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HomeMy WebLinkAbout138-09 RESOLUTIONRESOLUTION NO. 138-09 A RESOLUTION AWARDING BID #09-34 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $3,017,900.15 FOR CONSTRUCTION OF THE RUNWAY 16 RUNWAY SAFETY AREA IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #09-34 and approves a contract with Sweetser Construction, Inc. in the amount of $3,017,900.15 for construction of the Runway 16 Runway Safety Area Improvement Project. PASSED and APPROVED this 16th day of June, 2009. APPROVED: ATTEST: By. /��. �✓ i.- - 6=- By: LD JOR , Mayor SONDRA E. SMITH, City Cler111k/Treasurer sr irrrrrr YVTR : FAYETTEVILLE: d;;-p0°9,QkANSP.J.S '`4,1,;',47G76';'0,/ 111y Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/2/2009 City Council Meeting Date Agenda Items Only Aviation Transportation Division Department Action Required: 1) A Resolution to award a construction Contract to Sweetser Construction. Receipt of Bid 09-034, 4/28/2009, 11:05 am; HWY 71 Relocation (Runway 16 RSA Improvement project). Contact: Bill Sweetser, Sweetser Const. Inc., 590 W Poplar, Fayetteville AR 72703, 479-443-3026; Fax 479-442-0119. $ 3,017,900.15 Cost of this request 5550.3960.7820.38 Account Number 07039 3 Project Number Budgeted Item Department Dire or $ 223,467.00 Correct Runway 16 RSA Category / Project Budget Program Category / Project Name 198,647.00 Avi/ED Imp Funds Used to Date Program / Project Category Name 24,820.00 Airport Fund Remaining Balance Fund Name Budget Adjustment Attached Or' --/-6 Date 4 City Attorney D to (9,-2669 Finance and Internal Services Director Date 204-07 182-08 Previous Ordinance or Resolution # 227-08 Original Contract Date: Original Contract Number: Received in City ,,1E/ . Clerk's Office k� � 0°* Comments: Revised January 15, 2009 --agedu � iWoci Lia/o? CC - ARKANSAS City Council Meeting of: June 2, 2009 Agenda Item Number: C-2 AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee TI RU: Terry Gulley, Transportation Director Ofk FROM: Ray M. Boudreaux, Aviation Dire DATE: May 22, 2009 SUBJECT: Resolution to Award Construction Contract to Sweetser Construction, Inc. in the Amount of $3,017,900.15 for construction of the Runway 16 Safety Area Improvement Project at the Fayetteville Executive Airport, Drake Field. Signature of the Mayor. RECOMMENDATION: Approve award of construction contract to Sweetser Construction, Inc. the lowest bidder. Signature of the Mayor. BACKGROUND: An FAA grant has been issued for the project and contains enough money to award the entire construction project. The AIP Grant additionally covers appraisals, land acquisition, engineering services and construction oversight and provides funds for grants which were previously awarded and less than the project requirement. BUDGET IMPACT: This project is funded through AIP grant at 95% and an Arkansas Department of Aeronautics Matching Grant of 5%. Attachments: Staff Review Contract 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING - FAYETTEVILLE AR 72701 479.718.7642 •479.718.7646 FAX • www.accessfayetteville.org/governmentlaviation airport economic development@ci.fayetteville.ar.us RESOLUTION NO. A RESOLUTION AWARDING BID #09-34 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $3,017,900.15 FOR CONSTRUCTION OF THE RUNWAY 16 RUNWAY SAFETY AREA IMPROVEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #09-34 and approves a contract with Sweetser Construction, Inc. in the amount of $3,017,900.15 for construction of the Runway 16 Runway Safety Area Improvement Project. PASSED and APPROVED this 2rid day of June, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City Of Fayetteville - Purchase Order (PO) Request (Nota PurchMa Order) All purchases under $2500 shall be used on a P-Card unless medlral or 1099 service related. (Cal x256 with questions) AH PO Request shaN be scanned to the Purchasing e-maik Purchasifi i.ie}sll9.avlNe.ar.qs Requisition No.: Date: Li12/2o09 P.0 Number: - Expected Delivery Date: 8/112010 Vendor #: 56970 Vendor Name: Swuotsur Construction Inc Mail Yes NO: Address: 590 West Poplar Fob Point: Taxable Yes:, Not quotes Attached Yes: NO: Clly: Fayetteville State: AR Zip Code: Ship td code: 72703 065 Division Head Approval: Requester: Ra M. Boudreaux Requester's Employee#: 2057 Extension: 644 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Projec(ISubpraject # Inventory 4 Fixed Asset it 1 2 3 4 5 6 7 0 9 10 Construct RW76 RSA Improvements 1 \ ea 44#44445#4 53,097,900.15 0650.3960.5314.00 07039 3 RES# 50.00 CONTRACT!! 50.00 3000 • 50.00 50.00 50.00 50.00 50.00 50.00 ShippingfHandling tot 50.00 .. special Instructions: Subtotal: Tax: Total: 53,017,900.15 53,017,906.15 Approvals: Mayor: Finance Dispatch fr Department Budget Manager: Utilities Manager: Director: Purchasing Manager: & internal Services Director. Manager: _ __ _ _ IT Manager: Other: Revised 1r2r20113 M£WEV MCLELL4ND CONSUMCEEligrLIATIANIE ENGINEERS, INC rDESIGNED TO SERVE1 P.O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 FAX 479-443-9241 June 1, 2009 Mr. Ray Boudreaux Airport Department City of Fayetteville 4500 S. School Ave., Suite F Fayetteville, AR 72701 Re: Drake Field Runway 16 Safety Area Improvements Fayetteville Municipal Airport, Dear Mr. Boudreaux: Bids were received on the above referenced project on Tuesday April 28, 2009, with six Contractors submitting a bid for this project. The Iow bidder for the Basis of Award for the Total Bid for Schedules I & II is Sweetser Construction, Inc., of Fayetteville, Arkansas, in the amount of $ $ 969,325.65.00 for the Base Bid Award for Total Bid Schedules! & 11. Sweetser Construction, Inc., also submitted the Iow bid for the complete project including all four Schedules in the amount of $ 3,017,900.15. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost was in the amount of $ 3,850,000.00. The Bid amount is below the estimated project construction cost. We recommend the City accept the low bid submitted by Sweetser Construction, Inc., for the Base Bid of Schedules I & 11 and for the Additional Schedules III & IV in the amount of $ $ 3,017,900.15. We have worked with Sweetser on numerous occasions and have had very good results with their construction. If there are any questions regarding the bids or this recommendation, please contact us. Sincerely, LLAND CO ayn= Jo, P.E. Vice Pr id - t ULTING ENGINEERS, INC. Enclosures: Bid Tabulation W'12OOBW82153-HWY71 RELOCATION TO DRAKE FELrnCORRESPONDEN EIRf1JRORPAiMAKOffis nnr wi Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/5/2009 City Council Meeting Date Agenda Items Only Aviation Division Action Required: Transportation Department A Resolution to award a construction Contract to . Receipt of Bid 09-034, 4/28/2009, 11:05 am; HWY 71 Relocation (Runway 16 RSA Improvement project). $ ESTIMATED 3,857,000.00 Cost of this request 5550.3960.7820.38 Account Number 07039 3 Project Number Budgeted Item 223,467.00 Category / Project Budget 197, 667.00 Correct Runway 16 RSA Program Category / Project Name Avi/ED Imp Funds Used to Date Program / Project Category Name 25,800.00 Airport Fund Remaining Balance Fund Name Budget Adjustment Attached d Departme„t+ff Director City Attorney Date 6-J 117l►7e j Da ck Fin.nce and Internal Services Director •def of a or -2.0- 2001 Date 414 Date Date 204-07 182-08 Previous Ordinance or Resolution # 227-08 Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: -Taal 7 4l4 oc ) //'fscA evised January 15, 2009 73 -As aye City Council Meeting of: May 5, 2009 Agenda Item Number: eAVIATION DIVISION ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: FROM: Ray M. Boudreaux, Aviation Director DATE: April 9, 2009 Terry Gulley, Transportation Director SUBJECT: Approve Award of a construction Contract to Improve Runway 16 Runway Safety Area (RSA). RECOMMENDATION: Approve Award of a contract to the lowest responsible bidder to complete construction of the Runway 16 RSA Improvement Project. Signatures of the Mayor and City Clerk requested. BACKGROUND: The Runway 16 RSA Improvement Project is finally ready to award. Over the last three years, beginning with the Master Plan Update, airport staff has been pursuing the funding and the completion of this project. The first step was to conduct a study of all aeronautical obstructions to the airport. The runway was connected to the GPS land system and new benchmarks were established. This project provided the accuracy necessary to plan the project designed to bring the north end RSA up to FAA standards. The second step was to study a realignment of the road outside the RSA and to conduct an Environmental Study to determine the impact of the project. We expect a Finding of No Significant Impact (FONSI) April 13, 2009. The last project was to design the project and to produce plans and specifications. The Project was advertised for bids April 10th and 12th and bids will be received April 28th The AIP grant paperwork will be sent to us over -night when we have the bid amount for the forms. All should be in the packet for the May 5th Council meeting. DISCUSSION: This project is essential to comply with FAA Regulations concerning standard Runway Safety Areas. The acceptable dimensions are 500 feet wide and 1000 feet long. Currently, the 16 RSA is asymmetrically shaped, shorter and impacted by the highway alignment. Not only does the highway reduce the effectiveness and safety of the RSA, traffic on the roadway is considered an obstacle and adversely affects the minimum 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • www.accessfayetteville.org/government/aviation airport_economic_development@ci.fayettevil€e.ar.us descent altitudes used by pilots during inclement weather conditions. Eliminating the highway and the associated obstacles will significantly improve the instrument approaches from the north. The Runway 16 RSA Improvement Project at Drake Field has received a high priority rating from the FAA. Attachments: Staff Review Draft Contract 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • www.accessfayetteville.orglgaverrmentlaviation airport_economiedevelopment@ci.fayetteville.ar.us RESOLUTION NO. A RESOLUTION AWARDING BID #09-34 AND APPROVING A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $969,325.65 FOR CONSTRUCTION OF THE RUNWAY 16 RUNWAY SAFETY AREA IMPROVEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #09-34 and approves a contract with Sweetser Construction, Inc. in the amount of $969,325.65 for construction of the Runway 16 Runway Safety Area Improvement Project, said approval being contingent upon receipt of federal and state grant funds. PASSED and APPROVED this 5th day of May, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CONTRACT THIS AGREEMENT, made and entered into on the day of 2009, by and between , herein called the Contractor, and the City of Fayetteville: WITNESSETH: That , for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That , shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: Drake Field Runway 16 Safety Area Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-038-2009 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 70 Sheets 2. That the City of Fayetteville hereby agrees to pay to for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of Dollars ($ ). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: City of Fayetteville and , recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial Ioss 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 , agree that as liquidated damages for delay (but not as a penalty) , shall pay City of Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY082153 Hwy. 71. Relocation Section 00500 - 1 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to , on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by , 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 , of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by , 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 , 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, 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 , 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, McClinton - Anchor, a Division of APAC 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. FY082153 Hwv 71 Relocation 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: WITNESSES: By Title ATTEST: CITY OF FAYETTEVILLE By City Clerk Lioneld Jordan, Mayor FY082153 Hwy. 71 Relocation Section 00500 - 3 / DESIGNED TO SERVE / MCE COPOuoi McCLELLAND CONSULTING ENGINEERS; INC. algatja 'e 1810 N. college Avenue el /" ? P.O. Box 1229 rn Fayetteville, Arkansas 72703 / 72702-1229 PHONE: 479-443-2377 FAX: 479-443-9241 April 28, 2009 Mr. Ray Boudreaux Airport Department City of Fayetteville 4500 S. School Ave., Suite F Fayetteville, AR 72701 Re: Drake Field Runway 16 Safety Area Improvements Fayetteville Municipal Airport, Dear Mr. Boudreaux: Bids were received on the above referenced project on Tuesday April 28, 2009, with six Contractors submitting a bid for this project. The low bidder for the Basis of Award for the Total Bid for Schedules I & II is Sweetser construction, Inc., of Fayetteville, Arkansas, in the amount of $ $ 969,325.65.00 for the Base Bid Award for Total Bid Schedules I & II. This work is for the earthwork and drainage structures and utility relocations comprising Phase I of the construction. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost is also attached and was in the amount of $ 1,150,000.00. The Bid amount is below the estimated project construction cost. We recommend the City accept the low bid submitted by Sweetser Construction, Inc., for the Base Bid in the amount of $ $ 969,325.65.00. We have worked with Sweetser on numerous occasions and have had very good results with their construction. If there are any questions regarding the bids or this recommendation, please contact us. Sincerely, LLAND CLTING ENGINEERS, INC. ay i J : es, P. Vice P nt Enclosures: Bid Tabulation W:12008L082153-HWY 71 DRAKELCORRESPONDENCEIBOURDREAUX-042809.DOC:wj o NN,..22m0 o a6 ''''51. ..... o0 p_ ww2 $ "w wwN.in w w um_ 82'7'' w w www Qvw ww wwm mn om 0 Sww APAC.McC)Inlol #0911 I Hw n $ te ww$ o w lip„ q wNY $_wwm mm 1901. 4 flF NwNoo 538,800.00 $30,600.001 $39,00 $10,140.00 R7.Ri s7i; nnn - mw$wwSV ww Hfl N 1148180410 Extended 4 N o w n w w q 'w wMwq w�!dw o N w w o p y y 024,049.00 04.25 w y 2 w a r: v ;;; Sa M tmpww HN relopment LLC 1183010310 1 Extended n w w w w w w my . w Di r�^ 2 O i M -w Iii - w w N ip; W - u o 560.975.00 If[ 529,250.00 510,887.50 $79.000.00 $217.000.00 I, 314,204.50 010.50000 51,375.00 848100 1I!!F o �w q - -VnJ 1 111111 rSweetser Construction, Inc. License 50027470410 unit price 1 Extended Iiiiiii 18.0011 552,00000 $1.55 520,150.00 $3.00 $12525.001 553,875.00 053.075.00 5167,238.00 5167,238.00 $7,500.90 57,500.00 81,750.00 521,000.00 014,500.00 514,500.00 530.00 $5,360 00 jl] $12.50 512,503.00 $225.00 _ 025553.00 517,200.00 017,20000 Iiiiii IIIIMEMENE SUB TOTAL SCHEDULE! E 0 MEWS 1 THROUGH 33)_ SCHEDULE II I , S • - ¢wa ii - G SCHEDULE) Mebdrsrtron end OemnblIEanan Tcpootl Removal (Poen ouemItr) ' 5 A m an Eno -ex. r Ern Tomporay Flo* [:ack Gam Ero5lon CGMfd Blanket w Iv.VSBWMYIpe Gushed Sono Trepoh 3e5Mil _I: 1 E M n I i u - - n 04.— mF- r 5 n n n n ��� ry n ri as ar n v Runway 18 3l341y pros lmpreumo505 Fa3.15v111e Honk/pal Airport RIP 114061. SD6-5020-030-2009 Rprn z& 212a NCE 5021.. 5175 07(50153 Imo* 2/66.231g an 2,q. 11110 6wNw C5419mon,705 Limns. 5000747111. 5(545,20. [ken Crowd. 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TOTAL45,01591.0. 11517 83.503.013-41 �-50�� yy 5-_:�J 0.,.01.0311 Jcla0t4i02mry,002110 W htA CONTRACT THIS AGREEMENT, made and entered into on the 16th day of June. 2009, by and between Sweetser Construction. Inc. herein called the Contractor, and the City of Fayetteville: WITNESSETH: That Sweetser Construction, Inc., for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That Sweetser Construction. 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: Drake Field Runway 16 Safety Area Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-038-2009 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings: - 71 Sheets 2. That the City of Fayetteville hereby agrees to pay to Sweetser Construction. Inc. for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications and Total Bid for Schedules I, II, III & IV, in lawful money of the United States, the amount of Three Million, Seventeen Thousand, Nine Hundred and 15/100 Dollars ($ 3,01.7,900.15). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 360 calendar days for Schedules I thorough IV, after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: City of Fayetteville and Sweetser Construction, 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 Sweetser Construction, Inc., agree that as liquidated damages for delay (but not as a penalty) Sweetser Construction, Inc., shall pay City of Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY082153 Hwy. 71 Relocation Section 00500 - 1 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to Sweetser Construction, Inc., on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by Sweetser Construction, 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 Sweetser Construction, Inc., of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by Sweetser Construction, 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 Sweetser Construction, 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, Sweetser Construction, 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 Sweetser Construction, 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, McClinton -Anchor, a Division of APAC 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. FY082153 Hwy. 71 Relocation 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: WITNE SES: ♦ y ATTEST: q9s%& City Clerk 9 AJTR \�` �Y '• sl • sip • p • „FAYETTEVILLE; - p. osy3p9RKANSP5�_`,� O 'i p p p• �, • P SWEETSER CONSTR TION, INC. By PRESIDENT Title CITY OF FAYETTEVILLE s By 9 Lionel axt, Mayor FY082153 Hwy. 71 Relocation Section 00500 -3 McCLELLAND 1810N. College Avenue P.O. sox 1229 CONSULTING TRANSMITTAL Fayetteville,AR 72703/72702-1229 479-443-2377 . FAX 479-443-9241 ENGINEERS, INC. www.mcclelland-engrs.com TO: City Clerk City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 WE ARE SENDING YOU: ❑ SHOP DRAWINGS ❑ PLANS ❑ COPY OF LETTER ❑ PRINTS ❑ PRODUCT SUBMITTALS ❑ SAMPLES COPIES DATE NO. DESCRIPTION 1 Complete Set of Contract Documents and Proj. Manual F'L&A5t L 11 CJ AND ADVI5b IF LNCLO5URE5 ARE NOT A5 L15TED. DATE: August 4, 2009 ATTENTION: Sondra Smith Project Number: FY082153 RE: Runway 16 Safety Area Improvements ❑ CD/DVD ❑ UNDER SEPARATE COVER VIA: ❑ CHANGE ORDER ® ATTACHED: CONTRACT DOCUMENTS O ❑ SPECIFICATIONS THESE ARE TRANSMITTED (AS CHECKED BELOW) ❑ FOR APPROVAL ❑ AS REQUESTED ❑ REVIEWED FOR GENERAL ❑ RESUBMIT COMPLIANCE COPIES FOR APPROVAL FOR YOUR USE ❑ FOR REVIEW AND ❑ REVIEWED FOR NOTED ❑ SUBMIT COMMENT COMMENTS COPIES FOR DISTRIBUTION ❑ FOR YOUR O ❑ RETURNED FOR ❑ RETURN INFORMATION CORRECTIONS CORRECTED PRINTS REMARKS: COPY TO: File BY: McCje tarTi Consulting Erig)lneers, Inc. Manager W120081082153- Hwy 71 Relocation to Drake Field\CorrespondencelSmith Ttransmittal 080409.doc • CONSTRUCTION SPECIFICATIONS FOR IMPROVEMENTS DRAKE FIELD RUNWAY 16 SAFETY AREA IMPROVEMENTS HWY 71 RELOCATION' TO FAYETTEVILLE MUNICIPAL. AIRPORT Drake Field FAYETTEVILLE, ARKANSAS BID NO. 09-34 AIP PROJECT NO. 3-05-0020-038-2009 FY082153 APRIL 200! ENGIIYLU(5, InW. No. 24 Prepared By:fl7E MCCLELLAND CONSULTING ENGINEERS, INC. McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377, Fax (479) 443-9241 I 1 1 HI 1 H:• 1 1 1 1 1 1 1 REVISED ADDENDUM NO. 2 Drake Field Runway 16 Safety Area Improvements City of Fayetteville Fayetteville, Arkansas Project No. FY082153 April 27, 2009 The Project Manual and the Drawings dated April 2009 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Bid Form. This Addendum consists of I pages. The Project Manual is amended as follows. Item No.1 Change the Quantity and Description for Bid item No. 22 of Schedule Ito 235 LF of 18 -inch Bored or Excavated Encasement (Sewer) Item No_2 Change the Quantity for Bid Item No. 27 of Schedule Ito 118 LF. Item No.3 Change the Quantity for Bid Item No. 29 of Schedule III to LF. Item No.4 Delete Bid Item No. 57 of Schedule Ill. McCLELLAND CONSULTING ENGINEERS, INC. R. Wayne Jones, P.E. Vice President FY082161 U of A Turf conversion Addendum No. 2- REVISED 1 I. I ADDENDUM NO. 1 Drake Field Runway 16 Safety Area Improvements City of Fayetteville Fayetteville, Arkansas Project No. FY082153 IApril 24 2009 The Project Manual and the Drawings dated April 2009 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Bid Form. This Addendum consists of 4L pages. 1 The Project Manual is amended as follows: Item No. 1 Delete the following from the TABLE OF CONTENTS: P-1 52, P-209, P-501, P- 605, P-610, P-620, D-701, D-705, D-751, T-901, T-904, T-905, T-908 and Soil Stabilization Fabric. Item No. 2 Revise Paragraph 16 AWARD OF CONTRACT of the INSTRUCTION TO BIDDERS -to -add the following sentence to the end of the paragraph: "The Owner may award the Bid Schedules III& IV for up to 150 Calendar Days." I Item No. 3 Revise Paragraph 17 BASIS OF AWARD of the INSTRUCTION TO BIDDERS to read " awarded, the Total of Bid Schedules I & II of ..." Item No. 4 Replace pages 1 through 21 of the PROPOSAL FORM Section 00300 shall be replaced with the attached Bid Form pages 1 through 22. t Item No. 5 Delete the Federal Wage Rate for the "HEAVY" consisting of three pages and replace with the attached Federal Wage Rate for the "Heavy Sewer and Water Line" consisting of four pages. I item No. 6 Delete the notation of "Apron Construction" from the table in Paragraph 70-13 on page 28 of the FAA GENERAL PROVISIONS. Item No. 7 Delete page 30 of FAA GENERAL PROVISIONS the and replace with the revised page 30 made part of this Addendum. I Item No. 8 Delete Section 110 of the FAA GENERAL PROVISIONS pages 53 through 59. Item No. 9 Delete the specification section titled "SOIL STABILIZATION FABRIC" Soil Stabilization Fabric shall be Type 8 per AHTD Section 625. I Item No. 10 Add Special Condition SC -1 for "Adjusting for Asphalt Pavement —Price" per attached two pages. Item No. 11 Add Special Condition SC -2 indication the primary specifications for this project, per the attached page. Item No. 12 Revise page 2 of FAA Specification Section P-156 per attached page. Item No. 13 Revise pages 2 & 3 of FAA specification Section F-1 62, per the attached two pages. 1 The Project Drawings are amended as follows: Item No. 1 Revise the height of the chain link fence on Sheets OT -1 and OT -4 from 7 ft. to 6 feet. The tension wire noted on the detail is not to be used and top rails are to be used. I Item No. 2 The 5 barrel box culvert at Sta. 33+00 shall be moved south 8 feet to allow for the relocated force main to be installed south of the electrical line. Item No. 3 Attached are the revisions to Sheets UT -1 & 2 to provide manhole elevations on I the sewer relocations. Item No. 4 Attached are the revisions to Sheets UT -1 & 2 to provide for the relocation of a fire hydrant and notes to abandon sewer manholes. FY082161 U of A Turf conversion Addendum No. 1 [1 ADDENDUM NO. 1 Drake Field Runway 16 Safety Area Improvements I City of Fayetteville Fayetteville, Arkansas Project No. FY082153 April 24, 2009 Item No. 5 Add permanent signs at Sta. 11+37 and Sta. 47+02. These signs shall be W1-5L&R, per Sheets SD -6 & 7. ' Item No. 6 Amend Note 7 on Sheet TS -1 to read " place two 2" lifts of ACHM Surface courses with the final lift at the completion of Hwy 71 relocation." Item No. 7 Add note to Sheet OT -2 to adjust manhole rim elevation at Sta. 42+10 to final 1 grade. Item No. 8 The driveways and Bailey Drive are to be lengthened to allow flatter slopes. The quantities in the Proposal have been increased. Item No. 9 The Typical Section on Sheet TS -1 for Lancaster Drive from Sta. 1+28 to Sta. I 8+87 is modified to indicate the curb, a 6 foot green space, a 5 -foot sidewalk, a two -foot safety area and then the 3 to 1 slope. Item No. 10 The Typical Section on Sheet TS -1 for Lancaster Drive from Sta. 8+87 to Sta. ' 15+20 is modified to indicate the a 4 foot shoulder on each side consisting of 2 -inches of ACHM Surface course. Item No. 11 The Typical Section on Sheet TS -1 for Hwy 71 Relocation shall be changed to indicate a 4 -inch ACHM Surface Course. I Item No. 12 Remove and relocate streetlights and bases along the relocated Lancaster Drive on Sheet OT -2 per the attached detail and at a spacing of approximately 150 feet. The conduit between lights shall be 1" PVC Sch. 40 with 2 #4 THWN copper with I #6 THWN copper ground conductors electrical wires. Use existing pole wiring. Make terminations using a compression type connector manufactured for a smaller gauge tap conductor. 1 McCLELLAND CONSULTING ENGINEERS, INC. R. Wayne Jones, P.E. Vice President I :ii I IFY082161 U of A Turf conversion Addendum No. 1 •1 IPROPOSAL ITO FAYETTEVILLE EXECUTIVE AIRPORT I DRAKE FIELD FAYETTEVILLE, ARKANSAS AIP 3-05-0020-038-2009 IProject No. FY082153 Dated: April , 2009 INOTE TO BIDDER: Please BLACK ink for Bid form. use completing this I To: City of Fayetteville Address: 113 W. Mountain 1 Fayetteville, Arkansas 72701 Project Title: Drake Field Runway 16 Safety Area Improvements, Highway 71 Relocation Engineer's ' Project No.: FY082153 Arkansas Contractor's Date: License No.: Bidder: IAddress: Bidder's person to contact for additional information on this Proposal: Name: Telephone: 1. BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 1 including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities ' with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. The Bidder further agrees that he has exercised his own judgment and has utilized all data which he I 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 I 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 1 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 IEnclosed herewith is a bid bond for dollars ($ ) which we agree the Owner may cash and retain as liquidated damages in the event of our failure to enter into contract for ' the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME I 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 180 calendar days for Schedules I and II, and an additional 180 calendar days for Schedules III I and IV, 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. FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 2 I ' 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 I costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. 7. ADDENDA The Bidder hereby acknowledges that he has received Addenda Nos. to these Specifications .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 I 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 I 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. PROPOSALSCHDULEI HIGHWAY 71 RELOCATION EARTHWORK & DRAINGE CULVERTS ITEM APPROX. Na QUANT. UNIT ITEM UNIT PRICE EXTENDED 1 1 LS Mobilization and Demobilization ($ ) ($ Dollars/LS Words 2 12,500 CY Topsoil Removal (Plan Quantity) ($ ) ($ Dollars/CY 1 I Ci Words 2,800 CY Unclassified Excavation (Plan Quantity) ($__J ($ Dollars/CY Words 4 4,400 CY Embankment (Plan Quantity) Dollars/CY 1 5 14,000 I ($ ) (S______) Words CY Select Borrow Embankment (Plan Quantity) ($ ) ($ FY082153 Hwy. 71 Relocation 1 Dollars/CY Words Addendum No. I Section 00300 - 3 I ITEM APPROX. NO. UQ ANT. UNIT ITEM UNIT PRICE EXTENDED I 6 2,800 CY Topsoil Replacement (Plan Quantity) (S ) (S___________ Dollars/CY ' Words 7 6,500 CY Undercut and Embankment Backfill (Field Measured) ($� ) ($ rDollars/CY Words 8 13,000 SY Soil Stabilization Fabric ($ ) ($ Dollars/SY Words 9 4,275 LF Silt Fence ($ ) ($_,__) Dollars/LF Words ' 10 2 EA Construction Entrances / Exit ($ ) ($ Dollars/EA ' Words 11 715 LF Temporary Rock Check Dam ($___) ($ I DoIlars/LF Words I 12 3,000 SY Erosion Control Blanket (S) (S_____ Dollars/SY I Words 13 1 EA Double 6' x 6Box Culvert (Complete) (Including Excavation & Backfill) ($_T ) ($ ' Dollars/BA Words 14 1 EA 5 Barrel 6' x 8' Box Culvert (Complete) (Including Excavation & Backfill) (S) ($ IDollars/EA Words 15 1 LS Maintenanced Driveways & Bailey Drive ($J (S Dollars/LS I Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-4 I. ITEM APPROX. Na U4 ANT. UNIT ITEM UNIT PRICE EXTENDED 16 12 AC Temporary Seeding, Fertilizer and I Mulching ($__) ($ Dollars/AC 1 Words 17 1 LS Trench & Excavation Safety System ($ ) ($__J 1 Dollars/LS Words ' 18 7 EA New Sanitary Sewer Manhole (S , ) (S____________ Dollars/EA Words I19 260 LF 8" SDR 26 PVC Sewer Pipe Dollars/LF I Words ' 20 550 LF 10" SDR 26 PVC Sewer Pipe ($ ) ($_ ) Dollars/LF Words 21 1,160 TN Crushed Stone Trench Backfill (Sanitary Sewer & Force Main) ($ ) (S____________ 1 Dollars/TN � Words 22 -446-. LF 16" Bored or Excavated Encasement (Sewer) ($________) ($� Doliars/LF I Words 23 1 LS Third Party Insurance Coverage (Rider 1 Amount) ($��) (S____________ Dollars/LS Words 24 1 LS 6" Water Line Relocation in Bailey Drive & Relocate Fire Hydrant to West End of ' Relocation ($ ) ($ ) DolIazs/LS ' Words I25 260 LF 12" C900 DR14 PVC Force Main ($ ) (S Dollars/LF 1 Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 5 1 ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 26 1,000 LBS Ductile Iron Fittings (Epoxy Coated) ($_____.,_.__) ($ Dollars/LB Words 27 LF 24" Bored or Excavated Encasement (Force Main) ($ ) ($ Dollars/LF Words 28 1 LS Connection of New 12" Force Main to Existing 12" Force Main ($ ) ($ Dollars/LS Words 29 800 LF Removal of 6 ft Chainlink Fence ($ ) ($ Dollars/LF Words 30 640 LF Relocate 6 ft Chainlink Fence with New Posts (S) ($ Dollars/LF Words 31 1 LS Relocate Sliding Gate and Double Gate ($ ) ($ Dollars/LS Words 32 1 EA Abandon Manhole ($ ) ($� Dollars/EA Words 33 1 EA Adjust Manhole Rim Elevation to Grade ($ ) ($ Dollars/EA Words SUB TOTAL SCHEDULE I BID (ITEMS 1 THROUGH 33) $ FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 6 PROPOSAL SCHDULE II LANCASTER ROAD RELOCATION EARTHWORK & CULVERTS IITEM APPROX. Na U4 ANT. UNIT ITEM UNIT PRICE EXTENDED I 1 LS Mobilization and Demobilization (Taxiway Extension) ($ ) ($ I Dollars/LS Words 2 3,500 CY Topsoil Removal (Plan Quantity) (S) ($ Dollars/CY I 800 CY Words 3 Unclassified Excavation (Plan Quantity) (SJ ($ Dollars/CY Words 4 1,400 CY Embankment from Excavation (Plan Quantity) ($ j (S____________ Dollars/CY 1 Words 5 3,300 CY Select Borrow Embankment (Plan Quantity) ($ j ($_ 1 Dollars/CY Words I 6 1,050 CY Topsoil Replacement (Plan Quantity) ($ ) ($ Dollars/CY Words ' 7 2,000 CY Undercut and Embankment Backfill (Field Measured) ($��) ($ I _ _ Dollars/CY Words 8 5,500 SY Soil Stabilization Fabric ($_) ($ IDollars/SY Words ' 9 2,545 LF Silt Fence ($) (S_____________ Dollars/LF Words 10 975 LF Temporary Rock Check Dams ($) ($ ) DoIlars/LF FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 7 Words ITEM APPROX. NO. UO ANT. UNIT ITEM UNIT PRICE EXTENDED 11 i EA Construction Entrance / Exit ($_________) ($ Dollars/EA Words 12 1,900 SY Erosion Control Blanket ($ ) (S____________ Dollars/SY Words 13 750 LF Removal of 6 ft Chainlink Fence Dollars/LF Words 14 815 LF Relocate 6 ft Chainlink Fence with New Posts ($ ) ($ Dollars/LF Words I5 1 LS Relocate Double Gate ($ ) ($ Dollars/LS Words 16 1 EA 5 Barrel 6' x 8' Box Culvert (Complete) ($ ) ($_ Dollars/EA Words 17 5 AC Temporary Seeding, Fertilizer and Mulching ($ ) ($ Dollars/AC Words 18 1 LS Trench & Excavation Safety System ($) ($ Dollars/LS Words SUB TOTAL SCHEDULE II BID (ITEMS 1 THROUGH 18) $ FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 8 PROPOSAL SCHDULE III HWY. 71 RELOCATION CURB & GUTTER, BASE, PAVING & STORM DRAINAGE I ITEM APPROX. NO. UQUANT. UNIT ITEM UNIT PRICE EXTENDED I I LS Mobilization and Demobilization (S_ _j ($ Dollars/LS Words 2 1 LS Maintenance of Traffice ($ ) ($ Dollars/LS 1 Words I 500 CY Topsoil Removal (Plan Quantity) ($ ) ($ Dollars/CY Words 4 100 CY Unclassified Excavation (Plan Quantity) ($_) ($ Dollars/CY Words 5 200 CY Embankment (Plan Quantity) ($ ) ($ I Dollars/CY Words 6 800 CY Select Borrow Embankment (Plan Quantity) ($ ) ($ Dollars/CY I Words 7 450 CY Topsoil Replacement (Plan Quantity) (S ) ($ _ ) 1 Dollars/CY Words 8 2,200 CY Undercut and Embankment Backfill (Field Measured) ($) ($ Dollars/CY I Words 9 2,800 SY Soil Stabilization Fabric ($ ) ($ 1 Dollars/SY Words 10 4,275 LF Silt Fence (Maintenance) ($' ) ($• Dollars/LP Words 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM APPROX. NQ QUANT. UNIT ITEM UNIT PRICE EXTENDED 11 1 EA Construction Entrance / Exit ($ ) ($ Dollars/EA Words 12 1 LS Temporary Rock Check Dams Maintenance ($ ) ($ Dollars/LS Words 13 800 SY Erosion Control Blanket ($ ) ($ Dollars/SY Words 14 680 LF Block and Aggregate Filters (S ) ($ Dollars/LF Words 15 16 EA Curb Inlet Sediment Barrier ($ ($ Dollars/EA Words 16 15,000 TN Aggregate Base Course (Class 7) ($) ($ Dollars/TN Words I7 5,000 TN 4" Asphalt Binder (1") PG 70-22 ($ ) ($ Dollars/TN Words 18 5,000 TN 4" Asphalt Surface (1/2") PG 70-22 (Placed in Two Lifts) ($ ) (g ) Dollars/TN Words 19 6,120 LF Concrete Curb & Gutter (Type A) ($ ) ($ Dollars/LF Words 20 328 LF Concrete Curb & Gutter (Type E-1) ($_ ) ($ Dollars/LF Words 21 3,460 SY Concrete Sidewalk (S_ ) ($ Dollars/SY Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 10 ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 22 65 SY HC Ramps AHTD, Type III ($ ) ($ _ Dollars/SY Words 23 65 SY PCC Driveways ($ ) ($ Dollars/SY Words 24 240 TN Asphalt Surface Course for Driveways ($ ) ($__J Dollars/TN Words 25 450 TN Aggregate Base for Driveways ($ ) ($ _ ) Dollars/TN Words 26 1,632 LF 18" RCP, Class III, Wall B ($ ) ($ Dollars/LF Words 27 55 LF 24" RCP, Class III, Wall B ($) ($ Dollars/LF Words 28 226 LF 36" RCP, Class III, Wall B ($ ) ($ Dollars/LF Words 29 535 AC 42" RCP, Class III, Wall B (5 ) ($ _ } Dollars/AC Words 30 390 LF 48" RCP, Class III, Wall B ($ ) (5 Dollars/LF Words 31 4 EA 18" RCP, Flared End Section ($ ) ($___________ Dollars/EA Words 32 2 EA 36" RCP, Flared End Section ($__) ($ Dollars/EA Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 11 ITEM APPROX. I I±Q QUANT. UNIT ITEM UNIT PRICE EXTENDED 33 19 EA Drop Inlet (Type C) ($) ($ 1 Dollars/EA Words 1 34 7 EA 4' Drop Inlet Extension ($ ) ($ Dollars/EA I35 2 EA Words 8' Drop Inlet Extension ($_________) ($ Dollars/EA Words 36 3 EA Modification to Existing Drop Inlets ($ Dollars/EA Words 37 2 EA Junction Box (Type ST) Dollars/EA Words 38 1,650 LF 4" Thermoplastic Striping White I($) ($ Dollars/LF Words I 39 1,650 LF 4" Thermoplastic Striping Yellow Dollars/LF Words 40 6,500 LF 4" Thermoplastic Striping Solid Yellow U) (S_____ Dollars/LF Words 41 161 EA Clear Plowable Pavement Markers (S) ($ Dollars/EA Words 42 161 EA Yellow Plowable Pavement Markers 1($) ($ DollarsfEA 1 43 Words 48 LF 12" Thermoplastic Stop Bars (White) (S) ($ Dollars/LF Words 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 12 I ITEM APPROX. • NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 44 3 EA Thermoplastic Crosswalk (White) • Dollars/EA Words 45 1 LS Trench & Excavation Safety System ($ ) ($J Dollars/LS Words 46 15,300 SY Removal of Asphalt Pavement (Existing IHwy 71) ($______ ($_______) Dollars/SY 1 Words 47 5,500 LF Removal of Concrete Curb & Gutter (Hwy 71) ($ ) ($ Dollars/LF Words 1 48 10 EA Removal of Drop Inlets (Hwy 71) ($ ) ($ _ ) Dollars/EA I Words 49 1,800 LF Removal of Storm Drainage Pipe (Hwy 71) ($—�J Dollars/LF Words 50 1 LS Removal of Double 6' x 8' Box Culvert & Regrade Channel Area ($ ) ($ Dollars/LS Words 51 6,800 SY Removal of Concrete Pavement (Existing 1 Hwy. 71) ($j ($ Dollars/SY 1 Words 52 1,500 CY Regrade of Hwy. 71 (Plan Quantity) ($ (5 Dollars/CY Words 53 1,000 SY Solid Sodding ($ ) ($ Dollars/SY Words I FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 13 ITEM APPROX. Na QUANT. UNIT ITEM UNIT PRICE EXTENDED 54 20 AC Seeding, Fertilizer & Mulch ($) ($____________} Dollars/AC Words 55 500 LF Removal of 6 ft Airport Chain Link Fence ($ j ($ Dollars/LF Words 56 1,700 LF New 6 ft AirportSecurity Chain Link Fence with Barbed Wire (S J ($ _ } Dollars/LF Words 57 1 LS Trench & Exvacation Safety System (S , (5 Dollars/LS Words 58 800 SY Asphalt Milling At Connections ($ } ($ Dollars/SY Words 59 750 SY Asphalt Removal Within Super Elevation Sections, As Required ($�� ) (S Dollars/SY Words 60 5,600 GAL Prime Coat Dollars/GAL Words 61 3,500 GAL Tack Coat Dollars/GAL Words 62 1 EA Relocate Fire Hydrant Dollars/EA Words 63 2 EA Traffic Signs (Wl-5) FY082153 Hwy. 71 Relocation Dollars/EA Words SUB TOTAL SCHEDULE III BID (ITEMS 1 THROUGH 63) $ Addendum No. 1 Section 00300-14 r-I.J1LY�lLT ylilH*VA LANCASTER DRIVE CURB & GUTTER. BASE. PAVING AND STORM DRAINAGE ITEM APPROX. UNIT NO. QUANT. UNIT ITEM PRICE EXTENDED 1 1 LS Mobilization and Demobilization ($ ) ($ _ ) Dollars/LS Words 2 220 CY Topsoil Removal (Plan Quantity) ($ j ($ Dollars/CY Words 3 150 CY Unclassified Excavation (Plan Quantity) ($ ) (S____________ Dollars/CY Words 4 100 CY Embankment (Plan Quantity) (Si ($_ Dollars/CY Words 5 350 CY Select Borrow Embankment (Plan Quantity) ($J ($ Dollars/CY Words 6 650 CY Topsoil Replacement (Plan Quantity) ($_) ($ - Dollars/CY Words 7 1,000 CY Undercut and Embankment Backfill (Field Measured) (S) ($_ Dollars/CY Words 8 1,200 SY Soil Stabilization Fabric (S) ($ _ ) Dollars/SY Words 9 550 LF Silt Fence Dollars/LF Words 10 1,900 TN Aggregate Base Course (Class 7) ($ ) ($ ) Dollars/TN Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-15 L.J ITEM APPROX. UNIT 1 NO. QUANT. UNIT ITEM PRICE EXTENDED 11 880 TN 4" Asphalt Binder (1") PG 70-22 ($ ) (S Dollars/TN 1 Words 12 500 TN 2" Asphalt Surface (1/2") PG 70-22 ($^) (S Dollars/TN Words 13 1,470 LF Concrete Curb & Gutter (Type A) ($__) ($ Dollars/LF Words • 14 810 SY Concrete Sidewalk ($ ) ($ Dollars/SY Words 15 16 SY HC Ramps AHTD, Type III ($ J ($ Dollars/SY Words 16 185 LF 18" RCP, Class III, Wall B ($ ) ($____________) Dollars/LF ' Words 17 65 LF 36" RCP, Class III, Wall B ($ ) ($� I DollarslLF Words ' 18 2 EA 36" RCP, Flared End Section ($ ) ($ Dollars/EA I EA Words Drop Inlet C) 19 4 (Type ($) ($ Dollars/EA '• Words 20 1,000 SY Solid Sodding ($ ) (S ) Dollars/SY 21 12 AC Words Seeding, Fertilizer & Mulch ($___ , ($ Dollars/AC I Words 1 FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 16 ITEM APPROX. ITEM UNIT Na QUANT. UNIT PRICE EXTENDED 22 1 LS Channel Realignment ($_______`) ($ Dollars/LS Words 23 2,545 LF Silt Fence Maintenance ($ ) (S____________ Dollars/LF Words 24 1 EA Construction Entrance / Exit I (S_ ) Dollars/EA Words 25 60 LF Block Aggregate Filter Dollars/LF Words 26 4 EA Curb Inlet Sediment Barrier Dollars/EA I Words Rock Check Dam 27 1,555 LF Temporary ($��) (S_______________) I Dollars/LF Words 28 5,500 SY Erosion Control Blanket Dollars/SY Words 29 1 LS Trench & Excavation Safety System ($ ) ($ Dollars/LS I Words 30 550 LF Remove Existing 6 ft Chain Link Fence ($_ ($ Dollars/LF Words 31 950 LF New 6 ft Chain Link Fence with Barbed Wire ($_ ) ($ I Dollars/LF Words I I FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 17 ITEM APPROX. UNIT NO. QUANT. UNIT ITEM PRICE EXTENDED 32 1 EA Double Leaf Gate 12 ft ($ ) ($_ ) Dollars/EA Words 33 1 LS Removal of Asphalt Pavement & Base (3020 SY) ($ ) (S____ Dollars/LS Words 34 150 SY Asphalt Milling (S ) ($�`� Dollars/SY Words 35 1,050 GAL Prime Coat ($ ) ($ ) Dollars/GAL Words _ 36 650 GAL Tack Coat ($_) ($ Dollars/GAL Words 37 7 EA Remove and Relocate Streetlights and Bases ($_) ($ Dollars/EA Words SUB TOTAL SCHEDULE IV BID (ITEMS 1 THROUGH 37) $ BASIS OF AWARD TOTAL BID SCHEDULES I & II $ TOTAL BID SCHEDULES I, H & III $ TOTAL BID SCHEDULES I, II, III & IV $ The Bidder shall attach to this Proposal a copy of his General Liabilities Insurance Coverages in accordance with the requirements stated on page 7 of the Special Provisions. ii. 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. FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 18 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: 1 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured products produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. ,. _ 3. Cost of Components.. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen, and suppliers in the performance of this contract, except those - (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality. (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 1 (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The bidder shall complete the following statement by checking the appropriate space. The bidder has has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. The bidder has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontractors. If the bidder has participated in a previous contract subject to the equal opportunity clause and has ' not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO -1 " prior to the award of contract. 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 19 I • Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G Street Washington, DC 20506 The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It • further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontractors. Where the bidder/offeror/contractor/or any lower tier participant is unable to certify to this statement, it shall • attach an explanation to this solicitation/proposal. Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies I 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. rUnless 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 I 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 I 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 I the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. fl IFY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-20 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. 1 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 12. EXPERIENCE OF BIDDER 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.) _I 1 13. SURETY I If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be whose address is I Street City State Zip Code 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. 15. BIDDER The name of the Bidder submitting this Bid is doing business at 1 Street City State Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-21 I I I I The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: 16. BASIS OF AWARD The Contract hereunder will be awarded to the Bidder with the lowest Total Base Bid. In case identical bids are received, the Owner will interview representatives of the competing firms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. Dated at Fayetteville, Arkansas, this ` day of April, 2009. (SEAL, IF CORPORATION) Respectfully submitted, Name Business Address by ITitle 1 The Bidder shall complete the following information for that portion of the work proposed to be completed by subcontractors on the following page. SUB- TYPE OF DBE ARKANSAS 1 CONTRACTOR ADDRESS WORK AMOUNT YES/NO LICENSE NO. I I I t I FY082153 Hwy. 71 Relocation Addendum No. 1 r Section 00300 - 22 I I CONTRACT 1 THIS AGREEMENT, made and entered into on the day of 2009, by and between , herein called the Contractor, and the City of Fayetteville: WITNESSETH: That for the consideration hereinafter fully set out, hereby agrees with the �' • City of Fayetteville as follows: I. That _ , shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, Iwhich are attached hereto and made a part hereof, as if fully contained herein and are entitled: Drake Field Runway 16 Safety Area Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-038-2009 Advertisement for Bids Payment Bond I Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications ' Drawings — 71 Sheets 2. That the City of Fayetteville hereby agrees to pay to 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 Dollars ($ ). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 180 calendar days for Schedules I and 11, and an additional 180 calendar days for Schedules III and IV, after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: City of Fayetteville and ,recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the 1 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 agree that as liquidated damages for delay (but not as a I penalty) , shall pay City of Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 1 IFY082153 Hwy. 71 Relocation Addendum No. 1 Section 00500 - 1 I L I I I I I I I I I I [I I I I That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to , on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by , 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 , of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by , 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 , 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-performanceand 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, 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 , 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. S. 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, McClinton -Anchor, a Division of APAC 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. ' FY0S2153 Hwy. 71 Relocation Addendum No. 1 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: 1 WITNESSES: ATTEST: City Clerk By Title CITY OF FAYETTEVILLE I0 Lioneld Jordan, Mayor FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00500 - 3 I I I I I I I I I I I I I I I I I GENERAL DECISION: AR20080044 02/13/2009 AR44 Date: February 13, 2009 General Decision Number: AR20080044 02/13/2009 Superseded General Decision Number: AR20070044 State: Arkansas Construction Type: Heavy Sewer and Water Line Counties: Arkansas, Ashley, Baxter, Benton, Boone, Bradley, Calhoun, Carroll, Chicot, Clark, Clay, Cleburne, Cleveland, Columbia, Conway, Craighead, Crawford, Crittenden, Cross, Dallas, Desha, Drew, Franklin, Fulton, Garland, Grant, Greene, Hempstead, Hot Spring, Howard, Independence, Izard, Jackson, Lafayette, Lawrence, Lee, Lincoln, Little River, Logan, Madison, Marion, Miller, Mississippi, Monroe, Montgomery, Nevada, Newton, Ouachita, Perry, Phillips, Pike, Poinsett, Polk, Pope, Prairie, Randolph, Scott, Searcy, Sebastian, Sevier, Sharp, St Francis, Stone, Union, Van Buren, Washington, White, Woodruff and Yell Counties in Arkansas. SEWER AND WATER LINE CONSTRUCTION PROJECTS ONLY Modification Number 0 1 2 3 Publication Date 02/08/2008 07/25/2008 01/02/2009 02/13/2009 SUAR1990-004 01/19/1990 BRICKLAYER .......................$ CARPENTER ........................$ Concrete Finisher ................$ ELECTRICIAN ......................$ IRONWORKER, REINFORCING..........$ IRONWORKER, STRUCTURAL ...........$ Laborers: Air tool ....................$ Asphalt heater ..............$ Asphalt raker ...............$ Chain saw ...................$ Checker grader ..............$ Concrete joint sealer $ Concrete saw ................$ Rates 7.20 7.20 7.20 8.75 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.55 Fringes ' FY082153 Hwy 71 Relocation Addendum No. 1 1 I L' I I I I I I I I I I I I I I I L Formsetter. ..................$ General .....................$ Pipelayer...................$ Powderman...................$ Vibratorman.................$ MASON - STONE ....................$ PAINTER ..........................$ Pile Driver Leadmen..............$ Power equipment operators: Aggregate spreader ..........$ Asphalt plant fireman .......$ Asphalt plantdriver .........$ Backhoe, rubber tired 1 yard or less ................$ Batch plant .................$ Bull Float ..................$ Bulldozer, Finish ...........$ Bulldozer, Rough.............$ Cherry picker ...............$ Concrete curing machine.....$ Concrete mixer, 5 sacks & over .......... ........$ Concrete mixer, less than 6.55 6.55 6.55 6.55 6.55 7.20 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.90 6.55 6.55 6.55 6.55 sacks .............$ 6.55 Concrete paver ..............$ 6.70 Concrete spreader ...........$ 6.70 Crane, derrick, dragline, shovel & backhoe 1-1/2 yards or less ... .....$ 6.70 Crane, derrick, dragline, shovel & backhoe over 1-1/2 yards.... ..$ 7.20 Crusher .....................$ 6.55 Distributor .................$ 6.55 Drill, wagon or truck.......$ 6.55 Elevating grader ............$ 6.70 Euclid or like equipment, bottom or end dump... .$ 6.55 Finishing machine ...........$ 6.55 Flagger.....................$ 6.55 Forklift ....................$ 6.55 Form grader .................$ 6.55 Front end loader, Finish....$ 6.70 Front end loader, Rough .....$ 6.55 Hydro seeder ................$ 6.55 Mechanic ....................$ 6.90 Motor patrol, Finish ........$ 6.90 Motor patrol, Rough .........$ 6.55 Mulching machine ............$ 6.55 Oiler & greaser .............$ 6.55 1 FY082153 Hwy 71 Relocation Addendum No. 1 2 L] Piledriver ..................$ 6.55 ' Power broom.;.::::;;.;;:;;'$ Pug mill 6.55 $ 6.55 Roller, self propelled......$ 6.55 Scraper, Finish .............$ Scraper, Rough. .$ 6.90 6.55 Sod slicing machine .........$ 6.55 Stabilizer mixing machine.. .$ Tractor, crawler type .......$ 6.55 6.55 Tractor, farm & sheel .......$ 6.55 Tractor, wheel type with attachment 1 yd. or under ..$ 6.55 Trenching machine ...........$ 6.55 Truck drivers: Distributor. •... .$ 6.55 Heavy -maximum pay load in excess of 3,000 lbs. Light -maximum pay load $ 6.55 3,000 lbs...................$ 6.55 I Lowboy ........$ Semi -trailer ................$ 6.55 6.55 Transit mix .................$ 6.55 I 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 (29 CFR 1 5.5(a) (1) (ii) ) . In the listing above, the "SU" 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. I WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in he matter? This can be: * an existing published wage determination * a survey underlying a wage determination I * a Wage and Hour Division letter setting forth a position on a wage determination matter FY082153 Hwy 71 Relocation Addendum No. 1 3 I * a conformance (additional classification and rate) ruling I I I 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: tBranch 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: I 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. 1 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 I U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FY082153 Hwy 71 Relocation Addendum No. 1 4 I Utility Service Person to Contact Owner's Emergency or Facility ame Title Address, Phone Contact Phone Taxiway & Runway Mr. Ray Boudreaux 1-479-718-7642 Fayetteville, AR MALS (Approach Lights) VASI Control Cable FAA Airway Facilities 1-479-442-5221 REIL Lights & Cable Maintenance, Fayetteville, AR 1-479-649-2410 I Electricity SWEPCO 1-479-521-3000 Telephone AT&T 1-888-294-8433 Contel 1-800-482-8998 • Gas Ark. Western Gas Co. 1-479-521-5330 • Water Water Department City of Fayetteville 1-479-521-1250 All Utilities Arkansas One Call 1-800-482-8998 It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be "shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. t 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 I 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. FY082153 Hwy. 71 Relocation Addendum No 1 General Provisions -30 1' I SPECIAL CONDITION SC -1 n I I ADJUSTMENT FOR ASPHALT PAVEMENT - PRICE DESCRIPTION: This Special Provision covers the price adjustment for the items considered asphalt pavement, paid for by the wet ton. Other items will not be adjusted, except as otherwise specified in the bid proposal. The bid items in the contract covering asphalt pavement shall remain the same, but the payment to the contractor for these items will be adjusted to compensate for increases and decreases in the contractor's asphalt material in the following manner: IA "Bid Index" has been established by the City of Fayetteville this project bids. The Bid Index" is derived from the data provided by Poten's Asphalt Weekly Monitor® for the Southern Arkansas and Tulsa, Oklahoma regions. The "Bid Index" will be established at the beginning of the month using- the first published, report provided by Poten & Partners, Inc in the month in which the project is bid. The average selling price for each region will be calculated. The index number will be determined by calculating the average of these two midpoints. The price index associated with the performance grade asphalt binder of PG64-22 will be applied to all pavements, regardless of specified binder grade. IThe "Monthly Index", for April 2009 at $377.50 is used to establish the first published report for the month in which the asphalt is placed utilizing the same source and calculation method. The ' "Price Adjustment" will be the difference (+/-) between the "Bid Index" and the "Monthly Index" applied to the actual quantity of asphalt pavement placed and the percent of asphalt binder used in the mix. METHOD OF MEASUREMENT: I The "Price Adjustment" shall be applied to plant mix bituminous pavement items, which are measured and paid for by the wet ton of mix. This includes the Specification Sections 403, for Asphalt Concrete Hot Mix Surface Course and Asphalt Concrete Hot Mix Binder; The bid items Ifor Prime and Tack Coat will not be adjusted. The Engineer reserves the right to alter the quantities of material or modify the design if the change in prices warrants material or design substitution. The price adjustment for asphalt pavement will be applied to the actual amount of asphalt binder I used by the Contractor for the asphalt pavement bid items listed previously. This adjustment will be based upon the percentage of virgin asphalt binder, as shown in the approved job mix formula for the asphalt that has been placed during the monthly index period. The effective asphalt obtained from the use of recycled asphalt pavement (RAP) will not be eligible for adjustment. I IFY082153 Hwy 71 Relocation Addendum No I SP- 01 1 I To determine the price adjustment for any asphalt material specified in this provision, the p I following formula will be used. PA = Q x C x (D -E) Where, ' PA = Price adjustment Q = Tons of asphalt mix placed during the month C = Percent (%) of virgin asphalt binder (per AHTD Specification) as listed in the job I mix formula in use E = Bid Index (Index at time of bid letting) D = Monthly Index (Index at time of placement) BASIS OF MEASUREMENT: ' The price adjustment for the asphalt items of work as provided above will be paid for by the lump sum price adjustment on the partial payment for the month in which the work occurred. The lump sum price adjustment shall be added to (or deducted from) the application for partial payment. The Contractor will not be given the option of accepting or rejecting this adjustment. Pay Item Pay Unit Price Adjustment for ACHM Surface Course Adjustable Lump Sum Price Adjustment for ACHM Binder Course Adjustable Lump Sum 1 END OF SECTION I I I H ' FY082153 Hwy 71 Relocation Addendum No 1 SP- 01 2 I I SPECIAL CONDITION SC -2 I I I I I I I STANDARD SPECIFICATIONS FOR PROJECT DESCRIPTION: This Special Provision covers the Specifications to be used for this project. The specification to be used for the project shall be the "Standard Specifications for HIGHWAY CONSTRUCTION", 2003 EDITION as published by the Arkansas Highway and Transportation Department. The exception to these specifications shall be the two FAA specifications sections P-156 and F-162, which shall apply to the specific work of those specifications. METHOD OF MEASUREMENT: The method of measurement for the bid items shall be according to the units and criteria of the Proposal and not as indicated in the Standard Specifications. The- Owner and/or Engineer reserves the right to alter the quantities of material or to modify the design if the change in cost warrants material or design substitution. BASIS OF MEASUREMENT: Payment for the items of work will be made at the contract unit price for each items. These prices shall be full compensation for furnishing all material, for all preparation, installation, and all labor, equipment, tools and incidentals necessary to complete each item I END OF SECTION I I 7 I I IFY082153 Hwy 71 Relocation Addendum No 1 SP- 01 1 BASIS OF PAYMENT 156-5.1 Payment for temporary erosion and pollution control work will be made at the contract unit price for the erosion control items. These prices shall be full compensation for furnishing all material, for all preparation, excavation, installation, and all labor, equipment, tools and incidentals necessary to complete this item. ' END OF ITEM P-156 FY082153 Hwy. 71 Relocation Addendum No. I Section P-156-5 I I CONSTRUCTION METHODS 162-3.1 CLEARING FENCE LINE. All trees, brush, stumps, logs, and other debris which would interfere with the proper construction of the fence in the required location shall be removed a minimum width of 2 feet on each side of the fence centerline before starting fencing operations. The cost of removing and disposing of the material shall not constitute a pay item and shall be considered incidental to fence construction. 162-3.2 INSTALLING POSTS. All posts shall be set in concrete at the required dimension and depth and at the spacing shown on the plans. Posts shall e spaced not more than 10 feet apart and shall be set a minimum of 36 inches in concrete footings. The posts holes shall be in proper alignment so that there is a minimum of 3 inches of concrete on all sides of the posts. The concrete shall be thoroughly compacted around the posts by tamping or vibrating and shall have a smooth finish slightly higher than the ground and sloped to drain away from the posts. All posts shall be set plumb and to the required ' grade and alignment. No materials shall be installed on the posts, nor shall the posts be disturbed in any manner within 7 days after the individual post footing is completed. Should rock be encountered at a depth less than the planned footing depth, a hole 2 inches (50 mm) larger than the greatest dimension of the posts shall be drilled to a depth of 12 inches (300 mm). After the posts are set, the remainder of the drilled hole shall be filled with grout, composed of one part Portland cement and two parts mortar sand. Any remaining space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be made for rock excavation. 