institutional & Kitchen Equipment 28. Insulation 29. Interior Work 30. Landscaping, Irrigation, Lawn Sprinklers, Streams 31. Lathe, Plaster, Stucco, Dryvit, EIFS 32. Masonry 33. Mausoleums 34, Medical Shielded Enclosures 35. Metal Building Erection 36. Metal Studs, Walls 37. Microwave Systems, Satellite Dishes, Towers 38. Overhead Doors and Dock Equipment 39. Paint Booths 40. Painting, Wall Covering 41. Poultry and Swine Houses 42. Remodeling, Renovations, Restoration, Alterations 43. Retaining Walls 44. Roofs & Roof Decks 45. Sandblasting & Hydroblasting 46, Sheet Metal, Ducts 47. Siding, Sofitt, Facia and Gutters 48. Skylights and Solar Systems 49. Special Coatings or Applications, Caulking, Waterproofing 50. Steel, Alloy, Ornamental, Metal Fabrication, Welding 20 H n I L I 51 52 53 54 55 ' 56 57 (5) ' This Classification Includes All Of The Specialty Classes That Are Listed Under The Building Classification. However, Contractors Holding A Light Building Classification Are Limited As Follows: Substations Swimming Pools, Spas Tennis Courts Tile, Terrazzo, Marble Stack Construction Underground Storage Tanks Water & Sewer Plants, Sewer Disposals LIGHT BUILDING Light Building construction is construction, alternations or repairs of commercial projects for which the cost of materials and labor does not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in any project and the structure does not exceed two stories in height. Nonstructural alterations and repairs of existing buildings exceeding two stories in height ' are considered to be Light Building construction if the overall cost of the project does not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) including materials and Labor. (6) MECHANICAL CONTRACTING ' This Classification Includes All Of The Specialty Classes Below: NOTE: Trade Licenses required to obtain this classification are: a. Arkansas Master Plumber ' b. Arkansas Class A or B HVACR. 1. Boiler Construction & Repair 2. Sprinklers, Fire Protection ' 3. Heating, Ventilation, Air Conditioning, Refrigeration 4. Plumbing 5. Pneumatic Tube Systems 6. Pollution, Air & Dust Control, Blower & Exhaust Systems ' 7. Piping, Process Piping, Valve Repair 8. Sheet Metal, Duct 9. Control Systems & Instrumentation 10. Temperature Controls (Pneumatic) (7) ELECTRICAL CONTRACTING This Classification Includes All Of The Specialty Classes Below: NOTE: Trade License required to obtain this classification is: a. Arkansas Master Electrician. 1. Cable Television Lines (Above and Below Ground) 2. Communication, Computer & Sound Systems, Cabling ' 3. Electrical Signs 4. Electrical Temperature Controls Systems 5. Electrical Transmission Lines 6. Electrical Work for Buildings and Structures 21 I I I i 7. Control Systems & Instrumentation 8. Signal or Burglar Alarms, Fire Detection & Monitoring Systems 9. Substations 10. Communication Lines & Ducts 11. Underground Conduit Installation (8) SPECIALTIES (Specific) A Contractor May Obtain Any Sub -Classification As A Specialty By Request And Proper Qualifications Shown. (Example: Base & Paving, Plumbing, Drywall, , Insulation, etc.) The Complete List Of Those Sub -Classifications Is: SPECIALTIES Above Ground Tanks Asbestos (Certificate Needed) Airport Passenger Bridges Awnings & Canopies Base & Paving a. Base Construction b. Hot & Cold Mixes c. Surface Treatment d. Asphalt e. Concrete Pavement Blinds, Draperies, Curtains Boiler Construction & Repair (License Needed) Bulk Storage Facilities Cable Television Lines (Above and Below Ground) Car Washes Carpentry, Framing, Millwork, Cabinets Ceiling, Wall Systems, Acoustical Treatments Chemical Resistant Tile & Brick Chimneys, Fireplaces Cofferdams, Dikes, Levees, Canals Communication, Computer & Sound Systems, Cabling Concrete Control Systems & Instrumentation Conveyors, Cranes, Material Handling Systems Cooling Towers Demolition, Blasting Dredging Drywall Electrical Transmission Lines Elevators, Escalators, Dumbwaiters, Chairlifts (Certificate Needed) Energy & Chemical Pipelines Energy Management, Retrofit Systems Environmental General Erosion Control Excavation Fencing, Gates Fiberglass 22 I I I I [I 7 Fireproofing Floors, Floor Coverings Foundation Construction & Drilling, Pile Driving, Stabilization Furnaces, Fuel Burning or Heat Transfer Equipment, Stokers, Refractories Furniture, Recreational Equipment, Bleachers, Seating, Partitions ' Gas Fitters (License needed) Generators, Turbines Glass, Windows, Doors, Glazing, Storefronts, Hardware Golf Cart & Foot Bridges & Paths ' Golf Courses Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Culverts, Clearing, Grubbing & Rip Rap) Grain Bins Greenhouses Heating, Ventilation, Air Conditioning, Refrigeration (HVACR class A or B) HRA Miscellaneous & Specialty Items a. Traffic Safety 1. Pavement Markers 2. Signaling 3. Guardrails and Fencing 4. Attenuators, Signalization and Roadway Lighting ' b. Landscaping 1. Seeding 2. Sodding 3. Planting ' 4. Chemical weed and brush control c. Pavement Rehabilitation 1. Pressure grouting 2. Grinding and grooving IS. Concrete joints 4. Underdrains d. Miscellaneous Concrete 1. Sidewalks 2. Driveways ' 3. Curb and gutter 4. Box culverts Hydraulics Incinerator & Stack Construction ' Indoor/Outdoor Advertising Institutional & Kitchen Equipment Insulation Interior Work Kilns, Drying Systems Landfills Landscaping, Irrigation, Lawn Sprinklers, Streams Lathe, Plaster, Stucco, Dryvit, EIFS ' Lead Abatement (Certificate Needed) Lift Stations, Pumps Liners Marine Docks ' 23 Li I I I I Masonry Mausoleums Medical Shielded Enclosures Metal Building Erection Metal Studs, Walls Microwave Systems, Towers, Satellite Dishes Millwright Oil & Gas Field Construction, Rigging Overhead Doors & Dock Equipment Paint Booths Painting, Wall covering Piping, Process Piping, Valve Repair Plant Maintenance Plating & Waste Treatment Systems Plumbing Pneumatic Tube Systems Pollution, Air & Dust Control, Blower & Exhaust Systems Poultry & Swine Houses Precipitators Railroad Construction & Related Items Reber Refrigeration & Cold Storage Remediation Remodeling, Renovations, Restoration, Alterations Retaining Walls Right of Way Clearing Roofing, Roof Decks Sandblasting, Hydroblasting Scaffolding Scales Security, Banking, Detention Equipment (Bars & safety no certificate needed) Service Station Equipment Sheet Metal, Ducts Siding, Soffit, Facia, Gutters Signal or Burglar Alarms, Fire Detection & Monitoring Systems (Certificates Needed) Skylights, Solar Systems Special Coatings or Applications, Caulking, Waterproofing Sport & Recreational Surfaces Sprinklers, Fire Protection Steel, Alloy, Ornamental, Metal Fabrications, Welding Substations Swimming Pools, Spas Temperature Control (Electric) Temperature Controls (Pneumatic) Testing, Balancing Tile, Terrazzo, Marble Tunnels & Shafts Underground Piping, Cable, Trenching, Boring Underground Storage Tanks (Certificate Needed) Water Wells (Water well License required) , 24 LI I ' 224.25-6 FINANCIAL REQUIREMENTS (a) New Applications: All new applications must contain an audited financial statement, less than one year old and prepared in accordance with GAAP guidelines, of the ' company, and an audited Opinion Letter from an Independent CPA or RPA. Any application submitted as an individual or partnership must also be accompanied by an unaudited financial statement of the individual or partners. This is not in lieu of the audited statement of the company but in addition to. ' (b) All renewal applications must contain an audited or reviewed financial statement and an Audit Opinion or Review Report from an Independent CPA or RPA. 4 (c) Minimum Business Related Net Worth (new and renewal applications). Minimum Business Related Net Worth for Classification(s) Requested: (Property not used for Business purposes is not acceptable.) New applicants must have one half (1/2) of the minimum Net Worth requirement in cash. HEAVY $50,000 HIGHWAY, RAILROAD, AIRPORT 50,000 MUNICIPAL & UTILITY 50,000 ' BUILDING 50,000 LIGHT BUILDING 20,000 MECHANICAL 20,000 ELECTRICAL 20,000 SPECIALTY 5,000 (d) Working Capital will also be reviewed and considered in determining whether to issue a new or renewal license. (e) If the Board determines that the financial information provided by an applicant for a renewal license does not satisfy the financial requirements, the Board may, at its option, deny the application or place the application in Improve status. An applicant who is placed in Improve status will have its license extended thirty (30) days, pending further information ' being provided and/or changes being made by the applicant to resolve any difficulties. The license is effective only until the next regular meeting of the Board and will expire at the next regular meeting unless further action is taken by the Board. 