162-3.3 INSTALLING TOP RAILS. The top rail shall be continuous and shall pass through the post tops. The coupling used to join the top rail lengths shalt allow for expansion. ' 162-3.4 INSTALLING BRACES. Horizontal brace rails, with diagonal truss rods and turnbuckles, shall be installed at all terminal posts. I 162-3.5 INSTALLING FABRIC. The wire fabric shall be firmly attached to the posts and braced in the manner shown on the plans. All wire shall be stretched taut and shall be installed to the required elevations. The fence shall generally follow the contour of the ground, with the bottom of the fence fabric no less than 1 inch or more than 4 inches from the Iground surface. Grading shall be performed where necessary to provide a neat appearance. At locations of small natural swales or drainage ditches and where it is not practical to have the fence conform to the general contour of the ground surface, longer posts may be used and multiple strands of barbed wire stretched thereon to span the opening below the fence. The vertical clearance between strands of barbed wire shall be 6 inches or less. Openings below the fence may also be spanned with barbed wire fastened to stakes. METHOD OF MEASUREMENT I 162-4.1 FENCES. Chain -link fence will be measured for payment by the linear foot. Measurement will be along the top of the fence from center to center of end posts. I IFY082153 Hwy. 71 Relocation Addendum No. I Section F-162 -2 I I C I I I I 1 I I ri I I I I BASIS OF PAYMENT Payment for chain -link fence will be made under 6 ft. Chain Link Fence, at the contract unit price per linear foot. The price shall be full compensation for famishing all materials, and for all preparation, erection, and installation of these materials, and for all labor equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item F-162 ASTM A-121 ASTM A-123 ASTM A-153 ASTM A-392 ASTM A-446 ASTM A-569 ASTM A-570 ASTM A-824 ASTM B-117 ASTM F-1083 Fed. Spec. RR -F-191/3 Fed. Spec. RR -F-191/4 6' Chain -Link Fence with barbed wire— per linear foot MATERIAL REQUIREMENTS Zinc -Coated (Galvanized) Steel Barbed Wire Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip Zinc Coating (Hot -Dip) on Iron and Steel Hardware Zinc -Coated Steel Chain -Link Fence Fabric Specification for Steel Sheet, Zinc -Coated (Galvanized) by the Hot -Dip Process, Structural (Physical) Quality Steel, Carbon (015 Maximum, Percent), Hot Rolled Sheet and Strip Commercial Quality Hot -Rolled Carbon Steel Sheet and Strip Structural Quality Metallic -Coated Steel Marcelled Tension Wire for Use with Chain Link Fence Standard Test Method of Salt Spray (Fog) Testing Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) Welded, for Fence Structures Fencing, Wire and Post, Metal (Chain -Link Fence Posts, Top Rails, and Braces) Fencing, Wire and Post, Metal (Chain -Link Fence Accessories) END OF ITEM F-162 1 FY082153 Hwy. 71 Relocation Addendum No. Section F-162 - 3 I t 1 1 I Q n a �: brae b>I V~ � >_� Ir ofr �• I 1 r I ' 1 f I 1 a w f v v) j11. f w � � I it 1 ' LLJ , M J ~W Z ' r' �a wo I L O'd In W t U `/ pJ Q I ! 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POLE -TO -POLE PLATE WELD .• SHALL COMPLY WITH AWS SPECS: AT TOP .& BOTTC BASE PLATE BOL LIGHT FIXTURE 0 (SEE -SITE PLAN ORIENTATION TO STEEL TAPERED POLE PER SPECIFICATIONS. POLE SHALL BE MADE PLUMB WITH LEVELING- NUTS. _ BOLT COVERS -REQUIRED.--. BASE PLATE PER SPECIFICATIONS. CONDUIT AS REQUIRED (3/4' MIN.) GRADE MIN. INSTALLATION. IN CONCRETE REQU;RI CONTINUOUS 1/2' EXPANSION JOIN MATERIAL All AROUND. SEAL WITH HOT TAR. 6Q DEG. APART ( ICAL) SECTION AA HAND HOLE WITH COVER 1'-6' FROM - fl BASE OF .POLE. 4" x 6MINIMUM. CONNECT ALL EQUIPMENT GROUND CONDUCTORS TO .GROUNDING LUG IN POLE. BREAKAWAY BASE NONSHRINK GROUT 1 1/4' MIN. I THICKNESS WITH SIDF. SLOPED ATT 45NDEG. S INSTALL 1/4 WEEP TO BE NEAR BASE.. 1 TYP. U JT 2'-IY' DIA. ANCHOR BOLTS, SIZE AS PER: SPECIFICATIONS. 6=#5 BARS EQ.SPACED 6-#3 x 18". DIA. STIRRUPS WITH. 1'-6" LAP (TYPICAL) VERTICAL & HORIZONTAL BARS SHALL BE FIELD TIED. WELDING. NOT PERMITTED. NOTES: ,A. 3800 PSI MIN. 28 DAY COMPRESSIVE' STRENGTH CONC. WITH GRADE 60 RE -BARS. 'B. IF WATER IS PRESENT IN HOLE, REMOVE BEFORE POURING CONCRETE C. EXPOSED CONCRETE AND GROUT SHALL BE- PAINTED TRAFFIC YELLOW. 0. FOUNDATION EXCAVATION SHALL BE BY 24' AUGER IN UNDISTURBED SOIL E. DETAIL FOR 25' POLE W/MAX. FIXTURE EPA 4.6 SQ. FT. LIGHT POLE FO.UNDATIOft Addendum No. 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 CONSTRUCTION SPECIFICATIONS FOR IMPROVEMENTS DRAKE FIELD RUNWAY 16 SAFETY AREA IMPROVEMENTS HWY 71 RELOCATION TO FAYETTEVILLE MUNICIPAL AIRPORT Drake Field FAYETTEVILLE, ARKANSAS BID NO. 09-34 AlP PROJECT NO. 3-05-0020-038-2009 FY082153 APRIL 2009 Prepared By: IJiCEMcCLELLAND CoNsULTING ENGINEERS, INC. McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377, Fax (479) 443-9241 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS SECTION PAGE NO. Advertisement for Bids 1-3 Instructions to Bidders 1-6 Proposal 1-13 Bid Bond 1-2 Notice of Award 1 Contract 1-3 Notice to Proceed 1 Performance Bond 1-2 Payment Bond 1-2 Equal Employment Certification 1-2 Wage, Labor, EEO, & Safety Requirements 1-17 Federal Wage Decision 1-4 General Provisions (FAA Standards, as revised for this project) 1-61 Section 10. Definition of Terms 1-5 Section 20. Proposal Requirements and Conditions 6-9 Section 30. Award and Execution of Contract 10-11 Section 40. Scope of Work 12-15 Section 50. Control of Work 16-21 Section 60. Control of Materials 22-24 Section 70. Legal Relations and Responsibility to Public 25-32 Section 80. Prosecution and Progress 33-38 Section 90. Measurement and Payment 39-45 Section 100. Contractor Quality Control Program 46-52 Section 110. Method of Estimating Percentage of Material Within Specification Limits (PWL) 53-59 Special Provisions 1-19 General 1 Description of the Project 1 Coordination of the Work 1 Safety Requirements and Construction Procedures 1-3 r TABLE OF CONTENTS (Continued) SECTION PAGE NO. Special Provisions (continued) 1-22 Identification of "Engineer" 4 Authority of Engineer 4-5 Limitations of the Engineers Responsibilities 5 Engineer's Visits to the Site 5 Contractor's Examination 5-6 Arrangement of Specifications and Plans 6 Workmen 6 Horseplay 6 Insurance 6-10 Subcontractors 10 Contractor's Routine Access to Site 10 Owner -Furnished Materials 11 Quality of Plans 11 Partial Acceptance 11 Progress Schedule 11 Contractor to Perform Construction Staking 11-12 Work Done Without Lines and Grades 12 Preservation of Monuments and Stakes 12 Other Contractors 12-13 Record Drawings 13 Publicity 13 Modifications and Waivers 13 Standards 13 Testing 13-14 Payment for Stored Materials 14 Cost of Plans and Specifications 14 Ownership of Engineering Data 14 Partial Sets of Plans and Specifications for Subcontractors 14 Damage to Existing Facilities 14 Reporting of Accidents 14 Pre -Construction Conference 15 Waterways 15 Safety and Security 15 Function of the Engineer and Relationship Between Engineer and Contractor 15-17 Contractor's Responsibility Regarding Special Application Materials and Products 17 Temporary Facilities 17-18 Permits, Licenses, Laws, Ordinances Regulations and Taxes 18-19 Excavation Safety 19 I I I I I I I I LII I I I I I I I I TABLE OF CONTENTS (Continued) SECTION PAGE NO. FAA Standard Specifications P-152 Excavation and Embankment 1-7 ' P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 1-5 P-209 Crushed Aggregate Base Course 1-5 P-501 Portland Cement Concrete Pavement 1-25 '• P-605 Joint Sealing Filler 1-2 P-610 Structural Portland Cement Concrete 1-6 P-620 Runway and Taxiway Painting 1-3 D-701 Pipe for Storm Drains and Culverts 1-5 D-705 Pipe Underdrains for Airports 1-6 I D -751 Manholes, Inlets and Headwalls 1-6 F-162 Chain -Link Fences 1-3 T-901 Seeding 1-3 1 T-904 Sodding 1-4 T-905 Topsoiling 1-3 T-908 Mulching Soil Stabilization Fabric 1-3 1-2 1 Water, Sewer and Asphalt Paving Specifications Section 02621 Cement -Lined Ductile Iron Water Pipe & Epoxy Coated Fittings 1-3 Section 02630 Polyvinyl Chloride (PVC) Water Pipe & Fittings 1-2 Section 02661 Hydrostatic Testing of Water Distribution System 1-2 I Section 02662 Disinfection of Water Distribution System 1-4 Section 02664 Miscellaneous Tubing 1-2 • Section 02665 Manually Operated Valves 1-3 • Section 02666 Miscellaneous Piping Specialties 1-3 Section 02667 Miscellaneous Metering and Measuring Devices 1-2 Section 02753 Sewer Pipe -General 1-7 Section 02755 Epoxy -Lined Ductile Iron Sewer Pipe and Epoxy Coated Fittings 1-3 Section 02755-1 Centrifugally Cast Fiberglass Sewer Pipe 1-5 I Section 02756 Manhole Construction 1-3 Appendices I Appendix A Safety Requirements Order AC No. 150/5370-2E Appendix B "Buy American" Exclusion Products ' Appendix C OSHA Standard for Excavation & Trenches Safety Program Appendix D Arkansas State Contractors Bond Licensing Law Appendix E Municipal Airport DBE Program 1 I I I I I I n I ADVERTISEMENT FOR BIDS Li I I I I Li 1 I I I I ADVERTISEMENT FOR BIDS Bid 09-34, Hwy 71 Relocation Notice is hereby given that in pursuance to an order of the City of Fayetteville, sealed bids will I be received at the Purchasing Office or Room 306 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 11:00 a.m., on April 28 , 2009, for the furnishing of all tools and labor, and the performance of work to be done in construction of Realignment of 1 Highway 71 (School Ave) and Ernest Lancaster Drive at Fayetteville Executive Airport, Drake Field A non mandatory pre -bid meeting will be held on Tuesday, April 21, 2009 at 2:00 PM at the Drake Field Airport Terminal Building conference room, located at 4500 S. School Ave, Fayetteville, AR 72701. Work under this Contract shall include: 1395 LF of five lane Hwy 71 relocation, 1420 LF of two lane Lancaster Drive relocation including; site preparation, earthwork, box culverts, storm drainage, water and sewer line relocation, topsoil, seeding and other improvements necessary to complete the project. The location of the work is set out in the Plans and Specifications to be on file in the offices of I McClelland Consulting Engineers, Inc.: P.O. Box 1229, 1810 N. College Avenue, Fayetteville, Arkansas, 479-443-2377. I The Plans and Specifications for Bid 09-34 will 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 326 at the City Administration ' Building, 113 West Mountain, Fayetteville, Arkansas at 11:05 a.m. local time, on April 28, 2009, and at such adjourned meetings thereafter as may be necessary. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of One hundred and fifty dollars ($150.00), 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 I 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 I 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 i exceeds $100,000. I Notice is hereby given that the City of Fayetteville is an Equal Opportunity employer. Buy American Requirement. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development for which funds are to be provided under the FAA grant. It is the policy of the Department of Transportation (DOT) that disadvantaged business 1 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. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to Subcontract five (5) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder of this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian • Americans. The apparent successful bidder will be required to submit its information concerning the DBE's that will participate in this contract. The information will include the name and ' address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract) and shall be submitted with the proposal. If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation I 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. I 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 I 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 I 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, I 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 Ito award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. A sample of the Certification and the Notice to Subcontractors appears in the Specifications. 1 FY082153 Hwy. 71 Relocation Section 00030-2 I I I I I I I I I I fl I 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. 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. 09-34 1 I 1 Andrea Foren Purchasing Officer City of Fayetteville Fayetteville, Arkansas ' FY082153 Hwy. 71 Relocation Section 00030 - 3 INSTRUCTIONS TO BIDDERS 1 I SECTION 00100 INSTRUCTIONS TO BIDDER I PARAGRAPH NO./TITLE PAGE NO. I. FORMAT........................................................................................................................... 1 2. SPECIFICATION LANGUAGE...................................................................................... 1 3. GENERAL DESCRIPTION OF THE PROJECT............................................................ I ' 4. QUALIFICATION OF BIDDERS.................................................................................... 1 I 5. DOCUMENT INTERPRETATION................................................................................. 1 6. BIDDER'S UNDERSTANDING...................................................................................... 2 7. PROJECT MANUAL & DRAWINGS............................................................................ 2 8. TYPE OF BID.................................................................................................................. 3 I9. PREPARATION OF BIDS.............................................................................................. 3 10. STATE AND LOCAL SALES AND USE TAXES .........................................................4 4 ' 11. SUBMISSION OF BIDS................................................................................................. 4 I 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS ....................................... 4 13. WITHDRAWAL OF BID ................................................................................................ 4 ' 14. BID SECURITY............................................................................................................... 4 15. RETURN OF BID SECURITY........................................................................................ 5 16. AWARD OF CONTRACT............................................................................................... 5 I 17. BASIS OF AWARD......................................................................................................... 6 18. EXECUTION OF CONTRACT....................................................................................... 6 19. PERFORMANCE AND PAYMENT BONDS................................................................ 6 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND ...................................7 7 ' 21. PERFORMANCE OF WORK BY CONTRACTOR....................................................... 7 22. TIME OF COMPLETION................................................................................................. 7 23. PROVIDING REQUIRED INSURANCE........................................................................ 8 24. TRENCH AND EXCAVATION SAFETY SYSTEM.......................................................... 8 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND .................................8 8 1 26. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS ...................................................8 8 I SECTION 00100 1 I 1 I I I I I I I I I I I I INSTRUCTIONS TO BIDDERS FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF BIDDERS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. FY082153 Hwy. 71 Relocation Section 00100- 1 6. BIDDER'S UNDERSTANDING 1 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 I 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. 1 The successful Bidder will be furnished three sets of Documents without charge. Any additional I copies required will be furnished to the Contractor at $150 per set. Partial sets will not be available. 8. TYPE OF BID 1 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. 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. I FY082153 Hwy. 71 Relocation Section 00100-2 r� I Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or ' officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, ' other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power -of -attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. I 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 I 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 IAll Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FORBIDS. Bids must be made on the Bid forms provided herein. IEach 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 I prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. ' 13. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of Bid either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bids submitted. This bid IFY082 153 Hwy. 71 Relocation Section 00100-3 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 1 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 I Within 45 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 I If, at the time this Contract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable FY082153 Hwy. 71 Relocation Section 00030 -4 1 I bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. I 19. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form I 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 I 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 I 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. IIf 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 Iauthority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. I 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 I 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. 1 21. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the 1 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. IFY082153 Hwy. 71 Relocation Section 00030 - 5 I 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. .1 22. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL PREVISIONS. The time allowed for the completion of the work is stated in the Proposal. 23. PROVIDING REQUIRED INSURANCE I The Bidder's attention is directed to the insurance requirements set forth in the SPECIAL PROVISIONS. 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 1 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. I END OF SECTION I II J I I I I FY082153 Hwy. 71 Relocation Section 00030-6 1 I I I I r I I I PROPOSAL I I I I I I I I LI n PROPOSAL TO FAYETTEVILLE EXECUTIVE AIRPORT DRAKE FIELD FAYETTEVILLE, ARKANSAS AIP 3-05-0020-038-2009 Project No. FY082153 Dated: April , 2009 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: Address: Project Title: Engineer's Project No Date: Bidder: Address: City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Drake Field Runway 16 Safety Area Improvements, Highway 71 Relocation FY082153 r -nr g d -O SWEETSER CONSTRUCTION INC. 590 W. POPLAR FAYETTEVILLE, AR 72703 Arkansas Contractor's License No.: Bidder's person to contact fort additional information on this Proposal: Name: + f t c_► r�1�e15 �v�� PHONE 479-443-3026 Telephone: FAX 479-4420119 1. BIDDER'S DECLARATION AND UNDERSTANDING ARKANSAS CONTRACTOR LICENSE # 0027470410 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, FY082153 Hwy. 71 Relocation Section 00300 - 1 11 including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities I with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. The Bidder further agrees that he has exercised his own judgment and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. 2. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Proposal is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. 3. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND • The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. I 4. BID BOND oo�� Enclosed herewith is a bid bond for dollars ($ ) which we agree the Owner may cash and retain as liquidated damages in the event of our failure to enter into contract for the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall complete the construction in all respects within 180 calendar days for Schedules I and II, and an additional 180 days for Schedules III and IV, 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 FY082153 Hwy. 71 Relocation Section 00300 - 2 II Liquidated damages shallupon q dated be based actual cost to be borhe by the Owner as a result of the work ' - not being completed within the time stipulated in the Contract and agreed to by the Contractor. Such costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. 7. ADDENDA The Bidder hereby acknowledges that he has received Addenda Nos. to these Specifications .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 I 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 IThe Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. PROPOSAL SCHDULE I I HIGHWAY 71 RELOCATION EARTHWORK & DRAINGE CULVERTS _ ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 1 1 LS Mobil' ion and Demobilization ($ (S /l� ) ' ars/L Words 1 2 12,500 CY Topsoil Removal (Plan Quantity) ($ / S) p ♦v (S /!J ) 11ars/CY Words 3 2,800 CY Unclassified Excavation (Plan Quantity) (S 3 od ) ($ ol0 ) Dollars/CY U words 4 4,400 CY Embankment (Plan Quantity) ($ _d ) ($ 22� _ ) Dollars/CY Words • 5 14,000 CY Select Borrow Embankment (Plan Quantity) ($ 5 ) o_o ($ �}) 1 5' Dollars/CY Words FY082 153 Hwy. 7I Relocation Addendum No. 1 Section 00300-3 ITEM APPROX. JQ QUANT. UNIT ITEM . UNIT PRICE EXTENDED 6 2,800 CY Topsoil Replacement (Plan Quantity) (S_______ ($ 41aQ) f�fZG/��y Dollars/CY Words 7 6,500 CY Undercut and Embankment Backfill (Field Measured) (S___^__ (Sj 0QZ R4*d llars/CY Words 8 13,000 SY Soil Stabilization Fabric �s ($�) /5 ) (S c4 4 � ) Dollars/SY Words 9 4,275 LF Silt Fence do Ilars/LF Words 10 2 EA Construction Entrances / Exit (S /Ape { ($ 9 O ) ,7—Dollars/SA Words 11 715 LF Temporary Rock Check Dam vo 00 —Dollars/LF 12 3,000 SY Erosion Control Blanket V'S (S5) -- ) (5/43327) 4JJi00 Dollars/SY Words 13 1 EA Double 6' x 6' Box Culvert (Complete) (Including Excavation & Backfill) 00 ($ J`1,, 7 — 00 (S (5 /� G _ Words 14 1 EA 5 Barrel 6' x 8' Box Culvert (Complete) (Including Excavation & Backfill) r fo ($/6'23 00 ($J 2,f � �/� .11X*.l�cd� Words IJ 60 15 1 LS Maintenanced Driveways & Bailey Drive (S DO (57e2 QJ ` ) J , r qv DollwwLS "' % Words FY092153 Hwy. 71 Relocation Addendum No. 1 Section 00300-4 14 , ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 16 12 AC Temporary Seeding, Fertilizer and Mulching ($J __ ___ ) Dollars/AC Words 17 1 LS Trench & Excavation Safety System (S 3' P j ($ f 0 �� ) I _- Words 18 7 EA New Sanitary Sewer Manhole ($ 3� +, ($ 2 hr4/ �"�" ollars/EA I Words 19 260 LF 8" SDR 26 PVC Sewer Pipe o 6 00 Dollars/LF ords 20 550 LF 10" SDR 26 PVC Sewer Pipe (S 3� ) ($ IID� I•) 15ollars/LF Words ,_ 21 1,100 TN Crushed Stone Trench Backfill (Sanitary Sewer & Force Main) (S/ lL Dollars/TN Words 22 16 LF l6" Bored or Excavated Encasement pp oa a 6 (Sewer) (S (S s,V?� 4)D 1�I�t`u""`D6llars/LF I Words 23 1 LS Third Party Insurance Coverage (Rider Amount) (S / ` ) (S/, Dollars/LS Words I 24 I LS 6" Water Line Relocation in Bailey Drive & Relocate Fire Hydrant to West End of o a9 Relocation �f ($ (Srb) _ - PWC� DoIIars/LS Words I25 260 LF 12" O900 DR14 PVC Force Main o co - Dollars/LF 1 Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 5 1 I, , ITEM APPROX. . Na QUANT. UNIT ITEM UNIT PRICE EXTENDED ' 26 1,000 LBS Ductile Iron Fittings (Epoxy Coated) ya Dollars/LB Words 27 1OOt LF 24" Bored or Excavated Encasement (Force / ! g Main) i� {a ) ($ _ D �) Words I 28 1 LS Connection of New 12" Force Main to Existing 12" Force Main �l , ff� (a /7, (a7,;'D �) ' ,� r, Dollars/LS Words ___ 29 800 LF Removal of 6 ft Chainlink Fence (ate (ate Dollars/LF Words 30 640 LF Relocate 6 ft Chainlink Fence with New Posts 'L -0 (a �7 f oZ 1 /19O Dollars/LF (a Words 31 1 LS Relocate Sliding Gate and Double Gate ($J3 7 ) (S `32S I /�Gb/D `�s.ollars/LS �4 '�""'s"-� "-" fiords I 32 1 EA Abandon Manhole (S'j (S D� 1 _ Dollars/EA I Words 33 1 EA Adjust Manhole Rim Elevation to Grade ($ SD� ) (a I NO S Dollars/LA Words SUB TOTAL SCHEDULE I BID (ITEMS 1 THROUGH 33) S 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-6 ITEM APPROX. NO. 4UANT. UNIT ITEM UNIT PRICE EXTENDED I I LS Mobilization and Demobilization c va (Taxiw y Extension) (S_ _ _____ } (s ue) Dollars/LS Words 2 3,500 CY Topsoil Removal (Plan Quantity) ($ (S_________ �ollars/CY Words 3 800 CY Unclassified Excavation (Plan Quantity) ya ($ } � ($ _�Q� �) -» Dollars/CY Words 4 1,400 CY Embankment from Excavation (Plan Quantity) (S________(S________(s_ ° _ l Dollars/CY Words 5 3,300 CY Select Borrow Embankment (Plan Quantity) go ($ CP ) .+ ($. Dollars/CY Words 6 1,050 CY Topsoil Replacement (Plan Quantity) so (S / f ) �� (S ` O 2�1L µYS gDollars/CY Words 7 2,000 CY Undercut and Embankment Backfill (Field Measured) ea (S ) o• ($ j r— Dollars/CY Words ` ' o0 8 5,500 SY Soil Stabilization Fabric (S/ ) ($ a+tQnllars/SY Words 9 2,545 LF 10 975 LF FY082153 Hwy. 71 Relocation Silt Fence Dollars/LF Words Temporary Rock Check Dams Dollars/LF Addendum No. I (S8) ) (sue ($3O°" ) ($a SD Section 00300-7 Words ITEM APPROX. NO QUANT. UNIT ITEM UNIT PRICE EXTENDED 11 1 EA Construction Entrance / Exit gd ($ /DOD) i d ($ l —� Dollars/FA Words 12 1,900 SY Erosion Control Blanket (sc—) — ) ($/D 35 � �d 'c7'�ilX� Dollais/SY Words 13 750 LF Removal of 6 ft Chainlink Fence p1' (52 - ) i e ($ /S 1 ) Dollars/LF Words 14 815 LF Relocate 6 ft Chainlink Fence with New Posts ($___4 ) (s llamtLF Words 15 1 LS Relocate Double Gaw . p. ($ � {$ ___ 16 Words 1 EA 5 Barrel 6' x 8' Box Culvert (Complete) Sa /Sd $ 7S� yz Words 17 5 AC Temporary Seeding, Fertilizer and Mulching ° � ($ O4 (S_______ �ldDollars/AC 18 0 1 LS Trench & Excavation Safety System DD ($ _% ) vv ($ DD ?____ . Dollars/LS Words SUB TOTAL SCHEDULE II BID (ITEMS 1 THROUGH 18) $ 2 32, 7S/ FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-8 ____ _ __..i "Vium, III HWY. 71 RELOCATION CURB & GUTTER BASE, PAVTh G & STORM DRAINAGE ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED Li I I I: I I I I I I 1 l 1 LS Mobilization and Demobilizpttiion. (S 275 ' (S Z65re i ) �ISollars S Words 2 1 LS Maintenance of Traffice O o (S per ($ Z e Dollars/LS Words 3 500 CY Topsoil Removal (Plan Quantity) ($_I — ) (S SDr �t(,44a Dollars/CY Words 4 100 CY Unclassified Excavation (Plan Quantity) Dp ($L5) oa (S '5 Th Dollars/CY Words 5 200 CY Embankment (Plan Quantity) (S S vo (S ------Dollars/CY Words 6 800 CY Select Borrow Embankment (Plan SD ) OIO (SOOr Quantity)I� ($a- 24 Dollars/CY Words 7 450 CY Topsoil Replacement (Plan Quantity) (S /— ) (S 76i_) Q so 1 eel- e+N_ _ _�,, bollars/CY Words 8 2,200 CY Undercut and Embankment Backfill (Field Measured) Q (SC? ) ($ Dollars/CY Words Jl 9 2,800 SY Soil Stabilization Fabric (5/ ) (S { Dollars/CY Words 10 4,275 LF Silt Fence (Maintenance) ($ 3 ) e 0 (S o7 `+ Dollars/LF Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300-9 ITEM APPROX. NO. OUANT. UNIT ITEM 11 1 EA Construction /Q GU 4 L—Dollars/EA Words 12 1 LS Temporary Rock Check Darns Maintenanrr. W4 S Dollars/LS Wor4 13 800 SY Erosion Control Blanket 2- 41d ADO Dollars/SY Words 14 680 LF Block and Aggregate Filters so �bollars/LF Words 15 16 EA Curb Inlet Sediment Barrier Dollars/EA il Words 16 15,000 TN Aggregate Base Course (Class 7) Dollars(TN Words 17 5,000 TN 4" Asphalt Binder (1") PG 70-22 4t4 Dollars/TN Words 18 5,000 TN 4" Asphalt Surface (1/2") PG 70-22 (Placed in Two Lifts) / Dollars/TN Words 19 6,120 LF Concrete Curb & Gutter (Type A) Dollars/LF rds 20 328 LF Concrete Curb & Gutter (Type E- 1) Dollars/LF Ords 21 3,460 SY Concrete Sidewalk Dollars/SY or FY082153 Hwy. 71 Relocation Addendum No. 1l UNIT PRICE EXTENDED if (S (S/96 (S /D?D �� ) (S 3 0 om (ate (S_______ (S____ (S_____ ($ (s ZZ4 ' r (S 58=) ($SdO1• (S lQ =° (S II V • ca m (S_______9Go. ID (s_t: : ) ($2.41) (sue (sue Section 00300-10 I I I I I LI I I I I I ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 22 65 SY HC Ramps AHTD, Type III (S _ 3O (� Ltil.��DoilarslSY Words 23 65 SY PCC -% ways D� (S_ j �) 'L vb (S — Dollars/SY 24 240 w ds TN Asphalt Surface Course for Driveways (S ffs / b ''`` 7P2fr' I �� DollarsCI'N Words ♦a r 25 450 TN Aggregate Base for DrivewayjJ (S (S d0 I ,DO(S______7 DollarsrlN 26 1,632 Words LF 18" RCP, Class III, Wall B O 6 ($, _) Do (S_____, 3� Dollars/LF Words 27 55 LF 24" RCP, Class 111, Wall B O (S 4' D (S Z 6 ) 2 s n !!!2 oliars/LF Words 28 226 LF 36" RCP, Class III, Wall B ` (sue Da {S 4''' Dollars/LF Words 29 535 AC 42" RCP, Class III, Wall B (S7 ($ j— Dollars/AC Words 30 390 LF 48" RCP, Class III, Wall B (S (S 0 _ QC,Dollars/LF Words 31 4 EA 18" RCP, Flared End Section Oi (S QO✓ (5 ' Dollars/EA Words 32 2 EA 36" RCP, Flared End Section (S (a X44 oilars/EA Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 11 ITEM APPROX. NO. OUANT. UNIT ITEM UNIT PRICE EXTENDED 33 19 EA Drop Inlet (Type C) ( 2�-7S (S31 °0 1� llars/EA Words 1 34 7 EA 4' Drop Inlet Extension (S aD (53.W.....) sDDS Dollars/EA Words 35 2 EA 8' Drop Inlet Extension ($J$ (s 29 i Dollars/EA Words 36 3 EA Modification to Existing Drop Inlets 1 __ Dollars/F.A Words 1 - on pa 37 2 EA Junction Box (Type ST) �� � �� {� z 3 7$ ) (a llaraIEA 1 Words 38 1,650 LF 4" Thermoplastic Striping White (S . c� ) /sG 75 '/ i ) Dollams F Words ' 39 1,650 LF 4" Thermoplastic Striping Yellow .S_� (s 7 Pd Dollars/LF ' Words 40 6,500 LF 4" Thermoplastic Striping Solid Yellow Dll ��✓ (S .Q( ) (sue) I ��� Dollars/I.F Words 41 161 EA Clear Plowable Pavement Markers 9S t 44 Y5� Dollars/EA • Words 1 42 161 EA Yellow Plowable Pavement Markers } S (sue (s 1 416oh1/EA Words 43 48 LF 12" Thermoplastic Stop Bars (White) ra� OO :; w ic:i z -. f ;; Dollars/LF 1 Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 12 I I Ti I n I I I I I I ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRICE EXTENDED 44 3 EA Thermoplastic Crosswalk (White) t,�G Dol Iars/EA Words 45 1 LS Trench & Excavation Safety System j9 44WI Dollars/LS Wor 46 15,300 SY Removal of Asphalt Pavement (Existing Hwy7l) V 41 (S / ) ,a (S/f �d _ cw %6-0 Dollars/SY Words 47 5,500 LF Removal of Concrete Curb & Gutter 71) oo (s_ 3 ) /b ($__________ (Hwy Dollars/LF Words 48 10 EA Removal of Drop Inlets (Hwy 71) {S50 ) (S dl �BVr ? ollars/EA Words 49 1,800 LF Removal of Storm Drainage Pipe (Hwy Ip► 71) (S_ f a ) (S______Q� Dollars/LF Words 50 1 LS Removal of Double 6' x 8' Sox Culvert & Regrade Channel Area o• ($ '35))' u (S Z S �$2 j ��;�llardLS4414; Words 51 6,800 SY Removal of Concrete Pavement (Existing 0 Hwy.71) (S � ) (s Tv___ Dollars/SY Words 52 1,500 CV Regrade of Hwy. 71 (Plan Quantity) (ate+ Dollars/CY Word! 53 1,000 SY Solid Sodding (S 3 ) (5 Dollars/SY Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 13 ITEM APPROX. NO. QUANT. UNIT ITEM UNIT PRIIC EXTENDED 54 20 AC Seeding, Fertilizer & Mulch (a 3 _35-) Ilars/AC Words I 55 500 LF Removal of 6 ft Airport Chain Link Fence a" ($- 2 ) ($/4) Dollars/LF Words 56 1,700 LF New 6 ft Airport Security Chain Link Fence with Barbed Wire (S/( ($ / I D kh d% Dollars/LF Words ' 44441 57 1 T & c do a Syste Doll S ' Words 58 800 SY Asphalt Milling At Connections 3D ao ($s' ) (s492 oJ I L(--,2 11ars/SY Words I 59 750 SY Asphalt Removal Within Super Elevation � co Sections, As Required (5 / ) ($ /.387 �4S)Dollars/SY Words 60 5,600 GAL Prime Coatog /f� �o ($ 3'O ) (521,2- SAD ed *2bollars/GAL Words 61 3,500 GAL Tack Coat DTi wy Dollars/GAL Words 62 1 EA Relocate Fire Hydrant %�y 1 Dollars/EA Words 63 2 EA Traffic Signs (Wl-5) , ($ (S 740 Ti .� llars/EA Words SUB TOTAL SCHEDULE III 7 ct BID (ITEMS 1 THROUGH 63) $ f� 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 14 1 Li I I I I I I I PROPOSAL SCHDULE IV LANCASTER DRIVE CURB & GUTTER. BASE. PAVING AND STORM DRAINAGE ITEM APPROX. UNIT NO. OUANT. UNIT ITEM PRICE EXTENDED Kd � 1 1 LS Mobil' a and Demob' ' 'on ($ aD ) ($ D_ ) 01sisJLS Wor 2 220 CY Topsoil Removal (Plan Quantity) ($ / ) (S ?D ) /MdDollars/CY Words 3 150 CY Unclassified Excavation (Plan Quantity) (S ,,7 — ) ($ 7 ≤?' ) Dollars/CY Words p(� ` ea 4 100 CY Embankment (Plan Quantity) ($ ) (S , 7 'C ) c`LyDollars/CY Words 5 350 CY Select Borrow Embankment (Plan -) %�o (S_______ ($ Dollars/CY Words O d+� 6 650 CY Topsoil Replacement (Plan Quantity) ($ _s ) (S DolIars/CY Wards 7 1,000 CY Undercut and Embankment Backfill (Field Mead d) (S ) (S______ Dollars/CY arils 8 1,200 SY Soil Stabilization Fabric (S/) ($--1- 4.j s /J&larslSY Words ✓ .��. 9 550 LF Silt Fence ($ .? ) (S /1 s ) Dollars/LF Words 10 1,900 TN Aggregate Base Course (Class 7) ($ (S ,� Dollars/TN Words FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 15 ITEM APPROX. UNIT NO. OUANT. UNIT ITEM PRIC0 EXTENDS 11 880 TN 4" Asphalt Binder (1") PG 70-22 ($_ _f?'—) (s I duer�. £Ollarsrl'N Words p 00 12 500 TN 2" Asphalt Surface (1/2") PG 70-22 ($ ' ) ($ 3p. I 44N Words 1 13 1,470 LF Concrete Curb & Gutter (Type A) ($ ) ($ Dollars/LF 1 v� 14 810 SY Concrete Sidewalk ($� ) ($ 2.2 I Dollars/SY W ds 15 16 SY HC Ramps AHTD, Type III ($ 3D I ($ �D ) 1 r Dollars/SY Words Gv 16 185 LF 18" RCP, Class III, Wall B ($ ($ s.3 Dollars/LF Words 1 17 65 LF 36" RCP, Class III, Wall (5 �015i ($ �"rOC Wall Words �G 5 18 2 EA 36" RCP, Flared End Section, (S_______ ($ Dollars/EA Words I 19 4 EA Drop Inlet (Type C) (5 7o7s) { {$ OD Dollars/EA Words 20 1,000 SY Solid Sodding y 4) �1 Words 1 21 12 AC Seeding, Fertilizer tit Mulch (5_ /7 )c ($ �° ) 46..Jci4! Dollars/AC IW s FY092153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 16 1 ITEM APPROX. ITEM . UNIT NO. QANT. UNIT PRICE So EXTENDED I22 1 LS Channel Realignment Words ' 23 2,545 LF Silt Fence Maintenance Gv6S ($ Dollars/LF Words 24 1 EA Consmiction Entrance / Exit i o ou DollamIEA Words 25 60 LF Block Aggregate Filter a {$ ) ($ue �� DollarsILF 1 Words 26 4 EA Curb Inlet Sediment Barrier i ' Dollars/EA Wo ' 27 1,555 LF Tempa Rock Check Dam O4 D� Dollars/LF I0O w rds 28 5,500 SY Erosion Control Blanket — I ____ /CV Dollars/SY Words Trench & Excavatign Safety Sy ($�) $ p ) ' 29 1 LS Dollars/LS IWords 30 550 LF Remove Existing 6 ft Chain Link Fence (5 ) (S//) Dollars/LF Words 31 950 LF New 6 ft Chain Link Fence with Barbed 7 .�J DO Wire ($ __ +-` f___ I Words FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 17 1 ITEM APPROX. UNIT NO QUANT. UNIT ITEM PRICE EXTENDED 32 1 EA Double Leaf Gate 12 ft L�� ,4jJ44/ Dollars/EA Words 33 1 LS Removal of Asphalt Pavement & Base (3020 SY) ($J {$7 5 I vLs Words sv 34 150 SY Asphalt Milling (� /7 fit__ J (S 7� —Dollars/SY ' Words 35 1,050 GAL Prime Coat Dollars/GAL Words 36 650 GAL Tack Coat 0 y {s (5 --�� I _ �y°Douars/GAL Words 37 7 EA Remove and Relocate Streetlights and Bas 4� f/ 7 Ali* Words ' SUB TOTAL SCHEDULE IV �� 1 BID (ITEMS 1 THROUGH 37) $ C7 0 � ! BASIS OF AWARD TOTAL BID SCHEDULES I & II S w/. /5 1 TOTAL BID SCHEDULES 1,11 & III $ Q . �o I TOTAL BID SCHEDULES I, II, III & IV X65 $_ 2f,7fj The Bidder shall attach to this Proposal a copy of his General Liabilities Insurance Coverages in I accordance with the requirements stated on page 7 of the Special Provisions. 11. FAA REQUIREMENTS I 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. FY082153 Hwy. 7I Relocation Addendum No. 1 Section 00300 - 18 Bidders may obtain the lists of articles, materials, and supplies excepted from this provision in PP P I 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 I are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: I. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured products produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. ' 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen, and suppliers in the performance of this contract, except those- ' (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality. (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or ' (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. I I j I I The bidder shall co plete the following statement by checking the appropriate space. The bidder has has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. The bidder has /has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontractors. If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO -1" prior to the award of contract. 1 FY082153 Hwy. 71 Relocation Addendum No. I Section 00300 - 19 I 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: I 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 I 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 I bidder/offeror/contractor/or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. I Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that is: Ia. 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 I published by the Office of the United States Trade representative (USTR). b. has not knowingly entered into any contract or subcontract for this project U 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 I 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. IFurther, 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 I 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 I the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. I 1 FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 20 I I I 1 1 I I This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 12. EXPERIENCE OF BIDDER The Bidder states that he is an experienced Airport Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers. Use additional sheets if necessary.) 1 13. SURETY I LI I I n If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be whose address is Street City State Zip Code 14. INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. 1 15. BIDDER I I I I The name of the Bidder submitting this Bid is doing business at Street City State Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. FY082153 Hwy. 71 Relocation Addendum No. 1 Section 00300 - 21 I. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: f_I_i iiE- - r d I z rI-47/ 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 f the Owner. Dated at Fayetteville, Arkansas, this AS day of April, 2009. Respec ll tt , I(SEAL, IF CORPORATION) I I I I I I Business Address ;—z 1 t I�„ntn n_ by 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- TYPE OF DBE ARKANSAS CONTRACTOR ADDRESS WORK AMOUNT YES/NO LICENSE NO. I __ drc a4 3- 0k� 4(6ta4& ,&e7- jj j/ ' FY 0821 . 53 Hwy. 71 Relocation on Section 00300 - 21 •1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I., BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 I- - KNOWN ALL BY THESE PRESENTS, That we, Sweetser Construction Inc., as U Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Five Percent of Bid Dollars ($5%) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a U contract for furnishing all labor and materials for Realignment of Highway 71 (School Ave.) and Ernest Lancaster Drive at Fayetteville Executive Airport, Drake Field, AR, Bid 09-34 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 28th day of April, 2009. I I J 7 I I Swi Travelers Casualty and Surety Company of America By: Robert M. Davis, Attorney -in -Fact t#?AVELER4T' POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -in Fact No. 215938 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty'and Surety Company Travelers Casualty and Surety Company or America United States Fidelity and Guaranty Company CertificateNo.00255402 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Roberl M. Davis, and Cheryl Ann Pankey of the City of Fayetteville , State of Arkansas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their kusEness of uaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe`rnttiin an3 y �Hlons o �rgceedings allowed by law. Q r+Z y IN WITNES WHEREOF, 8th the Comp rpg8 aye caused this instttu ci tribe gne .and, i≥ r o ate seals to be hereto affixed, this day of A UU j Farmington Casualty CQj n O S1 St. Paul Guardian Insurance Company Fidelity and Guaranty,�lus r ct9 patlyLo St. Paul Mercury Insurance Company Fidelity and Guaranty Insult a nderw ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company O��G�au�7�` }` ' 6 n 1t00AA�tGIt� nrf•f 4 � ao`nrr�m W`,�pRraa�rfyfi � �". �•.�°'� u t�� o � i9%7 g 1951 •7L1 ^ �* e� is � .n e' W4RTF01�. � �ttAN a� ,� i ,6"9s sy �� State of Connecticut City of Hartford ss. By: Georg Thompson, enior a:e President 6th On this the day of August 2008 fore me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, ant. that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. in Witness Whereof, I hereunto set my hand and official seal. Z*AR My Commission expires the 30th day of June, 20I 1. P pl18LlG tk 58440-5-07 Printed in U.S.A. Mane C. Tetreault, Notary Public THIS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. 'Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (tinder seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur e_ty, -�iro tpanylAmericrd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power tiro re e u ed bsaiCoinpanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand an4 thgesd`als oY laidr r�npanies this _______ day day of s 20 ��� V� Kori M. lohans Assistant Secret ary" r (��9U,� a1tiY� yiR�ty yt�RF � y `*M ; My`G + ,NSUq ,� 71' Ayp Nyt� ���jty,t� #-'bra y r�P'- Q • �� + rte:' e J � 19ti 2� o �4b���s y . a To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING; THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER NOTICE OF AWARD I ' NOTICE OF AWARD ' TO: Sweetser Construction, Inc. 590 W. Poplar Fayetteville, AR 72703 IPROJECT DESCRIPTION: Drake Field Runway 16 Safety Area Improvements Hwy. 71 Relocation to Fayetteville Municipal Airport The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated April 28, 2009 and Instructions to Bidders. ' You are hereby notified that your BID has been accepted in the amount of: Three Million Seventeen Thousand, Nine Hundred and 15/100 Dollars ($ 3,017,900.15) '• 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. IIf you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 17`h day of June, 2009. I r' 71 Owner By 111(1 L c.- ayne lies, P ., Project Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By: Sweetser Construction, Inc. this the 18th day of June, 2009 By Title ' FY082153 Hwy. 71 Relocation Section 00360 - I CONTRACT L r r I u LI r r n CONTRACT THIS AGREEMENT, made and entered into on the 16th day of June, by and between Sweetser Construction. Inc. herein called the Contractor, and the City of Fayetteville: WITNESSETH: That Sweetser Construction, Inc., for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That Sweetser Construction. 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: Drake Field Runway 16 Safety Area Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-038-2009 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings: - 71 Sheets 2. That the City of Fayetteville hereby agrees to pay to Sweetser Construction. Inc. for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications and Total Bid for Schedules I, II, III & IV, in lawful money of the United States, the amount of Three Million, Seventeen Thousand, Nine Hundred and 15/100 Dollars ($ 3,017,900.15). U 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 360 calendar days for Schedules I thorough IV, after the date when the Contract Time commences to run, as provided in the Notice to Proceed. I4. Liquidated Damages: City of Fayetteville and Sweetser Construction, 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 Sweetser Construction Inc., agree that as liquidated damages for delay (but not as a penalty) Sweetser Construction, Inc., shall pay City of Fayetteville Four Hundred Dollars ($400.00) I for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. I FY082153 Hwy. 71 Relocation Section 00500 - 1 LI 1 5. That within 30 day s of receipt of an approved payment request, the City of Fayetteville shall I make partial payments to Sweetser Construction, Inc., on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by Sweetser Construction, Inc., LESS the retainage provided in the General Conditions, which is to be I 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 Sweetser Construction, Inc., of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by Sweetser Construction, 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 Sweetser Construction, Inc., of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. I 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 I or if, for any reason such bond ceases to be adequate to cover the performance of the work, Sweetser Construction, 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 Sweetser Construction, 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, Sweetser Construction, 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. I Seq.). Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. LI III I ' FY082153 Hwy. 71 Relocation Section 00500 - 2 LII J 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. I SEAL: 1 1 WITNE SES: ATTEST: I I I I I I L I I City Clerk `���gnrnrr►►rryr B ; FAYETTEVILLE: ;/GrTON�tiC� SWEETSER COfiSJ 1WCTION, INC. IpI : PRESIDENT Title CITY OF FAYETTEVILLE B L--- Lioneld Mayor ' FY082153 Hwy. 71 Relocation Section 00500 - 3 NOTICE TO PROCEED NOTICE TO PROCEED To: Date Project: Drake Field Runway 16 Safety Area Improvements Hwy. 71 Relocation to Fayetteville Municipal Airport You are hereby notified to commence WORK in accordance with the Contract dated, 2009, on or before , 2009, and you are to complete the WORK within 150 Calendar days from this date, less any Stop Work Days allowed by the Owner. City of Fayetteville Ray Boudreaux Title: Director of Aviation ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged By this the By: Title: day of , 2009. FY082153 Hwy. 71 Relocation Section 00550 - I I 1 I I I I I I PERFORMANCE AND PAYMENT BOND I I I I I I ri I Li 1 r Ii Document 00600-1 Construction Performance Bond Bond No. 105206981 Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Sweetser Construction, Inc. 590 W. Poplar St. Fayetteville, AR 72704 OWNER (Name and Address): City of Fayetteville 113 W. Mountain St. Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: JuneIb2009 Amount: $ 3,017,900.15 Description (Name and Location) H I BOND Date (Not earlier than Construction Contract Date): June/4 2009 Amount: $ 3,017,900.15 Modifications to this Bond Form: ($) CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Sweetser Construction Inc. Travelers Casualty and Surety Company of i America SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America Hartford, CT 06183 Drake Field Runway 16 Safety Area Improvements Hwy. 71 Relocation to Fayetteville Municipal Airport ' Sifnature: Name and William Sweetser • Signature: Name and Title:Robert M. Davis , Attorney in Fact CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) U Signature: Signature: Name and Title: Name and Title: I EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors I FY082153 Hwy. 71 Relocation IIIIIII IIIIII III II II IIII IIIII IIIIIIIIIIIIIII If Ill II1IIIIII IIO IIIIJIII1I Doc ID: 012958550004 Type: LIE Kind: BOND Recorded: 07/08/2009 at 11:41:55 AM Fee Amt: $30.00 Paae I of 4 Washinaton County. AR Bette Stames Circuit Clerk FileBQ29--00000525 I I u u fl J I 1 I 1 I 7 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractorperfbrms the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. Ifthere is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety atits address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods ofperfomnng the Construction Contract Ifthe Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall notwaive the Owner's right, ifany, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction ContractitselC through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion ofthe Construction Contract, arrange fora contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it maybe liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surely does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or4.3 above, then the responsibilities ofthe Suretyto the Owner shall notbe greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion ot'the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, orifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner orothers 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 oil on account of any such unrelated obligations. No right ofaction shall accrue on this Bond to anyperson or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice ofany change, including changesoftime, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent j urisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Lie Contractor ceased working or within two years after the Surety refuses or fails to performits obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited bylaw, the minimum period oflimi cation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom andprovisions conforming to suchstatutoryor other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutorybond and not as a common law bond 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. FY082153 Hwy. 71 Relocation Section 00600-1 - 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED [ORDER ,f► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 215938 Certificate No, 002554046 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Slate of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert M. Davis, and Cheryl Ann Pankey of the City of Fayetteville , State of Arkansas , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business ofRguaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required o���litted'in anactions orpioceedings allowed by law. 6th IN of TNF tS U HEREOF, the Compg�sdtave caused this lnstrumentito be signed.and d their'cor`porate seals to be hereto affixed, this day g St Lou Farmington Casualty Company s 1'iv St. Paul Guardian Insurance Company Fidelity and GuarantyEInsuranee Company ,O St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GrsVq�} Sa'tFly J�rIRE � 4 \*y iys4 a{ insVq ,,,trr qyo {.ltiT f1 1982 0 itD a �f wFep f't � 4, � � 7 927 r Z : n W HAFRFOPD, FIIRtFOpq � < i4k►rcrG5 � � t�� i9Jrt m, � �.rSEAL •o`'; ��ST1tL::; coNN. 10 Tyr �n t996 �y � Few .� s� , N c c d ........: • y _ a yr a '6 fpm y�.r�� 0FryNI;VVi c C !S � y,11�./ db:....... •lf 61 pi "'/! Itttt9` State of Connecticut City of Hartford ss. By: Georg Thompson, color ice President 6th August 2008 On this the day of , , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eAt In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. e. V Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur try Company.ofiAmerica and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power Ayttorneysexecutedby�said Companies, which is in full force and effect and has not been revoked. YY 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed these"alss of saidmp'anies this day of , 20 _. Kori M. Johann Assistant Secret r Gx (�} t SUF{E7y JLfiRF a iy O:�µ'�MS�4 J¢i.1R6Yq{y ',��iv Nos` Ryp�try �ssssy,4lb O 9 A x t+�: 0 1977 927 � lm := wwrFaao, wtmmAa � t ���5+a � r Op NE'N fS a AN +p -....• � t hM To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbund.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Document 00600-2 Construction Payment Bond Bond No. 105206981 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Sweetser Construction, Inc. Travelers Casualty and Surety Company of 590 W. Poplar St. America Fayetteville, AR 72704 Hartford, CT 06183 OWNER (Name and Address): City of Fayetteville 113 W. Mountain St. Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: June Ifo, 2009 Amount: $ 3,017,900.15 Description (Name and Location): Drake Field Runway 16 Safety Area Improvements Hwy. 71 Relocation to Fayetteville Municipal Airport BOND Date (Not earlier than Construction Contract Date): June Ilo, 2009 • Amount: $ 3,017,900.15 Modifications to this Bond Form: ($ ) CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Sweetser Construction Travelers Casualty and Surety Co. of America Signature: Signature: Name and Title: Willia Sweetser Name and Title: Robert M. Davis, Attorney in Fact CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-288 (1984 Edition) I 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 I I ' FY082153 Hwy. 71 Relocation 1IIlliIIIIIIlI14IIIIlllllll11111II11111I1111I#lllllllII 11111ft II11Il Doc ID: 012958560004 Type: LIE Kind: BOND Recorded: 07/08/2009 at 11:44:59 All Fee Amt: $30.00 Pace I of 4 Washinaton County. AR Bette Stamps Circuit Clerk Fi1eB029-00000526 I I I I n J u I I I I u I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds haemless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractorand the Surety(at the address describedin paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating thata claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment includedin the claim stating, with substantial accuracy, the amount ofthe claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly.; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Ifa notice requiredby 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 ofparagrapb 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that am undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. I 7. The Surety's total obligation shall not exceed the amountofthis Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations ofthe Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion ofthe Work. 1 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any ' Claimant under this Bond. 10 The Surety hereby waives notice ofany change, including changes oftime, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(l) or (2) occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe 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 o fnoticeby the Surety, the Owner, or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutoryor other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms, labor, materials or equipment, that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the workofthe Contractor and Contractor's sub contractors, and all otheritems for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof ' FY082153 Hwy. 71 Relocation Section 00600-2 - 2 POWER OF ATTORNEY TRAVELERSFarmington Casualty Company Si. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company Seaboard Surely Company Travelers Casualty and Surety Company of America Si. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 215938 Certificate No. O O 2554047 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Robert M. Davis, and Cheryl Ann Pankey of the City of Fayetteville , State of Arkansas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign• execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business o.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or ppermittttediin nyy acttons or.prroceedings allowed by law. TNEStS WHEREOF, Ithe Comp eshavecaused this rostrum to be signed and tthheii c rrpoorate seals to be hereto affixed, this day of 6th A g Farmington Casually Company �w St. Paul Guardian Insurance Company Fidelity and Guaranty InsuranceCornpany" St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G0.6U.1� stwEij 450.E 6 ,�It.�4S + 1 8uq 'l1Y qNp J,ttlY 3 6 n 40Rgr' e gr 9.a 2S O 1977 1927 -• 1 :: _._ ;� W � . �� tom, 9 ��� =b���, �y `� GkNf+t �r,c+c ls': i,N�a °•7t -......',,q ���+ 'Y �� + art ANr°' State of Connecticut City of Hartford ss. By: Georg Thompson. enior ice President On this the 6th day of August 2008 before me personally appeared George W. Thompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. *A My Commission expires the 30th day of June. 2011. j°u8i�a$ . Marie C. Tetreault. Notary Public 58440-5-07 Printed in U.S.A. WARNI This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company.of�America-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power Attorniexeeuted��id Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed these of said Companies this day of . 20 _. Kori M. Johans Assistant Secretary (0()89@(0@8e9 51 �ro SEALjjjoSBlLL.?s� ° To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CSR SP DATE{MMfDDlYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE SWEET -1 47 07 09 PRODUCER aeon Insurance Agency 340 Green Acres Rd, Suite #10 .0. Box 4217 Fayetteville AR 72703 hone: 479-521-2233 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC## sURED SWEETSER CONSTRUCTION INC. 590 W. Poplar Fayetteville AR 72703 INSURER A: Cincinnati Insurance Co 10677 INSURER B: INSURER C: INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR 1NSRD TYPE OF INSURANCE POLICY NUMBER DATE MMJDDJYY DATE MMJDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 X $ ICOMMERCIALGENERALLIANILITY CPP0828832 10/30/08 10/30/09 PREMISES (Ea oocurence) $ 500,000 CLAIMS MADE E1 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE S 2 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPJOP AGO $ 2 , 000 , 000 POLICY JECOT LOC A X AUTOMOBILE UABILITY ANY AUTO CPA0828832 10/30/08 10/30/09 COMBINED SINGLE LIMIT (Eaacddent} $ 1 , 000 , 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ • ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5000000 A X OCCUR CLAIMSMADE CPP0828832 10/30/08 10/30/09 AGGREGATE $ 5000000 $ I DEDUCTIBLE $ X RETENTION $ ___ $ • WORKERS COMPENSATION AND EMPLOYERIPAR7NERIEXECUTIVE ILITY ANY PROPRIETORETOR WC2113971 10/30/O8 10/30/09 TORY LIMITS ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 OFFICER/MEMBEREXCLUDED? It yes, describe under SPECIAL PROVISIONSbelow E.L. DISEASE - POLICY LIMIT $ 500000 OTHER I: OWNERS & CONTRACTO CAP5183395 06/17/09 06/17/10 EACH OCC 1000000 PROT LIAB AGGREGATE 1000000 SCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS aiver of Subrogation for Workers Compensation City of Fayetteville and McClelland Consulting Engineers, Inc. are dditional insured's for general liability and auto liability EIRTIFICATE HOLDER CANCELLATION CITY001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Fayetteville DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Mc Cle l land Consulting NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineers, Inc. IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 113 W. Mountain Fayetteville AR 72701 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 25 (2001/08) © ACORD CO H I I I I I 1 CERTIFICATION OF BIDDER REGARDING 1 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY GENERAL BIDDERS S NAME weetser Construction 590 West Poplar I ADDRESS Fayetteville, Ar. 72703 INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER 7l- 93 fl 7rY 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 I provision of the equal opportunity clause. (2) Contractors receiving federally assisted construction contract awards exceeding $10,000 I 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: I (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(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. Li 1 FY082153 Hwy. 71 Relocation Equal Employment Opportunity - 1 I I I 1 I L7 I I I I INOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES: 1 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 1 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 I 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 I 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 I NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or I subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 1 Certification - The information above is true and complete to the best of my knowledge and belief. WILLIAM . TSER PRESIDENT Name and ' e .gner (Please type) Signature 1 7-�- _ ___ Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 1 IFY082153 Hwy. 71 Relocation Equal Employment Opportunity -2 I. WAGE, LABOR, EEO AND SAFETY REQUIREMENTS I I 'H 1 I I LI I I I El I Li I I I WAGE, LABOR, EEO AND SAFETY REQUIREMENTS SECTION A (FEDERAL AVIATION ADMINISTRATION REQUIREMENTS) A-1. Airport Improvement Program. The work in this Contract is included in Airport Improvement Program Number 3-05-0020-034-2005 which is being undertaken and accomplished by the City of Fayetteville in accordance with the terms and conditions of a grant agreement between the Siloam Springs Airport Commission and the United States, under the Airport and Airway Development Act of 1982 (PL 97-248) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. A-2. Consent to Assignment. The Contractor shall obtain the prior written consent of the Siloam Springs Airport Commission to any proposed assignment of any interest in or part of this Contract. A-3. Convict Labor. No Convict Labor may be employed under this Contract. A-4. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515 (c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 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. AA6. Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this Contract, the City of Fayetteville may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. AA=7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. A-8. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6, and A-7 requiring the subcontractors to include 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. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -1 1 I AA=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) B-1. Minimum Wages All laborers 1 (a) mechanics and 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 1 made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph (d) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period (29 CFR 5.5(a) (1) (I)). Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage scale, except as provided in paragraph B-4 of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, however, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(s) (including any additional classifications and wage rates conformed under subparagraph (b) of this section) and the Davis -Bacon poster shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and readily accessible place where it can easily be seen by the workers. (b) (1) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably to the wage determination. Approval will be given for an additional classification and wage rate, and fringe benefits therefore, only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -2 I I (2) If the Contractor and the laborers and mechanics to be representatives, and the U 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 Siloam Springs Airport Commission shall send the questions, including the views of all interested • parties and the recommendation of the sponsor, to the FAA to be referred, with the • recommendation of the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or I 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.) I(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 I 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. Withholdina: FAA from Sponsor pursuant to the terms of the grant agreements between the United States and the City of Fayetteville relating to Airport Improvement FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -3 I�' I Program Number 3-05-0020-038-2009 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the Siloam Springs Airport Commission so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice, trainee, or helper employed or working on the site of the work all or part of the wages required by this contract, the FAA may after written notice to the Siloam Springs Airport Commission take further action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased (29 CFR 5.5 (a)(2). I B_3. Payrolls and Basic Records (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2) of the Davis -Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5 (a) (1) (iv) (see sub -paragraph (d) of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs (29 CFR 5.5 (a)(3)(I)). 1 (b) (1) The Contractor will submit weekly a copy of all payrolls to the Siloam Springs Airport Commission for availability to the FAA, as required by paragraph 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll shall be accompanied by a "Statement of Compliance", signed by the employer or his agent who pays or supervises the payment of persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be maintained under paragraph B-3 (a) above and that such information is correct and complete. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -4 I I (ii) That each laborer and mechanic, including each helper, apprentice and trainee, employed on the contract during the payroll period has been paid the full ' weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3. I(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. '• (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph B-3 (2) of this section. (4) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 or Title 18 and Section 231 of Title 31 of the United States code. (c) The Contractor will make the records required under the labor standards clauses of the I contract available for inspection, copying or transcription by authorized representatives of the sponsor, the FAA and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I(d) If the Contractor or subcontractor fails to submit the required records or to make them available, the FAA may, after written notice to the sponsor or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. J I I I Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 (29 CFR 5.5 (a) (3) (ii)). B-4 Apprentices and trainees (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentice to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate determined by the Secretary of FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -5 1 I Labor for the classification of work he actually performed. In addition, any apprentice Pp performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of the fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of the apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CFR 5.5 (a) (4) (1)). (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on the job site shall be not greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administration of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides the less than full fringe benefits for apprentices. Any employee listed on the payroll at the. trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate ' on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CFR 5.5 (a) (iii)). FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -6 1 I L I I I I I I I I I 1 I I (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this paragraph shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30 (39 CFR 5.5 (a)(4)(iii)). (d) Application of 29 CFR Part 5.5 (a)(4). On contracts in excess of $2,000 the employment of all apprentices and trainees as defined in 29 CFR 5.2 (c) shall be subject to the provisions of 29 CFR Part 5.5 (a)(4) (see paragraph B-4 (a), (b) and (c) above). (e) Enforcement. (1) The FAA shall promulgate the necessary regulations or procedures, for federally assisted construction programs for which it does not contract directly, necessary to insure that contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his subcontractors have complied or there is substantial dispute with respect to the required provisions (29 CFR 5.6 (a)(1)). (ii) Enforcement activities, including the investigation of complaints of violations, to insure compliance with the requirements of these provisions shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to ensure consistent enforcement of the requirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. B-5. Compliance with Copeland Regulations. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5 (a) (5) ). BB=6. Compliance with Davis -Bacon and Related Acts Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. B-7. Disputes concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CRF Parts 5, 6, and 7. Disputes within the meaning of this clause include sponsor, the U.S. Department of Labor, or the employees or their representatives. B —S. Certification of Eligibility. (a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (2) (1). FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -7 r (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or CFR 5.12(a) (1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. B-9. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of 8 hours in any calendar day or inexcess of 40 hours in such work week unless such laborer or mechanic received compensation at a rate not less than 1-1/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be (29 CFR 5.5 (c)(1)). I B-10. Violations, Liability for Unpaid Wages, Liquidated Damages. In the event of any violation of paragraph B-6 of this provision, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said paragraph B-6 of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard work week of 40 hours without payment of the , overtime wages required by said paragraph B-6 of this provision (29 CFR 5.5 (c)(2)). B-11. Withholding for Unpaid Wages and Liquidated Damages, and Priority of Payment. The FAA or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under such contract or any other Federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph B-7 of this provision (29 CFR 5.5 (c) (3)). ' B- 12. Working Conditions. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926; 37 F.R. 27503) issued by the Secretary of Labor. B-13. Subcontracts. The Contractor will insert in each of his subcontracts the clauses contained in paragraphs B -I through B-i l 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 FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -8 I I I I I I I 7 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: CC1. 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, I advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. C-4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. ' 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 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. ' CC=6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, I terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -9 �J I 1965, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. CC7. The Contractor will include the portion of the sentence immediately preceding C-1 and the provisions of paragraphs C-1 through C-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a Contractor becomes involved, in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SECTION D (HEALTH AND SAFETY REQUIREMENTS) D-1. It is a condition of this Contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the Contractor shall not require any laborer or mechanic employed in performance of the contract work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under Construction I 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 1 energy sources, the Contractor shall submit a copy of their Lockout/Tagout program which meets the requirements of 20 CFR 1910.331, Safety Related Work Practices (OSHA). During the performance of electrical work, it is recommended that an unannounced inspection be performed by the airport sponsor or his agent to determine if the Lockout/Tagout program is being followed. Immediate action shall be taken to correct noncompliance, including suspension of work when necessary. 1 SECTION E (AIR AND WATER QUALITY STANDARDS) ' Ei. 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. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -t0 I I I I I I I I I I I I I H L I I E 22. 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)) [j. 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); (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,F2. 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 FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -11 I I $10,000 the provisions of these Specifications and the notice which contains the applicable goals for pP minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1 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. I FF=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 theprovisions of any collective bargaining agreement nor the failure by a union g g g 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. FF=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. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -12 1 I I L I I I I I I I C I 1 1 (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. (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. FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -13 1 (1) 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 minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. F-8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a Contractor association, joint Contractor -union, Contractor -community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -14 1 1 1 1 I I I I I I 1 I I I I d I I I C J I comply however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. F-9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). F-10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. F-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 provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. F-15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations- 15 I I SECTION G (DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS) G_I . Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged P g 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 I enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. GG=3. Compliance. All bidders, potential Contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Owner. GG=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. I (a) The award selection procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45 (1) to ensure that prime contracts are awarded to competitors that meet I Disadvantaged Business Enterprise (DBE) goals. (b) Notification is hereby given that DBE contract goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individual is 10 percent of the dollar value of this contract. (c) After opening of bids, the apparent successful bidder will be required to submit the names and addresses of DBE firms that will participate in the contract along with a 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 I 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 FY082153 Hwy. 7I Relocation Wage, Labor, EEO & Safety Regulations -16 1 Li 1 I I I I I I I 1 I [1 I ri L I I I FY082153 Hwy. 71 Relocation Wage, Labor, EEO & Safety Regulations -17 1 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. FEDERAL WAGE DECISION 7 iJ I I I I u I I u I n I I I I IGENERAL DECISION: AR20080066 12/05/2008 AR66 IDate: December 5, 2008 General Decision Number: AR20080066 12/05/2008 1 State: Arkansas Construction Type: Highway I Highway Construction County: Washington County in Arkansas. IHIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for I commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 12/05/2008 ISUAR2008-020 11/19/2008 I Rates Fringes CARPENTER, Including Form Work.. .$ 11.50 0.00 CEMENT MASON/CONCRETE FINISHER.. .$ 11.22 0.00 I ELECTRICIAN, Including Traffic Signal Installation ...$ 13.31 2.39 ' IRONWORKER, Structural and Reinforcing.. ..$ 13.62 0.00 LABORER: Asphalt Raker ..........$ 11.18 0.00 I LABORER: LABORER: Asphalt Spreader .......$ Common or General ......$ 12.07 9.24 0.00 0.00 LABORER: Cone Setter ............$ 10.71 0.00 LABORER: Flagger................$ 11.11 0.00 I LABORER: Grade Checker . .$ 12.11 0.00 LABORER: Mason Tender Cement/Concrete ........$ 10.32 0.00 I LABORER: Pipelayer..............$ 10.03 0.00 OPERATOR: Asphalt Paver .........$ 12.64 0.00 OPERATOR: Asphalt Plant .........$ 13.86 0.00 ' OPERATOR: Asphalt Roller ........$ 11.69 0.00 OPERATOR: Asphalt Spreader......$ 15.40 0.00 ' OPERATOR: Blade/Grader 13.48 0.00 OPERATOR: ..........$ Broom. .$ 9.49 0.00 OPERATOR: Bulldozer .............$ 14.16 0.00 I OPERATOR: Cherry Picker .........$ 11.32 0.00 W:\2008\082I53-Hwy 71 Drake\Specs\AR20080066 Highway Wage.doc 1 1 OPERATOR: Concrete Batch Plant..$ 15.40 0.00 OPERATOR: Concrete Finishing Machine. ..........$ 11.62 0.00 OPERATOR: Concrete Pump, Truck Mounted..........$ 11.00 0.00 OPERATOR: Crane .................$ 14.63 0.00 OPERATOR: Drill .................$ 19.09 0.00 OPERATOR: Mechanic ..............$ 13.96 0.00 OPERATOR: Milling Machine .......$ 12.50 0.00 OPERATOR: Oil Distributor .......$ 11.95 0.76 OPERATOR: Oiler .................$ 12.17 0.00 OPERATOR: Roller (Dirt and Grade Compaction).....$ 9.93 0.00 OPERATOR: Scraper ...............$ 13.81 0.00 OPERATOR: Screed ................$ 13.81 0.00 OPERATOR: Tractor ...............$ 12.43 2.13 OPERATOR: Transfer Material Machine ...............$ 11.73 0.00 OPERATOR: Trencher ..............$ 12.98 0.00 OPERATOR: Backhoe/Excavator/ Trackhoe. ......$ 12.25 0.00 OPERATOR: Concrete Paver .........$ 15.88 0.00 OPERATOR: Front End Loader .......$ 14.90 0.00 OPERATOR: Highway/Parking Lot Striping Machine .......$ 9.31 0.00 OPERATOR: HYDRO MULCH AND HYDROSEEDER ............$ 12.02 0.00 PAINTER Brush, Roller and Spray) .................$ 19.10 0.00 TRUCK DRIVER .....................$ 11.17 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. I= === = = ==== = ===== = = ====== ==== = = === = ===== = = = == = = == Unlisted classifications needed for work not included within the ' scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)) . -------------------------------------------------------------------- ' In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations W:\2008\082153 -Hwy 71Drake\Specs1AR20080066 Highway Wage.doc 1 I Iindicate unions whose rates have been determined to be prevailing. ------------------------------------------ ' WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in he matter? This can I be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the I 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 I Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations I Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. I 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: IWage and Hour Administrator U.S. Department of Labor ' 200 Constitution Avenue, N.W. Washington, DC 20210 I 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. W:'2008\082153 -Hwy 71 Drake\Specs1AR20080066 Highway Wage.doc 1 I 1 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative I Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board I U.S. Department of Labor 200 Constitution Avenue, N.W. I Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1 1 I 1 1 1 1 1 1 i 1 W:120081082153 -Hwy 71 Drake\Specs1AR20080066 Highway Wage.doc 1 GENERAL DECISION: AR20080215 01/02/2009 AR215 Date: January 2, 2009 General Decision Number: AR20080215 01/02/2009 State: Arkansas Construction Type: Heavy Heavy Construction County: Washington County in Arkansas. Modification Number Publication Date 0 01/02/2009 ENGI0624-003 01/01/2009 Rates Fringes Operating Engineer: Roller (Dirt and Grade Compaction) .................$ 22.00 9.80 PAIN0424-007 07/01/2008 Rates Fringes PAINTER: Brush & Roller Only... .$ 15.84 5.34 SUAR2008-169 11/21/2008 Rates Fringes CARPENTER ........................$ 12.94 0.00 CEMENT MASON/CONCRETE FINISHER .$ 11.00 0.68 ELECTRICIAN ......................$ 20.61 3.92 IRONWORKER, REINFORCING ..........$ 17.38 0.00 LABORER: Common or General ......$ 9.94 0.00 LABORER: Mason Tender Cement/ Concrete ...............$ 11.67 0.00 LABORER: Pipelayer..............$ 9.78 0.00 OPERATOR: Bulldozer .............$ 14.33 1.75 OPERATOR: Crane .................$ 19.26 0.00 OPERATOR: Mechanic ..............$ 17.25 0.00 OPERATOR: Piledriver............$ 17.21 0.00 OPERATOR: Scraper ...............$ 9.00 0.00 OPERATOR: Tractor ...............$ 11.13 0.00 OPERATOR: Trencher ..............$ 14.76 0.00 W.\2008\082153 -Hwy 71Drake\Specs\AR20080215 Heavy Wage.doc Li 1 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 16.00 0.00 '• OPERATOR: Front End Loader ...........$ PAINTER (Spray).......... ..$ 12.94 20.15 0.00 3.50 TRUCK DRIVER .....................$ 9.00 0.00 ----------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. I Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii) ) . IIn the listing above, the "SW' 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 he matter? This can 1 be: * an existing published wage determination I * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests I 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 I 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. IWith regard to any other matter not yet ripe for the formal Process described here, initial contact should be with the I Branch of Construction Wage Determinations. Write to: W:\2008\082153 -Hwy Mrake\Specs1AR20080215 Heavy Wage.doc I LI 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 I 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 I the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an I 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. 1 END OF GENERAL DECISION I W:\2008\082153 -Hwy 71 Drake\Specs\AR20080215 Heavy Wage.doc 1 LI I LI I I I I 1 I I I I I I I I I FAA GENERAL PROVISIONS I SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or I 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 I maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. ' 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. I 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. I L I 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 th e FY082153 Hwy. 7I Relocation General Provisions -1 I I 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, I LI I I I I I I I I I I I 1 I I FY082153 Hwy. 71 Relocation 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 may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. t 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. I10-28 MATERIALS. Any substance specified for use in the construction of the contract work. I 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 1 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, I considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 1 FY082153 Hwy. 71 Relocation General Provisions -3 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development gr p p g p rpo 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. I 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 1P p p g 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 theportion of the ai p iP r 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. 1 FY082153 Hwy. 71 Relocation General Provisions -4 I 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or g Y� Y� 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. n I I Li] I I I 1 Li] I I END OF SECTION 10 FY082153 Hwy. 71 Relocation General Provisions -5 I I 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. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. I I C I I I I I I I I I I P1 FY082153 Hwy. 71 Relocation General Provisions -6 I 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 I 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 I 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 t 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 Ihereinafter 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 I 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 I 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 I furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms I 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 I furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. 1 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. FY082153 Hwy. 71 Relocation General Provisions -7 F] 1 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: 1 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. 1 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 1 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 FY082153 Hwy. 71 Relocation 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 FY082153 Hwy. 71 Relocation General Provisions -9 G. SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal 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 I 1 I I I I I I 1 I 1 I I FY082153 Hwy. 71 Relocation General Provisions -10 I Li I I I r I I I I I I 1 1 I J I 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 FYo82153 Hwy. 71 Relocation General Provisions -11 SECTION 40 ' IIi!LIJE1 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. C C r r I I I n I I I I 7 FY082153 Hwy. 71 Relocation General Provisions -12 Li 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. 1 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 I 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. I40-06 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 FY082153 Hwy. 71 Relocation General Provisions -13 C inplace, reused in the work or to remain inplace. 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 I 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. I 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. I FY082153 Hwy. 71 Relocation 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 FY082153 Hwy. 71 Relocation General Provisions -15 1 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within 1 reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's I 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. 1 FY082153 Hwy. 71 Relocation General Provisions -16 I I I I El I I I IT] I I I I I I I CSI I 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. FY082153 Hwy. 71 Relocation General Provisions -17 I 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing I 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. 1 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 1 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. FY082153 Hwy. 71 Relocation General Provisions -18 I I Li I I Li 'I I I I 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 may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. I 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. I50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and I effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. 1 I I I 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. FY082153 Hwy. 71 Relocation 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 maybe 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. FY082153 Hwy. 71 Relocation 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. I I I I I I I I Li I IT] END OF SECTION 50 FY082153 Hwy. 71 Relocation General Provisions -21 I I SECTION 60 , CONTROL OF MATERIALS I 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. I 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. 1 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. FY082153 Hwy. 71 Relocation General Provisions -22 I Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection 1 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: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. • Should the Contractor propose to 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 I 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. FY082153 Hwy. 71 Relocation General Provisions -23 I I 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner -furnished materials shall be included in the unit price bid for the contract item in which such owner -furnished material is used. After any owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner -furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner -furnished materials. END OF SECTION 60 I n I I Li 1 I 1 I I t I I I I FY082153 Hwy. 71 Relocation General Provisions -24 I SECTION 70 ' LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70--1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. I70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility I 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. Li FY082153 Hwy. 71 Relocation General Provisions -25 I I 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized 1 representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. I 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 1 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 MARK NGS. 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 1 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). 1 I FY082153 Hwy. 71 Relocation 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, I 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. I 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. IOpen -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall ' be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to I protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport 1 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. I FY082153 Hwy. 71 Relocation General Provisions -27 I When or where any director indirect damage or injury is done topublic orprivate property by or on g JrY P p Y account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part o€ 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 ofthe 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 I by the owner as described below: Phase or Required Date or Sequence Work Shown 1 Description of Owner's Beneficial Occupancy on Plan Sheet Apron Connection - I 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. I FY082153 Hwy. 71 Relocation General Provisions -28 I LI I I I I I I I I I I [1 I I I I I I No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until. the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: FY082153 Hwy. 71 Relocation General Provisions -29 I t Utility Service Person to Contact Owner's Emergency or Facility Taxiway & Runway (Name, Title, Address, Phone) Mr. Ray Boudreaux Contact (Phone) 1-479-718-7642 Fayetteville, AR Electricity AR Valley Electric 1-800-468-2152 1 Telephone Century Tel 1-800-201-4102 Gas Arkansas Oklahoma Gas 1-479-738-3181 Water Water Department I 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 ofthis section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the ' Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written I 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. FY082153 Hwy. 71 Relocation General Provisions -30 I I I I I I I I LII I I I 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 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, I chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. I I I FY082153 Hwy. 71 Relocation General Provisions -31 I I 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, I structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 ' I I I I I I I I I FY082153 Hwy. 71 Relocation General Provisions -32 I I I I 1 I I I I I 1-1 I I SECTION 80 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 1 which the notice to proceed is issued by the owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. ' When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR I 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. FY082153 Hwy. 71 Relocation General Provisions -33 LI When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA Time Periods Type of Control I Not Applicable 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. 1 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 I shall be used unless others are authorized by the Engineer. Ifthe 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 I time as a result of authorizing a change in methods or equipment under this subsection. FY082153 Hwy. 71 Relocation General Provisions -34 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 may be reimbursed for actual money expended on the work during the period I 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. IIf 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 anyway. 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. j80-07 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 I 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 I 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, I8 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 FY082153 Hwy. 71 Relocation General Provisions -35 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 I 1 I I 1 I I I 1 I Lii I I I I I I FY082153 Hwy. 71 Relocation General Provisions -36 1 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. I80-08 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 textensions 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 I 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 Ib. 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 Ic. 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 Id. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or ' f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or I 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 Ii. For any other cause whatsoever, fails to carry on the work in an acceptable manner. I I FY082153 Hwy. 71 Relocation General Provisions -37 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 FY082153 Hwy. 71 Relocation General Provisions -38 I I I I I I I I I I II I I I [1 I I SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. 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 FY082 153 Hwy. 71 Relocation General Provisions -39 I LI purposes. Factors for conversion from weight measurement to volume measurement will payment � be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60 F or will be corrected to the volume at 60 F using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in 1 the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. 1 The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. 1 When a complete structure or structural unit (in effect, [lump sums 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. 1 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 FY082153 Hwy. 71 Relocation General Provisions -40 I I I I I L nominal rated capacity of the scale, but not less than I pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 -pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighing -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the I weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. I 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. I I I 1 I 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 ofwhatever 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 ofpayment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled FY082153 Hwy. 71 Relocation General Provisions -41 I ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non -perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. I I I L1 1 I I I I I I I 1 I I I 1 FY082153 Hwy. 71 Relocation General Provisions -42 1 I (3) Quantities of materials, prices, and extensions. I (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. 1 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 I 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 I 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 I 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. IWhen 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 I. 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. IIt is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by ' approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. FY082153 Hwy. 71 Relocation General Provisions -43 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. Li C I I I I I I I I I P1 LI FY082153 Hwy. 71 Relocation General Provisions -44 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 quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 FY082153 Hwy. 71 Relocation General Provisions -45 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 GENERAL. The Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that I 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, FY082I53 Hwy. 71 Relocation General Provisions -46 1 I Li I I I 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 I shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. I I I H I I I 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. FYQ82153 Hwy. 71 Relocation General Provisions -47 r I Additional qualifications for the Program Administrator shall include at least I of the following requirements: (1)Professional engineer with I 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 Certification in Engineering Technologies (NICET). (5)Highway materials technician certified at Level III by NICET. (6)Highway construction technician certified at Level III by NICET. (7)A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway to and/or airport paving experience acceptable the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with tie contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at,the job site within 2 hours after being notified of a problem. b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. 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. I nII LI LI LI L I C LI C LI I I I I FY082153 Hwy. 71 Relocation General Provisions -48 LI c. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. has a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis; or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract • 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all • submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: I I Li I u I u I I I a. Specification item number; b. Item description; c. Description of submittal; d. Specification paragraph requiring submittal; and e. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. Al! 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 FY082153 Hwy. 71 Relocation General Provisions -49 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; I 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 U shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. IThe 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 I 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 I Program the personnel assigned shall be subject to the qualification requirements of paragraph 100- 03a and I 00-03b. The organizational chart shall indicate which -personnel are Contractor employees and which are provided by an outside organization. IThe 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 FY082153 Hwy. 71 Relocation General Provisions -47 1 I Additional qualifications for the Program Administrator shall include at least I of the following �' g requirements: 1 Professional engineer with 1year of airport paving experience acceptable to the Engineer. () g rP P eP g� (2)Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. 1 (3)An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4)Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). (5)Highway materials technician certified at Level III by NICET. 1 (6)Highway construction technician certified at Level III by NICET. (7)A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway to and/or airport paving experience acceptable the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with tie contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at,the job site within 2 hours after being notified of a problem. b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. 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. I (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. FY082153 Hwy. 71 Relocation General Provisions -48 P1 I c. Staffmg 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 100-0S SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: I I I C P1 C I I P1 a. Specification item number; b. Item description; c. Description of submittal; d. Specification paragraph requiring submittal; and e. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by, the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the, following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. b. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure FY082 153 Hwy. 71 Relocation General Provisions -49 I that all such operations are in conformance to the technical specifications, and are within the plan P P � 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); £ 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 I 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 FY082153 Hwy. 71 Relocation General Provisions -50 J I I I 7 I I I Li n I I I I I L 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. FY082153 Hwy. 71 Relocation General Provisions -51 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. I I I r J L ri I (2). Order the Contractor to stop operations until appropriate corrective actions is taken. END OF SECTION 100 I LJ� r FY082153 Hwy. 71 Relocation General Provisions -52 I I I SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) I I I I I I I C I I I I L 110-01 GENERAL. When the specifications provide for material to be sampled and tested on a statistical basis, the material will be evaluated for acceptance in accordance with this section. All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot, that is within specification limits. This concept, termed percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U for upper) for the particular acceptance parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or Qu for Upper Quality Index) is computed and the PWL for the specified n is determined from Table 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=(Xi+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. = [ (d12 + d22 +d32 + ... dn2) / n-1 ] 1/2 Where: = Sample Sn standard deviation of the number of sublot values in the set d1, d2 = deviations of the individual sublot values X1, X2. . . from the average value X FY082153 Hwy. 71 Relocation General Provisions -53 I I 1 that is d 1= (x i - X), d2 = (x2 - X).. d„ = (X„ - X) n = number of sublots f. For single sided specification limits (i.e., L only), compute the Lower Quality 1 Index QL by use of the following formula: QL = (X-L)/S„ 1 Where: L = specification lower tolerance limit I Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements, If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double sided specification limits (ie. L, and U), compute the Quality Indexes QL and Qu by use of the following formulas: QL=(X-L)/S„ and QU=(U-X)/S„ Where: L and U = specification lower and upper U tolerance limits 1 Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below PU for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or Pu. Determine the PWL by use of the following formula: PWL = (Pu + PL) - 100 1 Where: ' PL = percent within lower specification limit Pu = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project I Test Item: Item P-40 1, Lot A. A. PWL Determination for Mat Density. ' FY082153 Hwy. 71 Relocation General Provisions -54 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 2. Calculate average density for the lot. X = (X1+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. S„ = [(96.60 -97.95)2+(97.55-97.95)2+(99.30-97.95)2+(98.35-97.95)2)/4- 1)1/2 S„ _ [(1.82+0.16-1-1.82+0.16)/3 ]112 S„ = 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X-L)/S,, 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 FY082153 Hwy. 71 Relocation General Provisions -55 2. Calculate the average air voids for the lot. X (xI+x2+x3.n)/n X= (5.00+3.74+2.30+3.25)/4 X = 3.57 percent 3. Calculate the standard deviation Sr, for the lot. S„ = [ (3.57-5.00)2 + (3.57-3.74)2 + (3.57-2.30)2 + (3.57-3.25) )214-1) ]112 S=[(2.04+0.03 + l.62+0.10)/3]112 S„= 1.12 4. Calculate the Lower Quality Index QL for the lot (L=2.0) QL= (X-L)S„ 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 6. Calculate the Upper Quality Index Qu for the lot (U=5.0) Qu= (U -X)/ S„ Qu = (5.00-3.57)11.12 Qu = 1.2702 7. Determine Pu by entering Table with Qu = 1.27 and n=4. Pu = 93 FY082153 Hwy. 71 Relocation General Provisions -56 8. Calculate Air Voids PWL PWL = (PL + PU) - 100 PWL=(97+93)- 100=90 1 FY082153 Hwy. 71 Relocation General Provisions -57 I I TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN -LIMITS (PWL) PasitMe Values of 0 Pmeent 1WNiin Limits (PWU, P, and Po n�3 n-♦ n-5 n-6 n+7 n-6- 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 8.8966 0.8928 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1613 0.1592 55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 53 0.1087 0.0900 0.6843 0.0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 50 0.0 0.0 0.0 0.0 0.0 0.0 I I I �I n LI I I I I LI 1 I 1 I I FY082153 Hwy. 71 Relocation General Provisions -58 I Li I TABLE I. TABLE FOR ESTIMATING PERCENT,OF LOTWITHIN LIMITS (PWL) Pwcont Within Limits (PWU, P, end Po Negative Values of 0 10, ana 0u1 n.3 n-4 ..s n-8 n-7 n .8 49 -0.0353 -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 1 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 33 -0.5563 -0.5878 -0.4800 -0.5100 -0.4545 -0.4836 -0.4424 -0.4710 -0.4354 -0.4638 -0.4310 -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 16 -0.9939 -1.0119 -0.9900 -1.0200 -0.9785 -1.0124 -0.9715 -1.0071 -0.9672 -1.0037 -0.9643 -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 12 -1.0597 -1.0736 -1.1100 -1.1400 -1.1173 -1.1537 -1.1191 -1.1587 -1.1199 -1.1613 -1.1204 -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 1 I FY082153 Hwy. 71 Relocation General Provisions -59 I I I I I I I ri I I L I I I I I I I I SPECIAL PROVISIONS I I I I I Ii H I I I I I I I I I I SPECIAL PROVISIONS GENERAL. The GENERAL PROVISIONS presented hereinbefore are basically a presentation of FAA's (the primary funding agency's) standards. These SPECIAL PROVISIONS, where in conflict with the GENERAL PROVISIONS, shall supersede and take precedence over the GENERAL PROVISIONS. Otherwise, the GENERAL PROVISIONS shall govern the work to which they apply. DESCRIPTION OF THE PROJECT. The work to be performed under this Project includes the I furnishing of all equipment, materials, and incidental items, and performing all labor required to construct the Highway 71 and Lancaster Drive relocation work including perform stripping, I excavation, embankment, drainage, base material, pavement, curb and gutter, maintenance of traffic, culverts, fencing, grading and seeding. 1 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 disruption of Airport Operations 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 100 feet of any Taxiway. I Additional safety and construction requirements are listed hereinafter in these SPECIAL PROVISIONS under the sub -heading SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES. 1 I I I I I [1 I 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" FAA Advisory Circular 150/5370-2E (See Appendix A). These safety requirements shall govern the construction process within the Airport Security fence. 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 FY082153 Hwy. 71 Relocation Special Provisions -I Li 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. The Contractor shall install a temporary construction fence at the limits of the regarding for the abandoned portion of Highway 71. 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 taxiways longer for by runway and are no required use 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 1 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) 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 I 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 I critical phases of the work to insure that the Contractor is following the required safety procedures. 1 Construction Procedures (a) Order of Work. The construction items for the regarding of the Runway Safety Area inside the existing Airport Security fence shall be completed last. The purpose of this sequence is to limit the disruption of aircraft operations and at the same time to minimize any airfield conflicts. This order of work is a suggested schedule, subject to variations; such variations can be approved by the Engineer. FY082153 Hwy. 71 Relocation Special Provisions -2 I I (1) Legal Holidays. Holidays, during the Work shall be at the discretion of the Contractor including Sunday. y (b) Clean -u. 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 I 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. (c) Working Hours. Day: Working hours for the Work are at the discretion of the Contractor. IEntrance, Parking Area and Security. Forces of the Contractor and the Engineer shall enter and leave at the Airport Security Fenced area only at the gate locations. 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 Iremain 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. The Contractor shall store his equipment non -working hours at locations approved during g pp by Ithe Airport Manager within the airport property close to the project sites. Schedule of Work. The schedule of each day work within the Airport Security Fence 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 airport be in use by aircraft at the all times. •' 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; I FY082I 53 Hwy. 71 Relocation Special Provisions -3 I (2) to determine whether the work done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; I (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; 1 (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; I (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; I (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 1 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 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; 1 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 I thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. FY082153 Hwy. 71 Relocation Special Provisions -4 I I I I I I I I I I I H I I I I I I I 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 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 LI FY082153 Hwy. 71 Relocation Special Provisions -5 I 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. 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 I I I I I I I I I I I I I I 1 I I FY082153 Hwy. 71 Relocation Special Provisions -6 I 1 I 1 I I below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workman's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Haborworker's Act and the Federal Jones Act. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. 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 I damage shall be on a "broad form" basis with no exclusions for "XC & U". Amount of insurance to be provided shall be as shown below: I I I I Contractor's Comprehensive General Liability Insurance For not less than the following limits of liability: Bodily Injury: $1,000,000 each occurrence $500,000 aggregate Property Damage: $500,000 each occurrence $250,000 aggregate Include the following coverage: 1 o Waiver of all "XCU" exclusions. I o Broad Form Property Damage and Personal Injury Liability. o Independent Contractor's Coverage [.] 1 I 2. Contractor's Comprehensive Automobile Liability Insurance For not less than the following limits of liability: Bodily Injury: $ 500,000 each person $1,000,000 each occurrence IFY082153 Hwy. 71 Relocation Special Provisions -7 I Property Damage: $ 500,000 each occurrence OR Bodily Injury and Property Damage: $1,000,000 combined single limit each P Y g P� occurrence. Include Hired car and Non -Ownership Coverage. In e C g 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 I 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 engineers, and each of their officers, agents, and employees as additional insured under that policy, I said policy to protect said parties from claims which may arise from operations under the Contract. Limits of policy coverage shall be: 1 Bodily Injury: $ 500,000 each person $1,000,000 aggregate Property Damage $ 250,000 each person $ 250,000 aggregate OR 1 $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 I conditions, when required, shall be provided as set forth in these SPECIAL PROVISIONS. FY082153 Hwy. 71 Relocation Special Provisions -8 ' I 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 I 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, I provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnity in the design, or by the sole negligence of any indemnity in the observation of the Work that is the subject of this construction Contract. I I I I I I I I I I I 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 maybe liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. The above named limits shall be operative except where, in the opinion of the Owner, the character of the work and hazards involved warrant the establishment of greater coverage (established by letter from the Owner to the Contractor). The Contractor shall furnish the Owner with duplicate copies of all policies or certificates from insuring agencies as evidence that these requirements have been satisfied. It shall be the entire responsibility of the Contractor to purchase and place in effect during the entire life of the Project, all insurance and bonds as applies to the Project and is requested herein. 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. FY082153 Hwy. 71 Relocation Special Provisions -9 I Third Party Coverage The bidding documents require the contractor to name the engineer and the Owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium, for the named Owner and Engineer, above the premium for the coverage shown in the Certificate of Insurance submitted with the bid. The additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract under Bid Item No. I-36. Surety and Insurer Qualifications All bonds, insurance contracts, and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company, having his place of business in the State of Arkansas, and in all way complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. SUBCONTRACTORS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner, nor shall the Contractor allow such Subcontractor to commence work until he has provided and obtained approval of such compensation and General Liability insurance as maybe required under the laws of the State. The approval of such Subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be used by the Contractor for the use of his employees, subcontractors, suppliers, etc. in gaining routine access to 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." I I I I I I I I I I I I I 1 I I FY082153 Hwy. 71 Relocation Special Provisions -l0 E] 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. IWhenever 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 I 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. I PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL PROVISIONS do not apply to this project. The entire project is to be satisfactorily completed and ready for the Owner's use before acceptance. PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is emphasized. Within 7 days following execution of the Contract, the Contractor shall provide the Engineer with a suggested progress schedule for the project. The schedule shall be subject to approval by the Engineer. At least monthly, generally in conjunction with the processing of requests for partial payment, the Engineer and Contractor shall review the progress schedule, assess whether the project is on schedule, and adjust the schedule as necessary to maintain the required project completion date. Alterations to the progress schedule may require that the Contractor implement a larger work force I 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. ICONTRACTOR TO PERFORM CONSTRUCTION STAKING. Special attention is called to the fact that the Contractor will be required to perform his own construction staking. The Engineer, however, will provide a reference line for project alignment and a temporary benchmark from which the Contractor may work. Thereafter it will be the Contractor's responsibility to set all grade hubs (blue tops), clearing stakes, slope stakes, etc. The Contractor shall verify all grades and dimensions as shown on the Plans, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. The Contractor will I 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. I 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. IWORK 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. IPRESERVATION 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 FY082153 Hwy. 71 Relocation Special Provisions -I1 I of the same, he will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or benchmarks which must of necessity be removed or disturbed in the construction of the work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also furnish at his own expense such materials and assistance as is 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 I 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. I If any part of the Contractor's Work depends on proper execution or results upon the Work of any such other contractor (or Owner), the Contractor shall inspect and promptly report to the Engineer in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other Work as fit and proper for the relationship of his Work except as to defects and deficiencies, which may appear in the other Work after the execution of this Work. The Contractor shall do all cutting, fitting and patching of his Work that maybe 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 I 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 I or after completion of the Work, for publication or for advertising purposes without the prior written consent of the Owner and the Engineer. FY082153 Hwy. 71 Relocation Special Provisions -12 1 I I I I I J I I I I I I I Li I I 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 C 150", "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 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. IFY082153 Hwy. 71 Relocation Special Provisions -13 I I (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 1 three (3) sets of Plans and Specifications to permit the Contractor to construct the project. The Contractor shall, compensate the Engineer with payment of Seventy-five dollars ($75.00) per set of documents required in addition to the three sets. OWNERSHIP OF ENGINEERING DATA. All Specifications, Plans and copies thereof furnished by the Engineer shall remain his property. They shall not be used on another Project, and, with the exception of those sets, which have been signed in connection with the execution of the Construction Contract, shall be returned to him on request upon completion of the Project. ' PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS. Separate sheets of the Plans and/or Specifications will not be available to subcontractors, suppliers and material dealers for their convenience at reproduction costs. However, it will be their responsibility to check their compliance with a complete set of contract documents prior to executing the Work to insure a complete and satisfactory interface with other contractors and/or subcontractors. 1 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 darns or by-passes shall be provided when found necessary or ordered by the Engineer. FY082153 Hwy. 71 Relocation Special Provisions -14 1 I 1 I I I I 1 I I SAFETY AND SECURITY. The Contractor shall comply with, and shall cause the employee and all subcontractors to abide by all safety and security laws, rules and regulations in force at the Construction Site. The provisions of the latest Associated General Contractors of America, Inc., dealing with safe practices pertaining to construction work shall be deemed to be in force at the Construction Site to the extent they do not conflict with such laws, rules, and regulations. The Engineer and the Owner shall assume no liability concerning the Contractor's safety practices, as safety on the Project will be the sole responsibility of the Contractor. FUNCTIONS OF THE ENGINEER AND RELATIONSHIP BETWEEN ENGINEER AND CONTRACTOR. The Engineer or his assigned representative will observe work on the project during the construction phases. The purposes for which such observation is conducted will be to endeavor to assure that: 1) physical limits and dimensions, as established in the Plans and Specifications, are adhered to, 2) materials and equipment installed on the project are equivalent to the type, kind, size, quantity, and quality required by the Plans and Specifications, and 3) the finished products or end results are those as established by the word and intent of the Plans and Specifications. Neither the Engineer nor his representative will attempt to instruct the Contractor or his employees or sub -contractors as to how a task is to be performed, or by whom a task is to be performed, or which machinery or equipment should be utilized to obtain the desired results. The Contractor, in submitting a bid for work herein specified, purports to be equipped and to have experienced craftsmen for the performance and construction of each and every phase of the project herein specified. In the event the Contractor does not have the necessary craftsmen in his employ, he shall sub -contract the work for which he has not the craftsmen, or he will otherwise secure the services of craftsmen who are skilled and experienced in all the specified tasks herein. The Engineer shall have the following functions: 1 (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; I(6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; I IFY082I53 Hwy. 71 Relocation Special Provisions- 15 I (7) to make decisions on all controversies arising out of the Plans and Specifications or p the refusal or failure of either party to perform any part thereof; 8 approvals ( } to give 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; 1 (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; 1 (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for decision; which he will render in writing within a reasonable time; All decisions and determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. The Engineer or his representative may inform the Contractor or his sub -contractors of circumstances which, in the opinion of the Engineer or his representative, may predict unsatisfactory results, or he may caution the Contractors, relative to safety hazards which may exist, but these efforts to assist the Contractors or to prevent accidents or problems will in no way relieve the Contractors of their responsibilities and liabilities in these regards. 1 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 maybe specified certain materials or products, which may be major components of the project or may be ancillary to major components, and which, due to their specified characteristics and/or capabilities, may be required as essential parts of the project. These materials or products are special in that they require special techniques in their application, and FY082153 Hwy. 71 Relocation Special Provisions -16 1 therefore, require experienced and skilled craftsmen. These materials or products include, but are not limited to the following: ISealants, lubricants, paints, primers, lacquers, stains, thinners, solvents, curing compounds, mastics, bitumens, tars, waterproofing agents, insulating compounds, I cementitious compounds, fillers, and epoxies. In furnishing and installing any of the above materials or products the Contractor shall be guided by and adhere to all of the manufacturer's recommendations or instructions relative to the materials or products, including but not limited to the following: Handling, storing, mixing, heating, protection from freezing, application, protection after application, protection of workmen, and curing and preparation of surfaces prior to application. The Contractor shall be liable for any failure of such material or products as applied to conform to the characteristics and/or capabilities of each as required by the specifications. TEMPORARY FACILITIES I(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 u otherwise approved by the Owner. (b) Drinking - The Contractor shall furnish potable drinking water and disposable I cups at the job site. The drinking arrangement shall comply with applicable requirements of the Arkansas State Health Department. ' (c) Bracing, Enclosures, Protection, Etc. - The Contractor shall properly and completely brace all parts of the work as necessary during the construction of the building. When necessary for the protection of materials or work, the Contractor shall erect sheds, enclosures, temporary barricades, or temporarily enclose the openings of the building to the satisfaction of the Engineer. (d) Sanitary Facilities - The Contractor shall furnish approved chemical type toilets at the construction site for use of all workmen on the job. Toilets shall be removed at the completion of the Work. Toilets will be maintained in a sanitary condition and will be removed by him upon completion of the Work. FYo82153 Hwy. 71 Relocation Special Provisions -17 I I (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 t 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. 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. I PERMITS. LICENSES_ LAWS. ORDINANCES. REGULATIONS AND TAXES. The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The Owner shall assist the Contractor when necessary in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. ' The Contractor shall give all necessary notices, shall pay all fees required by law and shall comply with all laws, ordinances, governmental rules and regulations applicable to the Work, to labor employed on the Work, and to the preservation of the public health and safety. The Contractor shall indemnify and save harmless the Owner from and against all liability with respect to penalties and/or interest that may result from non-compliance with any such laws, ordinances, governmental rules or regulations. L FY082153 Hwy. 71 Relocation Special Provisions -18 1 LI 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 I representatives of all work during construction. The inspection work by the Owner or others shall not be construed as to relieve the Contractor of any 1 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. IEXCAVATION SAFETY. The Contractor shall be solely responsible for trench and excavation safety system in accordance with Act 291 of 1993 of the State of Arkansas and OSHA requirements. Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P = Excavation. (See Appendix "C") ' END OF SECTION H I I I ' FY082153 Hwy. 71 Relocation Special Provisions -19 l-, I ii I I I I I I FAA STANDARD SPECIFICATIONS Li I I L \I 1 ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL DESCRIPTION 156-1.1 This item shall consist of temporary control measures as required during the life of a contract to control water pollution, soil erosion, and siltation through the use of mulches, grasses, and other erosion control devices or methods. The temporary erosion control measures contained herein shall be coordinated with the permanent I erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period. I Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites. 156-1.2 Baled Straw Filter Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of Baled Straw placed in ditches around inlets and in swales and draws to impede fun -off velocity of water, and to prevent scouring and eroding of soil until permanent erosion control item can be placed. 156-1.3 Filter Fabric Barrier. Where shown on the plans or as directed by the Engineer this item shall consist of placing and securing filter fabric to the construction of a temporary wire fence and the attachment of filter fabric to impede the flow of water carrying silt to existing streams. 1 MATERIALS 156-2.1 GRASS. Grass which will not compete with the grasses sown later for permanent cover shall be a quick -growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. 156-2.2 MULCHES. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials. 156-2.3 FERTILIZER. Fertilizer shall be a standard commercial grade and shall conform to all Federal and state regulations and to the standards of the Association of Official Agricultural Chemists. I I I 156-2.4 BALED STRAW FILTER BARRIER. Straw for filter barrier shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall each weight approximately 35 pounds. Straw in an advanced state of decomposition will not be acceptable. FY082153 Hwy. 71 Relocation Section P-156-1 1 P L 156-2.5 FILTER FABRIC BARRIER. Filter fabric shall be a permeable woven or nonwoven fabric that has high strength, high dimensional high resistance to tear propagation in all directions, and shall be woven wire with sufficient strength to provide the service intended. Posts for the temporary wire fence shall be of any acceptable durable material of sufficient strength to support the wire fence and fabric when loaded with silt for the time the barrier is needed for service. The type of fastener and manner of attaching the wire fencing to posts and the fabric to the fence shall be approved by the Engineer. 156-2.5 OTHER. All other materials shall meet commercial grade standards and shall be approved by the Engineer before being incorporated into the project. CONSTRUCTION REQUIREMENTS 156-3.1 GENERAL. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, State, or local agencies, the more restrictive laws, rules, or regulations shall apply. The Contractor shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved. 156-3.2 SCHEDULE. Prior to the start of construction, the Contractor shall submit schedules for accomplishment of temporary and permanent erosion control work, as are applicable for grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the Engineer. 156-3.3 AUTHORITY OF ENGINEER. The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations, and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment. 156-3.4 PERMITTING. The Contractor shall, at least 48 hours before the start of construction, file its Notice of Intent to discharge storm water associated with the planned construction activity in accordance with the State of Arkansas NPDES General Permit ARR1 50000. The Contractor, shall developed a Storm Water Pollution Prevention Plan (SWPPP) to comply with this permit. 156-3.5 CONSTRUCTION DETAILS. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the accepted schedule. Except where future construction operations will damage slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control FY082153 Hwy. 71 Relocation Section P-156-2 I I I r I I I I I I I I l I I I r Li L features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project. The Engineer will limit the area of excavation, borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the fmish grading, mulching, seeding, and other such permanent control measures current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. In the event that temporary erosion and pollution control measures are required due to the I Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the Engineer, such work shall be performed by the Contractor at his/her I Li I I I I I n I I I J own expense. The Engineer may increase or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. The erosion control features installed by the Contractor shall be acceptably maintained by the Contractor during the construction period. Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. 156-3.6 STRAW BALE BARRIER. Bales of straw shall be keyed into the ground and securely held in place by means of staking and/or wiring or other acceptable methods that will prevent floating and /or displacement. The number of bales required and their arrangement at each installation will vary with on -site conditions. 156-3.7 FILTER FABRIC BARRIER. Filter Fabric Barrier shall be attached to the fence, temporary fence with staples or suitable wire or rope ties. The fabric toe shall be buried to secure the base. 156-3.8 MAINTENANCE OF ROADWAYS. The existing paved roadways at and adjacent to the permitted intersection locations shall be maintained in a clean and passable condition by the Contractor. When required or as requested by the Owner or the Engineer, the Contractor shall broom or wash the existing paved roadways to remove excess mud or dirt at the intersection and for a reasonable length of the existing roadway beyond the intersection. The work shall not be paid for directly, but shall be considered incidental to the other items of work and the cost included as part of the work. FY082153 Hwy. 71 Relocation Section P-156-3 I C 156-3.9 INSPECTION. The Contractor shall appoint as necessary, a qualified person(s) to conduct regularly scheduled inspections during his contract. Inspections shall be conducted, with a minimum frequency of every fourteen (14) calendar days or within 24 hours following the end of at least a 0.5 inch ('/z inch) rainfall event, whichever is earliest. During the inspection, the following areas (as a minimum) will be inspected: 1. Disturbed Areas - All areas of disturbed soil i.e. bare soil with no ground cover shall be inspected for signs of washing and erosion. 2. Material Storage Area - All central storage areas where materials/chemicals are stored for signs of spills, leaks and possible contamination. 3. Erosion and Sediment Control Measures - Inspect all erosion and sediment control measures for signs of wear, damage, remaining capacity level, usefulness, etc. 4. Discharge Locations - Immediately following, and possibly during, a significant rainfall event, inspect all discharge locations to ascertain the effectiveness of the control measures. 5. Entrance/Exit Locations - Inspect all exit points from the site for evidence of vehicle tracking. The inspector shall complete an inspection form for each inspection performed. As a minimum, the inspection form shall contain the following information: o Name and location of project. o Name and title of the inspector. o Date and time of the inspection. o Scope of the inspection. o Major observations made during the inspection. o Actions taken as a result of the inspection. 156-4.1 Temporary erosion and pollution control work required which is not attributed to the Contractor's negligence, carelessness, or failure to install permanent controls will be performed as scheduled or ordered by the Engineer. The straw bale barriers and Filter Barriers shall be measured as the number of linear feet installed. 156-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor with costs included in the contract prices bid for the items to which they apply. I r r I I I I I I J I Li I L FY082153 Hwy. 71 Relocation Section P-156-4 BASIS OF PAYMENT 156-5.1 Payment for temporary erosion and pollution control work will be made at the contract unit price per linear foot for the straw bales of filter fabric barriers. These prices shall be full compensation for furnishing all material, for all preparation, excavation, installation, and all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: Bid Item No. 9 Bid Item No. 10 FY082153 Hwy. 71 Relocation Straw Bale Barriers --per linear foot Filter Fabric Barrier --per linear foot END OF ITEM P-156 Section P-156-5 1 rT L ITEM F-162 CHAIN LINK FENCE I I I 1 1 I I I DESCRIPTION 162-1.1 This item shall consist of furnishing and erecting a chain -link fence in accordance with these specifications and the details shown on the plans and in conformity with the lines and grades shown on the plans or established by the Engineer. MATERIALS 162-2.1 FABRIC. The fabric shall be woven with a 9 -gauge galvanized steel wire in a 2 -inch mesh and shall meet the requirements of ASTM A-392, Class 2. 161-2.2 POSTS, RAILS, AND BRACES. Posts, rails, and braces furnished for use in conjunction with zinc -coated steel fabric shall be of zinc -coated steel framework. Line posts, rails, and braces shall be galvanized steel pipe conforming to the requirements of ASTM F-1083. Posts, rails, and braces shall demonstrate the ability to withstand testing in salt spray in accordance with ASTM B- 1 1 7 as follows: Exterior: 1,000 hours with a maximum of 5% red rust. Interior: 650 hours with a maximum of 5% red rust. The dimensions of the posts, rails, and braces shall be in accordance with Tables I through VI of Fed. Spec, RR -F-1 91/3 161-2.4 GATES. Gate frames shall consist of galvanized steel pipe and shall conform to the specifications for the same material under paragraph 162-2.3. The fabric shall be of the same type material as used in the fence. 161-2.5 WIRE TIES AND TENSION WIRES. Wire ties for use in conjunction with a given type of fabric shall be of the same material and coating weight identified with the fabric type. Tension wire shall be 7 -gauge marcelled steel wire with the same coating as the fabric type and shall conform to ASTM A-824. All material shall conform to Fed. Spec. RR -F-191/4. I 162-6 MISCELLANEOUS FITTINGS AND HARDWARE. Miscellaneous steel fittings and hardware for use with zinc -coated steel fabric shall be of commercial grade steel or better quality, wrought or cast as appropriate to the article, and sufficient in strength to provide a balanced design when used in conjunction with fabric posts, and wires of the I quality specified herein. All steel fittings and hardware shall be protected with a zinc coating applied in conformance with ASTM A-153. Barbed wire support arms shall withstand a load of 250 pounds (113 kg) applied vertically to the outermost end of the arm. 162-2.7 CONCRETE. Concrete shall be of a commercial grade with a minimum 28 -day compressive strength of 2500 psi. 162-2.8 MARKING. Each roll of fabric shall carry a tag showing the kind of base metal (steel, aluminum, or aluminum alloy number), kind of coating, the gauge of the wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire, and other fitting shall be identified as to manufacturer, kind of base metal (steel, aluminum, or aluminum alloy number), and kind of coating. I 1 FY082153 Hwy. 71 Relocation Section F-162 - 1 Li CONSTRUCTION METHODS 162-3.1 CLEARING FENCE LINE. All trees, brush, stumps, logs, and other debris which would interfere with the proper construction of the fence in the required location shall be removed a minimum width of 2 feet on each side of the fence centerline before starting fencing operations. The cost of removing and disposing of the material shall not constitute a pay item and shall be considered incidental to fence construction. 162-3.2 INSTALLING POSTS. All posts shall be set in concrete at the required dimension and depth and at the spacing shown on the plans. Posts shall e spaced not more than 10 feet apart and shall be set a minimum of 36 inches in concrete footings. The posts holes shall be in proper alignment so that there is a minimum of 3 inches of concrete on all sides of the posts. The concrete shall be thoroughly compacted around the posts by tamping or vibrating and shall have a smooth finish slightly higher than the ground and sloped to drain away from the posts. All posts shall be set plumb and to the required grade and alignment. No materials shall be installed on the posts, nor shall the posts be disturbed in any manner within 7 days after the individual post footing is completed. Should rock be encountered at a depth less than the planned footing depth, a hole 2 inches (50 mm) larger than the greatest dimension of the posts shall be drilled to a depth of 12 inches (300 mm). After the posts are set, the remainder of the drilled hole shall be filled with grout, composed of one part Portland cement and two parts mortar sand. Any remaining space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be made for rock excavation. 162-3.3 INSTALLING TOP RAILS. The top rail shall be continuous and shall pass through the post tops. The coupling used to join the top rail lengths shall allow for expansion. 162-3.4 INSTALLING BRACES. Horizontal brace rails, with diagonal truss rods and turnbuckles, shall be installed at all terminal posts. 162-3.5 INSTALLING FABRIC. The wire fabric shall be firmly attached to the posts and braced in the manner shown on the plans. All wire shall be stretched taut and shall be installed to the required elevations. The fence shall generally follow the contour of the ground, with the bottom of the fence fabric no less than 1 inch or more than 4 inches from the ground surface. Grading shall be performed where necessary to provide a neat appearance. At locations of small natural swales or drainage ditches and where it is not practical to have the fence conform to the general contour of the ground surface, longer posts may be used and multiple strands of barbed wire stretched thereon to span the opening below the fence. The vertical clearance between strands of barbed wire shall be 6 inches or less. Openings below the fence may also be spanned with barbed wire fastened to stakes. METHOD OF MEASUREMENT 162-4.1 FENCES. Chain -link fence will be measured for payment by the linear foot. Measurement will be along the top of the fence from center to center of end posts, including the length occupied by gates. I I I I I I I I I I El I I I I I I FY082153 Hwy. 71 Relocation Section F-162 -2 I ILYSIAWN .$Il I n Payment for chain -link fence will be made under Bid Item No. 4, P-162. Chain Link Fence, at the contract unit price per linear foot, including gates. The price shall be full compensation for furnishing all materials, and for all preparation, erection, and installation of these materials, and for all labor equipment, tools, and incidentals necessary to complete the item. I Payment will be made under: Item F-162 Chain -Link Fence -- per linear foot MATERIAL REQUIREMENTS ASTM A-121 ASTM A-123 Zinc -Coated (Galvanized) Steel Barbed Wire Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip ASTM A-153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware ASTM A-392 Zinc -Coated Steel Chain -Link Fence Fabric I ASTM A-446 Specification for Steel Sheet, Zinc -Coated (Galvanized) by the Hot -Dip Process, Structural (Physical) Quality I ASTM A-569 Steel, Carbon (015 Maximum, Percent), Hot Rolled Sheet and Strip Commercial Quality ASTM A-570 Hot -Rolled Carbon Steel Sheet and Strip Structural Quality ASTM A-824 Metallic -Coated Steel Marcelled Tension Wire for Use with Chain Link Fence ASTM B-117 Standard Test Method of Salt Spray (Fog) Testing I ASTM F-1083 Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) Welded, for Fence Structures I F. I I I I I Fed. Spec. Fencing, Wire and Post, Metal (Chain -Link Fence Posts, Top RR -F-191/3 Rails, and Braces) Fed. Spec. Fencing, Wire and Post, Metal (Chain -Link Fence Accessories) RR -F-191 /4 END OF ITEM F-162 ' FY082153 Hwy. 71 Relocation Section F-162 -3 I I SOIL STABILIZATION FABRIC 1 DESCRIPTION This item shall consist of furnishing and installing soil stabilization fabric on the aprons and taxiway subgrade as required. The soil stabilization fabric shall be placed over areas which have become too wet or soft to support the compaction of off -site borrow on the native subgrade, as directed by the I Engineer in lieu of excavation of unsuitable material and backfill with off -site borrow material. It is anticipated that only a small quantity, if any, fabric will be needed for this project. MATERIALS The soil stabilization fabric shall be equal to Fibertex Ten -2 or Mirafi 500X woven polyprophylene or Fibertex 200, Typar 3401 and TREVIRA S-1120 non -woven fabrics. Other fabrics must be approved by the Engineer upon submittals of technical data. ICONSTRUCTION METHODS The subgrade shall be cleared of all sharp objects, tree stumps, roots, and large stones that could puncture the fabric. In areas in which the fabric is to be installed, the topsoil shall be removed, and the subgrade cut to the proper grade. Fabric shall be overlapped a minimum of two (2') feet or as recommended by the manufacturer. In windy weather the soil or rocks should be placed on the fabric to hold it until the select borrow material is dumped and spread. No vehicles should be allowed to drive directly on the fabric. Following normal construction practices, trucks are used to back -dump borrow material onto the fabric. Spreading the material is best accomplished with a tracked bulldozer. Lighter weight models I are recommended for softer subgrades. Front-end loaders and motor graders should be avoided because they exert greater pressure on the subgrade. Vibratory compactors can be used, but only after reasonable compaction and rut stability have been established by bulldozer. The Contractor I shall install the fabric per the manufacturer's recommendations. Should the fabric be damaged during installation, the damaged section should be exposed and a patch of fabric placed over it. The patch should be large enough to overlap onto unaffected areas by 4 feet. The borrow material is than to be replaced and compacted. Initial compaction should be made by "walking" a tracked bulldozer back and forth over the just -spread aggregate while waiting for the next load. Do not grade down ruts; simply fill with additional material and compact. I METHOD OF MEASUREMENT I Payment for the soil stabilization fabric shall be made for the number of square yards completed and installed as measured in place excluding all laps in the fabric and acceptance of the work by the Engineer. The quantity given is to establish a unit price for this item of work. 1 FY082153 Hwy. 71 Relocation Stabilization Fabric -1 BASIS OF PAYMENT Payment shall be made according to the unit price bid in the Proposal. Payment under this item shall be full compensation for furnishing of all materials, labor, and other incidentals necessary to complete this form. Payment shall be made under: Bid Item No. 8 Soil Stabilization Fabric, per square yard. END OF SECTION FY082153 Hwy. 71 Relocation Stabilization Fabric -2 LII I I I I I I I I I I I 1 I I I I WATER AND SEWER SPECIFICATIONS 1 SECTION 02621 CEMENT -LINED DUCTILE IRON WATER PIPE AND EPDXY COATED FITTINGS PART 1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the cement -lined I ductile iron pipe and epoxy coated ductile iron fittings specified herein, and as specified further in Sections 02661 and 02662. B. Service shall include ductile iron pipe used for fire hydrant stubs and epoxy coated fittings used for water mains. 1.02 GENERAL A. See Sections 02661 and 02662, for additional requirements.. PART 2 PRODUCTS 2.01 PIPE A. Centrifugally cast, Grade 60-42-10 iron, ANSI A21.51, AWWA C-151, cement -lined and I seal-coated in accordance with ANSI A21.4, 350 psi minimum working pressure. 2.02 JOINTS A. Flanged, mechanical joint, push -on restrained joint (American Flex -Ring joint or equal), or push -on as specified in Sections 02661 and 02662 and as shown on the Drawings. IB. Joints inside casings shall be thrust restrained. ' 2.03 FITTINGS A. Gray or ductile iron, 250 psi minimum working pressure with 6-8 mil thickness of fusion I bonded epoxy applied for the exterior and interior of each fitting. Epoxy coating shall conform to ANSUAWWA C-550 and C -116/A21.16. Where taps are shown on fittings, tapping bosses shall be provided. B. Flanged: ANSUAWWA C-1 10 & ANSI B 16.1, faced and drilled 125 -pound ANSI standard. C. All buried pipe fittings 2" and larger in size shall be cast or ductile iron, mechanical joint, ' conforming to ANSUAWWA C-110 and ANSUAWWA C-111, or AWWA C-153. Megalug thrust restraints shall be used with mechanical joint fillings. The Megalug units shall be specifically designed for the type of pipe being used (PVC or ductile iron). ' 2.04 FLANGES IA. ANSI A21.15/AWWA C-115, threaded, 250 psi working pressure, ANSI 125 -pound drilling. 2.05 BOLTS 1 A. Nuts, bolts and other hardware for flanged fittings shall be stainless steel. 1 FY082153 Hwy. 71 Relocation Section 02621 - 1 I B. For mechanical joint use manufacturer's standard. 2.06 GASKETS A. Gaskets for mechanical or Flex -Ring joints shall be rubber, conforming to ANSI A2 1.11, AWWA C-111. B. Gaskets for flanged joint shall be 1/8 -inch thick, cloth -inserted rubber conforming to applicable parts of ANSI 1316.21 and AWWA C-207. Gasket material shall be free from corrosive alkali or acid ingredients and suitable for use in sewage or potable waterlines. Gaskets shall be full -face type for 250 -pound FF flanges. 1 2.07 LUBRICANT A. Lubricant for be I mechanical joint end piping shall manufacturer's standard. 2.08 TRACE WIRE 1 A. Trace wire shall be 14 gauge insulated copper wire. 2.09 POLYETHYLENE ENCASEMENT I A. Polyethylene materials for pipe encasement shall meet the requirements of ANSI/AWWA C - 105/A21.5 -82, or latest revision thereof. 1 2.10 DETECTABLE TAPE "Detect 1 A. Detectable tape shall be Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inertjacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 %2 pounds / 1 inch x 1000 feet. I The tape shall be color coded and imprinted with message as follows: Type of Utility Color Code Legend 1 Water Safety Precaution Blue Caution, Buried Water Line Below PART 3 EXECUTION 3.01 HANDLING PIPE A. Care shall be taken not to damage the cement lining when handling the pipe. 1 3.02 CUTTING PIPE A. Cut pipe with milling type cutter or abrasive saw cutter. Do not flame cut. 3.03 DRESSING CUT ENDS FY082153 Hwy. 71 Relocation Section 02621 - 2 1 A. Dress cut ends of pipe in accordance with the type of joint to be made. B. Dress cut ends of mechanical joint pipe to remove sharp edges or projections which may damage the rubber gasket. 1 C. Dress cut ends of push -on joint pipe by beveling, as recommended by the pipe manufacturer. D. Dress cut ends of pipe for flexible couplings and flanged coupling adapters as recommended by the coupling or adapter manufacturer. 3.04 MECHANICAL AND PUSH ON JOINT I I I I I A. Join pipe with mechanical or push -on type joints in accordance with the manufacturer's recommendations. Provide all special tools and devices, such as special jacks, chokers, and similar items required for proper installation. Lubricant for the pipe gaskets shall be furnished by the pipe manufacturer, and no substitutes will be permitted under any circumstances. 3.05 POLYETHYLENE ENCASEMENT A. Procedures set forth in ANSI/AWWA C-I05/A21.5-82, or latest revision, shall be followed during construction. Polyethylene encasement will be installed on all buried uncased ductile or cast iron pipe and fittings used on this project. Two layers (double wrap) of polyethylene encasement will be used at all ductile or cast iron pipe and fitting locations. 3.06 TRACE WIRE IA. Run trace wire continuous from valve box to valve box, meter box and other access points. Bring wire up inside boxes in an accessible fashion. Wrap wire around, or tape wire to each pipe section. Join wire segments by soldering or by using approved wire nuts. Pipe testing shall include following I trace wire. Any wire breaks or incomplete splices shall be repaired by the Contractor at no additional expense. Include trace wire in the price for pipe. 1 3.07 DETECTABLE TAPE A. Install detectable tape over the center of the pipe, approximately 18 -inches above the top of the pipe. 3.08 TESTING A. All pressure lines shall be hydrostatically tested. Test procedures shall be as specified in Sections 02661 and 02662. I ' END OF SECTION 02621 I I IFY082153 Hwy. 71 Relocation Section 02621 -3 n SECTION 02630 POLYVINYL CHLORIDE (PVC) WATER PIPE AND FITTINGS PART! GENERAL 1.01 SCOPE IA. This Section covers the work necessary to furnish and install, complete, the polyvinyl chloride pipe and fittings specified herein. Materials and installation shall conform to the I City of Fayetteville standards. 1.02 RELATED SECTIONS IA. Section 02325 - Trench Excavation, Backfilling, and Compacting. B. Section 02661 - Hydrostatic Testing of Water Distribution System. IC. Section 02662 - Disinfection of Water distribution System. D. Section 02665 - Manual Operated Valves. E. Section 02666 - Miscellaneous Piping Specialties. PART II PRODUCTS i 2.01 PIPE A. Manufactured in accordance with ASTM D-2241. Pipe shall be C-900, Class 200. B. Joints shall conform to ASTM D-3139. I 2.02 FITTINGS A. Fittings shall be cast iron or ductile iron, mechanical joint. 2.03 GASKETS A. As recommended by the pipe manufacturer to conform to the pipe OD. 1 2.04 DETECTABLE TAPE IA. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 2 pounds / 1 inch x 1000 feet.The tape shall be color coded and imprinted with message as follows: 1 Type of Utility Color Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below I ' FY082153 Hwy. 71 Relocation Section 02630-1 PART III EXECUTION 3.01 GENERAL A. All rigid PVC pipe shall be cut, made up and installed in accordance with the pipe manufacturer's recommendations. 3.02 TRACE WIRE A. Furnish and install a 14 gauge insulated copper trace wire with all PVC pipe. Run wire continuous from valve box to valve box, meter box or other access points. Bring wire up inside boxes in an accessible fashion. Wrap wire around, or tape wire to each pipe section. Join wire segments by soldering or by using approved wire nuts. Pipe testing shall include following trace wire. Any wire breaks or incomplete splices shall be repaired by the Contractor at no additional expense. 3.03 DETECTABLE TAPE A. Install detectable tape over the center of the pipe, approximately 18 inches above the top of the pipe. 3.04 TESTING A. All lines shall be hydrostatically tested in accordance with Section 02661. B. Use pipe -locating equipment to test continuity of trace wire. The Architect shall observe and document trace wire test. 3.05 THRUST RESTRAINT A. Install 2,500 psi concrete thrust blocks at all bends, tees, wyes, or other thrust points on pressure piping per Section 03001. END OF SECTION 02630 FY082153 Hwy. 71 Relocation Section 02630-2 SECTION 02661 HYDROSTATIC TESTING OF WATER DISTRIBUTION SYSTEM PARTI GENERAL 1.01 SUMMARY A. This Section covers test for water appurtenances and piping. B. The City of Fayetteville shall be notified and given the opportunity to observe all testing. 1.02 RELATED SECTIONS A. Section 02325 — Trench Excavation, Backfill and Compacting. B. Section 02620 — Cement -Lined Ductile Iron Pipe and Fittings. C. Section 02630 — Polyvinyl Chloride (PVC) Water Pipe and Fittings. PART II MATERIALS 2.01 WATER FOR HYDROSTATIC TESTING OF PRESSURE LINES A. Furnish water from the nearest hydrant or other suitable source for testing purposes. PART III EXECUTION 3.01 HYDROSTATIC AND LEAK TESTING OF PRESSURE LINES A. Upon completion of installation, thoroughly clean new pipe: 1. Flush with water to remove dirt, stones, pieces of wood, or other obstructions that may have entered pipe during construction. 2. Flush pipelines at a minimum rate of 2.5 feet per second for a duration suitable to Architect. B. Upon completion of installation, pressure test water pipelines in presence of Architect and Municipalities Representative. C. Provide water into pipeline for testing and flushing, including necessary: I. Pumps, gages (increment at 10 psi or less), and meters. 2. Plugs and caps. 3. Temporary blowoffpiping to discharge water. 4. Reaction blocking to prevent pipe movement during testing. FY082153 Hwy. 71 Relocation Section 02661 - 1 D. Water source for the pump suction shall be potable water from the distribution system; vessel used shall be approved by the Architect. E. Prevent contamination of the water distribution system. F. After pipelines or isolated sections of pipelines have been filled with water, increase the pressure to test pressure by means of a pump. G. Test pressure shall be 125 psi or 50 percent above normal operating pressure, whichever is greater. H. Duration of hydrostatic leakage test shall be 2 hours, or as specified by Architect I. Open interior valves, including fire hydrants and other appurtenances, open during tests. 1 1 1 1 1 1 J. After the specified test pressure has been applied, the entire pipeline shall be checked in the presence of the Architect giving particular attention to parts of the pipeline and the appurtenances that are exposed. K. If leaks are apparent, perform corrective work and replace material that is required to remedy the defect and stop the leaks at no extra cost to the Owner. L. If no leaks were apparent or after corrective work has been completed, the pipelines shall be subjected to a leakage test at the pressure specified with a meter inserted in the test pump discharge line. M. The maximum leakage per hour for ductile iron, PVC, and concrete pipe shall be as calculated from the following formula: Rubber gasket or O-ring joints (iron, PVC, and concrete) L = ND#P 7400 I 1 I L = Allowable leakage (gallons per hour) ' N = Number of joints in pipeline tested D = Nominal diameter (inches) P = Test pressure (psi) N. If test of pipe laid discloses leakage greater than the allowable leakage as calculated from the above formula, locate the leak or leaks and perform corrective work and replace material that is required in order to remedy the defect and stop the leak. O. Corrective work shall be approved by the Architect. END OF SECTION 02661 I I I I I FY082153 Hwy. 71 Relocation Section 02661 -2 1 SECTION 02662 DISINFECTION OF WATER DISTRIBUTION SYSTEM PART I GENERAL 1.01 WORK INCLUDED A. Disinfection of potable water distribution system. B. Test and report results. C. Disinfection sampling shall be coordinated with the City of Fayetteville. 1.02 RELATED WORK Section 02325 — Trench Excavation, Backfill and Compacting. Section 02620 — Cement Lined Ductile Iron Pipe & Fittings. C. Section 02630 - Polyvinyl Chloride (PVC) Water Pipe and Fittings. 1.03 REFERENCES A. American Water Works Association, 666 West Quincy Avenue, Denver, Colorado 80235. B. AWWA C651 - Standard for Disinfecting Water Mains (Latest Addition). 1.04 QUALITY ASSURANCE A. Testing Laboratory: Arkansas Department of Health. 1.05 REGULATORY REQUIREMENTS A. Conform to Arkansas Department of Health regulations for Work of this Section. 1.06 PROJECT RECORD DOCUMENTS A. Submit 3 copies of reports. B. Disinfection report; accurately record: 1. Type and quantity of disinfectant used. 2. Date and time of start and completion of disinfectant injection. 3. Test locations. 4. Initial, 24 -hour, and 48 -hour disinfectant residuals (quantity in treated water) in ppm for each outlet tested. 5. Date and time of start and completion of flushing. 6. Disinfectant residual after flushing in ppm for each outlet tested. 7. Bacteriological report; accurately record: FY082153 Hwy. 71 Relocation Section 02662-1 8. Date issued, project name, and testing laboratory name, address, and telephone number. 9. Time and date of water sample collection. 10. Name of person collecting samples. 11. Test locations. 12. Initial and 24 hour disinfectant residuals in ppm for each outlet tested. 13. Coliform bacteria test results for each outlet tested. 14. Certification that water conforms, or fails to conform, to bacterial standards of the Arkansas Department of Health. 15. Bacteriologists signature. 1.07 STORAGE AND HANDLING A. The Contractor is reminded that chlorine is a powerful oxidant and reacts readily with foreign substances. B. Chlorine compounds shall be handled and stored in accordance with manufacturer's recommendations. PART II PRODUCTS 2.01 CALCIUM HYPOCHLORITE A. Granular form or 5 gram tablets containing 65 percent available chlorine by weight. 2.02 SODIUM HYPOCHLORITE A. Liquid form containing approximately 5 to 15 percent available chlorine. PART III EXECUTION 3.01 PREPARATION A. Verify that piping system has been cleaned, inspected, and pressure tested. B. Perform scheduling and disinfection activity with startup, testing, adjusting, and balancing, and demonstration procedures, including coordination with related systems. 3.02 EXECUTION A. Provide and attach equipment required to execute Work of this Section. B. Utilize fire hydrants as blow -off points when possible. C. Fire hydrants shall not be used for sample points. FY082153 Hwy. 71 Relocation Section 02662-2 1 D. Sample points constructed shall be a _-inch or I inch copper riser pipe that shall extend adequately above the ground surface. E. During application of chlorine solution, prevent solution from flowing back into the I distribution system. F. Disinfect piping system by one of the three following methods: I 1. Tablet method: a. Use this method only if water line can be kept clean and dry during installation. b. Place calcium hypochlorite tablets in water line during installation to provide a chlorine dose of 25 mg/l. IC, C. Fill water line with potable water after completion of installation at a rate so that water within the water line will flow at a velocity no greater than 1 ft./sec. Id. Allow water to remain in pipe for a minimum of 24 hours for water temperature above 40 degrees F., and 48 hours for water temperature below 41 degrees F. 2. Continuous Feed Method: I a. Calcium hypochlorite granules may be placed in the water line during installation as option to the tablet method. Provide a chlorine dosage of 25 I mg/l. b. After installation flush water line to remove particulates. Velocity in the water line shall not be less than 2.5 ft./sec. C. Fill water line with water dosed with chlorine. Chlorine concentration shall not be less than 25 mg/l free chlorine. d. Retain chlorinated water in water line for 24 hours. Operate valves and hydrants during this time to disinfect. Chlorine residual in water shall not be less than 10 mg/I at the end of the 24- hour period. I3. Slug Method: IProvide a. Place calcium hypochlorite granules in the water line during installation. a chlorine dosage of 25 mg/l. b. After flushing water line to remove particulates, slowly fill water line with water dosed with a 100 mg/l concentration of chlorine. I c. Retain chlorinated water in water line for 3 hours. d. Measure the free chlorine residual in the water line as it is filled. If dosage drops below 50 mg/l during this time, stop flow and relocate chlorination equipment to the reduced level of where chlorine was detected. As flow is resumed, apply chlorine to restore the free chlorine in the water to not less I than 100 mg/l. e. Operate valves and hydrants during this time to disinfect. I G. Final Flushing: I. Flush water from water line until chlorine measurements are not higher than the chlorine residual that are found in the existing distribution system. 1 1 FY082153 Hwy. 71 Relocation Section 02662-3 1 2. Inspect environment where the chlorinated water is to be discharged. Add a neutralizing chemical as the chlorinated water is being discharged if area is in threat of environmental damage from the chlorinated water. H. Bacteriological Tests: 1. After final flushing and prior to the new water line be connected to the existing distribution system, two consecutive sets of acceptable water samples collected from the new water line and taken at least 24 hours apart shall be submitted to the bacteriological laboratory at the Arkansas Department of Health in Little Rock, Arkansas. 2. Samples shall be tested for bacteriological quality in accordance with Standard Methods for the Examination of Water and Wastewater per the American Public Health Association, AWWA, and Water Environment Association (latest edition) and shall show the absence of coliform organisms. 3. If samples collected are positive, the disinfecting procedures and samples shall be repeated until two consecutive day samples are tested safe. END OF SECTION 02662 I I 1 I I I l I FY082153 Hwy. 71 Relocation Section 02662-4 1 I I I 1 I I I I I I I SECTION 02664 MISCELLANEOUS TUBING PART I GENERAL 1.01 SCOPE A. This Section covers the work necessary for furnishing and installing the miscellaneous hoses, tubing, and accessories, complete. B. Service tubing interconnections shall be completed under this Section. This work must be completed by a licensed plumber. The Contractor is responsible for providing a licensed plumber for this interconnection work. 3. An inspection by the Fayetteville Building Department is required of this service interconnection. The Contractor shall arrange this inspection and shall pay the inspection fee. 1.02 GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization of maintenance and spare parts. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 RELATED WORK SPECIFIED AND PERFORMED ELSEWHERE A. Section 02667, Miscellaneous Piping Specialties ' PART II PRODUCTS I I I I I C 2.01 GENERAL A. All items shall be complete with all necessary end connections, fittings, and couplings which are required for the proper completion of the work included under this Section. 2.02 HOUSE SERVICE TUBING A. Service tubing shall be 3/", 1", or 1-Z/1 inch, as required, Drisco pipe, SDR-9, 200 psi, 5100, ASTM D2737, AWWA C-901. B. Replacement meter settings larger than a residential 5/8" x 3/4" water meter shall require larger tubing sizes, as determined based on the existing service tubing size. 2.03 TRACE WIRE A. Trace wire shall be 14 gauge insulated copper wire. ' EY082153 Hwy. 71 Relocation Section 02664 - 1 PART III EXECUTION 3.01 GENERAL A. All tubing shall be cut, made up, and installed in strict accordance with the manufacturer's written recommendations, as approved and as further specified herein under. B. Utilize stainless steel inserts at all compression connection points on the tubing. Locations shall include all corporation stops, meter loop connections and any junctions. 3.02 INSTALLATION A. Install I -inch tube from the proposed 8" main to the water meter. B. Install 1 -inch tube from the main to single 1" water meter settings. Install larger tubing for larger meter settings, matching existing tubing sizes. C. Polyethylene tubing shall be installed with a minimum earth cover of 30 inches over the top of the pipeline. Consideration for thermal contraction shall be given by "snaking" the pipeline in the trench. Tracer wire shall be installed on all polyethylene tubing from the corporation stop on the main to the branch piece on the meter setting by either taping or wrapping the tracer wire around the PE tubing at least every 6 ft. Connect service tubing trace wire to the water main trace wire using approved wire nuts. 3.03 TESTING I A. Prior to startup, all miscellaneous hoses, tubing, and accessories shall be inspected for proper connection and satisfactory performance. Each item shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the pipeline test, they shall be properly protected. The Contractor will be held responsible for any damage caused by the testing. I END OF SECTION 02664 1 I I J r I FY082153 Hwy. 71 Relocation Section 02664 -2 ' I SECTION 02665 MANUALLY OPERATED VALVES PART I GENERAL REQUIREMENTS 1.01 SCOPE A. This Section covers the work necessary for furnishing and installing the various manually Y operated valves in the piping systems, complete. B. Materials and installation shall conform to the Standards issued by Fayetteville etteville Water Y Department. I1.02 GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare parts, and manufacturer's I services. B. See CONDITIONS OF THE CONTRACT which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 RELATED SECTIONS A. Section 02620 B Cement -Lined Ductile Iron Pipe and Fittings. B. Section 02630 B Polyvinyl Chloride (PVC) Water Pipe and Fittings. PART II PRODUCTS 2.01 GENERAL A. All valves shall be complete with all necessary operators, extension stems, floor stands, worm and gear operators, operating nuts, etc. which are required for the proper completion of the work included under this section. B. Renewable parts including discs, packing, and seats shall be of types recommended by valve manufacturer for intended service. C. All units shall have the name of the manufacturer and the size of the valve cast on the body or bonnet or shown on a permanently attached plate in raised letters. D. For the purpose of designating the type and grade of valve desired, a manufacturer's name I is given in the following specifications. Valves of equal quality by other manufacturers will be considered in accordance with the General Conditions. LI IFY082153 Hwy. 71 Relocation Section 02665-1 ri 2.02 DESIGN FEATURES - BRASS AND BRONZE COMPONENTS A. Brass and bronze components of valves and appurtenances which have surfaces in contact with the water shall be alloys containing less than 16 percent zinc and 2 percent aluminum. B. Approved alloys are of the following ASTM designations: 1. B 61, B 62, B 98 (Alloy A, B, or D), B 139 (Alloy A), B 143 (Alloy 1-B), B 164, B 194, B 292 (Alloy A), and B 127. 2. Stainless steel Alloy 18-8 may be substituted for bronze at the option of the manufacturer and with the approval of the Architect. C. All gland bolts on iron body valves shall be bronze and shall be fitted with brass nuts. 2.03 VALVE OPERATORS A. All valve operators shall open by turning counterclockwise. Operators shall be galvanized 1 and painted the same color as the valve and associated pipeline. 2.04 VALVE BOXES U A. Valve boxes shall be American Flow Control Trench Adaptor of appropriate length for the installation. The word WATER shall be cast into the top of the lid. Extension pieces, if required, shall be the manufacturer's standard type. All units shall be complete with all necessary bases and accessories. 2.05 EXTENSION STEMS FOR VALVE OPERATORS A. Where the depth of the valve is such that its centerline is more than 4 feet below grade, operating extension stems shall be provided to bring the operating nut to a point 6 inches below the surface of the ground and/or box cover. Extension stems shall be constructed of steel and shall be complete with 2 -inch square operating nut. 2.06 GATE VALVES A. Type 116: Gate valves for buried water service shall be iron body, resilient seat, epoxy lined with mechanical joint ends, nonrising stem, O-ring seal and 2 inch square wrench nut conforming to AWWA C-500. Valves shall be rated for 200 psi and shall be Mueller A-2360-20, American Flow Control Series 2500, or equal. 2.07 BUTTERFLY VALVES ' A. Butterfly valves furnished and installed shall be Class 150B in conformance with the requirements of AWWA C504, latest revision, for ARubber Seated Butterfly Valves@. PART III EXECUTION 3.01 GENERAL t A. Bolt holes of flanged valves shall straddle the vertical centerline of the pipe run. Prior to installing flanged valves, the flange faces shall be thoroughly cleaned. After cleaning, insert gasket and bolts, and tighten the nuts progressively and uniformly. If flanges leak under pressure, loosen or remove the nuts and bolts, reseat or replace the gasket, retighten FY082153 Hwy. 71 Relocation Section 02665-2 I and/or reinstall the nuts and bolts, and retest the joints. Joints shall be watertight at test pressures before acceptance. I I I I I I I I I H I 7 Li B. Thoroughly clean threads of screwed joints by wire brushing, swabbing or other approved methods. Apply approved joint compound to threads prior to making joints. Joints shall be watertight at test pressures before acceptance. 3.02 PLACING A. Generally, unless otherwise indicated on the Drawings, all valves installed in horizontal runs of pipe having centerline elevations 4 feet 6 inches or less above the finish floor shall be installed with their operating stems vertical. Valves installed in horizontal runs of pipe having centerline elevations between 4 feet 6 inches and 6 feet 9 inches above the finish floor shall be installed with their operating stems horizontal. If adjacent piping prohibits this, the stems and operating handwheel shall be installed above the valve horizontal centerline as close to horizontal as possible. Valves installed in vertical runs of pipe shall have their operating stems orientated to facilitate the most practicable operation, as approved by the Architect. All buried valves shall be installed with valve boxes in accordance with the details shown on the Drawings. B. Install 2 feet by 2 feet by 4 inches thick concrete pad around the top of all valve boxes. 3.03 ACCESS A. Location of valves shall be as required to provide accessibility for control and maintenance. 3.04 ANCHOR BOLTS A. Anchor bolts for floor stands, stem guides, etc. shall be cast -in -place during concrete placement. Threads shall be protected and shall be cleaned before the nuts are attached and tightened. 3.05 TESTING A. Valves shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the pipeline test, they shall be properly protected. The Contractor will be held responsible for any damage caused by the testing. B. If requested by the Architect, the valve manufacturer shall furnish an affidavit stating the materials options furnished and/or that he has complied with these and other referenced specifications. END OF SECTION 02665 ' FY082153 Hwy. 71 Relocation Section 02665-3 SECTION 02666 MISCELLANEOUS PIPING SPECIALTIES PARTI GENERAL 1.01 SCOPE 'I 1.02 A. This Section covers the work necessary for furnishing and installing the miscellaneous piping specialties, complete. Materials and installation shall conform to the standards issued by the Fayetteville Water Department. GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare parts, and manufacturer's service. B. See CONDITIONS OF THE CONTRACT, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 RELATED SECTIONS A. Section 02620 B Cement -Lined Ductile Iron Pipe and Fittings. B. Section 02630 B Polyvinyl Chloride (PVC) Water Pipe and Fittings. 1.04 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION. In addition, the following specific information shall be provided: 1. Shop Drawings: Provide drawings and manufacturer's literature, clearly identified, showing layouts, item specifications, and mounting details. PART II PRODUCTS 2.01 GENERAL A. All items shall be complete with all necessary end connections, fittings, and couplings required for the proper completion of the work included under this Section. FY082153 Hwy. 71 Relocation Section 02666-1 I 2.02 FIRE HYDRANTS A. Three-way fire hydrants shall be 53 -inch Mueller Centurion A-423, traffic model, with 13 - inch pentagonal operating nut, 2-22 Binch hose nozzles, 1 -42 -inch pumper nozzle, and 6 - inch mechanical joint inlet. 2.03 TAPPING SLEEVES AND VALVES A. Tapping sleeves shall be sized as indicated on the Drawings and shall be JCM 432, Vinyl g Y coated, or approved equal. Tapping valves shall be Type 115 or 116 in with the exception that one side shall be provided with a flange for connection to the tapping sleeve. 2.04 TAPPING SADDLES 1 A. All 1-2" service saddles shall be Ford Series S 90 brass tapping saddle with fixed O.D. The outlet threads shall be compatible with AWWA CC Type 1-2" corporation stops. i 2.05 CORPORATION STOPS A. Corporation stops shall conform to AWWA C800-84 without a positive stop. The inlet shall be AWWA CC tapered threads and the outlet with a compression coupling. The compression outlet shall utilize a Buna-N beveled gasket to provide a water -tight connection and with a split clamp locking device. The split clamp shall be grooved and provided with a stainless steel screw to draw down the clamp for the prevention of mechanical pullout. The corporations shall be AWWA red brass with precision machined castings and compatible I with conventional tapping machines. PART III EXECUTION 1 3.01 GENERAL , A. All miscellaneous piping specialties shall be installed in accordance with and in conformance to the applicable requirements of Division 2. 3.02 TAPPING SLEEVE AND VALVES A. Install tapping sleeves and valves in accordance with manufacturer's recommendations. Where a PVC main is tapped, retain the integrity of existing trace wire. Attach new trace wire to existing and solder the connection. 3.03 FIRE HYDRANTS 1 A. Install fire hydrants with the pumper nozzle facing the street. Adjust height to finish grade using standard hydrant risers. Paint exposed hydrant barrel, top and nozzle caps with white II exterior metal paint containing reflectorized beads. Conform with installation details on the Drawings relative to drain gravel, thrust blocking and other details. 3.04 TAPPING SADDLES AND CORPORATION STOPS FY082153 Hwy. 71 Relocation Section 02666-2 1 3.05 A. Provide and install saddles and stops with matching threads, and outlet fittings for the applicable service line. Install as recommended by the manufacturer to ensure that excessive tightening does not damage the main. Complete main leakage and pressure testing with all taps, service lines and meter settings in place. TESTING A. Prior to plant startup, all miscellaneous piping specialties shall be inspected for proper connection and satisfactory performance. Each item shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. The Contractor will be held responsible for any damage caused by the testing. END OF SECTION 02666 IFY082153 Hwy. 71 Relocation Section 02666-3 I I I I I I I I I I I I I U 1 I U I I SECTION 02667 MISCELLANEOUS METERING AND MEASURING DEVICES PARTI GENERAL 1.01 1.02 SCOPE A. This Section covers the work necessary to furnish and install the miscellaneous metering and measuring devices, complete. Included are meter setting assemblies. Also included is the installation of 3% -inch pressure reducers for each 5/8" x 3/4" meter setting and 1" pressure reducers for each 1" meter setting. B. Materials and installation shall conform to the City of Fayetteville Standards. GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for appearance, operation, maintenance, spare parts, and manufacturer's service. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. PART 2 PRODUCTS 2.01 WATER METERS A. Water meters for services shall be provided and installed by the City of Fayetteville. 2.02 METER BOXES A. Meter boxes shall be Brooks, 2200, 18 -inch deep round meter box with plastic lids for single and dual 1/2" x 3/" meters and single I -inch meters. B. Meter boxes for 2" meter settings shall be Brooks Extra Jumbo Box with plastic lid. 2.03 METER BOX LID A. Plastic meter box lids as provided with Brooks' boxes. 2.04 METER YOKE A. Meter yoke shall be Ford VBH 72-7W for single and dual 1/2" x 3/" meter settings. B. Meter setter for 1 " meter settings shall be Ford VB 47410 W 1144. C. Meter setter for 2" meter settings shall be Ford VH7712-1177. FY082153 Hwy. 71 Relocation Section 02667 - 1 PART 3 EXECUTION 3.01 GENERAL A. All equipment in this Section shall be installed carefully to avoid damage to the instruments and in accordance with the manufacturers' instructions, as approved. B. The Contractor shall furnish such additional incidental materials and labor as required for proper mounting. Install measuring and metering devices plumb or level, as applicable, and attach securely to mounting brackets with suitable fasteners. Units installed in -line shall be made up with the gaskets or thread lubricant specified for the adjacent piping. 3.02 METER SETTINGS A. Install meter settings in accordance with the details on the Drawings and with the recommendations of the manufacturer. B. Location of meter boxes shall be field determined to correspond to the requirements of the Owner, the desires of the property owner and the general location of existing houses. Meter boxes shall be installed outside the highway right-of-way and away from the proposed gas main locations. The Field Engineer shall coordinate meter locations. C. The Contractor shall install all components of the meter settings except for the actual meter. The Owner will install meters in the meter settings. END OF SECTION 02667 FY082153 Hwy. 71 Relocation Section 02667 -2 SECTION 02753 SEWER PIPE - GENERAL PART! GENERAL 1.01 SCOPE A. This Section covers all work necessary for the installation of sewer pipe and fittings of the sizes and classes indicated. Materials and installation shall conform to the City of Fayetteville standards. 