224-25.7 BIDDING & CLASSIFICATION (a) It shall be permissible for any city, municipality, sewer or water district, or other political corporation to accept bids from unlicensed contractors for projects involving federal funds specifically designated for the project in question, provided, however, no contractor shall submit a bid prior to submitting application for licensure, and that no construction contract shall be executed until the successful bidder has furnished an appropriate license issued by the Contractors Licensing Board. (b) Any project being advertised for bid in the State of Arkansas for construction, erection, alteration, or repair of any building or any other structure, must be bid by a prime contractor. However, if the Electrical and Mechanical classification, considered together, or 25 I I I 11 I any other specialty, considered by itself, should constitute 80% or more of the total project, the holder of that classification may bid as a prime contractor on the project A prime Contractor accepts full responsibility for any project except as may be written in the contract with owner. (c) A Contractor holding a Building classification cannot list itself as Electrical and Mechanical subcontractors unless these classifications have been properly issued by the Contractors Licensing Board and they appear on the current license held by the contractor. (d) The listing of any classification or sub -classification on a license certificate authorizes the performance of work falling within that field or of any field so closely related that the skill required for the specified field would also apply. It is not intended for these classifications to be restrictive beyond the point of safeguarding the public interest in requiring Contractors to supply the skills necessary to perform the work under contract. ' (e) A Contractor holding the Building classification may enter into general contracts for building construction including all specialty items required in the contract to make the building usable for the purpose intended and may perform these items with his own forces, if qualified, or may sublet such work to qualified specialty contractors skilled in the particular fields involved. It is the specific responsibility of the general contractor to furnish the skills required for the proper performance of all the work included in the contract. (f) The Contractors Licensing Board may delegate the authority to the Administrator for necessary changes, such as suggested bid limit, name changes, added classification(s), etc., provided, however, proper information to support such change be submitted to the office for placement in file. Any such change will be presented for Board review at its next regular meeting. 224-25-8 COMPLAINTS & INVESTIGATIONS (a) The purpose of the complaints procedure is to effectively deal with issues effecting the licensure of Contractors. The complaints procedure is not intended to function as a dispute resolution process or a code enforcement process. Any complaint registered with the Contractors Licensing Board of alleged violations must be submitted in writing with proper information to identify job site, owner if possible, any name and phone numbers of individuals and any other information that may tend to be useful in the investigation. The Complainant must furnish his/their name; address and phone number in order to obtain any other information that may be necessary for proper investigation. A written response will be made to a Complainant when investigation is closed if so requested in writing. (b) A contractor who is licensed shall cooperate with any investigation and provide the Board with all relevant information requested by the Board. The failure to cooperate or to timely provide the Board with relevant information as requested may constitute misconduct in the conduct of the contractors business and may subject the contractor to the revocation of the contractors license. (c) The Contractors Licensing Board may delegate to the administrator/investigator the authority to obtain contractor compliance as may be necessary. The administrator/investigator will conduct all investigations in such a manner that would be complimentary to the Licensing Law for Contractors. 26 I I I I I I I I I I I I I I I I I I I I (d) Any application being denied because of a violation of Ark. Code Ann. § 17-25-101 et seq. shall become invalid and a new application must be submitted and the thirty (30) day waiting period shall begin anew upon being received in the office of the Contractors Licensing Board. 224-25-9 HEARINGS & APPEALS (a) All hearings and appeals of decisions of the Contractors Licensing Board will be held in accordance with the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25- 15-201 et. seq. (b) Appeals from decisions of the Residential Building Contractors Committee. (1) Appeals from decisions of the Residential Building Contractors Committee to the Board shall be in writing and filed with the Board within 10 calendar days of the date the decision was served upon the respondent. (2) A transcript of the original hearing(s) will be ordered and filed with the Board. A copy of the transcript will be provided to the respondent upon request. In the event the Board affirms or modifies, but does not reverse the decision of the Committee, the respondent will be responsible for the cost of the appeal. Said cost includes, but is not limited to, the cost of the transcript. Said costs are in addition to any civil penalties or other sanction imposed. (3) The Board will review the decision of the Committee and hear arguments from the respondent for respondent's counsel and from the counsel for the Committee. No new or additional evidence will be taken. (4) The Board may affirm, reverse or modify the decision of the Committee. (c) Payment of civil penalties. All civil penalties assessed by the Board are required to be paid within 20 days of the date of the hearing. Any civil penalty suspended in whole or in part by the Board shall be suspended upon any condition specifically stated by the Board and upon the condition the civil penalty is paid within 20 days of the date of the hearing. In the event the civil penalty is not paid within 20 days of the date of the hearing, any amount suspended shall be reinstated and shall become due and payable without any further action of the Board being required. 