1.02 SUBMITTALS DURING CONSTRUCTION A. Provide the following submittals: 1. Shop Drawings: a specific selection of pipe material and joint type for each pipeline. 2. Submit manufacturer's written certification that the factory -applied coating system(s) is identical to the requirements specified herein. Where, in the manufacturer's opinion, the coating system(s) exceeds the requirements specified herein, submit complete technical literature of the proposed system(s) to the Engineer for review. PART II PRODUCTS 2.01 SEWER PIPE A. PVC SDR-26 gravity sewer pipe for sizes 6 -inch and larger shall conform to Section 02754. B. Ductile Iron gravity sewer pipe for sizes 6 -inch and larger shall conform to Section 02755. C. Fiberglass Reinforced gravity sewer pipe for sizes 12 and larger shall conform to Section 02755-1. 1 1 1 1 1 D. Four inch PVC sewer service pipe shall be Schedule 40. 2.02 PIPE, FITTINGS, AND JOINTS A. To assure uniformity and compatibility of piping components in piping systems, fittings and couplings shall be furnished by the same manufacturer. FY082153 Hwy. 71 Relocation Section 02753-I I 2.03 CONCRETE FOR THRUST BLOCKING I A. Concrete for thrust blocking shall have a minimum compressive strength of 2,500 psi at 28 days. I 2.04 DETECTABLE TAPE A. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inertjacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 %2 pounds / 1 inch x 1000 feet. The tape shall be color coded and imprinted with message as follows: Type of UtilityColor Code Legend Sewer Safety Precaution Green Caution, Buried Sewer Line Below 2.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet coverings; provide ventilation to avoid condensation. PART III EXECUTION I I I I I I I I I 3.01 PREPARATION OF TRENCH , A. Provide granular material under all buried sewer pipe as shown on details on the Drawings. Place base for pipe in the trench to a depth which allows excavation of bell holes, but to a minimum depth of 6 inches. Grade the top of the base to the bottom of the pipe ahead of pipe laying for the full width of the trench. Base shall provide a firm, unyielding support along entire pipe length. B. Excavate bell holes at each joint to permit proper assembly and inspection of entire joint. Bell holes shall be of sufficient depth to preclude direct bearing of bell on bottom of trench. 3.02 PIPE COVER A. Minimum pipe cover shall be 3 feet unless otherwise indicated. FY082153 Hwy. 71 Relocation I LI I 1 1 Section 02753-2 I 3.03 PIPE DISTRIBUTION A. Distribute material on the job no faster than it can be used to good advantage. Unload pipe which cannot be physically lifted by workers from the trucks, by a forklift, or other approved means. Do not drop pipe of any size from the bed of the truck to the ground. 3.04 ' PIPE PREPARATION AND HANDLING A. Inspect all pipe and fittings prior to lowering into trench to ensure no cracked, broken, or otherwise defective materials are being used. Clean ends of pipe thoroughly. Remove foreign matter and dirt from inside of pipe and keep clean during and after laying. B. Use proper implements, tools, and facilities for the safe and proper protection of the work. Lower pipe into the trench in such a manner as to avoid any physical damage to the pipe. Remove all damaged pipe from the jobsite. Do not drop or dump pipe into trenches 1 under any circumstances. ' 3.05 LINE AND GRADE FOR GRAVITY SEWER PIPE A. Do not deviate from line or grade more than 1/2 -inch for line and 1/4 -inch for grade, I provided that such variation does not result in a level or reverse sloping invert. B. Measure for grade at the pipe invert, not at the top of the pipe, because of permissible variation in pipe wall thickness. C. Establish line and grade for pipe by the use of lasers or by transferring the cut from the I offset stakes to batter boards set in the trench at maximum intervals of 25 feet. Maintain a minimum of three sets of batter boards with string line ahead of the pipe laying at all times. If batter boards in the trench prove impractical because of trench conditions, I submit other methods of grade and alignment control to the Engineer for approval. ID. Where the Drawings show a tie to existing facilities, verify elevations of tie points sufficiently in advance of laying operations to allow adjustments as required. Any adjustments shall be approved by the Engineer in advance. E. Where the Drawings show existing utilities, (water, sewer, gas, etc.) verify the location and grade sufficiently in advance of laying operations to allow adjustments as required. Any adjustments shall be approved by the Engineer in advance. 3.06 LAYING AND JOINTING SEWER PIPE A. PVC pipe varies slightly with different manufacturers. Install the particular pipe furnished in accordance with the particular manufacturer's recommendations, as approved by the Engineer. B. Lay and joint PVC pipe with rubber gasket type joints, in accordance with the manufacturer's recommendations, as approved by the Engineer. Provide all special tools and devices such as special jacks, chokers, and similar items required for the installation. All joints should be laid with the spigot end facing downstream. FY082153 Hwy. 71 Relocation Section 02753-3 I 3.07 BACKFILL AT THE PIPE ZONE A. The pipe zone shall be considered to include the full width of the excavated trench from the bottom of the pipe to a point 12 inches above the top outside surface of the barrel of the pipe, as shown in the details on the Drawings. 1 B. Particular attention must be given to the area of the pipe zone from the flow line to the centerline of the pipe to ensure that firm support is obtained to prevent any lateral movement of the pipe during the final backfilling of the pipe zone. C. Backfill the area of the pipe zone from the bottom to the horizontal centerline of the pipe by hand -placing the material around the pipe in 6 -inch layers. Continuous support shall be effected beneath pipe haunches by "walking in" and slicing with a shovel. Backfill the area of the pipe zone from the horizontal centerline to the top of the pipe zone as indicated in detail on the Drawings. 1 D. Provide granular pipe zone material for all PVC sewer pipe. E. Where the pipe is connected to structures, the connection shall be made as shown. Make connection such that a standard pipe joint is located no more than 18 inches from the structure. 3.08 DETECTABLE TAPE 1 A. Install detectable tape over the center of the pipe, approximately 18 inches above the top of the pipe. 3.09 WATER AND SEWER LINE CROSSINGS A. Where water and sewer lines necessarily cross, the water line should be at least 18 inches superior, crown to invert to the sewer line, with the sewer line initial backfill (from bedding to 6 inches above pipe), compacted with clay, as indicated on the Drawings. Where vertical separation is less than 18 inches, steel encasement shall be installed on the sewer line. The cost of the clay liner shall be included in the cost for the water line pipe. 3.10 PREPARATION AND EXECUTION - BURIED PIPING A. Conduct final acceptance tests on buried piping that is to be hydrostatically tested after the trench has been completely backfilled. The Contractor may, if field conditions permit, as determined by the Engineer, partially backfill the trench and leave the joints open for inspection and conduct an initial service leak test. The acceptance test shall not, however, be conducted until all backfiIling has been completed. See Service Leak Test Pressure. 3.11AIR TEST FOR GRAVITY SEWERS A. The City of Fayetteville shall be notified to observe all testing. I B. All gravity sewers and apprutenances shall successfully pass an air test prior to acceptance and shall be free of visible leakage. FY082153 Hwy. 71 Relocation Section 02753-4 ' I C. Furnish all necessary testing equipment and perform the tests in a manner satisfactory to the Engineer. Any arrangement of testing equipment which will provide observable accurate measurements of air leakage under the specified conditions will be permitted. Gauges for air testing shall be calibrated with a standardized test gauge provided by the I Engineer at the start of each testing day. The calibration shall be witnessed by the Engineer. ' D. Line is to be complete with all structures and fittings in place and backfilled. Testing of sections of the constructed gravity sewer for acceptance will not be performed until the Engineer approves readiness for testing. This test should be performed reach -by -reach as construction proceeds and must be completed within 30 days after installation of each reach. E. Repair or replace, in a manner approved by the Engineer, and section of pipe not meeting the air test requirements, at no cost to the Owner. F. Infiltration of groundwater in an amount greater than herein specified, following a successful air test as specified, shall be considered as evidence that the original test was in error or that subsequent failure of the pipeline has occurred. The Contractor shall I correct such failures in a manner approved by the Engineer and at no cost to the Owner should they occur within the warranty period. G. The Contractor, in contracting to do this work, agrees that the leakage allowances as indicated herein are fair and practical. 1 3.12 AIR TESTING PROCEDURE A. After all plugs are in place and securely blocked, introduce air slowly into the pipe section to be tested until the internal air pressure reaches 4.0 pounds per square inch greater than the average backpressure of any groundwater that may submerge the pipe. Allow a minimum of 2 minutes for the air temperature to stabilize. Determine the height of the groundwater table, at the time of the test. B. The pipe and joints shall also be considered as satisfactory when the time required in seconds for the pressure to decrease from 3.5 to 2.5 pounds per square inch greater than the average back pressure of any groundwater that may submerge the pipe is not less than that computed in accordance with the following formulas: The following table should be used to govern the allowable minimum time that the pressure may fall 0.5 psig in any testing of the sewer lines. I FY082153 Hwy. 71 Relocation Section 02753-5 1 Minimum Time, sec. for 0.5 psig Drop in Pressure 1 Pipe Section Length Pipe Diameter in 1 Inches 100' 200' 300' 400' 4 150 150 150 150 6 240 240 240 240 8 300 300 300 300 10 390 390 390 475 1 12 450 450 521 596 15 570 570 801 1068 18 510 769 1154 1538 21 595 1047 1571 2094 24 680 1367 2051 2735 C. Use extreme caution in air testing large diameter pipe. Do not enter manholes while inflating or deflating plugs or while the pipe line is subject to any pressure. Install, block, inflate and deflate pipe plugs in strict conformance with manufacturer's safety recommendations. 3.13 DEFLECTION TEST FOR PVC SEWER PIPE A. The Contractor shall test all laid and backfilled PVC pipe for deflection with a mandrel. ' The maximum deflection allowable shall not exceed 5 percent of the pipe's internal diameter. Deflection shall be checked on all installed pipe by the Contractor in the presence of the Engineer. Deflection tests shall be completed a minimum of 30 days after initial backfill of the pipe and thereafter maybe checked at random by the Engineer during the construction and warranty period. All pipe deflected in excess of 5 percent shall be replaced by the Contractor for no additional compensation. 3.14 TEST RECORDS A. Records shall be made of each piping system installation during the test. These records shall include: 1. Date of test 2. Description and identification of piping tested 3. Test fluid 4. Test pressure f� 5. Remarks, to include such items as: a. Leaks (type, location) b. Repairs made on leaks 6. Certification by Contractor and written approval by Engineer FY082153 Hwy. 71 Relocation Section 02753-6 L 3.15 CONNECTION OF SEWERS TO EXISTING MANHOLES A. At locations designated on the Drawings connect new sewer lines to existing manholes. Connections shall utilize appropriate waterstops and shall be grouted in place to form a watertight connection. Temporary plugs, piping, and/or pumping may be necessary to prevent discharge of raw sewage, in which case such temporary facilities shall be considered part of the connection work. 3.16 FINAL SEWER CLEANING A. Prior to final acceptance and final manhole -to -manhole inspection of the sewer system by the Engineer, flush and clean all parts of the system. Remove all accumulated construction debris, rocks, gravel, sand, silt, and other foreign material from the sewer system at or near the closest downstream manhole. If necessary, use mechanical rodding or bucketing equipment. B. Upon Engineer's final manhole -to -manhole inspection of the sewer system, if any foreign matter is still present in the system, reflush and clean the sections and portions of the lines as required. END OF SECTION 02753 FY082153 Hwy. 71 Relocation Section 02753-7 1 I 1 1 I I I I I I I I I I I I I I I I SECTION 02755 EPDXY -LINED DUCTILE IRON SEWER PIPE AND EPDXY COATED FITTINGS PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the cement -lined ductile iron pipe and epoxy coated ductile iron fittings specified herein, and as specified further in Section 02753, Sewer Pipe - General. B. Service shall include ductile iron pipe used for fire hydrant stubs and epoxy coated fittings • used for water mains. 1 1.02 GENERAL A. See Section 02753, Sewer Pipe - General, for additional requirements. iPART 2 PRODUCTS 1 2.01 PIPE it I A. Centrifugally cast, Grade 60-42-10 iron, ANSI A21.51, AWWA C-151, with 6-8 mil thickness of fusion bonded epoxy applied for the interior of each pipe. Epoxy coating shall conform to ANSI/AWWA C-550 and C -116/A21.16. Where taps are shown on fittings, tapping bosses shall be provided, 200 psi minimum working pressure. 2.02 JOINTS I A. Flanged, mechanical joint, push -on restrained joint (American Flex -Ring joint or equal), or push -on as specified in Section 02753, Sewer Pipe - General and as shown on the Drawings. L I I I 1 1 I B. Joints inside casings shall be thrust restrained. 2.03 FITTINGS A. Gray or ductile iron, 250 psi minimum working pressure with 6-8 mil thickness of fusion bonded epoxy applied for the exterior and interior of each fitting. Epoxy coating shall conform to ANSUAWWA C-550 and C -116/A21.16. Where taps are shown on fittings, tapping bosses shall be provided. B. Flanged: ANSI/AWWA C-110 & ANSI B 16.1, faced and drilled 125 -pound ANSI standard. C. All buried pipe fittings 2" and larger in size shall be cast or ductile iron, mechanical joint, conforming to ANSI/AWWA C-110 and ANSUAWWA C -I 11, or AWWA C-153. Megalug thrust restraints shall be used with mechanical joint fillings. The Megalug units shall be specifically designed for the type of pipe being used (PVC or ductile iron). 2.04 FLANGES A. ANSI A21.15/AWWA C-115, threaded, 250 psi working pressure, ANSI 125 -pound drilling. IFY082153 Hwy. 71 Relocation Section 02755 - 1 I 2.05 BOLTS A. Nuts, bolts and other hardware for flanged fittings shall be stainless steel. 1 B. For mechanical joint use manufacturer's standard. 2.06 GASKETS A. Gaskets for mechanical or Flex -Ring joints shall be rubber, conforming to ANSI A2 1.11, AWWA C -I11. B. Gaskets for flanged joint shall be 1/8 -inch thick, cloth -inserted rubber conforming to applicable parts of ANSI B16.21 and AWWA C-207. Gasket material shall be free from corrosive alkali or acid ingredients and suitable for use in sewage or potable waterlines. Gaskets shall be full -face type for 250 -pound FF flanges. 2.07 LUBRICANT A. Lubricant for mechanical joint end piping shall be manufacturer's standard. 2.08 TRACE WIRE A. NOT USED. 2.09 POLYETHYLENE ENCASEMENT A. Polyethylene materials for pipe encasement shall meet the requirements of ANSI/AWWA C - 105/A21.5 -82, or latest revision thereof. 2.10 DETECTABLE TAPE A. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 '/2 pounds / I inch x 1000 feet. The tape shall be color coded and imprinted with message as follows: Type of Utility Color Code Legend Sewer Safety Precaution Greem Caution, Buried Sewer Line Below PART 3 EXECUTION 3.01 HANDLING PIPE A. Care shall be taken not to damage the epoxy lining when handling the pipe. 3.02 CUTTING PIPE A. Cut pipe with milling type cutter or abrasive saw cutter. Do not flame cut. FY082153 Hwy. 71 Relocation Section 02755 - 2 , I 1 3.03 DRESSING CUT ENDS A. Dress cut ends of pipe in accordance with the type of joint to be made. B. Dress cut ends of mechanical joint pipe to remove sharp edges or projections which may damage the rubber gasket. C. Dress cut ends of push -on j oint pipe by beveling, as recommended by the pipe manufacturer. D. Dress cut ends of pipe for flexible couplings and flanged coupling adapters as recommended by the coupling or adapter manufacturer. 3.04 MECHANICAL AND PUSH ON JOINT 1 A. Join pipe with mechanical or push -on type joints in accordance with the manufacturer's recommendations. Provide all special tools and devices, such as special jacks, chokers, and I similar items required for proper installation. Lubricant for the pipe gaskets shall be furnished by the pipe manufacturer, and no substitutes will be permitted under any circumstances. ' 3.05 POLYETHYLENE ENCASEMENT A. Procedures set forth in ANSIIAWWA C -105/A21.5-82, or latest revision, shall be followed I during construction. Polyethylene encasement will be installed on all buried uncased ductile or cast iron pipe and fittings used on this project. Two layers (double wrap) of polyethylene encasement will be used at all ductile or cast iron pipe and fitting locations. I3.06 TRACE WIRE A. Not Used. 3.07 DETECTABLE TAPE IA. Install detectable tape over the center of the pipe, approximately 18 -inches above the top of the pipe. 3.08 TESTING A. All pressure lines shall be air pressured tested. Test procedures shall be as specified in Section 02753, Sewer Pipe - General. END OF SECTION 02755 I I I 1 FY082153 Hwy. 71 Relocation Section 02755 -3 SECTION 02755-1 CENTRIFUGALLY CAST FIBERGLASS SEWER PIPE PART 1 GENERAL 1.01 SUMMARY A. Description 1. This section covers the manufacture and installation of centrifugally cast fiberglass reinforced plastic (FRP) pipe for sanitary sewers. B. Related Sections 1. SECTION 02753 — Sewer Pipe - General 1.02 REFERENCES A. ASTM D 3262 - Standard Specification for Reinforced Plastic Mortar Sewer Pipe. B. ASTM D 3754 - Standard Specification for "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Sewer and Industrial Pressure Pipe. C. ASTM D 3681 - Method for Determining Chemical Resistance of Reinforced Thermosetting Resin Pipe in Deflected Condition. D. ASTM D 4161 - Specification for "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. E. ASTM F 477 - Standard Specification for Elastomeric Seals (Gaskets) Joining Plastic Pipe. 1.03 SUBMITTALS A. onform to requirements of Section 01330 - Submittal Procedures. B. Provide sufficient data for the ENGINEER to properly evaluate the pipe. C. Product data submittals shall include the following, as a minimum: 1. Details of the proposed pipe. 2. Properties and strengths of the pipe. 3. Details of pipe joint. 4. Pipe design analysis. 5. Instruction on storage, handling, transporting, and installation. 6. Standard catalog sheets. FY082153 Hwy. 71 Relocation Section 02755-1 -1 I D. Test reports: Provide test reports upon request, certifying that the pipe has been tested in accordance with and exceeds minimum requirements of ASTM D 3262 and ASTM D 3681. PART 2 PRODUCTS 2.01 MANUFACTURERS I A. Preapproved manufacturer for centrifugally cast fiberglass pipe is Hobas Pipe USA, Inc. 2.02 MATERIALS I A. Resin Systems: The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application. The historical data shall have been collected from applications of a composite material of similar construction and composition as the proposed product. B. Glass Reinforcements: The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade glass filaments with binder and sizing compatible with impregnating resins. C. Fillers: Silica sand or other suitable materials may be used. D. Additives: Resin additives, such as pigments, dyes, and other coloring agents, if used, shall in no way be detrimental to the performance of the product nor shall they impair visual inspection of the finished products. E. Rubber Gaskets: Supply from an approved gasket manufacturer in accordance with ASTM r F 477, when no contaminant is identified and suitable for the service intended. Gaskets shall either be affixed to the pipe by means of a suitable adhesive or shall be installed in such a manner so as to prevent the gasket from rolling out of the pre-cut groove in the pipe or sleeve coupling. When pipe is to be installed in potentially contaminated areas, especially where free product is found near the elevation of the proposed sewer, provide the following gasket materials for the noted contaminants. Contaminant Gasket Material Required Petroleum (diesel, gasoline) Nitrile Rubber Other Contaminants As recommended by the pipe manufacturer F. The internal liner resin shall be suitable for service as sewer pipe, and shall be highly resistant to exposure to sulfuric acid as produced by biological activity from hydrogen sulfide gases. Pipe shall meet or exceed requirements of ASTM D 3681. 2.03 MANUFACTURE AND CONSTRUCTION A. Pipes 1 1. Furnish pipes in the diameters specified and within the tolerances specified below. FY082153 Hwy. 71 Relocation Section 02755-1 -2 1 I 2. Manufacture pipe by the centrifugal casting process to result in a dense, nonporous, ' corrosion -resistant, consistent composite structure to meet the operating conditions as shown on the Drawings. I3. Do not use stiffening ribs or rings. B. Couplings: Unless otherwise specified, the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomeric sealing gaskets as the sole means to maintain joint watertightness. The joints must meet the performance requirements of I ASTMD4161. 4161. C. Fittings: Flanges, elbows, reducers, tees, and other fittings shall be capable of withstanding 1 operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe joined by glass fiber reinforced overlays. D. Manhole Connections: Provide a water stop flange (wall pipe) for connection to a cast -in -place manhole base or other structure. 2.04 DIMENSIONS A. Diameters: The actual outside diameter of the pipes shall be in accordance with Table 3 of ASTM D 3262 for gravity sewers, or ASTM D 3754 for force mains. B. Lengths: The pipe standard length shall be approximately 20 feet. A maximum of 10 percent of the lengths, excluding special order pipes, may be supplied in random lengths. IC. Wall Thickness: The minimum average wall thickness shall be the stated design thickness. The minimum single point thickness shall not be less than 90 percent of the stated design thickness. D. End Squareness: Pipe ends shall be square to the pipe axis. I E. Tolerance of Fittings: The tolerance of the angle of an elbow and the angle between the main and leg of a wye or tee shall be plus or minus 2 degrees. The tolerance on the ' laying length of a fitting shall be plus or minus 2 inches. 2.05 STIFFNESS CLASSES A. Stiffness class of FRP pipe shall satisfy design requirements, but shall not be less than 46 psi, when used in direct bury operation; 36 psi, when installed within a steel encasement pipe. 1 B. Stiffness class of FRP in a pipe jacking operation shall be governed either by the ring deflection limitations or by a pipe design providing longitudinal strength required by the jacking method and shall satisfy design requirements stated below. Submit design calculations 1 as required in Paragraph 1.03, Submittals. 1. Pipe stress calculations based on jacking loads shall be performed to conform with I manufacturer's recommendations. 2. Pipe deflection calculations shall ensure that predicted deflection will be less 'than 5 percent under Tong -term loading conditions (soil prism load) for the highest density of soil overburden and surcharge loads. Deflection on calculations shall be prepared using long-term (drained) values for soil FY082153 Hwy. 71 Relocation Section 02755.1 -3 I parameters contained in the geotechnical investigation report for the Project, or other site -specific data obtained by the Contractor as approved by the Engineer. 2.06 TESTING A. Pipes shall be tested in accordance with ASTM D 3262 or ASTM D 3754, as applicable, except that the factory hydrostatic pressure testing is not required. B. Joints: Coupling joints shall be qualified per the tests of Section 7 of ASTM D 4161 2.07 INSPECTION A. The ENGINEER shall be entitled to inspect pipes or witness the pipe manufacturing. Such inspection shall not relieve the manufacturer of the responsibilities to provide products that comply with the applicable standards and these Specifications. B. Manufacturer's Notification: Should the ENGINEER wish to see specific pipes during any phase of the manufacturing process, the manufacturer must provide the ENGINEER with adequate advance notice of when and where the production of those pipes will take place. C. Failure to Inspect: Should the ENGINEER elect not to inspect the manufacturing, testing, or finished pipes, it in no way implies approval of products or tests. 2.08 PACKAGING, HANDLING, AND SHIPPING A. Packing, handling, and shipping shall be done in accordance with the manufacturer's recommendations. PART 3 EXECUTION 3.01 INSTALLATION A. Install pipe and fittings in accordance with requirements of Section 02530. B. The manufacturer shall supply a suitable qualified field service representative to be present periodically during the installation of pipe. C. Pipe Bedding: Conform to requirements of Section 02318. D. Pipe Handling: Use textile slings. E. Jointing 1. Clean ends of pipe and coupling components. 2. Check pipe ends and couplings for damage. Correct any damage found. 3. Coupling grooves shall be completely free of dirt. 4. Apply joint lubricant to pipe ends and rubber seals of coupling. Use only lubricants approved by the pipe manufacturer. 5. Use suitable auxiliary equipment, such as a wire rope puller, to pull joints together. FY082153 Hwy. 71 Relocation Section 02755-1 -4 6. Do not exceed forces recommended by the manufacturer for coupling pipe. If excessive force is required, remove coupling, determine source of problem, and correct it. 7. In the process of jointing the pipe, do not allow the deflection angle to exceed the deflection permitted by the manufacturer. 1 3.02 3.03 DETECTABLE TAPE A. Install detectable tape over the center of the pipe, approximately 18 -inches above the top of the pipe. TESTING A. All pressure lines shall be air pressured tested. Test procedures shall be as specified in Section 02753, Sewer Pipe - General. END OF SECTION 02755-1 FY082153 Hwy. 71 Relocation Section 02755-1 -5 SECTION 02756 MANHOLE CONSTRUCTION PART I GENERAL 1.01 SCOPE A. This Section covers the work necessary for the construction of manholes, complete. Manhole Details are as shown on the Drawings. B. Manhole construction shall conform to the City of Fayetteville standards. PART II MATERIALS 2.01 BASE ROCK A. Clean gravel or crushed rock conforming to the requirements for granular fill as specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 2.02 CONCRETE A. Ready -mixed, conforming to ASTM C94. Compressive field strength for manhole bases and walls shall be not less than 3,000 psi at 28 days. Maximum size of aggregate shall be 1-1/2 inches. Slump shall be between 2 and 4 inches. 2.03 FORMS A. Exterior exposed surfaces shall be plywood. Others shall be matched boards, plywood, or other approved material. Form all vertical surfaces. Trench walls, large rock, or earth will not be approved form material. 2.04 REINFORCING STEEL A. Conform to ASTM A 615, Grade 60, deformed bars. 2.05 POURED -IN -PLACE MANHOLES A. Poured -in -place type manholes must be used in accordance with details of construction approved by the Engineer. Precast manhole sections will not be used. 2.06 MORTAR A. Standard premixed mortar conforming to ASTM C 387 or proportion 1 part Portland cement to 2 parts clean, well -graded sand which will pass a 1/8 -inch screen. Admixtures may be used not exceeding the following percentages of weight of cement: Hydrated lime, 10 percent; diatomaceous earth or other inert materials, 5 percent. Consistency of mortar shall be such that it will readily adhere to the pipe. FY082153 Hwy, 71 Relocation Section 02756-1 Li 2.07 MANHOLE FRAMES AND COVERS A. Cast iron of size and shape designated on the Drawings. Covers shall have the words SANITARY SEWER in 2 -inch raised letters. Castings shall be tough, close -grained gray iron, sound, smooth, clean, free from blisters, blowholes, shrinkage, cold shuts, and all defects, and shall conform to ASTM A 48, Class 30B. Each lid will be provided with a standard concealed pick hole. Plane or grind bearing surfaces to ensure flat, true surfaces. Covers shall be true and seat within ring at all points. The classification of manhole 1 frames and covers shall be equal to the following: B. Model listed or equal: 1 Manholes Neenah - R-1706 Lid shall be lettered "SANITARY SEWER" 1 PART III EXECUTION I 3.01 EXCAVATION AND BACKFILL I A. Conform to applicable portions of Section 02325, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Backfill around manholes shall be of same quality as trench backfill immediately adjacent. 3.02 ROCK BASE 1 A. Remove water from the excavation. Place a minimum of 6 inches of granular fill as specified in Section 02325, EARTHWORK, TRENCH EXCAVATION AND I BACKFILL thoroughly compact with a mechanical vibrating or power tamper. 3.03 MANHOLE WALL I A. Construct manhole wall in accordance with procedures described for concrete wall construction in Section 03300, CONCRETE. 3.04 MANHOLE FRAMES AND COVERS ' A. Install frames and covers on top of manholes to positively prevent all infiltration of surface or groundwater into manholes. Frames shall be set in a bed of mortar with the mortar carried over the flange of the ring as shown in the Manhole Details on the Drawings. Set frames so tops of covers are flush with surface of adjoining pavement or ground surface, unless otherwise shown or directed. 3.05 VACUUM TESTING A. The City of Fayetteville shall be notified and given the opportunity to observe all testing. B. Plug lift holes with an approved non -shrink grout. I r I I FY082153 53 Hwy. 71 Relocation Section 02756-2 1 C. Plug pipe entering manholes, take care to securely brace plug from being drawn into the manhole. D. Place test head inside top of cone section and inflate seal in accordance with manufacturer's recommendations. E. Draw a vacuum of 10 inches of mercury and shut pump off. With valves shut, measure the time for the vacuum to drop to 9 inches. Test is satisfactory if the time is greater that the following: 1. 48 -inch diameter: 60 seconds. 2. 60 -inch diameter: 75 seconds. 3. 72 -inch diameter: 90 seconds. F. If manhole fails initial test, make necessary repairs with non -shrink grout while the vacuum is still being drawn. Retest until a satisfactory test is obtained. END OF SECTION 02756 FY082153 Hwy. 71 Relocation Section 02756-3 I I I I Li I I APPENDICES I I I I I I 1 I 1 I I I I I I 71 H I I Li Li I I APPENDIX A Li] I I • U.S. Department Advisory of Transportation Federal Aviation Circular Administration I I 1 I I I I J I I I I I Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION 1. THE PURPOSE OF THIS ADVISORY CIRCULAR (AC). Aviation safety is the primary consideration at airports, especially during construction_ This AC sets forth guidelines for operational safety on airports during construction. It contains major changes to the following areas: "Runway Safety Area," paragraph 3-2; "Taxiway Safety Areas/Object-Free Areas," paragraph 3-3; "Overview," paragraph 3-4; "Marking Guidelines for Temporary Threshold," paragraph 3-5; and "Hazard Marking and Lighting," paragraph 3-9. 2. WHAT THIS AC CANCELS. This AC cancels AC 150/5370-2D, Operational Safety on Airports During Construction, dated May 31, 2002. 3. READING MATERIAL RELATED TO THIS AC. Appendix 1 contains a list of reading materials on airport construction, design, and potential safety hazards during construction, as well as instructions for ordering these documents. Many of them, including this AC, are available on the Federal Aviation Administration (FAA) Web site. DAVID L. BENNETT Director, Office of Airport Safety and Standards Date: 1/17/03 AC No: 15015370-2E Initiated by: AAS-300 Change: 4. WHO THIS AC AFFECTS, This AC assists airport operators in complying with 14 Code of Federal Regulations (CPR), part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, and with the requirements of airport construction projects receiving funds under the Airport Improvement Program or from the Passenger Facility Charge Program. While the FAA does not require noncertificated airports without grant agreements to adhere to these guidelines, we recommend that they do so as it will help these airports maintain a desirable level of operational safety during construction. 5. ADDITIONAL BACKGROUND INFORMATION. Appendix 2 contains definitions of terms used in this AC. Appendix 3 provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Appendix 4 is a sample Notice to Airmen form. 6. HAZARD LIGHTING IMPLEMENTATION TIME LINE. Supplemental hazard lighting must be red in color by October 1, 2004. See paragraph 3-9 for more information. I f'. I I I I I H I r L I I I I I 1 1 I Li I Li I I I 7 I I I I I I I 1117/03 CONTENTS Paran raph AC 150/5370-2E Pape CHAPTER 1. GENERAL SAFETY -REQUIREMENTS AND RESPONSIBILITIES.................................................1 1-1. Overview..................................................................................................................................................................1 1-2. Who Is Responsible for Safety During Construction...............................................................................................1 CHAPTER2. SAFETY PLANS................................................................................................................................3 Section 1. Basic Safety Plan Considerations.......................................................................................................3 2-1. • Overview............................................................................................................................................... ........ 3 2-2. Safety Plan Checklist................................................................................................................................................3 Section2. Safety and Security Measures.............................................................................................................4 2-3. Overview.................................................................................................................................................................. 4 2-4. Vehicle Operation and Marking and Pedestrian Control..........................................................................................4 2-5. Construction Employee Parking Areas..................................................................................................................... 5 2-6. Construction Vehicle Equipment Parking................................................................................................................ 5 2-7. Radio Communication Training............................................................................................................................5 2-8. Fencing and Gates....................................................................................................................................................5 Section 3. Notification of Construction Activities................................................................................................ 5 2-9. General..................................................................................................................................................................... 5 2-10. Assuring Prompt Notifications.................................................................................................................................6 2-11. Notices to Airmen(NOTAMs).................................................................................................................................6 2-12. Aircraft Rescue and Fire Fighting (ARFF) Notification...........................................................................................6 2-13. Notification to the FAA............................................................................................................................................6 2-14. Work Scheduling and Accomplishment...................................................................................................................6 CHAPTER 3. SAFETY STANDARDS' AND GUIDELINES......................................................................................7 Section 1. Runway and Taxiway Safety Areas, Obstacle -Free Zones, and Object -Free Areas ...................... 7 3-I. Overview................................................................................................................................................................. 7 3-2. Runway Safety Area (RSA)/Obstacle-Free Zone(OFZ).......................................................................................... 7 3-3. Taxiway Safety Areas/Object-Free Areas................................................................ ......7 Section2. Temporary Runway Thresholds..........................................................................................................8 3-4. Overview................................................................................................................................................................. 8 3-5. Marking Guidelines for Temporary Threshold.........................................................................................................8 3-6. Lighting Guidelines for Temporary Threshold.........................................................................................................9 Section 3. Other Construction Marking and Lighting Activities......................................................................10 3-7. Overview................................................................................................................................................................10 3-8. Closed Runway and Taxiway Marking and Lighting.............................................................................................10 3-9. Hazard Marking and Lighting................................................................................................................................10 3-10. Construction Near Navigational Aids(NAVAIDs)................................................................................................1 I 3-11. Construction Site Access and Haul Roads..............................................................................................................11 3-12. Construction Material Stockpiling..........................................................................................................................11 3-13. Other Limitations on Construction.........................................................................................................................11 3-14. Foreign Object Debris (FOD) Management...........................................................................................................12 Section4. Safety Hazards and Impacts..............................................................................................................12 3-15. . Overview................................................................................................................................................................12 .1 AC 15015370-2E 1117103, Appendices 1 APPENDIX 1. RELATED READING MATERIAL................................................................................................... A-1 APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC.................................................................................. A-2 APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE.............................................................. A-3 APPENDIX4. SAMPLE NOTAM............................................................................................................................ A-7 1 1 1 1 1 1 1 • 1 • I 1 1 1 iv. • - 1 I 1117/03 AC 15015370-2E I CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES I I I I I I I H I I is l I I r 1-1. OVERVIEW. Hazardous practices and marginal conditions created by construction -activities can decrease or jeopardize operational safety on airports. To minimize disruption of normal aircraft operations and to avoid situations that compromise the airport's operational safety, the airport operator must carefully plan, schedule, and coordinate construction activities. While the guidance in this.AC is primarily used for construction operations, some of the methods and procedures described may also enhance day- to-day maintenance operations. 1-2. WHO IS RESPONSIBLE FOR SAFETY DURING CONSTRUCTION. An airport operator has overall responsibility for construction activities on an airport. This includes the predesign, design, preconstruction, construction, and inspection phases. Additional information on these responsibilities can be found throughout this AC. a. Airport operator's responsibilities — (1) Develop internally or approve a construction safety plan developed by an outside consultant/contractor that complies with the safety guidelines in Chapter 2, "Safety Plans," and Appendix 3, "Airport Construction Safety Planning Guide," of this AC. (2) Require contractors to submit plans indicating how they intend to comply with the safety requirements of the project. (3) Convene a meeting with the construction contractor, consultant, airport employees, and, if appropriate, tenant sponsor to review and discuss project safety before beginning construction activity. (4) Ensure contact information is accurate for each representative/point of contact identified in the safety plan. (5) Hold weekly or, if necessary, daily safety meetings to coordinate activities. (6) Notify users, especially aircraft rescue and fire fighting (ARFF) personnel, of construction activity and conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOTAMs) or other methods, as appropriate. Convene a meeting for review and discussion if necessary. (7) Ensure that construction personnel know of any applicable airport procedures and of changes to those procedures that may affect their work. (8) Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) Develop and/or coordinate a construction vehicle plan with airport tenants, the airport traffic control tower (ATCT), and construction contractors. Include the vehicle plan in the safety plan. See Chapter 2, section 2, of this AC for additional information. (10) Ensure tenants and contractors comply with standards and procedures for vehicle lighting, marking, access, operation, and communication. (11) At certificated airports, ensure that each tenant's construction safety plan is consistent with 14 CFR part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. (12) Conduct frequent inspections to ensure construction contractors and tenants comply with the safety plan and that altered construction activities do not create potential safety hazards. (13) Resolve safety deficiencies immediately. (14) Ensure construction access complies with the security requirements of 49 CFR part 1542, Airport Security. (15) Notify appropriate parties when conditions exist that invoke provisions of the safety plan (e.g., implementation of low -visibility operations). b. Construction contractor's responsibilities — (1) Submit plans to the airport operator on how to comply with the safety requirements of the project. (2) Have available a copy of the project safety plan. (3) Comply with the safety plan associated with the construction project and ensure that construction personnel are familiar with safety procedures and regulations on the airport. (4) Provide a point of contact who will coordinate an immediate response to correct any construction -related activity that may adversely affect the operational safety of the airport. (5) Provide a safety officer/construction inspector familiar with airport safety to monitor construction activities. (6) Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. AC 15015370-2E 1117103 (7) - Ensure that no construction employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations areas (AOAs) from the construction site unless authorized. c. Tenant's responsibilities if planning construction activities on leased property — (1) Develop a safety plan, and submit it to the airport operator for approval prior to issuance of a Notice to Proceed (2) Provide a point of contact who will coordinate an immediate response to correct any `a construction -related activity that may adversely affect the operational safety of the airport. (3) Ensure that no tenant or construction employees, employees of subcontractors or suppliers, or. any other persons enter any part of the AOA from the construction site unless authorized. (4) Restrict movement of construction vehicles to construction areas by flagging and barricading or erecting temporary fencing. 1/17/03 CHAPTER 2. SAFETY PLANS Section 1. Basic Safety Plan Considerations 2-1. OVERVIEW. Airport operators should coordinate safety issues with the air carriers, FAA Airway Facilities, and other airport tenants before the design phase of the project The airport operator should identify project safety concerns, requirements, and impacts before making arrangements with contractors and other personnel to perform work on an airport. These safety concerns will serve as the foundation for the construction safety plan and help maintain a high level of aviation safety during the project. The airport operator should determine the level of complexity of the safety plan that is necessary for each construction project and its phases. The safety plan may be detailed in the specifications included in the invitation for bids, or the invitation for bid may specify that the contractor develop the safety plan and the airport operator approve it. In the latter case, the invitation for bid should contain sufficient information to allow the contractor to develop and determine the costs associated with the safety plan. In either case, safety plan costs should be incorporated into the total cost of the project. The airport operator has final approval authority and responsibility for all safety plans. Coordination will vary from formal predesign conferences to informal contacts throughout the duration of the construction project. Details of a specified safety plan, or requirements for a contractor -developed safety plan, should be discussed at the predesign and preconstruction conferences and should include the following, as appropriate: a. Actions necessary before starting construction, including defining and assigning responsibilities. b. Basic responsibilities and procedures for disseminating instructions about airport procedures to the contractor's personnel. c. Means of separating construction areas from aeronautical -use areas. d. Navigational aid (NAVAID) requirements and weather. e. Marking and lighting plan illustrations. f. Methods of coordinating significant changes in airport operations with all the appropriate parties. AC 15015370-2E 2-2. SAFETY PLAN CHECKLIST. To the extent applicable, the safety plan should address the following: a. Scope of work to be performed, including proposed duration of work. b. Runway and taxiway marking and lighting. c. Procedures for protecting all runway and taxiway safety areas, obstacle -free zones (OFZs), object -free areas (OFAs), and threshold citing criteria outlined in AC 150/5300-13, Airport Design, and as described in this AC. This includes limitations on equipment height and stockpiled material. d. Areas and operations affected by the construction activity, including possible safety problems. e. NAVAIDs that could be affected, especially critical area boundaries. f. Methods of separating vehicle and pedestrian construction traffic from the airport movement areas. This may include fencing off construction areas to keep equipment operators in restricted areas in which they are authorized to operate. Fencing, or some other form of restrictive barrier, is an operational necessity in some cases. g. Procedures and equipment, such as barricades (identify type), to delineate closed construction areas from the airport operational areas, as necessary. h. Limitations on construction. i. Required compliance of contractor personnel with all airport safety and security measures. j. Location of stockpiled construction materials, construction site parking, and access and haul roads. k. Radio communications. 1. Vehicle identification. m. Trenches and excavations and cover requirements. 3 AC 15015370-2E 1 1117103 . n. Procedures for notifying ARFF personnel if water lines or fire hydrants must be deactivated or if emergency access routes must be rerouted or blocked. o. Emergency notification procedures for medical and police response. p. Use of temporary visual aids. q. Wildlife management. r. Foreign object debris (FOD) control provisions. s. Hazardous materials (HAZMAT) management. t. NOTAM issuance. U. Inspection requirements. v. Procedures for locating and protecting existing underground utilities, cables, wires, pipelines, and other underground facilities in excavation areas. Section 2. Safi 2-3. OVERVIEW. w. Procedures for contacting responsible representatives/points of contact for all involved parties. This should include off -duty contact information so an immediate response may be coordinated to correct any construction -related activity that could adversely affect the operational safety of the airport. Particular care should be taken to ensure that appropriate Airways Facilities personnel are identified in the event that an unanticipated utility outage or cable cut occurs that impacts FAA NAVArDs. x. Vehicle operator training. y. Penalty provisions for noncompliance with airport rules and regulations and the safety plan (e.g., if a vehicle is involved in a runway incursion). z. Any special conditions that affect the operation of the airport and will require a portion of the safety plan to be activated (e.g., low -visibility operations, snow removal). aty and Security Measures Airport operators are responsible for closely monitoring tenant and construction contractor activity during the construction project to ensure continual compliance with all safety and security requirements. Airports subject to 49 CFR part 1542, Airport Security, must meet standards for access control, movement of ground vehicles, and identification of construction contractor and tenant personnel. In addition, airport operators should use safety program standards, as described in Chapter 3 of this AC, to develop specific safety measures to which tenants and construction contractors must adhere throughout the duration of construction activities. General safety provisions are contained in AC 150/5370-10, Standards for Specifying Construction of Airports, paragraphs 40-05, "Maintenance of Traffic"; 70-08, "Barricades, Warning Signs, and Hazard Markings"; and 80-04, "Limitation of Operations." At any time during construction, aircraft operations, weather, security, or local airport rules may dictate more stringent safety measures. The airport operator should ensure that both general and specific safety requirements are coordinated with airport tenants and ATCT personnel. The airport operator should also include these parties in the coordination of all bid documents, construction plans, and specificationsfor on -airport construction projects. 2-4. VEHICLE OPERATION AND MARKING AND PEDESTRIAN CONTROL. Vehicle and pedestrian access routes for airport construction projects must be controlled to prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. This includes aircraft movement and nonmovement areas. The airport operator should develop and coordinate a construction vehicle plan with airport tenants, contractors, and the ATCT. - The safety plan or invitation for bid should include specific vehicle and pedestrian requirements. The vehicle plan should contain the following items: a. Airport operator's rules and'regulations for vehicle marking, lighting, and operation. b. Requirements for marking and identifying vehicles in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. c. Description of proper vehicle operations on movement and nonmovement areas under normal, lost communications, and emergency conditions. d. Penalties for noncompliance with driving rules and regulations. e, Training requirements for vehicle drivers to ensure compliance with the airport operator's vehicle rules and regulations. f. Provisions for radio communication training for construction contractor personnel engaged in construction activities around aircraft movement areas. Some drivers, I I I I J I I I J l J I L I 1/17103 I I Li I I I I I 1 I I Li LI Li I I such as construction drivers under escort, maynot require this training. g. Escort procedures for construction vehicles requiring access to aircraft movement areas. A vehicle in the movement area must have a working aviation -band, two-way radio unless it is under escort. Vehicles can be in closed areas without a radio if the closed area is properly marked and lighted to prevent incursions and a NOTAM regarding the closure is issued. - h. Monitoring procedures to ensure that vehicle drivers are in compliance with the construction vehicle .plan. i. Procedures for, if appropriate, personnel to control access through gates and fencing or across aircraft movement areas. 2-5. CONSTRUCTION EMPLOYEE PARKING AREAS. Designate in advance vehicle parking areas for contractor employees to prevent any unauthorized entry of persons or vehicles onto the airport movement area. These areas should provide reasonable contractor employee access to the job site. 2-6. CONSTRUCTION VEHICLE EQUIPMENT PARKING. Construction employees must park and service all construction vehicles in an area designated by the airport operator outside the runway safety areas and OFZs and never on a closed taxiway or runway. Employees should also park construction vehicles outside the OFA when not in use by construction personnel (e.g., overnight, on weekends, or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the ATCT to any taxiways or runways under air traffic control nor, obstruct any runway visual aids, signs, or navigational aids. The FAA must also study those areas to determine effects on 14 CFR part 77, Objects Affecting Navigable Airspace, surfaces (see paragraph 2-13 for further information). 2-7. RADIO COMMUNICATION TRAINING. The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement 2-9. GENERAL. AC 15015370-2E areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without ATCTs. Training of contractors on proper communication procedures is essential for maintaining airport operational safety. When operating vehicles on or near open runways or taxiways, construction personnel must understand -the critical importance of maintaining radio contact with airport operations, ATCT, or the Common Traffic Advisory Frequency, which may include UNICOM, MULTICOM, or one of the FAA Flight, Service Stations (FSS), as directed by airport management. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the ATCT, eseori, flagman, signal light, or other means appropriate for the particular airport. Vehicle drivers must confirm by personal observation that no aircraft is approaching their position when given clearance to cross a runway. In addition, it is the responsibility of the escort vehicle driver to verify the movement/position of all escorted vehicles at any given time. Even though radio communication is maintained, escort vehicle drivers must also familiarize themselves with ATCT light gun signals in the event of radio failure (see the FAA safety placard "Ground Vehicle Guide to Airport Signs and Markings"). This safety placard may be ordered through the Runway Safety Program Web site at http://www.faarsp.org or obtained from the Regional Airports Division Office. 2-8. FENCING AND GATES. Airport operators and contractors must take care to maintain a high level of safety and security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and people (especially minors). Procedures should be in place to ensure that only authorized persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another person or vehicle. The Department of Transportation (DOT) document DOT/FAA/AR-00152, Recommended Security Guidelines for Airport Planning and Construction, provides more specific information on fencing. A copy of this document can be obtained from the Airport Consultants Council, Airports Council International, or American Association of Airport Executives. Section 3. Notification of Construction Activities In order to maintain the desired levels of operational safety on airports during construction activities, the safety plan should contain the notification actions described below. 5 AC 15015370-2E 2-10. ENSURING PROMPT. NOTIFICATIONS. The airport operator should establish and follow procedures for the immediate notification of airport users and the FAA of any conditions adversely affecting the operational safety of an airport. 2-11. NOTICES TO AIRMEN (NOTAMS). The airport operator must provide information on closed or hazardous conditions on airport movement areas to the FSS so it can issue a NOTAM. The airport operator must coordinate the issuance, maintenance, and cancellation of NOTAMs about airport conditions resulting from construction activities with tenants and the local air traffic facility (control tower, approach control, or air traffic control center. Refer to AC 150/5200-28, Notices to Airmen (NOTAMs) for Airport Operators, and Appendix 4 in this AC for a sample NOTAM form. Only the FAA may issue or cancel NOTAMs on shutdown or irregular operation of FAA -owned facilities. Only the airport .,. operator or an authorized representative may issue or cancel NOTAMs on airport conditions. (The airport owner/operator is the only entity that can close or open a runway.) The airport operator must file and maintain this list of authorized representatives with the FSS. Any person having reason to believe that a NOTAM is missing, incomplete, or inaccurate must notify the airport operator. 2-12. AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) NOTIFICATION. The safety plan must provide procedures for notifying ARFF personnel, mutual aid providers, and other emergency services if construction requires shutting off or otherwise disrupting any water line or fire hydrant on the airport or adjoining areas and if contractors work with hazardous material on the airfield. Notification procedures must also be developed for notifying ARFF and all other emergency personnel when the work performed will close or affect any emergency routes. Likewise, the procedures must address appropriate notifications when services are restored. 