224-25-10 . DEADLINES For any deadline that occurs on a Saturday, Sunday or holiday proclaimed by the State of Arkansas, the time to complete that event shall be extended until the next business day. 224-25-11 BONDS All bonds required to be filed with the Board pursuant to Ark. Code Ann. § 17-25-401 et seq. shall be made by surety companies which have qualified and are authorized to do business in the State of Arkansas. The bonds shall be executed by a resident or nonresident agent, broker or producer licensed by the Arkansas Insurance Commissioner to represent the 27 surety company executing the bond and shall file with the bond the agents, broker's or ' producer's power of attorney to demonstrate his authority. 224-25-12 DEFINITIONS (a) Ownership: When the terms His own or Its own property is used in the contractors licensing law, it shall mean sole and exclusive right to sell or convey the property. (b) Single-family residences: Single-family residence, as referred to in Arkansas Code Ann. § 17-25-101, as amended, means any project consisting of one but not more than four units constructed for residential occupancy, any project consisting of five or more units is considered multi -family housing. (c) Qualifying party: A person who has passed the appropriate business and law or trade examination. To act as a "qualifying party" a person must be either: (1) a sole owner; (2) a partner of the partnership; (3) an officer of the corporation who is actively engaged in the day to day activities of the company; (4) a member of the Limited Liability Company who is actively engaged in the day to day activities of the company; (5) a partner of the Limited Liability Partnership who is actively engaged in the day to day activities of the company; or (6) a full time employee. (d) Full time employee: A person who is an actual employee of the business, not an independent contractor. The person must work, on average, 30 or more hours a week for the business (1500 hours per year), must not be paid as an independent contractor (not receive a "1099" for his earnings but receive a "W-2" for his earnings). A full time employee is not someone who is hired "job to jab" as needed. Other factors to be considered in making this determination include, but are not limited to: whether the business pays for workman's compensation insurance on the individual, whether the business pays payroll taxes on the individual, the amount of control the business has over the activities of the individual, the ownership of the tools used by the individual and, whether the individual maintains his own business separate from the business in question. (e) Construction Management: A process of professional management applied to a construction program, generally from start to finish, for the purpose of controlling time, cost, and quality. ' Usually the construction management organization links itself to the owner as an agent and thereby places itself in a fiduciary relationship with the owner. Construction management offers a broad range of services encompassing the planning, procurement, construction, and warranty phases of a project. In this relationship, the construction manager can properly represent the owner both to the design professional and to the contractors . L I 28 ' I [1 I I DISCLAIMER: ' Every effort is made to ensure the accuracy of the information contained within this pamphlet. However, due to the possibility of typographical errors and printing errors, the Arkansas ' Contractors Licensing Board can not guarantee the accuracy of this information. If you have a question about any of the information contained herein, or would like more complete ' information, please call the Arkansas Contractors Licensing Board at 501-372-4661 I H I I I I I I [1 I I H 29 I 1 FAYETTEVILLE AIRPORT ADMINISTRATION OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS L. May 9, 2005 iAm,roR-Montoya— — — -- �— - Manager, Civil Rights Staff 1 FAA, Southwest Region, ASW-9 2601 Meacham Blvd. Fort Worth, Texas 76137 Dear Mr. Montoya, - 1 Please find enclosed the FY2005 Goal Update for Fayetteville Municipal Airport. The Goal Update is submitted for your approval as suitable in meeting Fayetteville Municipal 1• Airport's administrative responsibilities under 49 CFR Part 26, in regard to the pending AP funding for DOT/FAA grant#3-05-0020-033-2005. 1 Your assistance is greatly appreciated. If there is further information that I can provide to you at this time, please do not hesitate to contact me. Best Regar , • am Nicholson 1 in cial Coordinator / DBE Liaison enclosure /3/copies cc: Ray M. Boudreaux, Director Aviation & Economic Development 1 File I 11 I 1 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701 1 PHONE 501-718-7640 Ext. 5 • FAX 501-718-7646 RESOLUTION NO. 87-05 • A RESOLUTION TO ACCEPT AND APPROVE THE UPDATED FAYETTEVILLE MUNICIPAL AIRPORT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION GOALS FOR FY2005. 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 accepts and approves the updated Fayetteville Municipal Airport Disadvantaged Business Enterprise (DBE) Program participation goals for FY2005. PASSED and APPROVED this 3*d day of May 2005. ATTEST: By: FAYEITEVILLE; SMITH, City Clerk I U ' Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update Airport Sponsor: City of Fayetteville Name of Preparer: James Nicholson, Financial Coordinator Fayetteville Municipal Airport/Drake Field 4500 S School Ave., Suite F, Fayetteville, AR 72701 — — — Goal Period: Project Based — AIP Grant No. 3-05-0020-0033-2005 ' Overall DBE Goal: 1.0% Introduction to 2005 DBE Goal update: The City of Fayetteville / Fayetteville Municipal Airport DBE Goal update for Fiscal Year (FY) 2005 and extending through the completion of the Airport Improvement '• Project (AIP) noted above, is provided to describe the Airport Projects which are funded in part with Department of Transportation (DOT) / Federal Aviation Administration (FAA) funds, and to determine by the federally prescribed methodology the portion or percentage of those finds targeted for contract award Ito Disadvantaged Business Enterprises (DBE's) in accordance with Federal Regulations 49 CFR Part 26. The Goal Update is a prerequisite for AIP grant funding for airports which anticipate receiving more than ' $250,000 in federal funding from the DOT / FAA in the 2005 fiscal year. The 2005 DBE Goal Update revises the DBE participation goal in federally funded airport contracts anticipated for the 2005 fiscal year, from that originally described in the airport's previously published ' DBE Program Plan and successive annual goal updates. The FY 2005 Goal Update is effective concurrent with the solicitation of bids through completion of the grant funded project(s). Public Participation and Consultation in the DBE Goal Update process is a requirement under federal regulations at §26.45(g). The updated Goal and Methodology is published for 30 days prior to submittal to the FAA for approval. Comments on the Goal Update are accepted for 45 days after the date of public notification of its availability for public review. A number of interested private and public entities were ' selected to review and comment on the Goal Update, (see attachment #1 - list of consulting agencies). Public comments on the updated goal and methodology are incorporated with the submission to the FAA. Public comments on the proposed FY 2005 Goal will be received until 5/4/05, (see attachment #2 — ' comments) Comments on the FY 2005 DBE Goal Update maybe submitted to the Fayetteville Municipal Airport's ' DBE Liaison Officer by phone, writing, fax, or e-mail to the following: James Nicholson, DBE Liaison Officer Fayetteville Municipal Airport / Drake Field ' 4500 South School Ave., Suite F Fayetteville, AR 72701 479-718-7643 ' 479-718-7646 fax jnicholson!?a.ci.fayetteville.ar. us I I El I ' Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update OVERALL GOALS (§26.45) Goal Period Project / Grant based ----- 1 Amount of Goal Fayetteville Municipal Airport's overall. goal for Grants: AIP 33/34 is: 1.0% Fayetteville Municipal Airport anticipates two AIP (federally funded) projects in FY 2005. The estimated project costs are $122,750 for "Airport Master Plan Update" and $1,075,000 for "West -Side GA Apron". Thus, the total projected dollar amount of DBE participation in the projects is: $ 11,998 iDetermination ofMarket Area Step 1 of the methodology for determining DBE percentage goal requires an assessment of the relative availability of DBE's in the local market area. The local market area is the area which provides, or is most likely to provide, the firms considered qualified to perform the needed work. '• Airport Master Plan: We used the most recent Census data available (2002) for the State of Arkansas. ' West -Side GA Apron: We used the most recent Census data available (2002) for the Fayetteville -Springdale -Rogers MSA which includes Washington and Benton Counties, and three surrounding Arkansas ' counties: Crawford, Franklin, and Madison counties. Effectively all contractors for airport improvement construction work have historically come ' from the local area, specifically, Washington, Crawford, and Benton County, except that, occasionally a contractor performing ancillary tasks may be recruited from a further distance. However, for the sake of including contractors within a reasonable, feasible range, two other '• counties bordering Washington County are included in this assessment: Franklin and Madison counties. H C I I I Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update I Considerations in selecting Market Area Airport Master Plan: Airport Engineering services are provided by a local consulting Engineering company which is hired by means of a professional services selection process. The resulting Agreement for Engineering Services engages the consultant for a 3 to 5 year span. Typically, the Engineering consultant performs 100% of the services. However, the consultant is contractually obligated to seek DBE's for any subconsultant work they may engage for airport projects. West -Side GA Apron: A primary condition of asphalt or concrete pavement work is the distance from the material t producer's location to the worksite. The pavement material is time limited in its workability before spoilage due to the material's short curing time. Thus, local producers are most apt to provide material for this project. Also, local concrete finishing contractors performing this type work have established relationships with the local material producers. Our Washington County, Arkansas location, situated in a central valley of the Boston Mountains, also contributes to an insulated climate for this type of construction work. Accessibility to distant material producers by trans -state highway is limited by mountain terrain and distances of surrounding rural area. ' The available DBE Contractors in the Local Market Area are those listed as being certified DBE by the Arkansas State Highway & Transportation Department (AHTD), and listed in AHTD's "Disadvantaged Business Enterprise Directory," published March 2, 2005. I C L H I I 1 1 1 I I I I 'J I Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update Methodology - Step 1 The Fayetteville Municipal Airport / Drake field anticipates awarding two AlP funded project contracts in FY 2005. The projects are: 1. Airport Master Plan Update, consisting of research_ and strategic planning for the development of the Airport. 2. West -side GA Apron, consisting of 9400 sq yd of apron pavement, access way, and replace sewer line. Project No. I — Airport Master Plan Update 2002 NAICS Code Work Item DBE's in Local Market Area All Available Firms 541330 Engineering Consulting Services 1 270 Totals for this Construction Contract 1 270 Project No. 2— West -side GA Apron 2002 NAICS Code Work Item DBE's in Local Market Area All Available Firms 237310 Highway, Street & Bridge Construction 0 11 238110 Concrete Contractor 1 51 327320 Ready Mix Concrete Mfg 0 12 238120 Structural steel & Precast Concrete 1 2 238210 Electrical Contractors 0 112 237310 Striping (Hwy, St, & Bridge Construction) 0 48 238910 Site Preparation Contractors 1 46 484220 Dump Trucking, local specialized 3 20 Totals for this Construction Contract 6 302 I [I I Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update Calculation of Base Figure l The base figure is calculated as: the number of available DBE contractors as a percentage of all available contractors in the Local Market Area. Base Figure = DBE contractors fall contractors Base Figure = 1+6 / 270+302 = 1.224% Methodology - Step 2 Step 2 is an adjustment to the base figure percentage from Step 1 so that the updated goal accurately reflects the actual attainable DBE participation in FY 2005 airport contracts. Past years DBE accomplishment results data for similar projects are examined and the median percentage is averaged with the base figure to determine the adjusted percentage goal. Only projects comprising like work are used for comparison. DBE Goal Accomplishments - Historical Information H I I I Calculation of adjustment to DBE Base Figure ' The calculation of the adjusted figure is determined by averaging the base figure and the historical average for like projects. IBase Figure + Historical Avg. /2 = Adjusted Figure Year Goal % Accomplishment % Project Type 2000 1.74 0 Access Road Construction 2001 .93 .42 Taxiway / Runway Rehabilitation 2003 .73 1.99 Taxiway Construction 2004 1.18 1.13 Taxiway Construction Median % 1.055 .775 (1.224+0.775)/2=1.0% H I I I H CI I I I H I I II I Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update Other Factors Research was conducted to determine if any DBE / small business disparity studies for the region were available. No disparity studies could be located for the region or state. Research was conducted to determine the number of, and the services provided by, DBE -owned financial institutions in the state. A list of all minority owned banks in the U.S., sorted by state, indicates that there are no minority -owned banks in the state of Arkansas. The latest U.S. Census Data for Hispanic population in the Northwest Arkansas Regional area indicates an increase of 815% from 1990 US Census in 2000. This is indicative of the recent influx of Hispanic emigrants to the area. Market research was conducted to determine the number of Hispanic -owned businesses in the State. Three local Hispanic issues related organizations were contacted for their input. No applicable statistics or listings were available from these groups. We anticipate that there will eventually be an increase of DBE's corresponding to the increase of local minority population as the new emigrants settle and become established. One noticeable change in the overall environment is that the number of all available contractors in the Local Market Area is less than that recorded in the previous Goal Update. It may be reasoned that due to the very strong growth economy in the region, there has been some consolidation of like businesses, where marginally performing firms are edged out of the market. No other factors regarding the local DBE environment could be determined to be an influence on the adjusted DBE goal figure. Breakout ofEstimated Race -Neutral and Race -Conscious Participation In determining what percentage of the 2005 adjusted goal could be met through race -neutral means, we again reviewed historical DBE accomplishments for Fayetteville / Drake Field. FYV has not typically met its DBE goal in any year since 1997, excepting FY 2003. ' Therefore, we estimate that in meeting our overall 2005 adjusted goal of 1.0%, we will obtain 0% from race -neutral participation and 1.0% from race -conscious measures (e.g. setting contract goals). H I P1 Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update Attachment #1 -List of ConsultingAgencies ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT PO BOX 2261 LITTLE ROCK AR 72203-2261 lames .moore( ahtd.state.ar.us ARKANSAS SBDC COLLEGE OF BUSINESS ADMINISTRATION 100 SOUTH MAIN SUITE 401 LITTLE ROCK AR 72201 SMALL BUSINESS ADVANCEMENT NATIONAL CENTER UNIVERSITY OF CENTRAL ARKANSAS COLLEGE OF BUSINESS ADMINISTRATION UCA BOX 5018201 DONAGHEY AVENUE CONWAY AR 72035-0001 SMALL BUSINESS ASSOCIATION (SBA) ARKANSAS DISTRICT OFFICE CAROL J SILVERSTROM 2120 RIVERFRONT DRIVE SUITE 100 ' LITTLE ROCK AR 72202-1794 Fax: (501) 324-5199 or (501) 324-5491 carol.silverstromgasba. ogv b ' patricia.walker(W s a.gov www.sba.gov/ar/ ARKANSAS STATE CHAMBER OF COMMERCE 410 S CROSS PO BOX 3645 LITTLE ROCK AR 72203-3645 VETERANS BUSINESS DEVELOPMENT OFFICE ANDY LAMONICA ARKANSAS DISTRICT OFFICE 2120 RIVER FRONT DRIVE ROOM 100 LITTLE ROCK AR 72202 I I I Overall Goal and Methodology Fayetteville Municipal Airport/ Drake Field (FYV) FY 2005 Update I. ARKANSAS DEPARTMENT OF ECONOMIC DEVELOPMENT DBEaFFICER ONE CAPITOL MALL LITTLE ROCK AR 72201 FAYETTEVILLE CHAMBER OF COMMERCE PO BOX 4216 FAYETTEVILLE AR 72702-4216 ' FCC(arkansasUSA.com AIRPORT MINORITY ADVISORY COUNCIL SHIRLINGTON GATEWAY 2800 SHIRLINGTON RD. SUITE 940 ARLINGTON VA 22206 PHONE (703) 379-5701 FAX (703) 379-5703 MINORITY BUSINESS DEVELOPMENT AGENCY TO CONTACT US BY EMAIL: HELP(cDMBDAGOV ' TO CONTACT US BY PHONE: (888) 324-1551 AMERICAN ASSOC OF AIRPORT EXECUTIVES DBE OFFICER 601 MADISON STREET ALEXANDRA VA 22314 703-824-0500 PHONE 703-820-1395 FAX AIRPORTS COUNCIL INTERNATIONAL -NORTH AMERICA 'DBE OFFICER 1775 K STREET NW SUITE 500 WASHINGTON DC 20006 PHONE: 202 293-8500 FAX: 202 331-1362 HISPANIC WOMEN'S ORGANIZATION OF ARKANSAS DBE OFFICER PO BOX 6132 ' SPRINGDALE AR 72766 479-751-9494 1 1 I I ' Overall Goal and Methodology Fayetteville Municipal Airport / Drake Field (FYV) FY 2005 Update• hwoacjcf jonesnet.org ARKANSAS WOMEN'S BUSINESS DEVELOPMENT CENTER SOUTHERN FINANCIAL PARTNERS 605 MAIN STREET SUITE 203 AtKkDELPFIIAAR71923 —— info(�southernfinancialpartners.org ARK MINORITY SUPPLIER DEVEL COUNCIL ' ARMSDC/TEAM 300 SPRING BLDG SUITE 415 LITTLE ROCK, AR 72201 Tel (501) 374-7026 • Fax (501) 371-04 infb(,armsdc.ore DIVERSITYBUSINESS.COM 200 PEQUOT AVENUE SOUTHPORT, CT 06890 http://www.div2000.com/ FEDERAL ACCESS WEBSITE LAW OFFICES OF 1. COBBLE DE GRAFT ' WORLDGATE PLAZA 12801 WORLDGATE DRIVE SUITE 500 HERNDON VA 20170 703-726-0197 703-726-0198 FAX http://www.fedaccess.com/ MINORITY BUSINESS ENTREPENEUR 3528 TORRANCE BLVD. SUITE 101 TORRANCE CA 90503 310-540-9398 310-792-8263 ' http://www.mbemae.com/ kbamett(a),mbemag.com I U L_1 ' PECEIVEQ MAP 0 R 2001 t----�ESULBTION NO. I7+7=oO - - 1 A RESOLUTION APPROVING THE REVISED DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM TO BE ' IMPLEMENTED FOR ALL DOT/FAA GRANT ASSISTED CONTRACTS ENTERED INTO BY THE CITY OF FAYETTEVILLE MUNICIPAL AIRPORT AS REQUIRED BY ' 49 C.F.R. PART 26. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, '• ARKANSAS: Section 1. That the City Council hereby approves the revised Disadvantage Business I. Enterprise (DBE) Program to be implemented for all DOT/FAA grant assisted contracts entered into by the City of Fayetteville Municipal Airport as required by 49 C.F.R. Part 26. A copy of the regulation is attached hereto marked Exhibit "A" and made a part hereof. • PASSED AND APPROVED this 17t° day ofOctober . 2000. ' APPROVED: By: ✓l - Fr& Hanna, Mayor ATTEST: By: eather. Woo ff, City CI EXHIBIT A FAYETTEVILLE MUNICIPAL AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Er C G'r Definitions of Terms RC_ The terms used in this program have the meanings defined in DOT 49 CFR 26.5. Objectives/Policy Statement (26.1,26.23) mne-t-rty-orrayettevmeit-ayertev�ue-mumctPat�-upott-vrake-held-has-establi�Md3YDisadvantaged 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 - ' I. 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 fums 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. I. 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. I. The City of Fayetteville 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 thatperform work for us on DOT -assisted contracts by running an advertisement in a statewide newspaper. CITY OFF �,yLE. L FreS Hanna, Mayor ' Attest: ' Date x Heather Woodruff, City CI k t W 1 ""� . • APPROVED AS TO SUBSTANCE: J U - () Y -1(71 Alert Little; Economic Development Director I 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 .vith_the-award_an±performance-ofany contract covered.by-4S--- 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 catty 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 CFA 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 Al.P 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, incoordination with other appropriate officials. -Duties and responsibilities include the following: II. 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. 1 I ' 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 1 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 —recipients-BBE4)rogrant,-as-required-by-49-C-Fit Part35-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 t 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 1 I I 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 —perfonrtante-ofitsconlract-tip -cater dnn-30-days-from-the receipt of each paymen the prune 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. 1 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. 1 Submission of a bid on auy 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 4 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 goal. The City of Fayetteville's overall goal for FY2000 is the following: 5% of the Federal financial assistance we will a�..a..A-:..-r-1/1T-..wn:,..A-.. R.. w....... _ ._.�� 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 Percentage: II. 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. 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. This calculation produced the relative -weighted availability of DBE participation of .50 percent. ' 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. 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)(Attachment #5). The average percentage of our base goal and the average of our last three years accomplishments would indicate an achievable overall goal of 1.12% ((.005 + .0174)/2=1.12). Ater evaluating the above information, the City of Fayetteville/Fayetteville Municipal Airport's initial base rate goal has been adjusted to 1.12% to reflect as accurately as possible the DBE participation the airport staff considers obtainable. I I I IProcess 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 1 of each year, unless other instructions have been received from DOT. Breakout of Estimated Race -Neutral and Race -Conscious Participation We estimate that, in meeting an overall goal of 1.12%, we will obtain 0% from race -neutral participation and 1.12% through race -conscious measures. Since the Fayetteville Municipal Airport has not been able to reach our overall goals with race -neutral measures, we will continue to use contract goals in meeting our overall DBE goals. IAll 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 I 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. IContract 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 6 I I I I I 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. ..................mono-ay.