2-13. NOTIFICATION TO THE FAA. For certain airport projects, 14 CFR part 77 requires notification to the FAA. In addition to applications made for Federally funded construction, 14 CFR part 157, Notice of Construction, Alteration, Activation, and I 1117103 Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever a non -Federally funded project involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting FAA -Form 7480-1, Notice of Landing Area Proposal, to the nearest FAA Regional Airports Division Office or Airports District Office. Also, any person proposing any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77 must notify the FAA. This includes construction equipment and proposed parking areas for this equipment (i.e., cranes, graders, etc.). FAA Form 7460-1, Notice of Proposed.Construction or Alteration, can be used for this purpose and submitted to the FAA Regional Airports Division Office or Airports District Office. (See AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace.) If construction operations require a shutdown of an airport owned NAVAID from service for more than 24 hours or in excess of 4 hours daily on consecutive days, we recommend a 45 -day minimum notice prior to facility shutdown. Coordinate work for a FAA owned NAVAID shutdown with the local FAA Airways Facilities Office. In addition, procedures that address unanticipated utility outages and cable cuts that could impact FAA NAVAIDs must be addressed. 2-14. WORK SCHEDULING AND ACCOMPLISHMENT. Airport operators —or tenants having construction on their leased properties —should use predesign, prebid, and preconstruction conferences to introduce the subject of airport operational safety during construction (see AC 15015300-9, Predesign, Prebid, and Preconstruction Conferencesfor Airport Grant Projects). The airport operator, tenants, and construction contractors should integrate operational safety requirements into their planning and work schedules as early as practical. Operational safety should be a standing agenda item for discussion during progress meetings throughout the project. The contractor and airport operator should carry out onsite inspections throughout the project and immediately remedy any deficiencies, whether caused by negligence, oversight, or project scope change. 1 I I 1 I I 1 L I I I I I 1 I 1117103 AC 15015370-2E u CHAPTER 3. SAFETY STANDARDS AND GUIDELINES 1 I 1 I J I I I I Section 1. Runway and Taxiway Safety Areas, Obstacle -Free Zones; and Object -Free Areas 3-1. OVERVIEW. Airport operators must use these safety guidelines when preparing plans and specifications for construction activities in areas that may interfere with aircraft operations. The safety.plan should recognize and address these standards for each airport construction project. However, the safety plan must reflect the specific needs of a particular project, and for this reason, these safety guidelines should not be, incorporated verbatim into project specifications. For additional guidance on meeting safety and security requirements, refer to the planning guide template included in Appendix 3 of this AC. 3-2. RUNWAY SAFETY AREA (RSA)/ OBSTACLE -FREE ZONE (OFZ). A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway (see AC 15015300-13, Airport Design). Construction activities within the standard RSA are subject to the following conditions: a. Runway edges. (1) No construction may occur closer than 200 feet (60m) from the runway centerline unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA width available during construction, or 400 feet, whichever is less (see AC 150/5300-13, Tables 3-1 through 3-3). (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The airport operator must coordinate the ,construction activity in the RSA as permitted above with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. I 1 1 1 b. Runway ends. (1) An RSA must be maintained of such dimensions that it extends beyond the end of the runway a distance equal to that which existed before construction activity, unless the runway is closed or restricted to aircraft operations for which the reduced RSA is adequate (see AC 150/5300-13). The temporary use of declared distances arid/or partial runway closures may help provide the necessary RSA. In addition, all personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined.in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13.Consult with the appropriate FAA Regional Airports Division Office or Airports District Office to determine the appropriate approach surface required. (2) Personnel, material, and/or equipment .must not penetrate the OFZ, as defined in AC 150/5300- 13, (3) The safety plan must provide procedures for ensuring adequate distance for blast protection, if required by operational considerations. (4) The airport operator must coordinate construction activity in this portion of the RSA with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. C. Excavations. (1) Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. (2) Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. If the runway must be opened before excavations are backfilled, cover the excavations appropriately. Coverings for open trenches or excavations must be of sufficient strength to support the weight of the heaviest aircraft operating on the runway. 3-3. TAXIWAY SAFETY AREAS/OBJECT- FREE AREAS. a. Unrestricted construction activity is permissible adjacent to taxiways when the taxiway is restricted to aircraft such that the available taxiway safety area is equal 'If a full safety area cannot be obtained through declared distances and partial closures, or other methods such as alternate runway use, construction activity may operate in the RSA as . long as conditions cited in paragraph 3-lb(2) thru (4) are met in addition, various surfaces outlined in AC 150/5300-13 and Terminal Instrument Procedures (TBRPS) must be protected through an aeronautical study. r-� L AC 15015370-2E 1/17103 to at least'/a of the widest wingspan of the aircraft expected to use the taxiway and the available taxiway object -free area is equal to at least .7 times the widest wingspan plus 10 feet. (See AC 150/5300-13 for guidance on taxiway safetyand object -free areas.) Construction activity may be accomplished closer to a taxiway, subject to the following restrictions: (I) The activity is first coordinated with the airport operator. (2) Appropriate NOTAMs are issued. main landing gear at the edge of the pavement), then it will be necessary to move personnel and equipment for each passing aircraft. In these situations, flag persons will be used to direct construction equipment, and wing walkers may be necessary to guide aircraft. Wing walkers should be airline/aviation personnel rather than construction workers. b. Construction contractors must prominently mark open trenches and excavations at the construction site, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness (3) Marking and lighting meeting the c. Excavations and open trenches may be permitted provisions of paragraph 3-9 are implemented. up to the edge of a structural taxiway and apron pavement provided the dropoff is marked and lighted per paragraph (4) Adequate clearance is maintained between 3-9, "Hazard Marking and Lighting." equipment and materials and any part of an aircraft. If such clearance can only be maintained if an aircraft does not have full use of the entire taxiway width (with its Section 2. Temporary Runway Thresholds 3-4. OVERVIEW. Construction activity in a runway approach area may result in the need to partially close a runway or displace the existing runway threshold. In either case, locate the threshold in accordance with Appendix 2 of AC 15015300-13, Airport Design. Objects that do not penetrate these surfaces may still be obstructions to air navigation and may affect standard instrument approach procedures. Coordinate these objects with the FAA's Regional Airports Office or appropriate Airports District Office, as necessary. Refer to the current edition of AC 150/5300-13 for guidance on threshold siting requirements. The partial runway closure, the displacement of the runway threshold, as well as closures of the complete runway and other portions of the movement area also requires coordination with appropriate ATCT personnel and airport users. Caution regarding partial runway closures; When filing a NOTAM for a partial runway closure, clearly state to FSS personnel that the portion of pavement located prior to the threshold is not available for landing and departing traffic. In this case, the threshold has been moved for both landing and takeoff purposes (this is different than a displaced threshold). Example NOTAM: "North 1,000 feet of Runway 18/36 is closed; 7,000 feet remain available on Runway 18 and Runway 36 for arrivals and departures." There may be situations where the portion of closed runway is available for taxiing only. If so, the NOTAM must reflect this condition. Caution regarding displaced thresholds: Implementation of a displaced. threshold affects runway length available for aircraft landing over the displacement Depending on the reason for the displacement (to provide obstruction clearance or RSA), such a displacement may also require an adjustment in the landing distance available and accelerate -stop distance available in the opposite direction. If project scope includes personnel, equipment, excavation, etc. within the RSA of any usable runway end, we do not recommend a displaced threshold unless arrivals and departures toward the construction activity are prohibited. Instead, implement a partial closure. 3-5. MARKING GUIDELINES FOR TEMPORARY THRESHOLD. Ensure that markings for temporary displaced thresholds are clearly visible to pilots approaching the airport to land. When construction personnel and equipment are located close to any threshold, a temporary visual NAVAID, such as runway end identifier lights (REIL), may be required (even on unlighted runways) to define the now beginning of the runway clearly. A visual vertical guidance device, such as a visual approach slope indicator (VAST), pulse light approach slope indicator (PLAST), or precision approach path indicator (PAPI), may be necessary to assure landing clearance over personnel, vehicles, equipment, and/or above -grade stockpiled materials. If such devices are installed, ensure an appropriate descriptive NOTAM is issued to inform pilots of these conditions. The current edition of AC 150/5340-1, Standards for Airport Markings, describes standard marking colors and layouts. In addition, we recommend that a temporary runway threshold be marked using the following guidelines: a. Airport markings must be clearly visible to pilots; not misleading, confusing, or deceptive; secured in place to prevent movement by prop wash, jet blast, wing vortices, or other wind currents; and constructed of I i r I I I I I I I I 1 1117103 AC 15015370-2E Imaterials that would minimize damage to an aircraft in 3-6. LIGHTING GUIDELINES FOR the event of inadvertent contact. TEMPORARY THRESHOLD. ' (1) Pavement markings for temporary closed portions of the runway should consist of yellow chevrons A temporary runway threshold must be lighted if the to identify pavement areas that are unsuitable for runway is lighted and it is the intended threshold for night takeoff/landing (see AC 15015340-1). If unable to paint landings or instrument meteorological conditions. We U the markings on the pavement, construct them from any recommend that temporary threshold lights and related of the following materials: double -layered painted snow visual NAVAIDs be installed outboard of the edges of the fence, colored plastic, painted sheets of plywood, or full-strength pavement with bases at grade level or as low similar materials. They must be properly configured and as possible, but not to exceed 3 inches (7.6cm) above secured to prevent movement by prop wash, jet blast, or ground. When any portion of a base is above grade, place other wind currents, properly compacted fill around the base to minimize the rate of gradient -change so aircraft can, in an emergency, (2) It may be necessary to remove or cover cross at normal landing or takeoff speeds without • runway markings, such as runway designation markings incurring significant damage (see AC 150/5370-10). We and aiming point markings, depending on the length of recommend that the following be observed when using construction and type of activity at the airport, temporary runway threshold lighting: (3) When threshold markings are needed to identify the temporary beginning of the runway that is a. Maintain threshold and edge lighting color and available for landing, use a white threshold bar of the spacing standards as described in AC 150/5340-24, dimensions specified in AC 150/5340 1. Runway and Taxiway Edge Lighting System. Battery -powered, solar, or portable lights that meet the (4) If temporary outboard elevated or flush criteria in AC 15015345-50, Specification for Portable threshold bars are used, locate them outside of the runway Runway Lights, may be used. These systems are intended pavement surface, one on each side of the runway. They primarily for visual flight rules (VFR) aircraft operation should be at least 10 feet (3m) in width and extend but may be used for instrument flight rules (IFR) aircraft outboard from each side of the runway so they are clearly operations, upon individual approval from the Flight visible to landing and- departing aircraft. These threshold Standards Division of the applicable FAA Regional I bars are white. If the white threshold bars are not discernable on grass or snow, apply a black background Office. with appropriate material over the ground to ensure the b. When the runway has been partially closed, markings are clearly visible, disconnect edge and threshold lights with associated {5) A temporary threshold may also be isolation transformers on that part of the runway at and I marked with the use of retroreflective, elevated markers. behind the threshold (i.e., the portion of the runway that is One side of such markers is green to denote the approach closed). Alternately, cover the light fixture in suck! a way end of the runway; the side that is seen by pilots on as to prevent light leakage. Avoid removing the lamp rollout is red. See AC 150/5345-39, FAA Specification L- from energized fixtures because an excessive number of 853, Runway and Taxiway efIective Markers, isolation transformers with open secondaries may damage the regulators and/or increase the current above its normal (6) At 14 CFR part 139 certificated airports, value. temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR part 139.309). c. Secure, identify, and place any temporary However, at noncertificated airports, the temporary exposed wiring in conduit to prevent electrocution and elevated threshold markings may either be mounted with fire ignition sources. ' a frangible fitting or be flexible. See AC 150/5345-39. d. Reconfigure yellow lenses (caution zone), as b. The application rate of the paint to mark a short- necessary. If the runway has centerline lights, reconfigure term temporary runway threshold may deviate from the the red lenses, as necessary, or place the centerline lights standard (see Item P-620, "Runway and Taxiway out of service, Painting," in AC 150/5370-10, Standards for Specifying Construction of Airports), but the dimensions must meet e. Relocate the visual glide slope indicator (VLSI), the existing standards, unless coordinated with the such as VASI and PAPI; other airport lights, such as ' appropriate offices. REIL; and approach lights to identify the temporary threshold. Another option is to disable the VLSI or any c. When a runway is partially closed, the distance equipment that would give misleading indications to remaining signs for aircraft landing in the opposite pilots as to the new threshold location. Installation of direction should be covered or removed during the temporary visual aids may be necessary to provide construction, adequate guidance to pilots on approach to the affected 1 runway. If the FAA owns and operates the VGSI, AC 15015370-2E t 1117103 coordinate its installation or disabling with the local Airway Facilities Systems Management Office. 3-7. OVERVIEW. f. Issue a NOTAM to inform pilots of temporary lighting conditions. . Section 3. Other Construction Marking and Lighting Activities Ensure that construction areas, including closed runways, are clearly and visibly separated from movement areas and that hazards, facilities, cables, and power lines are identified prominently for construction contractors. Throughout the duration of the construction project, verify that these areas remain clearly marked and visible at all times and that marking and lighting aids remain in place and operational. Routine inspections must be made of temporary construction lighting, especially battery - powered lighting since weather conditions can limit battery life. 3-8. CLOSED RUNWAY AND TAXIWAY MARKING AND LIGHTING. Closed runway markings consist of a yellow "X" in compliance with the standards of AC 150/5340-1, Standards for Airport Markings. A very effective and preferable visual aid to depict temporary closure is the lighted "X" signal placed on or near the runway designation numbers. This device is much more discernible to approaching aircraft than the other materials described. If the lighted "X" is not available, construct the marking of any of the following materials: double -layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. In addition, the airport operator may install barricades, traffic cones, activate stop bars, or other acceptable visual devices at major entrances to the runways to prevent aircraft from entering a closed portion of runway. The placement of even a single reflective barricade`with a "do not enter" sign on a taxiway centerline can prevent an aircraft from continuing onto a closed runway. If the taxiway must remain open for aircraft crossings, barricades or markings, as described above or in paragraph 3-9, should be placed on the runway. a. Permanently closed runways. Far runways and taxiways that have been permanently closed, disconnect the lighting circuits. For runways, obliterate the threshold marking, runway designation marking, and touchdown zone markings, and place 'X's" at each end and at 1,000 -foot (300-m) intervals. For taxiways, place an "X" at the entrance of the closed taxiway. it. b. Temporarily closed runway and taxiways. For runways that have been temporarily closed, place an "X" at the each end of the runway. With taxiways, place an "X" at the entrance of the closed taxiway. c. Temporarily closed airport. When the airport is closed temporarily, mark the runways. as closed and turn off the airport beacon. d. Permanently closed airports When the airport is closed permanently, mark the runways as permanently closed, disconnect the airport beacon, and place an "X" in the segmented circle or at a central location if no segmented circle exists. 3-9. HAZARD MARKING AND LIGHTING. Provide prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, . personnel, or vehicles. Using appropriate hazard marking and lighting may . prevent damage, injury, traffic delays, and/or facility closures. Hazard marking and lighting must restrict access and make specific hazards obvious to pilots, vehicle drivers, and other personnel. Barricades, traffic cones (weighted or sturdily attached to the surface), or flashers are acceptable methods used to identify and define the limits of construction and hazardous areas on airports. Provide temporary hazard marking and lighting to prevent aircraft from taxiing onto a closed runway for takeoff and to identify open. manholes, small areas under repair, stockpiled material, and waste areas. Also consider less obvious construction -related hazards and include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (11.5) critical areas; airport surfaces, such as RSA. OFA, and OFZ; and other sensitive areas to make it easier for contractor personnel to avoid these areas. The construction specifications must include a provision requiring the contractor to have a person on call 24 hours a day for emergency maintenance of airport hazard lighting and barricades. The contractor must file the contact person's information with the airport. a. Nonmovement areas. Indicate construction locations on nonmovement areas in which no part of an aircraft may enter by using barricades that are marked with diagonal, alternating orange and white stripes. Barricades may be supplemented with alternating I I I I I I I I I I I I I I I I I I Iii I 1 I I I I I I I I 1 Li I I 1/17/03 orange and white flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so they are always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades may be many different shapes and made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels. During reduced visibility or night hours, supplement the barricades with red lights, either flashing or steady -burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004). The intensity of the lights and spacing for barricade flags and lights must adequately and without ambiguity delineate the hazardous area. b. Movement areas. Use orange traffic cones; red lights, either flashing or steady -burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004); collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate all construction/maintenance areas from the movement area. All barricades, temporary markers, and other objects placed and left in safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground, of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above the ground. Do not use nonfrangible hazard markings, such as concrete barriers and/or metal -drum -type barricades, in aircraft movement areas. Do not use railroad ties on runways. Use highly reflective barriers with flashing or steady - burning red lights to barricade taxiways leading to closed runways. Evaluate all operating factors when determining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period of time. However, we strongly recommend that, even for closures of relatively short duration, major taxiway/runway intersections be identified with barricades spaced no greater than 20 feet.(6m) apart Mark the barricades with a flashing or steady -burning red light. At a minimum, use a single barricade placed on the taxiway centerline. 3-10. CONSTRUCTION NEAR NAVIGATIONAL AIDS (NAVAIDS). Construction activities, materials/equipment storage, and vehicle parking near electronic NAVAIDs require special consideration since they may interfere with signals essential to air navigation. Evaluate the effect of construction activity and the required distance and direction from the NAVAID for each construction project. Pay particular attention to stockpiling material, as well as AC 150/5370-2E to movement and parking of equipment that may interfere with line of sight from the ATCT or with electronic emissions. Interference from construction may require NAVAID shutdown or adjustment of instrument approach minimums for [FR. This condition requires that a NOTAM be filed. Construction activities and materials/equipment storage near a NAVAID may also obstruct access to the equipment and instruments for maintenance. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near a NAVAID, consult with the nearest FAA Airway Facilities Office. 3-11. CONSTRUCTION SITE ACCESS AND HAUL ROADS. Determine the construction contractor's access to the construction sites and haul roads. Do not permit the construction contractor to use any access or haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airport operator for evaluation and approval as part of the safety plan before beginning construction activities. These proposed routes must also provide specifications to prevent inadvertent entry to movement areas. Pay special attention to ensure that ARFF right of way on access and haul roads is not impeded at any time and that construction traffic on haul roads does not interfere with NAVAIDs or approach surfaces of operational runways. 3-12. CONSTRUCTION MATERIAL STOCKPILING. Stockpiled materials and equipment storage are not permitted within the RSA and OFZ of an operational runway. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. This includes determining and verifying that materials are stored at an approved location to prevent foreign object damage and attraction of wildlife. 3-13. OTHER LIMITATIONS ON CONSTRUCTION. Contractors may not use open -flame welding or torches unless adequate fire safety precautions are provided and the airport operator has approved their use. Under no circumstances should flare pots be used within the AOA at any time. The use of electrical blasting caps must not be permitted on or within 3,000 feet (300m) of the airport property (see AC 150/5370-10, Standards far Specing Construction ofAirports). 11 AC 15015370-2E f 1117103 3-14. FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT. Waste and loose materials, commonly referred to as FOD, are capable of causing damage to aircraft landing gears, propellers, and jet engines. Construction contractors must 3-15. OVERVIEW. not leave or place FOD-on or near active aircraft movement areas. Materials tracked onto these areas must be continuously removed during the construction project We also recommend that airport operators and construction contractors carefully control and continuously remove waste or loose materials that might attract wildlife, Section 4. Safety Hazards and Impacts The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. Airport operators and contractors should consider the following when performing inspections of construction activity: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds of earth, construction materials, temporary structures, and other obstacles near any open runway, taxiway, or taxilane; in the related object -free area and aircraft approach or departure areas/zones; or obstructing any sign or marking. c. Runway resurfacing projects resulting in lips exceeding 3 inches (7.6cm) from pavement edges and ends. d. Heavy equipment (stationary or mobile) operating or idle near AOAs, in runway approaches and departures areas, or in OFZs. e. Equipment or material near NAVAIDs that may degrade or impair radiated signals and/or the monitoring of navigational and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown. f. Tall and especially relatively low -visibility units (i.e., equipment with slim profiles) —cranes, drills, and similar objects —located in critical areas, such as OFZs and approach zones. g. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxilane or in a related safety, approach, or departure area. h. Obstacles, loose pavement, trash, and other debris on or near AOAs. Construction debris (gravel, 12 sand, mud, paving materials, etc.) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, loose materials may blow about, potentially causing personal injury or equipment damage. I. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate construction areas from open AOAs create aviation hazards. j. Improper or inadequate marking or lighting of runways (especially thresholds that have been displaced or runways that have been closed) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOAs create aviation hazards.. It. Wildlife attractants —such as trash (food scraps not collected from construction personnel activity), grass seeds, or ponded water —on or near airports. 1. Obliterated or faded markings on active operational areas. m. Misleading or malfunctioning obstruction lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. n. Failure to issue, update, or cancel NOTAMs about airport or runway closures or other construction -related airport conditions. o. Failure to mark and identify utilities or power cables. Damage to utilities and power cables"during construction activity can result in the loss of runway/taxiway lighting; loss of navigational, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. p. Restrictions on ARFF access from fire stations to the runway -taxiway system or airport buildings. q. Lack of radio communications with construction vehicles in airport movement areas. r. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport I I I I I 1 I I I El El H H Li I I I ri I I I I I I 1 I 1 I I I I I I I 1/17103 that could be distracting, confusing, or alarming to pilots during aircraft operations. s. Water, snow, dirt, debris, or other contaminants that temporarily, obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. t. Spillage from vehicles (gasoline, diesel fuel, oil, etc.) on active pavement areas, such as runways, taxiways, ramps, and airport roadways. u. Failure to maintain drainage system integrity during construction (e.g., no temporary drainage provided when working on a drainage system). AC 15015370-2E v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the contractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or fire ignition hazard. Identify and secure wiring, and place it in conduit or bury it. y. Site burning, which can cause possible obscuration. z. Construction work taking place outside of designated work areas and out of phase. 13 I I I I I I I I I I I I I I I I 1 I I I 7 I fl I I I Li 1 I I LI I I I I 1117103 APPENDIX 1. RELATED READING MATERIAL 1. Obtain the latest version of the following free publications from the FAA on its Web site at httpJ/www.faa.gov/arp/. In addition, these ACs are available by contacting the U.S. Department of Transportation, Subsequent Distribution Office, SVC- 121.23, Ardmore.East Business Center, 3341 Q 75th Avenue, Landover, MD 20785. a. AC 150/5200-28, Notices to Airmen (NOTAM) for Airport Operators. Provides guidance for the use of the NOTAM System in airport reporting. b. AC 150/5200-30, Airport Winter Safety and Operations. Provides guidance to airport owners/operators on the development of an acceptable airport snow and ice control program and on appropriate field condition reporting procedures. c. AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports. Provides guidance on locating certain land uses having the potential to attract hazardous wildlife to public -use airports. d. AC 150/52I0-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. Provides guidance, specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. e. AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection. Provides guidance for the selection of a water source and standards for the design of a distribution system to support aircraft rescue and fire fighting service operations on airports. f. AC 150/5340-1, Standardsfor Airport Markings Contains FAA standards for markings used on airport runways, taxiways, and aprons. g. AC 150/5340-14B, Economy Approach Lighting Aids. Describes standards for the design, selection, siting, and maintenance of economy approach lighting aids. AC 150/5370-2E h. AC 150/5340-18, Standards for Airport Sign Systems. Contains FAA standards for the siting and installation of signs on airport runways and taxiways. I. AC 150/5345-28, Precision Approach Path Indicator (PAPI) Systems. Contains the FAA standards for PAPI systems, which provide pilots with visual glide slope guidance during approach for landing. j. AC 15015380-5, Debris Hazards at Civil Airports. Discusses problems at airports, gives information on foreign objects, and explains how to eliminate such objects from operational areas. k. AC 7017460-2, Proposed Construction or Alteration of Objects that. May Affect the Navigable Airspace. Provides information to persons proposing to erect or alter an object that may affect navigable airspace and explains the need to notify the FAA before construction begins and the FAA's response to those notices, as required by 14 CFR part 77. 2. Obtain copies of the following.publications from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Send a check or money order made payable to the Superintendent of Documents in the amount stated with your request. The Government Printing Office does not. accept C.O.D. orders. In addition, the FAA makes these ACs available at no charge on the Web site at http://www.fan.gov/arp/. a. AC 15015300-13, Airport Design. Contains FAA standards and recommendations for airport design, establishes approach visibility minimums as an airport design parameter, and•contains the object -free area and the obstacle free -zone criteria. ($26. Supt. Docs.) SN050-007-01208-0. b. AC 15015370-10, Standards for Specifying Construction ofAirports. Provides standards for construction of airports. Items covered include earthwork, drainage, paving, turfing, lighting, and incidental construction. ($18. Supt. Docs.) SN050-007- 0821 -0. A-1 LI AC 150/5370-2E APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC 1. AIR OPERATIONS AREA (AOA). Any area of. the airport used or intended to be used for.the landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. 2. CONSTRUCTION. The presence and movement of construction -related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft. 3.. CERTIFICATED AIRPORT. An airport that has been issued an Airport Operating Certificate by the FAA under the authority of 14 CFR part 139, Certification and - Operation: Land Airports Serving Certain Air Carriers, or its subsequent revisions. 4. FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. The form submitted to the FAA Regional Air Traffic or Airports Division Office as formal written notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77, Objects Affecting Navigable Airspace (see AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, found at http://www.faa.gov/arpn. 5. FAA FORM 7480-1, NOTICE OF LANDING AREA PROPOSAL. Form submitted to the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport (found at http:l/www.faa.gav/arpt). 6. MOVEMENT AREA. The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas (reference 14 CFR part 139). 7. OBSTRUCTION. Any object/obstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C. A-2 1/17/03 'I 8. OBJECT -FREE AREA (OFA). An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes (see AC 15015300-13, AirportDeszgn, for additional guidance on OFA standards and wingtip clearance criteria). 9. OBSTACLE -FREE ZONE (OFZ). The airspace below 150 feet (45m) above the established. airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches (refer to AC I50/5300-13 for guidance on 0FZs). 10. RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13, 11. TAXIWAY SAFETY AREA. A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300- 13. 12.- THRESHOLD. The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. 13. DISPLACED THRESHOLD. The portion of pavement behind a displaced threshold that may be available for takeoffs in either direction or landing from the opposite direction. 14. VISUAL GLIDE SLOPE INDICATOR (VGSI). This device provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicators (PAPIs), visual approach slope indicators (VASIs), and pulse light approach slope indicators (PLASIs). I I LII I I I I I I I I I 1 I I I I 1 I I I 1 I I I I I I 1117103 AC 150/5370-2E APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE Aviation Safety Requirements During Construction PURPOSE. This appendix provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Adapt this appendix, as applicable, to specific conditions found on the airport for which the plan is being developed. Consider including a copy of this safety plan in the construction drawings for easy access by contractor personnel. Plans should contain the following: 1. GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices should be observed: • Operational safety should be a standing agenda item during progress meetings throughout the construction project. • The contractor and airport operator must perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. • Airport runways and taxiways should remain in use by aircraft to the maximum extent possible. • Aircraft use of areas near the contractor's work should be controlled to minimize disturbance to the contractor's operation. • Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. • Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions must be performed when the runway, taxiway, or apron is closed or use -restricted and initiated only with prior permission from the airport operator. • The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the contractor must, through the airport operator, give notice [using the Notice to Airmen (NOTAM) System] of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOTAM System. Throughout the duration of the construction project, the contractor must — a. Be aware of and understand the safety problems and hazards described in AC 150/5370-2, Operational Safety on Airports During Construction. b.- Conduct activities so as not to violate any safety standards contained in AC. 150/5370-2 or any of the references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions. d. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface over equipment and materials. (Refer to Appendix 2 in AC 15015300-13, Airport Design, for guidance in this area.) 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA AND TSA). Limit construction to outside of the approved RSA, as shown on the approved airport layout plan —unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA that is equal to the RSA available during construction (see AC 150/5370-2 for exceptions). Construction activity within the TSA is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; evacuations, trenches, or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity (see AC 150/5300-13 for wingtip clearance requirements). The NOTAM should state that, "personnel and equipment are working adjacent to Taxiway " a. Procedures for protecting runway edges. • Limit construction to no closer than 200 feet (60m) from the runway centerline —unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA A3 1 AC 15015370-2E A-4 I 1117103 that is equal to the RSA available during • Coordinate construction activity with the construction. Airport Traffic Control Tower (ATCT) and • Prevent personnel, material, and/or FAA Regional Airports Division Office or equipment, as defined in AC 150/5300-13, Airports District Office, and through the airport operator, issue an appropriate Paragraph 306, "Obstacle Free Zone NOTAM. (OFZ)," from penetrating the OFZ. Complete the following chart to determine the area that must be protected along the runway edges: :I �' ... , al' :4p'r. 0..�1, C,orl) :iirp1�n: 1.11 ll.cr�1' RS ; in f i 1'•'L:' ti by 2* *See AC 150/5300-13, Airport Design, to complete the chart -tor a specittc runway. b. Procedures for protecting runway ends. • Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity —unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA • length available during construction in accordance with AC 15015300-13. This may involve the use of declared distances and partial runway closures (see AC 150/5370-2 for exceptions). • Ensure all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13. • Prevent personnel, material, and/or equipment, as defined in AC 15015300-13, from penetrating the obstacle -free zone. • Ensure adequate distance for blast protection is provided, as needed. • Coordinate construction activity with the ATCT and FAA Regional Airports Division Office or Airports District Office, and through the airport operator, issue an appropriate NOTAM. • Provide a drawing showing the profile of the appropriate surfaces of each runway end where construction will take place. Where operations by turbojet aircraft are anticipated, review takeoff procedures and jet blast characteristics of aircraft and incorporate safety measures for construction workers in the contract documents, I [1 I I I I I I I I I I I J 1/17103 AC 15015370-2E I I I Li I I I I 1 I I [I- I I Complete the following chart to determine the area that must be protected before the runway threshold: i;..r .' s:uplane 1i:;rfi ' Minimum Safet 'Area ti4ii:iii llnabstn:c[ed ; 's •' !resign Group' Approach Prior to the Threshold* App-uacr S:opc FI, III Or N, llJJ �+ A. b C, [: t) FEET : 1 to (threshold) FEET : I to (threshold) FEET : 1 to (threshold) FEET : 1 to (threshold) *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway. ' 5. MARKING AND LIGHTING FOR the airport operator/contractor, as specified in the TEMPORARY THRESHOLDS. contract, and will be depicted on the plans. I I Marking and lighting for a temporary threshold is_/is not required. The airport owner or contractor, as specified in the contract, will furnish and maintain markings for temporary thresholds. Precision approach path indicators (PAPIs) or runway end identification lights (REIL) are_/are not required. The airport owner or contractor, as specified in the contract, will furnish and install all temporary lighting. Include appropriate items per AC 150/5370-2, Chapter 3, "Safety Standards and Guidelines." If marking and lightingfor the temporary threshold is not required, delete this section of the safety plan. If visual aids and/or markings are necessary, provide details. (Include applicable 14 CFR part 77 surfaces in the contract documents.) 6. CLOSED RUNWAY MARKINGS AND LIGHTING. The following must be specified for closed runways. Closed runway marking are _,/are not_ required. Closed runway markings will be as shown on the plans _,_/as furnished by the airport owner_/other (specify). Barricades, flagging, and flashers are_/are not required at Taxiway_ and Runway and will be supplied by the airport /other_(specify). 7. HAZARDOUS AREA MARKING AND LIGHTING. Hazardous areas on the movement area will be marked with barricades, traffic cones, flags, or flashers (specify). These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, identify hazardous areas with red flashing or steady -burning lights (specify). The hazardous area marking and lighting will be supplied by ,8. TEMPORARY LIGHTING AND MARKING, Airport markings, lighting, and/or signs will be altered in the following manner (specify) during the period from to . The alterations are depicted on the plans. 9. VEHICLE OPERATION MARKING AND CONTROL. Include the following provisions in the construction contract, and address them in the safety plans: a. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and properly identified. To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome -type light, the color of which is in accordance with local or state codes. b. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be at minimum 8 -inch (20 -cm) block -type characters of a contrasting color and easy to read. They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, vehicles must display identification media, as specified in the approved security plan. (This section should be revised to conform to the airport operator's requirements.) A-5 I1 AC 150/5370-2E c. Employee parking shall be (specify location), as designated by the airport manager / project engineer /other (specify). d. Access to.the job site shall be via (specify mute); as shown on the plans /designated by the engineer /designated by the superintendent /designated by the airport manager /other (specify). e. At 14 CFR part 139 certificated and towered airports, all vehicle operators having access to the movement area must be familiar with airport procedures for the operation of ground vehicles and the consequences of noncompliance. 1. If the airport is certificated and/or has a security plan, the airport operator should check for guidance on the additional identification and control of construction equipment. 10. NAVIGATIONAL AIDS. The contractor must not conduct any construction activity within navigational aid restricted areas without prior approval from the local FAA Airway Facilities sector representative. Navigational aids include instrument landing system components and very high -frequency omnidirectional range, airport surveillance radar. Such restricted areas are depicted on construction plans. 11. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction include — a. Prohibiting open -flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the airport operator (as tailored to conform to local requirements and restrictions). A-6 1/17/03 b. Prominently marking open trenches, excavations, and stockpiled materials at the construction and lighting these obstacles during hours of restricted visibility and darkness. c. Marking and lighting closed, deceptive, and hazardous areas on airports, as appropriate. d. Constraining stockpiled material to prevent its' movement as a result of the maximum anticipated aircraft blast and forecast wind conditions. 12. RADIO COMMUNICATIONS. Vehicular traffic located in or crossing an active movement area must have a working two-way radio in contact with the control tower or be escorted by a person in radio contact with the tower. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position. Construction personnel may operate in a movement area without two-way radio communication provided a NOTAM is issued closing the area and the area is'properly marked to prevent incursions. Two-way radio communications are /are not required between contractors and the Airport Traffic Control Tower /FAA Flight Service Station /Airport Aeronautical Advisory Stations (UNICOM/CTAF) . Radio contact is /is not required between the hours of _and Continuous monitoring is required /or is required only when equipment movement is necessary in certain areas . (This section may be tailored to suit the specific vehicle and safety requirements of the airport sponsor.) 13. DEBRIS. Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. I I I I I I I I I I I I I I I I 1/17/03 FAA NOTAM # AIRPORT I.D. # NOTAM TEXT: APPENDIX 4. SAMPLE NOTAM AIRPORT DATE: TIME: NOTIFICATON: ####TOWER PHONE # INITIALS TIME CALLED IN BY ####FSS PHONE # INITIALS TIME CALLED IN BY AIRLINES CANCELLED: NOTIFICATON: ####TOWER PHONE # INITIALS TIME ####FSS PHONE# INITIALS TIME AIRLINES CALLED IN BY CALLED IN BY AC 15015370-2E A-7 LI I I I I I I 1 I LI I LI 1 I I I Iii APPENDIX B I 1 SPECIAL NOTICE TO BIDDERS I BUY AMERICAN -STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (Aviation Safety and Capacity Expansion Act of 1990) I(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 I issued under the Airport Improvement Program. The following terms apply; 1. Steel and manufacturLproducts. As used in this clause, steel and manufactured products include I (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies I incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products I will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those I (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably 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 I public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. I I LI I 'I I I I I I I I I I u I I I I I I I I APPENDIX C 1 I I 3 4 1 s 6 9 1 10 11 12 I 13 14 1S 16 I 17 18 19 ' 20 21 r 22 23 24 I 25 26 I 27 28 1 29 30 m. 31 32 33 =--�rfil I State of Arkansas 79th General Assembly Regular Sessfon,1993 By. Senator Kcet As Enlros ed: 2110193 ACT 2911993 A Bill SENATE BILL 320 For An Act To Be Entitled "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS; TO INVALIDATE BIDS WHICH DO NOT CONTAIN SUCH PROVISIONS= TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES." Subtitle "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS." BE IT ENACTED BY THE GENERAL ASSEMBLY 0? THE STATE. OF ARKANSAS: SECTION 1. Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of Arkansas Code 5$ 22-9-202 - 22-9-204 for the making of repairs or, alterations or. the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any. other construction project in which the public work or public ,improvement construction.. project involves any trench or excavation which equals. or exceeds five (5) feet in depth, the agency, county, municipality, school district, local taxing unit or improvement district, shall require: (1) the. current edition of Occupational Safety and Fealth Administration Standard for Excavation and Trenches Safety System, 29_CFR 1926, Subpart P, be specifically incorporated into the specifications for th project; and. (2) the contract bid form to°include a separate pay item for vja76 LI I 1 2 3 4 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 30 31 32 33 34 35 36 As ,ERgro Sed: 2110193 trench or excavation safety systems and be included Ia the base bid. SB 320 , SECTION 2. In the event a contractor fails to coc:pleE6 a separate pay item in accordance with the applicable provisions of Section 1 of this act, the agency, county, municipality, school district, local taxing unit or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a non -responsive bid. The owners of the above stated project shall notify the Slate Department -of Labor (Safety Division) of the award of a contract covered by this act. SECTION 3. All provision* of this act of general and permanent nature are amendatory to the Arkansas Codeof 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same.in the Code. SECTION 4. If any provisions of this act ortheapplication thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act whichcanbe given effect without the invalid provisions or application, and to this end the provisions of this act are declared' to be severable. SECTION 5. All laws and parts of lave in conflict with this act are hereby repealed. SECTION 6. Emergency. it is hereby found and de`te'rmined by the Seventy -Ninth General Assembly of the State of Arkaa'sas that the well-being of Arkansas' craft workers ari unnecessarily exposed to tlia hazards of trench excavation and 'the immediate passage of this act is necessary in order to protect the health and 'safety -of the Arkansas'worker. Therefore, an emergency is hereby declared to exist, and thi's act'being necessary for he immediate. preservation of the public peace, health, and safety, shall be in full force I 1 I I I I I I I i� I I and effect from and after its passage and approval. /s/ Senator Keet I I I I I [1 I I I I I I t I I l I I Occupational Safety and Health Admin., Labor f it is necessary to stand at the out - ",rd or inboard edge of the deckloa ere less than 24 Inches of bulwar r 1, coamIng, or other protection x- is , all employees shall be prowed wit a suitable means of prose ion opal st falling from the deckload. (d) first -aid and lifesaving equi ment. (1) P visions for rendering ft t aid and m ical assistance shall b in ac- cordan with subpart D of rhi part. (2) Th employer shall e re that there is i the vicinity of eat barge in use at le t one U.S. Coos Guard -ap- proved 30- ch lifering wi not less than 90 fee of line atta ed, and at least one po able or pe anent ladder which will r ch the to of the apron to the surface f the wa r. If the above equipment is t avail le at the pier, the employer all fish it during the time that h is w rking the barge. (3) Employees ng or working on the unguarded de of barges shall be protected with U. . Coast Guard -ap- proved work vests buoyant vests. (e) Commercial d operations. Com- mercial diving o ra ons shall be sub- ject to subp T of part 1910, §§1910.401-1910.4 1, oft chapter. (39 FR 22801, Ju e 24. 1974. amended at 42 FR 37674, July , 1977] § 1526.608 ljeflnitlons a linable to /UPP s su art. (a)pro The area along he water- frontedgy of the pier or who ri erk--The side of a skip above p r deck.oaniin "The raised fr e, as a hatchway in the deck, keepter.acob's ladder —A marine lad r ofr chain with wooden or tai ail, for the purpose of §1926. 5, a light structure serving as at the outer edge of a ship Subpart AUTHORITY: Sec. 107. Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333): Secs. 4. 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653. 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR § 1926.650 25059). or 9-83 (48 FR 35736), as applicable. and 29 CFR parC 1911. SOURCE: 54 FR 45959, Oct. 31. 1989, unless otherwise noted. § 1926.650 Scope, application, and defi- nitions applicable to this subpart. (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Exca- vations are defined to include trenches. (b) Definitions applicable to this sub- part. Accepted engineering practices means those requirements which are compat- ible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylinders (crossbraces) used In conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. Benching (Benching system) means a method of protecting employees from cave -iris by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces be- tween levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person means one who is capable of identifying existing and pre- dictable hazards in the surroundings, or working conditions which are unsan- itary, hazardous, or dangerous to em- ployees. and who has authorization to take prompt corrective measures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. 369 I I 1 I § 1926.650 Excavation means any man-made cut. cavity, trench, or depression in an earth surface, formed by earth re- moval. Faces or sides means the vertical or Inclined earth surfaces formed as a re- sult of excavation work. Failure means the breakage, displace- ment, 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- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental release.. or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support systems, sloping and benching systems. shield systems. and other systems that provide the nec- essary protection. Ramp means an inclined walking or working surface that is used to gain ac- cess to one point from another, and is constructed from earth or from struc- tural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a profes- sional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered pro=' fessional engineer" within the meaning of this standard when approving de- signs for "manufactured protective sys- tems" or "tabulated data" to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth In - position and In turn are supported by other members of the shoring system. . Shield (Shield system) means a struc- ture 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 pro- gresses. Additionally, shields can be ei- ther premanufactured or job -built in 29 CFR Ch. XVI! (7-1-04 Edition) accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usu- ally 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 o€. an exca- vation 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 excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a .cave-in varies with dif- ferences in such factors as the soil type, environmental conditions of ex- posure. and. application of surcharge loads. Stable rock means natural_ solid min- eral material that, can be excavated 'with vertical, sides -and • will remain in- tact while' exposed. Unstable rock is considered to be •stable; when the rock material on the side or sides of the ex- cavation is secured against caving -in or movement by rock bolts or by an- other protective system that has been designed by a registered professional engineer. Structural ramp means a. ramp built of steel or wood, usually used ,for vehicle access. Ramps made of soil or rock are not considered structural ramps Support system means a ,.structure such as underpinning, bracing. or shor- ing;•which provides supporE to ari adja- cent structure, underground installa- tion, or the sides of an excavation. ATabulat�ed data means 'tables and charts approved by a registered.profes- .sional engineer. and .used to design and construct a protective sy9tein. Trench (Trench excavation) .means,a narrow excavation (inrelation to its length) made below the surface of the ground: In geheral', the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are Installed or con- structed in an excavation so as to re- duce the dimension measured from the forms or structure to the side of the ex- cavation to 15 feet (4.6 m) or less 370 I LI I I [1 LI I I I I I Ll I I I Li I I n I I I I I I I I I I I I Occupational Safety and Health Admin., Labor (measured at the bottom of the exca- vation), the excavation is also consid- ered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually po- sitioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 1926.651 Specific excavation require- ments. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility installa- tions, such as sewer, telephone, fuel, electric, water lines, or any other un- derground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation- (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to estab- lish the location of the utility under- 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 (unless a longer period, is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility in- stallations are used. (3) When excavation 'operations ap- proach the estimated location of under- ground installations, the exact loca- tion of the installations shall be deter- mined by safe and acceptable means. § 1926.651 (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as nec- essary to safeguard employees. (c) Access and egress ---(I) Structural ramps. (i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members con- nected together to prevent displace- ment. (iii) Structural members used for ramps and runways shall be of uniform thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at- tached in a manner to prevent tripping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- varions. A stairway, ladder, ramp or other safe means of egress shall be lo- cated In trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Em- ployees exposed to public vehicular traffic shall be provided with. and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility mate- rial. (e) Exposure to failing loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling mate- rials. Operators may remain in the cabs of vehicles being loaded or un- loaded when the vehicles are equipped, in accordance with § 1926.601(b).(6), to provide adequate protection for the op- erator during loading and unloading operations. 