-won.u-a-wuua..a-�caa-umyicw-c51uu115nC4-W11tLCglllLe'the' t)tQtlersiorterors-to-submit the following information at the time of contract execution: I. The names and addresses of DBE firms that will participate in the contract; 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 1 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 U. 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 1 Good Faith Efforts when a DBE is replaced on a contract 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 vide-copies-ofnew-oramended-subcontracts, ordocmnentation of-goati-faitirefforts-lfth contia�or fairdi ' 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. ' 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 Fayetteville Municipal Airport will use the certification standards of Subpart D of part 26 and the certification procedures of Subpart E of part 26 to determine the eligibility of firms to participate as DBEs in DOT -assisted contracts. To be certified as a DBE a firm must meet all certification eligibility standards. We will make our certification decisions based on the facts as a whole. ' Process Our certification application form and documentation requirements are found in Attachment _ To this program. ' For information about the certification process or to apply for certification, firms should contact Brenda Moss ' 4500 Si School Avenue, Suite F Fayetteville AR 72701 Phone 501-718-7646 I. Or Arkansas State Highway And Transportation Department ' P.O. Box 2261 Little Rock AR 72203-2261 Phone 501-569-2259 ' 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. 1 I I I I I I. I I I I I I [1 I I Attachment #2 to this program sets forth these procedures in detail. Unified Certification Program 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 Appeals Any firm or complainant about a certification matter should be sent to: Department of Transportation Office of Civil Rights Certification Appeals Branch 400'" 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). "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 Change" 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 require an acknowledgment (a signed form that the DBE's status has not changed) annually. Personal Net Worth The Arkansas Highway and Transportation Department will handle personal net worth statements. Their statement is compatible with 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. Bidders List 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. HMI ' Monitoring Payments to DBEs 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 requiremer_r also extends to any certified DBE subcontractor. I I I. I I I I I I I I I I 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 subcontractor 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 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. APPROVED: U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration By: Attachments 1. Attachment #2. Department of Transportation 49 CFR Parts 23 and 26 rule #26.87. 2. Attachment #3 U.S. Small Business Administrations (SBA) form 413 (2-94). 3. Attachment #4 AHTD Agreement 4 Attachment #5 Sample Calculation for DBE base. 10 Date I I.. .. p.... [1 I I I I I I I I I • deemed to have failed tocooperatecr:>r: under (k) Ifyou-are. a''.,.. lent you must :-,.. make decisions on applicattonsfor :.- certlfiwpon within 90 days of receiving from the applicant firm all Information,: required under, this part. You may. t' extend this time.period once„ for.no : . _• more than an additional 60 days, upon.:: written notice to the: frrm,.explaining ::, , extension. You may establish a different time frame in yourDBE program. upon a showing that -this time frame is not. - feasible, and, subject to the approvalof.r the concerned operating administration. Your failure.to rnake a decision by the: applicable deadline under this :i ' paragraph is deemed a constructive% denial of the application: on the basis of which the firm may appeal to DOT - -' under§26.89:"a :::.:a. • .`' §26.85 What rules govern recipients' denials of initial requests for certification? (a) When you deny a request by a firm. which is not currently certified with you. to be.certifled as.a DBE. you must provide the firm a written ..- explanation of the reasons for the" denial, specifically referencing the evidence In the record that supports each reason for the denial. All documents and other information on which the denial is based must be made available to the applicant. on request. (b) When a firm is denied • . " certification.you-must establish a time period of no more than twelve months that must elapse before the firm' may ,. reapply to the -recipient for certification; You may provide."inyour DBE program.' subject to apptoikal by the concerned time • administtat(vely final denial of 4' certification tondithI1g7a fiSt the inn ' may appeal the denial td-ihe i :' Departmentunder:§26.89::;; r r"taa • `§2687 What Procedures doesa recipient.; use to remove a OBE's eligibility?., •'complaint - auegingtnatagurrenuys: :�.;xt certified firm is:ineligiblgandn 7; J; ;:, ;st specifying the. alleged reasons whythe firm is ineligiblefYou'are:noirequired'; , to accept a,general allegation that a firtn i ' is ineligible or an anonymous ; complaint. The complaint may include any information or:arguments supporting the complainants assertion that the firm is ineligible; and.$hould.not 21/Tuesday. February 2,, 1999/Rules and Regulations continue to be certified. Confidentiality of complainants' identities must be -.:: protected as provided in§ 26.109(b). (2) You must review your records concerning the firm, any material - provided by the fine and.the : complainant, and other available, information. You maytequest " - additional information from the firm or conduct any other investigation that you dram necessary--;- . ... (3) If you determine, based on this review,. that there Isreasonablecause to believe that the firm is Ineligible, you .. must provide written notice to the firm.. that you propose to find the firm - Ineligible. setting forth the reasons for, the proposed determination. If you •.;, . determine that such reasonable cause . . does not exist, you must notify the complainant and the firm in writing of this determination and the reasons for it. All statements of reasons for findings on the issue of reasonable cause must specifically reference the evidence in. the record on which each reason is based. .. I (b) Recipient•iriitiated proceedings. If. based on notification by the firm of a change in its circumstances or other information that comes to your attention, you determine that there is reasonable cause to believe that a currently certified firm is ineligible, you must provide written notice to the firm that you propose to find the firm ineligible. setting forth the reasons for the proposed determination. The statement of reasons for the finding of reasonable cause"must specifically reference the evidence in the record on which each reason is based. ' . .... (c) DOT directive to initiate proceeding. (1) If the concerned .. operating administration determines -that information jn your certification •.. records. or other information available ,to the concerned operating - . - administration. provides reasonable cause to believe thata finn you certified does not meet the eligibilltycriteria of this part the concerned operating administration may direct"you to Initiate, a proceeding to remove the firm's "t certification. . ..:c -:l (2) The concerned operating.... administration must provide you and the firm a notice setting forth the reasons for the directive, including any:: relevant documentation or other.; information. - .. ... - -. (3) You must immediately commence+ and prosecute a proceeding to remove eligibility as provided by paragraph (b). of this section. "-.. (d) Hearing. When you notify a firm that there is reasonable cause to remove its eligibility, as provided in paragraph. (a). (b). or (c) of thisaection, you must give the firm an opportunity for an informal hearing: at which the firm may respond to the reasons for the proposal to remove its eligibility in person and provide information and arguments concerning why It should remain certified... (1) In such a proceeding, you bear the burden of proving, by a preponderance of the evidence, that the firm does not part. .. .. _.. (2) You must maintain a complete record of the hearing, by any means acceptable under state law for the retention of a verbatim record of an administrative hearing. If there is an appeal to DOT under § 26.89, you must provide a transcript of the hearing to DOT and, on request. to the firm. You must retain the original record of the hearing. You may charge the firm only for the cost of copying the record. (3) The firm may elect to present information and arguments in writing. without going to a hearing. In such a situation, you bear the same burden of proving, by a preponderance of the evidence, that the firm does not meet the certification standards, as you would during a hearing. (e) Separation of functions. You must ensure that the decision in a proceeding to remove a firm's eligibility is made by an office and personnel that did not take part in actions leading to or seeking to implement the proposal to remove the firm's eligibility and are not subject. with respect to the matter. to direction from the office or personnel who did take part in these. actions. (1) Your method of implementing this requirement must be made part of your DBE program:, .z:..: (2) The decisionmaker must be an individual who Is knowledgeable about the certification -requirements of your (3) Before a PCP is operational in its state, a small airportorsmafi transit authority (f.e,, an aitportprtransit authority serving an,area:with less than 250,000 population)is required to meet this requirement only: to the extent 1ediLUSC ::: (f) Grounds for declsion,.You mustnot base a decision to remove eligibility on a reinterpretation or changed opinion of informationavailable to the recipient at thetime of its certification of the firm. You may base such a decision only on one.or more of the following: (1) Changesdn-the.firm's circumstancessince the certification of the firm by the recipient that render the firm unable to meet the eligibility standards of this pan: I I I I I I I I I I I I Federal Register/Vol. 64. No. 21/Tuesday. February 2. 1999/Rules and Regulations 5143 (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 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 affirm during proceeding. (1) A firm remains an eligible DBE during the pendency of your proceeding to remove its eligibility. (2) The firm does not become ineligible until the Issuance of the notice provided for in paragraph (gi of this section. (i) Effects of removal of eligibiliryy, When you remove a firm's eligibility. you must take the following action: Cl) 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 fine 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 firm's 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 ineligibility shall not count toward your overall goal. but mac count i toward the contract goal (3) Fxceptlon: 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. 0) Availability of appeal. When you make an administratively final removal of a firm's eligibility under this section. 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)J. 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 a letter 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 filing 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 lie firm's eligibility within one year prior to the date of the appeal, or before which an application for certification or a removal of eligibility Is pending. Failure to provide this informatics may be deemed a failure to cooperate under S 26. 109(c). (2) If you are an appellant other than one described in paragraph (c)(1) of this section. the Department will request. fir m whose certification has -been questioned shall oromotly crovide. d (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 recipients 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 decision1 based solely on the entire administrathe record. The Department does not make a de nova review of the matter and does 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 lave enforcement authorities: officials of a DOT operating administration or other appropriate DOT office: a recipient: or a firm or other private party. (q 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 requcs; by the firm and any third -party complainant involved. ant' supplementary information it receives from any source. Cl) The Department affirms your decision unless it determines, based oi; the entire administrative record, dm:a your decision is unsupported by `'L • 07:19Y00 WED 1249 FAX 817299x049 ASW-9 004 ATTACHMENT #3 e a e<r cT x�o' PERSONAL FINANCIAL STATEMENT 'rtxrsh U.S. SMALL BUSINESS ADMINISTRATION .. �.. .'1r ... .. _ .. As of .'i:::9;s:., _........_ .. — Business Phone Residence Address �esideneP Fh09 7Fly. Stale. d Lp Code -- — —.— lusiness Name of AppliconUBonower Cash on hands 3 in Banks .... _ _ r....,„-.. ��:-.,:uv. __ _,yx,_. !AX 'y�� :..'. -_•........ ACcoUnls Pa a Savings Accounts .. _... 5____ Y tile ........................ k E. ----- Notes Pe able to Banks and Others ------- IRA dr Other Retirement Account T .. _ _ . ' E_ E — (Describe in Section 2) — 4¢awds6NolesReceivable S_ _ Installment Account Avto- .ifeCompnce.CCashSurtenderValueOn ( )-•--------------- S_ (ComDkde Section 8) �... E_ Mo. Paymenh --- - ilocbandBonds ...... ... ............• S___ Mstaemenl Account (Other _... Mo. Payments ...E_ _ (0escdbe in $9C(ion 3) E — Loan on Life Insurance ......... ..... feel Estate_ ... _ _ .... E— ................. E_ Mortgages _ (0esaibe in SacY:on 4) uromoble-P (Desalbe in Section 4) -- resew Vatue Unpaid Taxes . - - .. then Person al Pro -- -....- E_ per ................. S__. (Describe in Section 6 -- (0escdbe in SectionS) ) Ihernssets Other Liabilities ......... S (Describe in Section 5) - - ----- - - _ — (Describe in Section )) • Total Liabilklas -. E_ Net Worth : .............................: s_ Total E __ Y Total E Cilen 1i -s C'Ottn�e a '� K5:.• .m� i .' �1l n m • "m \-I. 21t- 1111 ) ♦l —�.�.Mi tie tilab7 1 - ., I1ry. t ome.. ."--- --- E As Endorserorro-Maker-- 11 I Estatmem ktmome- .. E _ _ "'-'�-'•����•---- _ Legal Qeims6ldumen � �-- 6WI91nLpme 9 ti ... E _ --•-------. E— Provision b. Federal Income Tax ar IneOm9 ------------ E E_ �'nU _>)d' C.�I[ % Mt Iv !ri F:.. -� i�- -i.T� - :r� �� ,4 .• E i; •Y. •L .v. .1 .. !. a0A Eon,, 4') (Z-94) Use 5.91 Edition until stock i exhausted. R91: SOP 50-1 DW rhu am. -4< crMvxan 50-30 rtCA2oa or hMl Formr Inc —.-.—._ (tumble) 1 . H. ' SCGlI0R1.i!.1-• +Y iif .nix �•�_•. n .!q ri • �.- : .. „ •T Jv ii ��iA-�,gwf-.<w.'a�7^.masw•.. _ Market Valueti u berMShares, r ante of Secuntles 1, _• Dateof 4CPi'v:: t C �� �, • Quol311orVEXfhari a QuotationtlEzcha e.a i Total Value. sF ' Secrlanl;v u;{r�.i: a' ' i#(Ufead�'paioe( separately Useatachmerdirnecessary- Each'attadlme tmust be rite i y,I'' n ri6fied �sapart": <•s•' Lr 9i:(.t}wrr;_.., chthrsstatemenomi ned, '-t. '?