371 I.. I 1 I § 1926.651 (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to ap- proach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the exca- vation, a warning system shall be uti- lized such as barricades, hand or me- chanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres --(1) Testing and controls. To addition to the require- ments set forth in subparts D and E of this part (29 CFR 1926.50-1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to as- sure acceptable atmospheric condi- tions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as In excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the exca- vation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (it) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions In- clude providing proper respiratory pro- tection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas - (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable lev- els, testing shall be conducted as often as necessary to, ensure that the atmos- phere remains safe. (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shill be readily available where hazardous at - 29 CFR Ch. XV11 (7-1-04 Edition) mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment 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 life -line securely attached to it. The lifeline shall be sep- arate from any line used to handle ma- terials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the exca- vation. (h) Protection from hazards associated with water accumutarion. (1) Employees shall not work in excavations in which there is accumulated water, or in exca- vations in which water is accumu- lating, unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins. water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the ex- cavation. Excavations "subject to runoff from heavy rains will require an in- spection by a competent person and compliance with paragraphs (h)'(1) and (h) (2) of this section. (t) Stability of adjacent structures. (1) Where the stability of adjoining build- ings, walls, or other structures is en- dangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below th level of the base or footing of any foundation or re- taining wall that could be reasonably 372 I I I Li I I I I I I I I I fl I n I I I El I I I I I I 1 Li I I I Occupational Safety and Health Admin., Labor expected to pose a hazard to employees shall not be permitted except when; (i) A support system, such as under- pinning, is provided co ensure the safe- ty of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided to protect employees from the possible collapse of such structures. (j) Protection of employees from loose rock or sail. (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial, installation of protective barri- cades at intervals as necessary on the face to stop and contain falling mate- rial: or other means that provide equiv- alent protection. (2) Employees shall be protected from excavated or other materials or equip- ment. that could pose a hazard by fall- ing or rolling Into excavations. Protec- tion shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling'or rolling into excavations, or by a corn- bination o€ both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmospheres, or other hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout § 1926.652 the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These in- spections are only required when em- ployee exposure can be reasonably an- ticipated. (2) Where the competent person finds evidence of a situation that could re- sult in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other haz- ardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with §1926.502(b) shall be provided where walkways are 6 feet (l.8 m) or more above lower levels. [54 FR 45959, Oct. 31. 1989, as amended by 59 FR 40730, Aug. 8, 19991 § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (I) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design: of sloping and benching sys- tems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b) (4), as follows: (1) Option (i)—Allowable configurations and slopes. (i) Excavations shall be sloped at en angle not steeper than one and one-half horizontal to one vertical 373 Li I 1 I § 1926.652 (34 degrees measured from the hori- zontal), unless the employer uses one of the other options listed below, (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are to accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and B to this subpart. (3) Option (3) —Designs using other tab- ulated data. (t) Designs of sloping or benching systems shall be selected from and be in accordance with tab- ulated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe; (C) Explanatory information' as may be necessary to aid the user In making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data which identifies the reg- istered professional engineer who ap- proved 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 avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (I) Sloping and benching systems not utilizing Option (1) or Option .(2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. (ii) Designs shall be in written form and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the par- ticular project: 29 CFR Ch. XVII (7-1--04 Edition) (B) The configurations that were de- termined to he safe for the particular project; and (C) The identity of the registered pro- fessional engineer approving the de- sign. (iii) At least one copy of the design 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 made available to the Secretary upon re- quest. (c) Design of support systems, shield systems, and other protective systems. De- signs of support systems shield sys- tems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(i); or. in the alter- native, paragraph (c)(2); or, in the al- ternative, paragraph (c)(3); or. in the alternative, paragraph (c)(4) as follows: (1) Option (I) ---Designs using appen- dices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for alu- minum hydraulic shoring shall be in accordance with paragraph (c) (2) of this section. but if manufacturer's tab- ulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2)-- Designs Using Manufac- turer's Tabulated Data. (1) Design of sup- port systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all speci- fications, recommendations, and limi- tations issued or made by the manufac- turer. (ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manu- facturer issues specific written ap- proval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall 374 I 1 I i I I I I I LI I f! I I I I I I Li I I 1 I I I I I I I Occupational Safety and Health Admin., Labor be made available to the Secretary upon request_ (3) Option (3) —Designs using other tab- ulated data. (i) Designs of support sys- tems, shield systems. or other protec- tive systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: (A) Identification of the parameters that affect the selection of a protective system drawn from such data; (!3) Identification of the limits of use of the data; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data, which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobssite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (1) Support sys- tems, shield systems, and other protec- tive systems not utilizing Option 1, Op- tion 2 or Option 3, above, shall be ap- proved by a registered professional en- gineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and (B) The identity of the registered professional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at thejobsite dur- ing construction of the protective sys- tem. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request. (d) Materials and equipment. (1) Mate- rials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a man- § W26.652 tier that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is dam- aged, a competent person shall exam- ine the material or equipment and evaluate Its suitability for continued use. If the competent person cannot as- sure the material or equipment is able to support the intended loads or is oth- erwise suitable for safe use, then such material or equipment shall be re- moved from service, and shall be evalu- ated and approved by a registered pro- fessional engineer before being re- turned to service. (e) Installation and removal of sup- port --(l) General. (i) Members of sup- port systems shall be securely con- nected together to prevent sliding, fall- ing, kickouts. or other predictable fail- ure. (ii) Support systems shall be in- stalled and removed in a manner that protects employees from cave-ins. structural collapses, or from being struck by members of the support sys- tem. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the, support system. (v) Removal shall begin at. and progress from, the bottom of the exca- vation. Members shall be released slow- ly so as to note any indication of pos- sible failure of the remaining members of the structure or possible cave�in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support sys- tems from excavations. (2) Additional requirements for support systems for trench excavations. (I) Exca- vation of material to a level no greater than 2 feet (.61 in) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and 375 I I I Pt. 1926, Subpt. P. App. A there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and fienching systems. Em- ployees shall not be permitted to work on the faces of sloped or benched exca- vations at levels above other employ- ees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems--(]) General. (i) Shield systems shall not be subjected to loads exceeding those which the sys- tem was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other haz- ardous movement of the shield in the event of the application of sudden lat- eral loads. (Iii) Employees shall be protected from the hazard of cave- ins when enter- ing or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Exca- vations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted. but only if the shield is designed to re- sist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of sail from behind or below the bottom of the shield. APPENDIX A TO SUBPART P OF PART 1926—SoiL CLASSIFICATION (a) Scope and application —(l) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and .composition of the earth deposits. The appendix. contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in §1926.652(b)(2) as a method of protection for employees from cave-ins, This appendix also applies when timber shoring, for exca- vations is designed as a method of protection from cave-ins in accordance with appendix C 29 CF R Ch. XVt) (7-1-f14 Edition) to subpart P of part 1926. and when alu- minum hydraulic shoring is designed in ac- cordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data pre- pared in accordance with the requirements set forth in §t926.652(c), and the use of the data is predicated an the use of the soil cles- sification system set forth in this appendix. (b) Definitions. The definitions and exam- ples given below are based on, in whole or in part, the following. American Society for Testing Materials (ASTM) Standards €3653-$5 and O2488; The Unified Soils Classification System. The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS -121. Cemented soil means a soil in which the par- ticles are held together by a chemical agent, such as calcium carbonate, such that a hand - size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble. can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits signlflcant cohesion when sub- merged, Cohesive soils include clayey silt. sandy clay, silty clay, clay and organic clay. Dry soil means soil, that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a, material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types, arranged in layers. Micaceous seams or weakened planes in rock or shale are considered lay- ered. 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 cohe- sive material 'will exhibit signs of cohesion between particles. Plastic means a property of a soil which al- lows the soil to -be deformed or molded with- out cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the- proper use of in- struments such as a pocket penetrometer or sheer vane_ 376 I 1 I I I I I I I I I I I I I I I I I LI I I I LI I I I Ll Ll L_. I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App, A Soil classification systeln means, for the pur- pose of this subpart. a method of catego- rising soil and rock deposits in a hierarchy of Stable Rock. Type A, Type }3. and Type C, in decreasing order of stahility. The cat- egories are determined based on tin analysis of the properties and performance character- istics of the deposits and the environmental conditions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means sail which is under- water or is free seeping. Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Ex- arnples of cohesive soils are: clay, silty clay, sandy clay, clay learn and, in some cases. silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (i) The soil is fissured: or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects: or (iii) The soil has been previously d€st.urbed; ar (iv) The soil is part of a sloped, layered system where the layers dip into the exca- vation on a slope of four horizontal to one vertical (4H:IV) or greater: or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with en unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless sclls including: angular gravel (similar to crushed rock). silt, silt loam, sandy loam and. in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except chose which would Otherwise be classed as Type C soil. (Iv) Soil that meets the unconfined com- pressive strength or cementation require - manes for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, lay. ered system where the layers dip into the ex- cavation on a slope less steep than four hori• zontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B - 1 vpe C means: (1) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less: or (Ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping: or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the lavers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper. Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by labora- tory testing. or estimated in the field using a pocket penetrometer, by thumb penetra- tion tests, and other methods. Wet sail means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material chat would exhibit cohe- sive properties when moist will lose those co- hesive properties when wet. (c) Requirements. --(l) Ciessification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B. or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classification of the deposits shall be made based an the re- sults of at least one visual and at least one manual analysis. Such analyses shell be con- ducted by a competent person using tests dc - scribed In paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the Amer- ica Society for Testing Materials, or the U.S. Department of Agriculture textural classi- fication system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable In paragraph (d) of this ap- pendix, shall be designed and conducted to provide sufficient quantitative and quali- tative Information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits. (4) Layered systems, In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified Individually where a more stable layer lies under a less stable layer. (5) Reeiassiffeatfon. If, After classifying a de- posit, the properties, (actors, or conditions affecting Its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. —(11 Vfsuai tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adja- cent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material, (i) Observe samples of soil chat are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained 377 [1 I I I Pt. 1926, Subpt. P. App. B material is cohesive material. Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (Iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations, (iv) Observe the area adjacent to the exca- vaclon and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the exca- vation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of Lhe layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened exca- vation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the exca- vation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual rests. Manual analysts of soil samples is conducted to determine quan- titative as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as' -inch in diameter. Cohe- sive material can be successfully rolled into threads without crumbling. For example. if at least a two inch (50 mm) length of sh•inch thread can be held an one end without tear- ing, the soil Is cohesive. (ii) pry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual Indication the sail is fissured, the soil may be considered unfissured. (Iii) Thumi} penetration. The thumb penetra- tion test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard 29 CFR Ch. XV)i (7-1-04 Edi#Eon) designation Da488--''Standard Recommended Practice for Description of Soils (Visual -- Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb: how- ever, 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 penetrated several inches by the thumb, and can be molded by light finger pressure. This rest should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a miminum the effects of exposure to drying influences. If the exca- vation is later exposed to wetting influences (rain. flooding), the classification of the soil must be changed accordingly. (iv) other strength rests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear -vane. (v) Drying test. The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand, If considerable force is necessary to break a sample, the soil has sig- nificant cohesive material content. The soil can be classified as a unfissured cohesive ma- terial 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 mate- rial Is cohesive with fissures. If they pul- verize easily into very small fragments, the material Is granular. APPENDIX B TO SUBPART P OF PART 1926 —SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in §1928.652(6)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely 378 I LI I 1 1 I I I I 1 I I 1 1 I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B I I I I I 1 I I I I I I I I to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excavation: the subsidence of the edge of an excavation: the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of ma- terial from the face of an excavation; and ravelling. i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an exca- vation and trickling or rolling down into the excavation. Maximum allowable slope means the steep- est incline of en excavation face that is ac- ceptable for the most favorable site condi- tions 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 exca- vation Is open. (c) Repulr�ements (1) Soil classification. Soil and rock deposits shall be classified in ac- cordance with appendix A to subpart P of part 1926. (2) A4&vlarum allowable slope. Tilt: maximum allowable slope for a soil or rock deposit shall be determined from Table 13-1 of this appendix. (3) Actual slope. (1) The actual slope shall not be steeper than the maximinn allowable ,Slope. (ii) The actual slope shall be less steep than the maximum re allowable slope, when there are signs of distress. if that situation occurs, the slope shall be cut back to an ac- tual slope which is at least 5 horizontal ru one vertical (½}{: IV) V) less steep than the maximum allowable slope. (Iii) When surcharge loads from stored ma- terial or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in ac- cordance with §192&_651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure 13-1. TABLE S-1 MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE tIA'tfMUM ALLOWABLE SLOPES{H:V) 1� FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK TYPE A [2) TYPE C TYPE G1 VERTICAL( 1:1 1½: 1 (34-) NOTES: 1. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. t. A short-term max1mua allowable slope of 1/2H:iV (63') is allowed in excavations in Type A soil that are 12 feet (3.67 a) or less is depth. Short-term maximum allocable slopes for excavations greater than 12 feet (3.67 a) in depth shall be 3/4H:1V (53'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. 379 Pt. 1926, Subpt. P. App. B 29 CFR Ch, XV11 (7-1-04 Edition) Figure B -I Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B- 1.1 Excavations made in Type soil. I. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of �:1. 20' Max. �i 314 SIMPLE SLOPE —GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of ½:1. 12 Max. A I SIMPLE SLOPE —SNORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope o€ 3/4 to 1 and maximum bench dimensions as follows: 380 Occupational Safety and Health Admin., Labor SIMPLE BENCH 20 ` Max. S' Max. 4' Max. ___.___J_; Pt. 1926, Subpt. P, App. B i 3/4 MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower por- tions shall have a maximum vertical side of 3½ feet. 1 A 8i Max.Jax. 3/4 UNSUPPORTED VERTICALLY SIDED LOWER PORTION ---MAXIMUM 8 FEET IN DEpTlt All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3'h feet. 381 Li Pt. 1926, Subpt. P, App. 8 29 CFR Ch. XV11 (7-1-04 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION —MAXIMUM 12 FEET IN DEPTH All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 3',:i. The support or shield sys- tem must extend at least is inches above the top of the vertical side. Su ort or s₹lield s stem 20' Max_ 3/4 18" Sin. Total height of vertical side SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under §1926.652(b). B-1.2 Excavations Made in Type B Soil I. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: 382 I I I I I I r I I Li I I I n Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B This bench allowed in cohesive soil only. 1 20, Max MMax. i SINGLE BENCH This bench alloyed in cohesive soil only f i i 1 1 4' Max. i MULTIPLE BENCH 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 16 Inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. Support or shield system 20' Max. ��s 1 Jr —1i Total height of vertical side VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be In accordance with the other options permitted in §1926.652(b). B-1.3 EXCAVATIONS MADE I,N TYPE C SOIL 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1½:l, 383 Pt. 1926, Subpt. P. App. B 29 CFR-Ch. XVII (7-1--04 Edition) 20' Max. l4 SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1½:l. Support or shield system Z0' Max. 18" Alin. Total height of vertical side VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). e-1.4 Excavations Made in Layered Soils 1. All excavations ZO feet or less in depth made in layered soils shall have a maximum al- lowable slope for each layer as set forth below. 384 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B 1 I a OVER A c � i '------- - - - lam. A � L ' 314 I I C OVER A C OVER d 385 B � I I I I 1 Pt, 1926, Subpt. P, App. C A OVER a A OV%R C 29 CFR Ch. XVfi (7-1-04 Edition) c l i zT4 C � 1 I+� s OER C 2. A11 other sloped excavations shall be in accordance with the other options permitted in S1936.652(b). APPENDIX C TO SUBPART P OF PART 1928 —TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains informa- tion that can be used timber shoring is pro- vided as a method of protection from cave- ins in trenches that do not exceed 20 feet (6.1 ml in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with 91926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems: and other protective systems such as slop- ing, benching, shielding, and freezing sys- tems must be designed in accordance with the requirements set forth in §1916.653(b) and 51926.652(c). (b) Soil Classificar}an. 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 clas- sification method set forth in appendix A. of subpart P of this part. (c) Presentation of lnfo,maefan. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables C--1,1, C-1.2, and C-1-3. and Ta- bles C-2.1. C-2.2 and C-2.3 following para- graph (g) of the appendix. Each table pre- sents 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 386 I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I L I I I I Oecupatiorlcil Safety and Health Admin., Labor Pt. 1926, Subpf. P, App. C €:he excavation is made, The data are ar- ranged to allow the user the flexibility to se- lect from among several acceptable r-nnfigu- rations of members based on varying the horizontal spacing of the crnssbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition. (2) Information concerning the basis of t₹ie tabular data and the limitations of the data is presented in paragraph (d) of this appen- dix, and on the tables themselves. 49) information explaining the use of the tabular data is presented in paragraph (e) of €'his appendix. (4) Information illustrating the use of the tebuisr data is presented in paragraph (f? ,f this appendix, (s) Miscellaneous notations regarding Ta- bies C -1-I through C -i.3 and Tables C-2.1 through C-2.3 arejresenred in paragraph (g of this Appendix. (d) Basis and limitation of the data. --(l) Di- .rt€raslons offirnbermembers. (i)'The sizes of the timber members listed in Tables C -i.1 through C-1.3 are taken from the National Bureau of Standards (NBS) report, "Rec- ommended Technical Provisions for Con- struction Practice in Shoring and Sloping of Trenches and Excavations." In addition,. where NBS did riot recommend specific sizes o₹ members. member sizes are based on an analysis of the sizes required for use by ex- isting codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-l.l through C-1.3 refer to actual dimensions and not nominal di- mensions of the timber, rnp1o}tars wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under 1426.652(c)(3), and are referred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sotirees. (2) Limitation of application. €i) It is not in- tended that the timber shoring specification apply to every situation that may be expe.ri- anced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use In situa- tions that are not covered by the data in this appendix must be designed as specified in § l92&.652(c). (ii) When any of the following conditions are present, the members specified in the ta- bles are not considered adequate. Either an alternate timber shoring system must be de- signed or another type of protective system designed in accordance with 91926.652. (A) When loads Imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two - foot soii surcharge. The term 'adjacent" as used here means the area within a horizontal distance from the edge of the trench equal €o the depth of the trench. (B) When vertical bads imposed on cross braces exceed a '40 -pound gravity load die. tributed on a one -Foot section of the center of the crossbracc. (C) When surcharge loads ar-e present from equipment weighing in excess or 2Q,fipa pounds. i)) When only the lower portion of a trench is shored arid the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical: or the members are 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 shor- ing system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are speci- fied for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil claS5iiica- tion system described in appendix A to sub- part F of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spec-. ing of crossbracing is available, the hori- zontal spacing of the crossbraces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces ere known, the sire and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spac- ing of the uprights can be read from the ap- propriate table. (f) Examples to Illustrate the Use of Tables C ),I through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide, From Table L -f,1, for acceptable arrange- ments of timber can be used. Arrangement #Bl Space 4x4 crossbraces at six feet hori- zontally and four feet vertically. Wales are riot required. Space 3x8 uprights at six feet horizontally. This arrangement is commonly called "skip shoring." Arrangement #82 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space Sxa wales at lbur feet vertically. 387 LI 1 Pt_ 1926, Subpt. 1', App. C Space 2x6 uprights at four feet hori- sontally. Ariangemen € #B3 Space Iax6 crossbraces at 10 feet hori- zontally and four feet vertically. Space 8xl0 wale, at four feet vertically. Space 2x03 uprights at five feet hori- zontally. Arrangement #B4 Space 6x6 crossbraces at 12 feet hori- zootaily and four feet vertically. Space 10X16 wales at four feet vertically. Spaces 3x8 uprights at six feet hori- zontally. (2) Example 2. A trench dog in Type B soil in 13 feet deep and ftve feet wide. From Table C-1.2 three acceptable arrangements of members are listed.. Arrangemenr #%31 Space 5x6 crossbraces at six feet hori- zontally and five feet vertically. Space 58 wales at five feet vertically. Space 2.x6 uprights at two feet hari- zontally. Arrangement #B2 Space 5x8 crossbraces at eight feet hori- zonteJly and five feet vertically. Space lOxll wales at five feet vertically. Space 2x& uprights at two feet hori- zontally. Arrangement #133 Space Bx8 crossbraces at 10 feet. hori- zontally and five feet vertically. Space 10x12 %vales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-3.3 two acceptable arrange- ments of members can be used. Arrangement #61 Space 8x8 crossbraces at six feet hori- zontally and five feet vertically. Space 111x12 wales at five feet. vertically. Position 2x8 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement #132 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically - 29 CEtt Ch. XV11 (7-1-04 Edition) Space 12x12 wales at five feet vertically. Position. 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. @1 Example 4. A trench dug in Type C sail is 20 feet deep and 11 feet wide. The site and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x10 crossbraaces at six feet hori- zontally and five feet vertically. Space 12x12 wales at flve feet vertically. Use 3x& tight sheeting. Use of Tables C;-2.1 through C--2.3 would fol.• low the same procedures. (g) Notes for all Tables. L Member sizes at spacings other than in- dicated are to he deternti.ned as specified in 11926.652{c), "Design of Protective Systems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.o., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to re- sist the lateral pressure of water and to pre- vent the loss of backfili material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as pos- sible between the€n. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. S. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bat - tern of the trench shall not exceed 36 inches. When mudsills are used, the vertical dis- tance shall not exceed 42 inches. Mudsills are -wales that are installed at the too of the trench side. 6. `french jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no mare than 2.5 feet below the top of the trench. 'TTI] I I I J I I I I I I I I I LI I I [1] I I I I I 1 Occupational Safety and Health Admin., Labor Pt. 1926; Subpt. P. App. C 4O Z � V N 0. N x S 5't�e e.1 XW 441 5 C K N W lL 3yE • — 4O 50 d # 415 5. s a wQ 1 f I 4 N N v pp 1' E0 op 2 40 a 0 1O 40 O ti'- F W w¢ii e v -w .'� v' v v � H v '.0 40 SC O. IxO W - 1xO 40 x0 1 p54 co --- SC K • Lwi3 O. LL. pmt .50 i40.C Ip Ip X W a `x M a M'', SSc x - 5 Z' W a k a ►Ss .D a a cc ID 4 10 . 10 50 cc F 55 C SO '. � 40 5<50 X x Y[ c S. c a 5O 1 10 IO 40 a r . _. = ' 5 s o 10 - 50 =. 10 IO aC a v: v a 55 a 50 w '5 r+ . .. ... Op pp pO LYV W 10 aC N CD .- '•€'5.' W co W 0:4 W 0. 0. 0. 0. ... A. 0. [1. 0.. a a a a a. aW' Nr a a a a 1A O a YO s.+ 5- - .� . -1 i N 'S 5— N O P 0541 389 v 06 m9 C d w ++ ma � N ca V to L L V 55• 05 w O m CV C 00 'C,. 0 5555. Co w 5-A p c 041 d E '-'0 o � I< OO a 440 "erg Pt. 1926, Subpt. P. App. C 29 CFR Ch. XVII (7-.T-04 Edition) 41 U N ~ M U ECG W e6 � ti7 fM � pp¢�i.2 e+1 wl n ery i/1 r1 117 y� C Y Itl L N W w v L vy m M V O .Vi '� H mE i 1n_ v7 v� 1n n n n n n V u , fir o 001. Y Ii 0v P+m F .fir e � .. W � • 7m� ap a0� c0 m � m I! � ti4$4_4_4_ �y4. G7 L+ .i !H tlf m A. g r'•f m i Y O b a6 m m 00 1� ...1 O G y F1 •pp.. .pQ. W .. .d W53 pp Qp pQ pQ pp _ p yW� 390 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C V N I. w e 2 y HQ px� Y �QN.7 N N N N N V 11 ie y u•, v � V, ✓1 l 1/1 h as M P H p :o- o 7 Q is {•'. O .a a Ra a0 �Ae .1 , i0'• O F C O' G. C-{ A � O_ O O �m go gm g� a a �a u d 0 Q 4 m u a u p N,:: �. m `? � iAz 0 a o o , rAx 7 v, t4� viL W x.. pO pp N V O 391 Pt. 1926, Subpt. P,. App. C 392 29 CFR Ch. XVII (7-1-04 Edition) Occupatlonal Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C x N a � W W O O O N V 0 i U N u1 Vl N ✓l V7 N N K '� d W o z m O O . N N W m pM ►f K >C !C G O O V Ci xH i H M V1 W W , N V1 V7 Vl V1 j ✓ W v Vl � � vai .� m c cxp 6 - W W N (xo r (O 14 'p W m W 40 W '0.up 'C CO 400 C~0 m -.L1 'U 1~ 01 0. P G .O .6 .xO .O .p W W ap cxo m_1 W .p �D .4 po.7 w O N a r w 'C x x 50 w W m o a Y W q O C v. wt pp F 2Fi p G N N F -- - 393 N 0. 0 Pt. 1926, Subpt. P, App. D 29.CFR Ch. XVII (7-1-04 Ecfitlon) N G7 a O F pFp�� V 0. I � * U V ' • z 'V w ?� Pte. W ✓1 V1 v, N1 �/'7 .n o N y N ppC x� � C7 H H _ t � in pi C W v, an vt v1 yt h_ a :'"i" I a g eCi IWG. W py v 44 .n o sE t6 sq �a Dd c0 C - ____••._ - H.X• - - _- -..-. - - - aD w m O6 -W a.' N' p. .+GIN Ou WN O 4� 4.JQ7 li W 0. G W C7 O [i O . .7 .a� -. Vl rYi ' Vj{O -fO. 01O W ' v1. tW R - 9 H Iq •2 N O N____ APPENDIX D TO SUBPART P OF PART 1926 -ALUMINUM HYDRAULIC SHOR- ING FOR TRENCHES (a) Scope. This appendix contains informa- tion that can be used when aluminum hy- draulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.1m) in depth. This ap- pendix must be used when design of the aiu- minum hydraulic protective system cannot be performed in accordance with 1926.652(c) (2) (b) Soil Classification_ In order to use data presented in this appendix, the soil type or types in which the excavation is made must 394 I L Li I H I I I I 1 Li P I I I I I 1 Occupational Safety and Health Admin.. Labor Pt, 1926, Subpt. P, App. 0 first be determined using the soil classifica- tion method set forth in appendix A of sub- part P of part 1926. (c) Presentation of information. information is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-l.l, D-1.2, D•-1.3 and E,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. Bach table contains data only for the particular soil type In which the excavation or portion of the excavation is made. Tables D-1.1 and p- 1-2 are for vertical shores In Types A and B soil. Tables D-1.3 and 11.4 are for horizontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appen- dix. (3) Information explaining the use of the tabular tiara is presented in paragraph (a) of this appendix. (4) Information illustrating the use of the tabular data 1s presented in paragraph (f) of this appendix. (5) Miscellaneous notations (footnotes) re- garding Table O -1.l through D-1-4 are pre- sented in paragraph ig) of this appendix. (6) Figures. illustrating typical installa- cions of hydraulic shoring, are included just prior to the Tables- The illustrations page is entitled "Aluminum Hydraulic Shoring: Typ- ical Installation." (d) Basis and izmltaUons of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Mod- ulus requirements in the D-1 Tables, Alu- minum material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (1) 2. inch cylinders shall be a minimum 2 -inch in- side diameter with a minimum safe working 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 manufaturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca- pacity of not less than 30,000 pounds axial compressive load at extensions es rec- ommended by product manufacturer. (3) Limitation of application. (1) It is not intended that the aluminum hydraulic specification apply to every situa- tion that may be experienced in the field. These data were developed to apply to the situations that are most commonly experi- enced 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) - (11) When any of the following conditions are present, the members specified in the Ta- bles are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with §7926,652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (G) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical: or the members are selected from the cables 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 Ta-I.I. i?-1.D-i.3 and 0.. 1.4. The members of the shoring system that are to be selected using this information are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D -1.l and D--1,2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D -l.3 and D-1.4. The soil type must first be determined in ac- cordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selec- tion of the size and spacing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables. and in the vertical shore tables, the hydrau- lic cylinder horizontal spacing is the same as the vertical shore spacing. (f) Example to illustrate the Use of the Tables. (1) Example I: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table O-l.i: Find vertical shores and 2 Inch diameter cylinders spaced 8 feet on center (O.c.) horizontally and 4 feet an center (o.c.) vertically. (See Figures I & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting. 13 feet. deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c, horizontally and 4 feet cc. vertically. (See Figures l & 3 for r:ypica] installations.) (3) A trench is dug in Type B soil that does not require sheeting, but does experience some minor raveling of the trench face. The 395 LI I Pt. 1926, Subpt. P, App. D trench is 16 feet deep and 9 feet wide, From Table D —l.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by footnote #132) spaced 5.5 feet o.c. horizontally and 4 feet O.C. vertically, plywood (per footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Fig- ures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in pre- viously disturbed Type B soil, with charac- teristics of a type C soil, and will require sheeting- The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D--1.3: Find horizontal wale with a sec - don modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Florizontal cylinder spacing €n excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 Inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet a -c. hori- zontally. Both wales are spaced 4 feet o.c. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-1.1. D--l.Z, D -I.3, and D -I.4. (1) For applications other than those listed in the tables, refer to § 1926,652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1926.65Z(c) (2) and § 1976.652(c) (3). 29 CFR Ch. XVli (7-1-214 Edition) (2) 2 inch diameter cylinders, at this width, shall have structural steel rube (3.5x3.5x0.1875) oversleeves, or structural oversleeves of' manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 --inch in- side diameter with a safe working capacity of not less than 18.000 pounds axial compres- sive load at maximurn extension. Maximum extension is to include full range of cylinder extensions as recommended by product man- ufacturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe work capac- ity of not less than 30.000 pounds axial corn- pressive load at maximum extension. Max- irnurn extension is to include full range of cylinder extensions as recommended by product manufacturer. (4)All spacing indicated is measured cen- ter to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0,40 inch - (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.73 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only For prevention of local rav- eling (sloughing of the trench face) between shores, (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. I I I I I I LI I LI I I I LI I 396 1 Occupational Safety and Health Admin., Labor Pt. 1926. Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO.1 FIGURE NO. 2 � MMAM P V✓:A71CAL w,wMV IYOY w.O,MQ MOIIYAi iMORatI■ lM7iw Rrwpppj MOR[IOMTAL N►A CSN6 / AORIIORTAI R►AClM6 IR• MAR. ■ VRNTICAI. R PACING f- MAR. }'MAX. FIGURE NO. 3 CMtCM ' pYACA�I 4ti VERTICAL R/ACIMQ 4' 71AX • 1'S� -- , MAR. VERTICAL RAI V(RTI CAL NAIL L TORAULIC CILIMORM IE+ VERTICAL SPACING 4' MAX. 2' MAX. I FIGURE NO.4 AUrawYI MraY.Li,ieOA .a wptlll Ur�TW N OQ120RYAL l i ACIMG • �JlJ/A 1J rURT1CAL RAIL 2' MAR. MYORAUL[C 1 CYLINOHM VERTICAL SQACIMC 397 RT'ONAULIC c TLIMPER ►LYNMOO UPRIXIIT SRAETIJI KAU R YO NAUt11 Cy I Ill OfU I I H Pt 1926, Subpt. P App. D 29 CF Ch. XVII (7-1-04Edition) 0 �� 22 2 3 � k / o @ Q � . .J� A z ■ O / , u ] • � � 7 Imo • � k E 'o 1 • I fnfe [9 2m� @ 2 398 00 E ■ I I [1 I I I I I I I I I I I [1 [I I I I 1 I I HI 1 1 I L I I I z Occupational Safety and Health Admin.. Labor Pt. 1926, Subpt. P, App. D O W6 7 � � y I — e z 399 Pt. 1926, Subpt. P, App. D 29 CFR Ch. X'/fl (7-1-04 Edition) biz � m m m in m m m m en O O O O " N N• N N zzil N z zz x z_ ~ en M N •7 Gi t [+1 Z J4?L5! OD N N M N m M N Ch, V, V O vi O O v7 O - K st �Q'e9 aaE F paw � ±!i!� JJO 400 I I IOccupational Safety d Health Admin., Labor Pt. 1926, Subpt. P App. D I i I I I I I§ � §§ � ■ I �§■� I I 1 I I I I i E § k | � a§z § ~ § k 2 — A a § 3■ 5 3& 3« m _ r m , m \ § 2 2 _ S . • � M � � 2 § � p. o . § - 2 E §§ § z f E z x z & u § § B § > § § _ o q d � o- ' w o n o v q 2 § o ■ d N g •0 I 2 v 2 2 vi 2 -® z S0k§ i In N Q § 2 0 In I a K � o 401 I Pt. 1926, Subpt. P. App. E 29 CFR Ch. XV11 (7-1-04 Edition) APPENDIX E TO SUBPART P OF PART 1926 —ALTERNATIVES To TIMBER SHORING Figure 1. Aluminum Hydraulic Shoring Isis I� YERI SPAC 4`' NA RTICAL RAIL YDRAULIC CYLINDER Figure 2. Pneumatic/hydraulic. Shoring OO OO 402 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Pt. 1926, Subpt. P. App. F Occupational Safety and Health Admin., Labor Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields APPENDIX F TO SUBPART P OF PART part P for excavations 20 feet or less In 1826 ---SELECTION OF PROTECTIVE depth. Protective systems for use in exca- SYSTEMS vations more than 20 feet In depth must be designed by a registered professional engi- The following figures are a graphic sum- neer in accordance with § 1926.652 (b) and (c) , mary of the requirements contained in sub - 403 Pt. 1926, Subpt. P, App. F 29 CFR Ch. XV11 (7-1-04 Edition) Is the excavation more •than 5 feet in depth? Is there potential Is the excavation for cave—in? J entirely in stable rock? Excavation may. be made with vertical sides. Excavation must be sloped, shored, or shielded. Sloping Shoring or shielding selected. ae ected. Go to Figure 2 Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 404 Occupational Safety and Health Admin., Labor ] Sloping selected as the method of protection Excavation must comply with one of the following three options: Option 1: ff 1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: 1926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: $1926,652 (b)(4) which requires the excavation to be designed by a registered professional engineer. Will soil classification be made in accordance with §1926.652 (b)? 405 Pt. 1926, Subpt. P, App. F Excavations must comply with51926.652 (b)(1) which requires a slope of l H:lV (34°). FIGURE 2 — SLOPING OPTIONS PI. 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-04 Edltfon) Shoring or shielding selected as the method of protection. Soil classification is required when.shoringor shielding is used: The excavation must comply with one of the following four options: Option 1 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 .1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 $1926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 .1926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 406 I I I I I I I I u I I I L j I I APPENDIX D 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 Phone: (501) 372-4661 Fax: (501) 372-2247 Web Page: www.state.ar.us/cib/ Revised July, 2007 I Arkansas State Licensing Law for Contractors 17-25-101. Definition. (a)(1) As used in this chapter, "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 demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, 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, demolition, or repair of his or her 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 shall 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, demolition, 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 or her 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 J 1 C I I I Il I I I I I 1 r 1 (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. I (B) The Contractors Licensing Board shall have the authority to define "manufactures" as it is used in this subdivision (3). 1 17.25-143. 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)(A) For a fixed price, commission, fee, or wage, attempts to or submits a bid or bids to construct or demolish or contracts to construct or demolish, or undertakes to construct or demolish, or assumes charge in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished 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; (B) Subdivision (a)(1) of this section shall not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (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 I 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. I 2 I 7 I I 1 (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 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. I I I 1 I In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the "'A.' indictment, affidavit, or complaint that unlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so." 17.25.106. [Repealed.]. Creation Members. 17-25-201. - (a) There is created a Contractors Licensing Board, consisting of seven (7) members, who I 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 I 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 l 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 I 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 I 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. U (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. 4 1 I I I I (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. I 17-25-202. Organization and functions. (a) The Contractors Licensing Board shall elect a chair, vice chair, and secretary, each to serve in his 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 1 to be paid by the board. (c) The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary. 17-25-204. Employees. The 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 5 I I I additional professional and clerical employees as may be necessary for the operation of the P board and its various functions and pay salaries thereto as may be authorized by law. 1 17-25-205. Disposition of funds. The fees of the Contractors Licensing Board shall be deposited in banks to be used by the ' board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules and regulations prescribed by the Director of the Department of Finance and Administration. 17-25-206. Records and reports. (a) The secretary of the Contractors Licensing Board shall keep a record of the proceedings I 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 I 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 § 17-25-312, 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. I 6 t L I (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. (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 XA) 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) shalt 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 public accountant or registered public accountant according to American Institute o₹ Certified Public Accountants' Professional Standards. 7 I I I I (b) The financial statement so furnished shall not bepublic information and may not be made available for inspection by any person, unless pursuant to an order of a court of competent jurisdiction. After the contractor is licensed, the Contractors Licensing Board shall have the option of destroying the financial statement by the process of shredding or returning the financial statement to the contractor. I 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: I (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 I 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. 1 17-25-308. Grounds for revocation. The Contractors Licensing Board shall have the power to revoke the certificate of license of I any contractor licensed under this chapter who is found guilty of any fraud or deceit in I 1 I I I 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 1 licensed under this chapter. (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. 9 1 I I I 1 (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. 17-25-312. Review. Any parry aggrieved by any decision of the Contractors Licensing Board shall have the right Ito seek review thereof pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. 1 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 I 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 1 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 I17-25-401. 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, 10 I I I I 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. (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 under this chapter. 17-25-402. Expenses - Disposition of funds. I (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. (ax1) 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 11 1 I I I potentially owe to the State of Arkansas or to any city, coup school district, state agency, county, 9 Y. 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 I connected to the customers project and the provisions of this section apply thereto. 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 properly filed. (b) The bond shall be: (1) In a penal sum of ten thousand dollars ($10,000.00); (2) Payable to the State of Arkansas; and (3) Conditioned on the contractor complying with the tax laws of the State of Arkansas, and I 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 Workers' Compensation 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 contractor's 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. 12 I (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 shalt 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. 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 I of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Li 13 I I n I The Rules and Regulations of the Contractors Licensing and Bond Law 224-25-1 ISSUANCE OF LICENSE I (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 I 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 •1 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 I 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 I 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 1 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 C! 1 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 its' initial 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 I 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 A 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 I Note: Past work experience and ability to perform work classification must be I 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 I 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 I full time employee holding a Master Electrician's license (issued by the Arkansas Board of Electrical Examiners) to assure proper skills in I 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 1 (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. 1 (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 1 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 I 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 - Waives, Docks, Harbor Improvements, Terminals) 16 I I I 1 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 ill. Surface Treatment iv. Asphalt v. Concrete Paving g. Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) 8. Tunnels & Shafts (2) HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION This Classification Includes All Of The Specialty Classes Below: 1. Base & Paving a. Base Construction b. Hot & Cold Mixes c. Surface Treatment d. 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 I 8. Railroad Construction and Related items 9. Concrete 10. Steel, Alloy, Ornamental, Metal Fabrication, Welding Iii. Stack Construction (3) MUNICIPAL AND UTILITY CONSTRUCTION This Classification Includes All of The Specialty Classes Below 1. Base & Paving a. Base Construction I b. Hot & Cold Mixes c. Surface Treatment d. Asphalt e. Concrete Pavement I 2. Grading & Drainage (Includes Grading, Drainage, Pipe & Structures, Clearing, Grubbing & Rip Rap) 3. 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 4. Underground Piping, Cable, Trenching I a. Gas Distribution and Transmission Lines b. Sewer Lines c. Storm Drains d. Rehabilitation & Structures 18 1 I I I 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 c. Foundation Drilling & Construction, Pile Driving, Stabilization 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. Roofing & Roof Decks m. Pipes, Process Piping, Valve repair n. Insulation o. Dredging p. Masonry 6. Waterwells (4) BUILDING This Classification Includes All Of The Specialty Classes Below: 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 1 I I I 1 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 I 4. Attenuators, Signalization and Roadway Lighting b. Landscaping 1. Seeding 2. Sodding I 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 Sidewalks I1. 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 I 46. Sheet Metal, Ducts 47. Siding, Sofitt, Facia and Gutters 48. Skylights and Solar Systems 49. Special Coatings or Applications, Caulking, Waterproofing 1 50. Steel, Alloy, Ornamental, Metal Fabrication, Welding 20 1 I I 1 I 51. Substations 52. Swimming Pools, Spas 53. Tennis Courts 54. Tile, Terrazzo, Marble 55. Stack Construction 56. Underground Storage Tanks 57. Water & Sewer Plants, Sewer Disposals (5) LIGHT BUILDING 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: Light Building construction is construction, alternations or repairs of commercial projects for which the cost of materials and labor does not exceed Five Hundred Thousand Dollars ($500,000.00) 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 Five Hundred Thousand Dollars ($500,000.00) 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. 5. Electrical Temperature Controls Systems Electrical Transmission Lines 6. Electrical Work for Buildings and Structures 21 I I I I 7. Control Systems & Instrumentation I 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-Glass€fication As A Specialty By Request And Proper Qualifications Shown. (Example: Base & Paving, Plumbing, Drywall, I Insulation, etc.) The Complete List Of Those Sub -Classifications Is: SPECIALTIES Above Ground Tanks Asbestos (Certificate Needed) Airport Passenger Bridges Awnings & Canopies Base & Paving I 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 I Chemical Resistant Tile & Brick Chimneys, Fireplaces Cofferdams, Dikes, Levees, Canals Communication, Computer & Sound Systems, Cabling I Concrete Control Systems & Instrumentation Conveyors, Cranes, Material Handling Systems Cooling Towers I Demolition, Blasting Dredging Drywall Electrical Transmission Lines Elevators, Escalators, Dumbwaiters, Chairlifts (Certificate Needed) Energy & Chemical Pipelines I Energy Management, Retrofit Systems Environmental General Erosion Control Excavation I Fencing, Gates Fiberglass 22 I I I I 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 3. 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 1 I I I Li ri 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 I Paint Booths Painting, Wall covering Piping, Process Piping, Valve Repair Plant Maintenance Plating & Waste Treatment Systems I Plumbing Pneumatic Tube Systems Pollution, Air & Dust Control, Slower & Exhaust Systems Poultry & Swine Houses Precipitators Railroad Construction & Related Items Rebar Refrigeration & Cold Storage Remediation Remodeling, Renovations, Restoration, Alterations Retaining Walls Right of Way Clearing I 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 I 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) I Testing, Balancing Tile, Terrazzo, Marble Tunnels & Shafts Underground Piping, Cable, Trenching, Boring Underground Storage Tanks (Certificate Needed) Water Wells (Water well License required) 24 1 I I I 22425-6 FINANCIAL REQUIREMENTS 1 (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. (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 1 I I 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. I (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. I (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 I 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. 224254 COMPLAINTS & INVESTIGATIONS I(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 I 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 I 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 "J (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 tiled 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 surety company executing the bond and shall file with the bond the agent's, 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 1 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. U (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 I 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 job" 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 . I 28 I 1 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 CI I I I 1 29 I J I I I 1 1 1 1 1 1 1 1 1 I i 1 1 1 1 1 1 1 APPENDIX E I I I I I I I I 1 I H 1 I Disadvantaged Business Enterprise Program 49 CFR Part 26 Issued October 17, 2000 Revised October 7, 2008 1 RESOLUTION NO. 52-09 A RESOLUTION TO ACCEPT AND APPROVE THE UPDATED FAYETTEVILLE EXECUTIVE AIRPORT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REVISION AND PARTICIPATION GOAL FOR FY2009; AND AUTHORIZING THE MAYOR TO SIGN THE REQUIRED OBJECTIVES/POLICY STATEMENT. 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 Executive Airport Disadvantaged Business Enterprise (DBE) Program revision and participation goal for FY2009. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign the required Objectives/Policy Statement. e • :FAYETTEVILLE; _= �f'yy� .RKAN�P�J2�• ,�11 i vG i 0 Ari�,ti`��• By. rSONDRA E. SMITH, City Clerk/Treasurer 11 I I I I I PASSED and APPROVED this 3rd day of March, 2009. APPROVED: I I L I r I I I I I I J I City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Section 26.1, 25.23 POLICY STATEMENT Objectives/Policy Statement 01/22/09 The City of Fayetteville, Fayetteville Executive Airport, has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Fayetteville has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Fayetteville has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Fayetteville to ensure that DBEs as defined in part 26, have an equal opportunity to receive and participate in DOT -assisted contracts. It is also our policy: 1. 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; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Airport Financial Coordinator has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the DBELO is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Fayetteville in its financial assistance agreements with the Department of Transportation. The Fayetteville Executive Airport has disseminated this policy statement to the City Administration, City Council and all of the components of our organization. We have distributed this statement to DBE and non -DBE business communities that perform work for us on DOT -assisted contracts. 