„•i rp .:�, se nw: ]t -1 n �' ,'y '` ,, , .s...•� •.3.4`3ff�°�' ' 4 t :w:Froperry A Property B o _Pper__ \ .-. .. 2, Y1� ° .r._:' •�X fPropeeily �n^y r¢.n1 --- —"—"— -- --- ---- -- - — _. - OatC Purfi'aSed ; t.:z q ;..: Oiigmai Cot:.. .a_.-...: .. Q1ent MarJtet Value p,ry^�•,# 49. •., rim s x' ,....4-. ..� ANdress 0(Morlg4ge'Flo er J,!=t;.• Mortgage Aamuht-Numbei,w„*' s;- nf.:.n,.. . Mortgage Balance .:.. C •t�iec j:::£.: Amount of Paymenf pec.DAonlh/Yr-ar' Status of Mortgage ;,,y (Describe, and if any is pledged as sear' , state 'name and address of Iien;holder. amount of lien. terms Section 5. ':: =.y.ws_•s.... city, . of pa ment and rT Jelin ldesaibederinque )' ; I Section S. Unpaid,Taxe'i (Describe in detail; as.to type. to whom payable, when due, amount, and -to vihat property, if arty' ; a.t.ax lien attadles.) :i 1 1 Sectlon7. '.'Other Llatiiliyes"'.-i (DescnDein detailJ,: .. • ....:. _: .. if atic p,-,_ .,-"�:.� ..�... Section B_ys^L1reilesur;Siice-, e(A,- ;.�.(Grve-taceam¢unband cash surtender vatle.of po6des-name'of;Gi-su(a{newmparryarbene6®nes):',.+5=.:..<< I authorize SBAILender to make inquiries as necessary to verify the accuracy of the statements made and to determine my creditworthiness. I certify the abov and the statements contained in the attachments are true and accurate as of the stated date(s). These statements are made for the purpose of either obtaining a ban or guaranteeing a loan. I understand FALSE statements may result in forfeiture of benefits and possible prosecution by the U.S. Attorney General (Reference t8 U.S.C. 1001). - Signature: Date: Social Security Number. t) Signature: Date: Social Security Number. 'r -EASE NOTE: The estimated'average burden hours (of the completion of this form is 1.5 hours per response; If you have questions or comments conceming4tpis etirbate oi'any ether aspect of this information, please contact Chiel Adm(nistrativ! Branch, U.S. smalltusiness •.. AdminlstmdCnry,Vashinglen, D:0. 20116. and Clearance Office,, Paper ReduQ»n Pmje4 (3215-0188), Office of Management andB Wpet. Washindton; D:C: 205c3. E ATTACHMENT #4. ' RI_ -20-00 IHU (x3.39 AH Fd'9E:!Eil!LLE A'RP0RI FAX Fn. ,;, i8I346 Ue ' FI I.- E rl E V I L L.E NM1Poar atTlatMFN'f THE �T; OF FIYLT'El"Lu ARKANSAS July 20, 2000 ' Ms. Jane Wtos I C] I I I Arkansas Highway and Tnuporti :cc Departuui t P.O. Sox 226: Little Rock, AR 72203.2261 RE: DBE Ca'eficatn [ha: Ms. Wilson: 1 ++, the Disad.aeraged Butinoss Eattr nsc Liaiian Offiec .for the Faycrievlle Muair_pal Aiiport Pursuant to a telepboae cottv�;a ton! had -with Ms. K2v a'utctriold, we world like to uia the state D86 ;.cttfieatio^_ lis[poaied by your office as ow DBE iist In addition to this• we would lrkc [o iaelade the fo!!o'a':ag iletnt i csu pronm snd:cque y<,� c, airc,.tioa r}.t• d:ey r•iil be take: The Arkanras Lff hway snd Tfsa.yorta iaa Cepr rr,:a1 uiii hv]dlc ttcertficadu� k&'i Cta=,lrc Aftfda lls md?y'-icr' ofGJjay7 The Arknrxss Higbwty and 1r.nrc aoc Dcpa cunt t!a4 uaadicNo ChaigC afEdxviL;::a3 -,Notices of Change" Ecpornl New W h the Arkansas Highway and lr2*S'W Nark, Deprttecm will bends_ p.rsaaal net worth sr icmcar5'• if you sire: tint the State will handle thine for us, pleacc .,iga the signamrr block bclow an4 rcatsu this kwn m me so Thai J zna melude inn our plDL=ram If you fnvc any queston, please f4el Eros N Coutnar me at 5Oi-7i b-'553. Yhonk you for ycor escisgnx. ' Scacemly, steads Moss FicaacialCoocdicaror I affarn that t c A.'kaasas Righway and Trmspon.7cn Deparraneat I: ill handle rerext ficsxioa no eheags of ids : ;u ' and 'cis of rh`�s, and personal act worth snaments for cerjpaa!Cs pus::iag DBE status for aitpon rclhted P 72O - 00 M J Wilson Due I S0G SOUTH SCHOOLnVEN0E,5UIT F • Aa≥PORT IER'iINA_ BUILDING • fAYc TEVJLtE, AR 72701 PnONa SI-1 a.?4 ' Ext. S KAY SC 1.7+a.7pG ' Z0 d 02:17 00. OZ ILL D99Z 69S T0S:xed QIHtl ATTACHMENT #5 Average goal accomplishments for last three years (1997 throught 1999) I - I. 1 1 1 1 Year JOSE Goal IDBE Acconiplishe4 Average DBE jjexpresse&as °'a. Ex ressedas % GoalAccom lished_ fl U.SDepartmeni Soutnwesi Regior, lot r: ..-,,. :: „.. of Transportation Arkansas :.oa5NfJ New Mex,co OkIanoTa Federal Aviation Texas Administration ' SEP11 Ms. Brenda Moss Fayetteville Municipal (Drake Field) Airport ' 4500 S. School, Suite F Fayetteville, AR 72701 Dear Ms. Moss: This letter is in reference to the disadvantaged business enterprise (DBE) program for the ' Fayetteville Municipal (Drake Field) Airport. Based on our review, we have determined that the program meets the standards in 49 CFR Part 26, Department of Transportation regulations. Please forward a complete copy of your program to our office with all revisions, corrections, and changes. Your overall DBE goal of 1.12 percent for Airport Improvement Program (AIP) projects covers the period October 1, 1999, through September 30, 2000. You are not required to submit regular updates to your program as long as you remain in compliance. However, if you do make significant changes to the program, please submit a revised program to our office for review. Since an annual review of your overall goal (FY 2001) was required on August I. 2000, please submit an updated goal and methodology as soon as practicable if you have not already done so. This submission should include steps l and 2; breakout of race -neutral and race- , conscious -participation with a supporting rationale on how the breakout was derived; and evidence of public participation. All of the above steps must be taken even if you determine that the overall goat will remain the same. ' You are not required to obtain concurrence by our office with your updated overall goal prior to implementation. Thus, once you have submitted your overall goal, you can solicit bids or ' proposals for AIP contracts after September 30, 2000, which include contract goals derived from a proposed overall goal. if you have any questions or need assistance, please contact Ms. Rosetta Francis -Robinson, External Program Manager, Civil Rights Staff, at (817) 222-5009. ' Sincerely, �-i it.tcCf c` C'C'Cc"1� ' Ruth Leverenz Regional Administrator, Southwest Region 1 I - Note: A complete copy of the Federal Register 49 CRF Parts 23 and 26 dated February 2, 1999 is available in the Airport Administration Office. The document is very long and in order to save copying costs for the City Council Agenda, we have not reproduced the document for each packet. If you would like to see a copy or would like to have a separate copy, please contact Brenda Moss at 718-7643. Thank you for your help and consideration. INC 1810 N College Ave. P.O. Box 1229 MCCLELLAND FAYFRFVILLE AR 72702-1229 CONSUL TING 479/443-9241 FAX ENGINEERS, INC. TO: City Clerk City of Fayetteville F 113 West Mountain St. Fayetteville, AR 72701 DATE: November 2, 2007 PROJECT NUMBER: FY072150 ATTENTION: Ms Sondra Smith RE: Airfield Pavement Restriping Fayetteville. Municipal Airport WE ARE SENDING YOU: ❑ SHOP DRAWINGS ❑ PLANS ❑ FLOPPY DISK ® ATTACHED ❑ COPY OF LETTER ❑ PRINTS ❑ CHANGE ORDER ❑ SPECIFICATIONS ❑ SAMPLES ❑ FACSIMILE ❑ UNDER SEPARATE COVER VIA COPIES I DATE I NO. I DESCRIPTION 1 10-30-07 Complete set of Contract Documents PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL ❑ AS REQUESTED ❑ REVIEWED FOR GENERAL COMPLIANCE ❑ RESUBMIT _ COPIES FOR APPROVAL ® FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ REVIEWED FOR NOTED COMMENTS ❑ SUBMIT _COPIES FOR DISTRIBUTION ❑ FOR YOUR INFORMATION ❑ RETURNED FOR CORRECTIONS O RETURN _ CORRECTED PRINTS ❑ FOR DISTRIBUTION REMARKS: COPY TO: File BY: W:\2007\072150 Drake Field\Corres\"It, y-Transmittal-1102.doc 1'