4Lelw4iordan, r Date 1 Attest: Sondra Smith, City Clerk I I httpY/www.acoessfayetteville.org/govemment/avlatiorn/disadvantage_business_enterprise/dbe:c*n - Page 2 of j1/ tJ' y I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 SUBPART A - GENERAL REQUIREMENTS Section 26.1 Objectives 1 The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability The City of Fayetteville is the recipient of federal airport funds authorized by 49 U.S.C. 47101, et seq. Section 26.5 Definitions The City of Fayetteville will adopt the definitions contained in Section 26.5 for this program. Section 26.7 Non-discrimination Requirements The City of Fayetteville will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR part 28 on the basis of race, color, sex, or national origin. In administering its 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. Section 26.11 Record Keeping Requirements Reporting DOT: to 26.1 1(bf We will report DBE participation to DOT as follows: We will submit annually the Uniform Report of DBE Awards or Commitments and Payment Form, as modified for use by FAA recipients. An example of the form used is included with "Attachment H", located at Appendix B of 49 CFR part 26, (pg 324). 1 Bidders List: 26.11(c) The City of Fayetteville will create and maintain 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 the bidder list approach for use in calculating overall goals. The bidder list shall include the name, address, DBE / non -DBE status, age, and annual gross receipts of firms. A copy of the Bidders List Form Is included as We will collect this information in the following ways: The list of all bidders for construction will utilize US Census data and the State of Arkansas Contractors Licensing Board list to determine the number of qualified, willing and able contractors. Additionally, the City of Fayetteville compiles an e-mail bidder list through its web site: htto:l/www.accessfavetteville.oro/aovemmentlourchasina/index.cfm. The website list features automatic notification to bidders of upcoming opportunities to bid on City procurement contracts. httpJ/www.accessfayetteville.org/govemment/aviatlon/disadvantage_business enterpriseldbe.cfm Page 3 of 14 I I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 I Revised October 2008 The list of DBE bidders will utilize the Arkansas Unified Disadvantaged Business Enterprise Directory. The directory is continuously updated and published monthly by the Arkansas Unified Certification I Program. Section 26.13 Federal Financial Assistance Agreement I City of Fayetteville has signed the following assurances, applicable to all DOT -assisted contracts and their administration: 1 Assurance: 26.13() 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 I DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this ' agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the City of Fayetteville of its failure to carry out its approved program, the Department may impose 1 sanction 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.). This language will appear in financial assistance agreements with sub -contractors. Contract Assurance: 26.13b We will ensure that the following clause is placed in every DOT -assisted contract and subcontract: The contractor, sub -recipient, or subcontractor shall not discriminate on the basis of race, color, I 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 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. [Note: This language is used verbatim, as it is stated in 26.13(b)) I, __________ SUBPART B - ADMINISTRATIVE REQUIREMENTS USection 26.21 DBE Program Updates Since the City of Fayetteville has received a grant of $250,000 or more for airport planning or development, we will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this program. 1 httpJ/www.accessfayetfeville.org/govamment/aviatlon/disadvantage_business_enterprise/dbe.cfm Page 4 of 14 I City Fayetteville etteville 03/06/09 Y DBE Program 49 CFR Part 26 Revised October 2008 Section 26.25 DBE Liaison Officer (DBELO) We have designated the following individual as our DBE Liaison Officer: James Nicholson, Airport Financial Coordinator, or his successors 4500 S. School Avenue Suite F Fayetteville AR 72701 1 479-718-7642 479-718-7646 fax jnicholson@ci.fayeltoville.ar.us In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the City of Fayetteville complies with all provisions of 49 CFR Part 26. The DBELO has direct, independent access to the Mayor of the City of Fayetteville concerning DBE program matters. An organization chart displaying the DBELO's position in the organization is found in Attachment "A" to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race -neutral methods and contract specific goals attainment and identifies ways to improve progress. 6. Analyzes City of Fayetteville's progress toward attainment and identifies ways to improve progress. 7. Participates in pre -bid meetings. 8. Advises the CEO`governing body on DBE matters and achievement. 9. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 10. Plans and participates in DBE training seminars. 11. Acts as liaison to the Uniform Certification Process in Arkansas. The Arkansas Unified DBE Certification Program certifies DBE's according to the criteria set by DOT. 12. Provides outreach to DBEs and community organizations to advise them of opportunities. 13. Maintains the City of Fayetteville's updated directory on certified DBEs. I Section 26.27 DBE Financial Institutions It is the policy of the City of Fayetteville to investigate the full extent of services offered by financial t institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contract to make use of these institutions. We have made the following efforts to identify and use such institutions: Consult the updated listing from the U.S. Federal Reserve of all minority -owned financial institutions in the U.S., sorted by state. To date we have identified the following such Arkansas institutions: http:/Mww.accessfayetteville.orgfgovernment/aviation/disadvantage_business_enterpdse/dbe.cfm Page 5 of 14 I I I I I 1 I City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 College Station Community Federal Credit Union Phillips County Self-help Credit Union 03/06/09 Information on the availability of such institutions can be obtained from the DBE Liaison Officer. Section 26.29 Prompt Payment Mechanisms The City of Fayetteville will include the following clause in each DOT -assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the City of Fayetteville. The prime contractor agrees further to return retainage payment to each subcontractor no later than 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: 1. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or; • 2. Cancellation, termination, or suspension of the Contract in whole or in part. Section 26.31 Directory • The City of Fayetteville maintains a directory identifying all firms eligible to participate as DBEs. The directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. The airport uses the Arkansas Unified I Disadvantaged Business Enterprise Directory, published by the Arkansas Unified DBE Certification Program, as the airport's DBE directory. The directory is available to contractors and the public on request and a physical copy is maintained at the Fayetteville Executive Airport, Drake Field, located at I 4500 S. School Ave., Suite F, Fayetteville, AR 72701 or by calling 479-718-7642. Copies may also be obtained by contacting the Arkansas Unified DBE Certification Program a₹ 501-569-2259. An example of the Directory may be found in Attachment "Bn to this program document. 1 Section 26.33 Overconcentration City of Fayetteville has not identified that overconcentration exists in the types of work that DBEs perform. ISection 26.35 Business Development Programs City of Fayetteville has not established a business development program. http://www.accessfayetteville.org/govemmentlaviatfonidisadvantage business_enterprise/dbe.cfm Page 6 of 14 I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Section 26.37 Monitoring and Enforcement Mechanisms The City of Fayetteville will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. Bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g_, referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.107. 2: Consider similar action under our own legal authorities, including responsibility determinations in future contracts. Attachment "C" lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in'our procurement activities. 3. Provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award is actually performed by the DBEs. This will be accomplished by: a. Verify with the DBE Contractor the dollar amount of the contract. b. Verify with the DBE Contractor the work timeframe. c. On -site observation of work in progress. d. Verify with the DBE Contractor the final dollar amount of the contracted work and timeliness of the final payment. SUBPART C - GOALS, GOOD FAITH EFFORTS, AND COUNTING Section 26.43 Set -asides or Quotas I The City of Fayetteville does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment 'D' to this program. This section of the program will be updated annually unless there are no DOT funded projects exceeding $250,000 anticipated in the fiscal year. In accordance with Section 26.45(f) the City of Fayetteville will submit its overall goal to DOT on the date of submission as determined by the FAA. In accordance with 26.45 (g)(1), before establishing the overall goal each year, City of Fayetteville will consult with minority, women's and general contractor groups, community organizations, and other officials or organizations in order to solicit input from these entities in the preparation of the annual Overall Goal Update, and to obtain information concerning the availability of disadvantaged and non - disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the City of Fayetteville's efforts to establish a level playing field for the participation of DBEs. A current list of "Attachment consulting organizations is. included in D." I Concurrently with this consultation, and on or about June 1, the City of Fayetteville will publish a notice of the proposed overall goals, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the Fayetteville Executive Airport, Drake Field, Airport Administration Office, for a period of 30 days following the date of the notice, and informing the public that the City of Fayetteville and DOT will accept comments on the goals for 45 days from the date of the notice. This timing will ensure that the public participation process is completed prior to August 1, the date of the DBE Goal update submission to the FAA. The notice will be published in local, statewide, and minority -focus media, and disseminated by mail and/or electronic communication to those entities whose constituencies or members are likely to have a http ltN N.accessfayetteville.org/govemment/avlaUon/disadvantage_business enterpdseldbe.cfm Page 7 of 14 I I I I I I I I I I I I I I I I I Li City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 stake or interest. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The proposed overall goals document will be published to the City of Fayetteville's website for viewing or download. The website page will include or link to contact information and addresses to which comments may be sent. Our overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses. We will begin using our overall goal on October 1 of each year, unless we have received other instructions from DOT. If we establish a goal on a project basis, we will begin using our goal by the time of the first solicitation for a DOT -assisted contract for the project. Section 26.51(a -c) Breakout of Estimated Race -Neutral & Race -Conscious Participation The breakout of estimated race -neutral and race -conscious participation can be found in Attachment "E" to this program. This section of the program will be updated annually when the goal calculation is updated. Section 26.51(d -g) Contract Goals The City of Fayetteville will use contract goals to meet any portion of the overall goal. City of Fayetteville does not project being able to meet the overall goal 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 through the use of race -neutral means. The City of Fayetteville 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 DBEs 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. Section 26.53 Good Faith Efforts Procedures Demonstration of good faith efforts (26.53(a) & (c)) The obligation of the bidder/offeror is to make good faith efforts. The bidderlofferor can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as a responsible bidder/offeror: City of Fayetteville Purchasing Division, Purchasing Agent 1 httpi/www.accessfayetteville.org/govemmenttavialon!disadvantage business_enterpdseldbe.cftn Page 8 of 14 I City of Fayetteville 03/06/09 106 DBE Program 49 CFR Part 26 Revised October 2008 The City of Fayetteville will ensure that all information is complete and accurate and adequately documents the bidder/offer's good faith efforts before we commit to the performance of the contract by the bidderlofferor. I Information to be submitted (26.53(b)) City of Fayetteville treats bidder/offers' compliance with good faith efforts requirements as a matter of I responsibility. Each solicitation for which a contract goal has been established will require the bidders/offerors to'submit the following information: 1. 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 participating; 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 contractors commitment and 6. If the contract goal is not met, evidence of good faith efforts. Administrative reconsideration (26.53(d)) Within five (5) days of being informed by 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 should make this request in writing to the following reconsideration panel: The Airport Advisory Board, 4500 S School Avenue, Suite F, Fayetteville, AR 72701. The Airport Advisory Board is made up of non -city employee, City of Fayetteville residents who volunteer their time and expertise to the .development of the Airport. A current list of Board members is included with 'Attachment A. The reconsideration official(s) will not have played any role in the original determination that the bidder/offerer did not document sufficient good faith efforts. As part of this reconsideration, the bidder/offerer will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration panel to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Fayetteville 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 cannot be administratively appealed to the Department of Transportation. Good Faith Efforts when a DDE is rye laced on a contract (26.53(f)) 1 City of Fayetteville requires 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. The City of Fayetteville requires the prime contractor to notify the DBE Liaison officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. I In this situation, the City of Fayetteville requires the prime contractor to obtain prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. I http:l/www.accessfayetteville.org/government/aviafon/disadvantage business enterprise/dbe.cfin Page 9 of 14 I I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 I Revised October 2008 If the contractor fails or refuses to comply in the time specified, the City's contracting officer will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Sample Bid pecification: •' The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the City of Fayetteville to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms 1 qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of percent has been established for this contract. The bidder/offeror shall make good faith efforts, as 1 defined in Appendix A, 49 CFR Part 26 (Attachment "F"), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose '• participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (6) if the contract goal is not met, evidence of good faith efforts. [Note: When a contract goal is established pursuant to the City. of Fayetteville's DBE program, the sample bid specification can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms found at Attachment "G" can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both non -construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for proposals for architectural/engineering and other professional services, and in other covered solicitation documents. A bid specification is required only when a contract goal is established.] I. Section 26.55 Counting DBE Participation The City of Fayetteville will count DBE participation toward overall and contract goals as provided in 49 CFR 28.55. We will not count the participation of a DBE subcontract toward a Contractor's final I compliance with it's DBE obligations on a Contract until the amount being counted has actually been paid to the DBE. ' SUBPART D -- CERTIFICATION STANDARDS Section 26.61 26.73 Certification Process The City of Fayetteville uses the certification standards of Subpart D of Part 26, as employed by the Arkansas Unified DBE Certification Program, 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. For information about the certification process or to apply for certification, firms should contact t httpl/www.accessfayetteville.org/govemmentfaviationfdisadvantage business_enterpriseldbe.cfm Page 10 of 14 I I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Unified DBE Certification Program; Natasha Halbert, DBE Program Specialist, 10324 Interstate 30, PO Box 2261, Little Rock, AR 72203-2261, 501-569-2259 The certification application forms and documentation requirements are found in Attachment "H" to this program. SUBPART E - CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs City of Fayetteville is a member of the Arkansas Unified DBE Certification Program administered by the Arkansas State Highway and Transportation Department. Information concerning the Unified Certification program is available from AHTD, 10324 Interstate 30, PO Box 2261, Little Rock, AR 72203-2261, 501-569-2259 Section 26.83 Procedures for Certification Decisions I Re -certifications 28.83-(a) & (c) ' The Arkansas Unified DBE Certification Program reviews the eligibility of firms that it has certified or reviewed previously and found eligible under part 26. The Arkansas Unified DBE Certification Program's policy is to re -certify eligible firms every three years. I "No Change" Affidavits and Notices of Change {26.83 The Arkansas Unified DBE Certification Program requires all DBEs to report, in a signed affidavit, any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR Part 26, or of any material changes in the information provided with their application for certification. The Arkansas Unified DBE Certification Program also requires all owners of all DBEs they have certified, to submit on the anniversary date of their certification, a "no change" affidavit meeting the requirements of 26.83(j). The Arkansas Unified DBE Certification Program uses a duplicate of the DBE applicant's original Affidavit of Certification for the purposes of the "No -change Affidavit" requirement. The DBE must submit a new Affidavit each year. A copy of the Affidavit used is contained in Attachment "G". The Arkansas Unified DBE Certification Program requires DBEs to submit with this affidavit, documentation of the firm's size and gross receipts. The Arkansas Unified DBE Certification Program notifies all currently certified DBE firms of these obligations annually. This notification informs DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all regulatory requirements of part 26, including personal net worth. Likewise, if a firm's owner knows or should know that he or she, or the firm, fails to meet a part 26 eligibility requirement (e.g. personal net worth), the obligation to submit a notice of change applies. 1 Section 26.85 Denials of Initial Requests for Certification 1 httpJMmw.aocessfayettevflle.org/govemmentfaviadontdlsadvantage business_enterprlseldbe.cfm Page 11 of 14 1 I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 • If the Arkansas Unified DBE Certification Program denies a firm's application or decertifies it, the firm may not reapply until twelve (12) months have passed. ISection 26.87 Removal of a DBE's Eligibility In the event that the City of Fayetteville challenges a DBE's certification eligibility to the Arkansas Unified 1 DBE Certification Program, and initiates a request to de -certify a DBE, such a removal action follows procedures consistent with 26.87. The procedure, as carried out by the Arkansas Unified DBE Certification Program, is set forth in detail in Attachment "H" to this program. 1 Section 26.89 Certification Appeals Any firm or complainant may appeal the decision in a certification matter to DOT. Such appeals may be sent to; U.S. Department of Transportation Departmental Office of Civil Rights I External Civil Rights Programs Division (S-33) 1200 New Jersey Ave., SE. Washington, DC 20590 I Phone: (202) 366-4754 TTY: (202) 366-9696 Fax: (202) 366-5575 I The City of Fayetteville will promptly implement the DOT certification appeal decisions affecting the eligibility of DBEs for our DOT -assisted contracting.(e.g., certify a firm if DOT has determined that our denial of its application was erroneous). I I SUBPART F - COMPLIANCE AND ENFORCEMENT Section 26.109 Information, Confidentiality, Cooperation 1 The City'of Fayetteville 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 state of Arkansas has a comprehensive Freedom of Information Act (FOIA) which exempts "[f]iles which, if I disclosed, would give advantage to competitors or bidders_" 25-19-105 (b)(9)(a). Therefore, information related to any business entity's, planning, site location, expansion, operations, or product development/marlceting will not be released without prior permission. Otherwise, all other documents related to offers, bids, and contracts are subject to the FOIA. Notwithstanding any contrary provisions of state or local law, the City of Fayetteville will not release personal financial information submitted in response to the personal net worth requirement to a third party ' (other than DOT) without the written consent of the submitter. Monitoring Payments to DBEs The City of Fayetteville 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 DOT. This reporting requirement also extends to any certified DBE subcontractor. httpJlwww.accessfayetteville.org/govemment(aviation/disadvantage_business enterprise/dbe.cfm Page 12 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 The City of Fayetteville will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. httplfwww,accessfayetteville.org/govemmentlaviation/disadvantage_business_enterprise/dbe.cfm Page 13 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 ATTACHMENTS 1 1 1 1 Attachment A Organizational Chart List of Airport Advisory Board members Attachment B DBE Directory (example) Attachment C Monitoring and Enforcement Mechanisms Attachment D Overall Goal Calculation List of consulting organizations Attachment E Breakout of Estimated Race -Neutral & Race -Conscious Participation Attachment F Bidders List Form Attachment G Forms 1 & 2 for Demonstration of Good Faith Efforts Attachment H Arkansas Unified DBE Certification Program UCP Letter of Agreement Certification Application Form Procedures for Removal of DBE's Eligibility Affidavit of Certification / Annual Affidavit Attachment I Regulations: 49 CFR part 26 .httptM waccessfayetteviiie.org/govemment/aviation/disadvantage�business_enterpriseldbe.cim Page 14 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Attachment A Organizational Chart mow• J a•- ti • Finaan'cial Coordiiiutor J ii ?F I irscr O'!'c:o 03106!09 http J/www.accessfayetteville.orglgovemmentfaviaVon/disadvantage_business_ef terprise/dbe.cfm List of Airport Advisory Board members by position Attachment A (cont) 1 Bob Nickle, Chairman .Janice Stanesic, Vice Chair David Hollman, Secretary Otto Loewer, Member Vaughn DeCoster, Member Richard Greene, Member Tim McCarley, Member i City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 Attachment C Monitoring and Enforcement Mechanisms The City of Fayetteville has available several remedies to enforce the DBE requirements contained in its contracts, including, but not limited to, the following: 1. Breach of contract action, pursuant to the terms of the contract; 2. Enforcement or suspension action, pursuant to Chapter 29 — Public Works; Arkansas State Code. In addition, the federal government has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: 1. Suspension or debarment proceedings pursuant to 49 CFR part 26 2. Enforcement action pursuant to 49 CFR part 31 3. Prosecution pursuant to 18 USC 1001. http:/www.accessfayettevi Iie.org/government/avfation/disadvantage_busl ness_enterpriseJdbe.cfm I I I I I City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Attachment 0 Section 26.45: Overall Goal Calculation 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 03/06/09 Goal Period: 10101108 thru 9/30/09 — AIP Grant No. 3-05-0020-0037-2009 Overall DBE Goal: 1.4% Introduction to 2009 DBE Goal update: The City of Fayetteville / Fayetteville Municipal Airport DBE Goal update for Fiscal Year (FY) 2009 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 funds targeted for contract award to Disadvantaged Business Enterprises (DBE's) in accordance with Federal Regulations 49 CFR Part 26. The Goal Update is a prerequisite for AlP grant funding for airports which anticipate receiving more than $250,000 in federal funding from the DOT / FAA in the 2009 fiscal year. The 2009 DBE Goal Update revises the DBE participation goal in federally funded airport contracts anticipated for the 2009 fiscal year, from that originally described in the airport's previously published I DBE Program Plan and successive annual goal updates. The FY 2009 Goal Update is effective concurrent with the solicitation of bids through completion of the grant funded project. I 1 I I I I 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 2009 Goal will be received until 10115108, (see attachment #2 — comments) Comments on the FY 2009 DBE Goal Update may be 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 I Drake Field 4500 South School Ave., Suite F Fayetteville, AR 72701 479-718-7642 479-718-7646 fax iicholson ci.fa etteville.ar.us IhttpJ/www.accesstayetteville.org/govemment/aviation/disadvantage business_enterprlse/dbe.cfn 1 1 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 OVERALL GOALS (§26.45) Goal Period I 10/1108- 9130109 Amount of Goal 1. City of Fayetteville's overall goal for FY 2009 is the following: 1.4% of the Federal Financial assistance to be expended in DOT -assisted contracts. 2. $ 2,150,000 is the total anticipated project funding from DOT -FAA in 2009. Of that amount, $700,000 is allocated for land acquisition costs. Therefore, the dollar amount of DOT -assisted contracts that City of Fayetteville expects to award during FY2009 is $1,450,000. This means that City of Fayetteville has set a goal of expending $ 20,300 with DBEs during this fiscal year/project. Determination of Market 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. Correct RW 16 RSA Deficiency Phase II, Engineering & Design, Roadway Alignment: The Airport has selected, and has contracted with a consulting Engineering firm which will be used to perform a significant portion of the second phase of the above noted project. The Engineering consultant was selected in accordance with the requirements of 49CFR Part18.36, Procurement, and as permitted under paragraphs (d)(3)(v), by competitive proposals (NE professional services). The Contract with the engineering firm includes a specific Disadvantaged Business Enterprise DBE Assurances clause stating the firm's responsibility to "...create a level playing field on which DBEs can compete fairly for DOT - assisted contracts." Construction work consisting of earthwork and fencing is also planned. We used information from the State of Arkansas Contractors Licensing Board to determine the number of qualified Contractors available for the project. Historically, most construction contractors for airport improvement work have 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, the project being considered involves re-routing a portion of the State-owned roadway which bounds the west property line of the airfield and intrudes the Runway Safety Area. Thus, State-wide roadway construction companies will be solicited. Considerations In selecting Market Area Correct RW 16 RSA Deficiency Phase II, Engineering & Design, Roadway Alignment: 1 The project phase consists of engineering, geologic investigation, surveying, roadway alignment and design/engineering, appraisal and property acquisition, grading, fill and drainage, roadway bed preparation, and fencing. Due -to the extent of the project, additional professional services beyond engineering and design are required. Many of the tasks to be accomplished need not be performed on site. It is desirable, but not essential, to enlist skilled personnel who are experienced and knowledgeable of local conditions. However, professionals certified by the State of Arkansas are presumed to have the 1 http:/ www.accessfayetteville.org/govemmen0aviation/disadvantage_business_enterpnse/dba.dm 2 I ii I ri I I 1 I I I I I I t I 1 I I City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 qualifications necessary to perform the work adequately. Therefore, the selected Market Area for this project phase is determined to be the entire State of Arkansas. The consulting Engineer under contract to the airport lists at least one Woman -Owned Business Enterprise, (WBE), as an associate team partner for airport work. Additionally, a list of the DBE contractors in the State of Arkansas presumed to meet qualifications for subcontracted work under the consulting Engineer's contract will be compiled -and issued to the Engineering firm. The consulting Engineer will be directed to inquire with the DBE firms as to their fitness and availability for any subcontracted work required by the consulting Engineering firm, Since the anticipated project consists of re-routing a portion of State Highway 71, construction and construction -related contractors for the project may be recruited from the state-wide pool of Heavy Construction / Highway, Street & Bridge constructors. Our Washington County, Arkansas location, situated in a central valley of the Boston Mountains, contributes to an insulated climate for material suppliers. 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 Unified DBE Certification Program, and listed in the "Arkansas Unified Disadvantaged Business Enterprise Directory" published July 2, 2008. http://www.acressfayetteville.orgfgovemmentlaviation/disadvantage_business. enterprise/dbe.cfm 3 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Amount of Goal 1. City of Fayetteville's overall goal for FY 2009 is the following: 1.4% of the Federal Financial assistance to be expended in DOT -assisted contracts. 2. $ 1.450.000 is the dollar amount of DOT -assisted contracts that City of Fayetteville expects to award during FY2009. This means that City of Fayetteville has set a goal of expending $ 20,300 with DBEs during this fiscal year/project. Methodolosiv used to Calculate Overall Goal Step 1: 26.45(c) Determine the base figure for the relative availability of DBEs. The base figure for the relative availability of DBEs was calculated as follows: Ready, willing, and able DBEs Base figure = All firms ready, willing and able The data source or demonstrable evidence used was: Project No. 1: Correct RW 16 RSA Deficiency Phase 1, Engineering & Design, Roadway Alignment. 2002 NAICS Code Work Item — Professional Services DBE's in Local Market Area All Available Firms* 53121 Real Estate Agents & Brokers 2 548 53132 Appraisal offices 1 142 54133 Engineering services 1 275 54136 Geophysical surveying and mapping 1 6 54138 Testing laboratories 1 40 Totals for this Contract 6 1011 U5 Census — 2002 Economic Census data httpJ/www.accessfayettevllle.orglgovemment/aviation/disadvantage_business_enterpriseJdbe.chm 4 I I I I I I I I I I I City of Fayetteville DBE Program 49 CFR Part 26 Ravicort ()rtnhar 7nng 03/06/09 2002 NAICS Code Work Item - Construction DBE's in Local Market Area All Available Firms 237310 Highway, Street & Bridge Construction 13 194 238110 Asphalt Contractor 0 203 327320 Ready Mix Concrete Mfg 1 93 238120 Structural steel & Precast Concrete 4 17 238210 Electrical Contractors 2 517 237310 Striping (Hwy, St, & Bridge Construction) 0 48 238910 Site Preparation Contractors •• 1 279 484220 Dump Trucking,. local specialized 7 226 Totals for this Construction Contract 28 1577 The numerator divided by the denominator is the calculation of the base figure for the overall goal. Weighting Roughly 12% of the project expense is allocated to Design & Engineering, real estate consulting and appraisals, and 88% to construction related activities. Therefore, the tasks associated with each category are calculated separately and summed. Calculation of Base Figure 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 / all contractors Base Figure = (5/1011) + (27/1577) = 0.006 + .018 = .024 Step 2: 26.45(d) Step 2 is an adjustment to the base figure percentage from Step I so that the updated goal accurately reflects the actual attainable DBE participation in FY 2009 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 1 http i/www.accassfayetieville.org/governmentaviatorddisadvantage business enterpriseldbe.cfm 5 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 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 2005 1.0 .63 Aircraft Apron 2006 1.31 0 Aircraft Apron 2007 .75 0 Planning & Engineering Median % 1.0 0.42 Calculation of adjustment to DBE Base Figure The calculation of the adjusted figure is determined by averaging the base figure and the historical median for like projects. Base Figure + Historical Avg. /2 = Adjusted Figure (2.4+0.42)/2=1.4 httpl/wwwarcessfayetteville.org/governmentlaviation/disadvantage business_enterpdse/dbe.cfm 6 I City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 IiPublic.Partici ation We published our goal information in these publications: Arkansas Democrat Gazette — Northwest Arkansas edition Hola! Arkansas -- Statewide Bi-lingual newspaper City of Fayetteville website We received comments from these individuals or organizations: 1. Charles Lynch, AR Development Finance Authority, (ADFA), by phone 8126108: In response to our letter requesting a review of our 2009 DBE Goal Update, Mr. Lynch called to provide information about a guaranteed loan program offered by his agency. The program enlists local banks to qualify borrowers for DBE small business capital loans and lines of credit up to $50,000. He asked that any I DBEs or potential DBEs who consider bidding on airport projects be informed of this program and be provided Mr. Lynch's contact information. Mr. Lynch also made a referral to an individual, Donnie Rayford, who is conducting recruitment, training and assistance with DBE certification in Arkansas. 1 City of Fayetteville response: I Requested and received ADFA guaranteed loan program documents to keep on file in order to provide to existing or potential DBE contractors. 1 I I I I I I I I I http://www.accessfayetteville.org/9ovemmenvaviafion/disadvantage business_enterpdse/dbe.cfm 7 1 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Attachment E 1 Section 26.51: Breakout of Estimated Race -Neutral & Race Conscious Participation City of Fayetteville will meet the maximum feasible portion of its overall goal by using race -neutral means of facilitating DBE participation. The City of Fayetteville uses the following race -neutral means to increase DBE participation: • Encourage Prime Contractors to subcontract portions of the work that they might otherwise I perform with their own forces. • Arrange the time of solicitation and receipt of bids at suitable times. • Provide information and assistance to DBEs concerning ADFA guaranteed loan program. • Provide electronic notification of pending solicitations through e-mail contractor list. 1 • Post notices of solicitations to City of Fayetteville website. We estimate that, in meeting our overall goal of 1.4 %, we will obtain 0 % from race -neutral participation and 1.4 % through race -conscious measures. The following is a summary of the basis of our estimated breakout of race -neutral and race -conscious DBE participation: 1 In determining what percentage of the 2009 adjusted goal could be met through race -neutral means, we reviewed historical DBE accomplishments for Fayetteville I Drake Field. FYV did not have any DBE participants in Professional Services contracts on any AIP projects for the last six years, nor was FYV able to meet its minimum goal for construction activities. Therefore, we estimate that in meeting our overall 2009 adjusted goal of 1.4%, we will obtain 0% from race -neutral participation and 1.4% from race -conscious measures (e.g. setting contract goals). In order to ensure that our DBE program will be narrowly tailored to overcome the effects of discrimination, if we use contract goals we will adjust the estimated breakout of race -neutral and race - conscious participation as needed to reflect actual DBE participation (see 26.51(f)) and we will track and report race -neutral and race conscious participation separately. For reporting purposes, race -neutral DBE participation indudes, but is not necessarily limited to, the following: DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract -on a prime contract that does not carry DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. We will maintain data separately on DBE achievements in those contracts with and without contract goals, respectively. i I I I httpllwww.accessfayetteville_org/govemment(aviationldlsadvantage business_enterpriseldbe.cfm 1 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 Attachment F CITY OF FAYETTVILLE BIDDERS LIST FORM All bidders/proposers are required to provide the following information and for all DBE and non - DBE subcontractors, who provided a proposal, bid, or quote on this project and must be submitted with their bid/proposal in order to be considered as a `responsible' bidder/proposer. The purpose of collecting this information is to comply with requirements at federal regulation 49CFR part 26.11(c) to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. Firm Name: Phone: Address: Contact Person: Fax: Email: Is the firm currently certified as a DBE with the Arkansas Unified DBE Program? ❑ YES ❑ NO Type of work/services/materials'provided by firm: What were your firm's Gross Annual receipts for last year? ❑ Less than $1 Million ❑ Less than $5 Million ❑ Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non- DBEs) information. http://www.accessi yettevi1le.org/govemment/aviationIdisadvantage_business_enterpnseldbe.cfm City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Attachment G Forms 1 & 2 for Demonstration of Good Faith Efforts FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidderlofferor has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of_ % DBE utilization on this contract. The bidderlofferor (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By (Signature) Title httpJ/www.accessfayetteville.org/govemm ent/aviation/disadvantage_business_enterpriseldbe.cfm City of Fayetteville DBE Program 49 CFR Part 26. Revised October 2008 FORM 2: LETTER OF INTENT Name of bidder/offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: 03/06/09 The bidder/offeror is committed to utilizing the above -named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above -named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations In this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor.) httpJ/www.accessfayetteville.org/govemment(aviation/disadvantage business_enterprise/dbe.cfm City of Fayetteville . 03/06109 DBE Program 49 CFR Part 26 Revised October 2008 Attachment H Arkansas Unified DBE Certification Program This document is incorporated in its entirety and is made part of the City of Fayetteville's Disadvantaged Business Enterprise Program. The Arkansas Unified DBE Certification Program contains the following information in support of requirements found at Section 26.61 — 26.73 Certification Process: UCP Letter of Agreement Certification Application Forms Procedures for De -certification of.DBEs Affidavit of Certification I Annual Affidavit http l/www.accessfayetteville.orglgovernmentlavlaton(disadvantage_business enterprise/dbe.cfm rj I I I I I Arkansas entities receiving Federal Highway Administration (FHWA), Federal Aviation Administration (FAA) and Federal Transit Administration .(FTA) funding were identified and asked to participate in developing a UCP. A committee to oversee the development of the UCP statewide was formed that included FHWA, FAA and FTA funding recipients. The committee decided the Arkansas UCP. would be called the Arkansas Unified Disadvantaged Business Enterprise ICertification Program or ACP. The Disadvantaged Business Enterprise (DBE) requirements contained in 49 CFR Part 26 published in February 1999 Include a provision for a "one -stop" certification process. Failure to develop and execute a Unified Certification Program (UCP) agreement will result in a loss of -United States Department of Transportation (USDOT) funding. I The UCP -will not establish, recommend, or alter any agency's overall DBE Program, other than to supplement an approved program submittal, DBE goal or goal methodology. DBE goal development, administration, monitoring, and reporting remains the sole responsibility of the agency with a USDOT approved DBE Program, subject to any oversight requirements of FHWA, FAA or FTA. Recipients of USDOT funding greater than of equal to $250,000 are required to ratify. the UCP agreement and all DBE certifications by the ACP will be binding. .By signature of this letter, I have read and agree to. adhere to the guidelines and procedures established by the ACP agreement, including subsequent revisions. Na a of Organization Uuth"Y'bur.ed i nature/Date VVV Please maintain a copy of this executed documefle and return original. 1 1 RECEIVED JAN 082001 To: Recipient's of United States. Department of Transportation AIRPORT I (USDOT) Federal Funding in the State of Arkansas In March of 1999, a new Disadvantaged Business Enterprise (DBE) I regulation (Part 26) took effect that revamped the DBE program. I In accordance with 49 C.F.R. Section 26.81, recipients of funds equal p 4 to or greater than $250,000 from USDOT's Federal Aviation Administration (FAA), Federal Transit Administration (FTA) and 1 Federal' Highway Administration (FHWA) operating administrations within a given state must band together to develop and implement a Unified Certification Program (UCP} to afford prospective applicants to the DBE program "one stop shopping." "One stop shopping" means that an applicant will only need to file one DBE application and go through one certification review to achieve a DBE certification that will be recognized by all other recipients within the state. Currently, a firm may need to seek certification from different entities if it seeks to 1 do highway, transit or aviation related work. The UCP agreement will provide such applicants a "one stop shop." The Arkansas Unified DBE Certification Program (ACP) committee formed earlier this year and developed the enclosed joint UCP* agreement. Your formal acceptance of the agreement is required before the UCP can be officially approved by USDOT. Attached are a copy of the proposal and a letter of agreement. The proposal should be read and the letter of agreement signed and returned to the Arkansas State Highway and Transportation Department before January 18, 2002. (A postage paid addressed envelope is provided.) 1 Although your organization may not currently be receiving $250,000 or more in Federal funds, you will be required to participate in this agreement should you reach that funding level: You may choose to sign the agreement now, or wait until you are in this position. I You may have additional questions about the proposal, and we welcome those questions. Contact people are listed on the t attachment. We appreciate your immediate attention to this matter. 1 n ACP Committee Contact Information ' Dan Clinton, P.E. Grimes Consulting Engineers, Inc. Riviera Building 3700 Cantrell Road, Suite 106 Little Rock, AR 72202 Phone: 501-666-1500 Fax: 501-666-4519 Email: DCLINT62 oc.MSN.COM Kay Crutchfield, EEO Section Head I. Arkansas Highway & Transportation Department 10324 Interstate 30 * P.O. Box 2261 Little Rock, AR 72203-2664 •' Phone: 501-569-2298 Fax: 501-569-2664 Email: kay.crutchfielahtd.state. ar.us 1 Celestine Lindsey, Manager — Properties Adams Field/Little Rock National Airport One Airport Drive Little Rock, AR 72202 Phone: 501-372-3439 Email: imadmin@Irn—aairport.com Valera McDaniel — Transportation Specialist Federal Highway Administration --Arkansas Division 1 700 West Capitol Ave, Room 3130 Little Rock, AR 72201-3298 Phone: 501-324-5326 I. Fax: 501-324-6423 Email: valera.mcdaniel fhwa.dot. ov Ken Simmons, President AAOA Searcy Municipal Airport 2609 South Main Searcy, AR 72143 • Phone: 501-279-1080 Email: k simmons _ rocketmail.com 1 I 3/3 • City of Fayetteville Staff Review Form _O' City Council Agenda items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Ray M Boudreaux Aviation & Economic Development General Government Submitted By Division Department ACCOn Kequtree: Action Required: A Resolution to accept and approve the Fayetteville Executive Airport Disadvantaged Business Enterprise (DBE) Program Revision and Participation Goal in 2009 for Airport Improvement Grant Project 3-05-0020- 0037-2009. Cost of this request Account Number Project Number Budgeted Item . $ Category I Project Budget $ Funds Used to Date $ Remaining Balance Budget Adjustment Attached ______ _______________ I Program Category I Project Name Program! Project Category Name i Fund Name I 147-00, 150-01. 81-D3 1 4y2l/dc Previous Ordinance or Resolution # 97-04, 87-05 Department Director Dat 202-05. 143-0� 7 Original Contract Date: jz1i Original Contract Number City Attorne Date 1 L Q 2- i1 -o nce and internal Services Director Date - Received In City 1 Clerk's Office 1 QAi Staff Date Received in I� Mayor's Office M or ate 1 Comments: • Revised January15, 2009 ' I Staff Review Memorandum TO: Lioneld Jordan, Mayor Fayetteville City Council members THRU: Ray M. Boudreaux, Director I. Fayetteville Executive Airport Adviso I I 1 I I I I LI City Council Meeting February 17, 2009 ry Board '""T7 inator / DBE Liaison (DBE) Program revisi n Recommendation: Approve a Resolution and signature of the Mayor required to approve the Fayetteville Executive Airport Disadvantaged Business Enterprise (DBE) Program revision and -2009 DBE Participation Goal Update. Background: On October 14, 2000, the Fayetteville City Council approved the Fayetteville Executive Airport's revised Disadvantaged Business Enterprise Program by resolution 147-00. The Airport's DBE Program is federally mandated under 49 CFR Part 26 for all Department of Transportation (DOT/FAA) grant recipients which anticipate receiving more than $250,000 in federal funds in the fiscal year. The DBE Program assures that Minority & Women. -owned businesses, and other economically disadvantaged small businesses have an equal opportunity, or "level playing field," in competing for Airport procurement contracts. Discussion: The FAA SW Region Civil Rights Officer has requested that we revise and update our existing DBE program. The revision incorporates changes to some language in the Program narrative to reflect the most current 49 CFR Part 26 language, brings current some of the details of how the City administers its DBE Program, and adds supplementary documents and information in order provide a more comprehensive document for potential DBE participants, stakeholder organizations and the general public. Included with the Program revision is the 2009 DBE Goal update, (Attachment D). The regulation. requires that we circulate the Program Policy Statement and Annual Goal Update throughout the organization. The Policy Statement reflects our commitment to our DBE program, outlines its objectives, and outlines responsibilities for its implementation. The Policy Statement (pg 2 of the document), should be signed by the City's chief officer and submitted to the FAA. Budget Considerations: • No budget effect. 'in Attachment: Revised DBE Program I •1 CITY OF FAYETTEVILLE FAYETTEVILLE EXECUTIVE AIRPORT 1/23/09 DBE Program Revision packet NOTE TO REVIEWERS, Please do not be daunted by the weight and heft of the document. Several of the attachments comprise of a large list of contractors or a copy of the federal regulations that apply to this program. They are included by request of our FAA Civil rights officer and do not need to be reviewed except to be used as a reference to the regulation for example. The first section of the document, from pg 2-14, is important to review. This is the City's "DBE Program" and includes all of the requirements and responsibilities which we are obligated to follow as a recipient of Dept of Transportation (DOT) grant funding for airport improvement projects. PURCHASING: Please pay close attention to the section titled "Good Faith Efforts Procedures" beginning on pg 9. All DOT funded project bids will necessarily have to be reviewed by the airport prior to any award. The determination of a `responsible' bidder, is significant and is contingent on whether the bidder includes the required DBE — related documents, and verification that any DBE subcontractors that the prime lists are certified DBE in Arkansas Unified DBE Program. Please call me with any questions you may have about this. The next section to review closely is "Attachment D," the 2009 Participation Goal Update. This section illustrates the goal calculation process and rationale. Thanks for your time and I I I I I I I I I I I I City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Kequirea• Action Required: Review and forward for Mayor's signature; Change Order No. 1 Sweetser Construction Co., Inc., Drake Field Runway Safety Area project. $ Cost of this request 5550.3960.7820.38 Account Number 07039 3 Project Number Budgeted Item IX Departm Director ! r mey $ 3,141,436.00 Correct Runway 16 RSA Phase III Category ! Project Budget $ 3,009,269.00 Funds Used to Date $ 132,167.00 Remaining Balance Budget Adjustment Attached Date Date c (Li Finance and Internal Services Director Date Date 9 is Date Program Category! Project Name Airport Capital Exp Program / Project Category Name Airport Fund Name Previous Ordinance or Resolution # 138-09.,t Original Contract Date: 6/16/2009 Original Contract Number: 2087 Received in City 09 - 01-1 0 P 0 5 :01 RCVD V D Clerk's Office •, , Received in 9 2 Mayor's Office Revised January 15, 2009 a ettvil1e hRKAN5A5� STAFF REVIEW MEMO To: Mayor Jordan Thru: Terry Gulley, Transportation Director ,h-. Staff Review Committee From: Ray M. Boudreaux, Director Aviati Division Date: August 27, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 45005 School Ave, Ste F Fayetteville, AR 72701 P (479) 718-7642 Subject: Change Order No. 1, Sweetser Construction Co., Inc., Drake Field Runway 16 Safety Area project PROPOSAL: The Airport's consulting engineer and owner's representative on the Runway 16 Safety Area Improvement project currently underway has recommended approval of Change Order No. 1 to the construction Contract with Sweetser Construction Co., Inc. The Change Order reconciles and adjusts bid line item quantities to reflect the actual amounts required for the project. Justifications are specified for these changes including quantity reductions or increases in items completed and changes and/or replacements required by AHTD or City Plan Review after bidding. The Change Order No. 1 results in no cost change to the contract. RECOMMENDATION: Airport Staff recommends approval of the Change Order No.1. BUDGET IMPACT: None Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, Al 72701 MCEMcCLELLAND CONSULTING UEc N,E D ro S E R,½E ENGINEERS, INC. August 27, 2010 Mr. Ray Boudreaux Airport Manager, Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 RE: Runway 16 Safety Area Improvements Fayetteville Executive Airport AIP 3-05-0020-038-2009 Dear Mr. Boudreaux: 1810 N. College Avenue P.O. Box 1229 Fayetteville, Arkansas 72703 / 72702-1229 PHONE: 479-443-2377 FAX: 479-443-9241 Enclosed please find three (3) copies of Change Order No.1 from Sweeter Construction, Inc. for approval by the City. Please return one (1) signed copy to the Contractor and to our office. If there are any questions regarding this project, please contact us. Sincerely, D COI S1ULTING ENGINEERS, INC. eObr�s,/P.E. z Enclosures: Change Order No. 1 (3 copies) W:\2008\082153- Hwy 71 Relocation to Drake Field\Correspondence\bourdreaux-1-82710.doc RECEIVED AUG 30 2' CHANGE ORDER Order No. Date: Agreement Date: AIRPORT 1 August 12, 2010 June 16, 2009 NAME OF PROJECT: Runway 16 Safety Area Improvements (AlP Pro'. No. 3-05-0020-38-2009) OWNER: City of Fayetteville (Airport Department) CONTRACTOR: Sweetser Construction Co., Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Reduce the quantity of Bid Item Bid Item No. 1-7: Undercut and Embankment Backfill for the amount used form 6,500 CY to 5,500 CY. Deduct cost of $ 8,000.00 from the contract. 2. Reduce the quantity of Bid Item No. I-11: Temporary Rock Check Dam for the amount used from 715 LF to 300 LF. Deduct cost of $ 12,450.00 from the contract. 3. Reduce the quantity of Bid Item No. I-22: 16" Bored or Excavated Encasement for the amount used from 235 LF to 126 LF. Deduct cost of $ 24,525.00 from contract. 4. Delete Bid Item No. 1-25: 12" PVC Class 200 Force Main. Deduct cost of $ 9,360.00 from the contract. 5. Delete Bid Item No. 1-26: Ductile Iron Fittings. Deduct cost of $ 12,500.00 from the contract. 6. Delete Bid Item No. 1-28: Connection of New 12" Force Main to Existing 12" Force Main. Deduct cost of $ 17,200.00 from the contract. 7. Add Bid Item No. 1-34: 6" SDR 26 PVC Sewer Pipe for 143 LF at $32.00 per LF. Add cost of $ 4,576.00 to the contract. 8. Add Bid Item No. 1-35: Remove Existing Sewer Line for 320 LF at $10.50 per LF. Add cost of $ 3,360.00 to the contract. 9 Add Bid Item No. 1-36: 24" Steel Split Encasement for 170 LF at $250.00 per LF. Add cost of $ 42,500.00 to the contract. 10. Add Bid Item No. 1-37: 12" Steel Split Encasement for 125 LF at $225.00 per LF. Add cost of $ 28,125.00 to the contract. 11. Add Bid Item No. 1-38: 12" Steel Excavated Encasement for 112 LF at $225.00 per LF. Add cost of $ 25,200.00 to the contract. 12. Add Bid Item No. 1-39: Remove Commercial Signs for 2 EA at $600.00 EA. Add cost of $ 1,200.00 to the contract. 13. Add Bid Item No. 1-40: Granular Backfill in Abandoned Cellar for 225 TN at $18.00 per TN. Add cost of $ 4,050.00 to the contract. 14. Add Bid Item No. 1-41: Cap Ends of Abandoned Pipe for 2 EA at $1,000.00 EA. Add cost of $ 2,000.00 to the contract. 15. Add Bid Item No. 1-42: Flowable Fill for Abandoned Pipe for 17 CY at $100.00 per CY. Add cost of $ 1,700.00 to the contract. 16. Add Bid Item No. 1-43: Connect Existing Sewer Service for 1 EA at $450.00 EA. Add cost of $ 450.00 to the contract. 17. Add Bid Item No. 1-44: Relocate Water Service at Super Stop for 1 EA at $600.00 EA. Add cost of $ 600.00 to the contract. 18. Reduce the quantity of Bid Item No. II -7: Undercut and Embankment Backfill for the amount used from 2,000 CY to 1,000 CY. Deduct cost of $8,000.00 from contract. 19. Reduce the quantity of Bid Item No. 11-10: Temporary Rock Check Dam. Adjust the bid quantity 01 975 LF to 575 LF. Deduct cost of $ 12,000.00 from contract. 20. Reduce the quantity of Bid Item No. 11-12: Erosion Control Blanket. Adjust the bid quantity of 1,900 SY to 900 SY. Deduct cost of $ 5,450.00 from contract. 21. Add Bid Item No. 11-19: 8" C900 PVC Water Lines at Scurlock for 250 LF at $45.00 per LF. Add cost of $ 11,250.00 to the contract. 22, Add Bid Item No. 11-20: 8" Bends for 4 EA at $300.00 EA. Add cost of $ 1,200.00 to the contract. 23. Add Bid Item No. 11-21: Cut and Cap Existing Waterline for 2 EA at $500.00 EA. Add cost of $ 1,000.00 to the contract. 24. Add Bid Item No. 11-22: 8" Tap Assembly for 2 EA at $4,018.00 EA, Add cost of $ 8,036.00 to the contract. 25. Add Bid Item No. 11-23: 16" Steel Excavated Encasement for 60 LF at $225.00 per LF. Add cost of $ 13,500.00 to the contract. 26. Add Bid Item No. 11-24: Testing of Water Line for 1 EA at $500.00 EA. Add cost of $ 500.00 to the contract. 27. Add Bid Item No. 11-25: Rip -Rap at Culvert Aprons for 205 SY at $45.00 per SY. Add cost of $ 9,225.00 to the contract. 28. Add Bid Item No. 11-26: Reinforced Concrete Slab over Electrical Vault for 1 EA at $3,000.00 EA. Add cost of $ 3,000.00 to the contract. 29. Add Bid Item No. 11-27: Crushed Stone Trench Backfill for 80 TN at $18.00 per TN. Add cost of $ 1,440.00 to the contract. 30. Reduce the quantity of Bid Item No. 111-16: Aggregate Base Course for the amount used from 15,000 TN to 7,260.144 TN. Deduct cost of $ 108,358.00 from contract. 31. Increase the quantity of Bid Item No. 111-23: PCC Driveways from 65 SY to 275 SY. Add cost of $ 7,980.00 to the contract. 32. Reduce the quantity of Bid Item No. 111-26: 18" RCP, Class III, Wall B for the amount used from 1,632 LF to 1,286 LF. Deduct cost of $ 10,034.00 from contract. 33. Increase the quantity of Bid Item No. 111-27: 24" RCP, Class 111, Wall B from 55 LF to 460 LF. Add cost of $ 18,427.50 to the contract. 34. Increase the quantity of Bid Item No. 111-28: 36" RCP, Class Ill, Wall B from 226 LF to 389 LF. Add cost of $ 11,247.00 to the contract. 35. Increase the quantity of Bid Item No. 111-29: 30" RCP, Class III, Wall B from 535 LF to 992 LF. Add cost of $ 31,533.00 to the contract. 36. Delete Bid Item No. 111-30: 48" RCP, Class Ill, Wall B. Deduct cost of $ 40,950.00 from contract. 37. Increase the quantity of Bid Item No. 111-31:18" RCP, Flared End Section from 4 EA to 9 EA. Add cost of $ 2,500.00 to the contract. 38. Delete Bid Item No. 111-32: 36" RCP, Flared End Section. Deduct cost of $ 2,790.00 from contract. 39. Reduce the quantity of Bid Item No. 111-33: Drop Inlet (Type C) 4' x 4' for the amount used from 19 EA to 13 EA. Deduct cost of $ 12,450.00 from contract. 40. Increase the quantity of Bid Item No. 111-48: Removal of Drop Inlets from 10 EA to 13 EA. Add cost of $ 1,050.00 to the contract. 41. Reduce the quantity of Bid Item No. 111-49: Removal of Storm Drainage Pipe for the amount used from 1,800 LF to 1,700 LF. Deduct cost of $ 1,000.00 from contract. 42. Delete Bid Item No. 111-56: New 6' Airport Security Chain Link Fence with Barbed Wire. Deduct cost of $ 31,450.00 from contract. 43. Increase the quantity of Bid Item No. 111-62: Relocate Fire Hydrant and Replace with New FH from 1 EA to 2 EA. Add cost of $ 750.00 to the contract. 44. Add Bid Item No. 111-64: 15" SDR 26 PVC Pipe for 420 LF at $32.00 per LF. Add cost of $ 13,440.00 to the contract. W:120081082153- HWY 71 RELOCATION TO DRAKE FIELD\CHANGE ORDERSIC-ORDER-1.DOC Page 1 45. Add Bid Item No. 111-65: Drop Inlet (Type C) 5' x 5' for 9 EA at $2,850.00 EA. Add cost of $ 25,650.00 to the contract. 46 Add Bid Item No. 111-66: Junction Box (Type ST) 5' x 5' for 2 EA at $2,850.00 EA. Add cost of $ 5,700.00 to the contract. 47. Add Bid Item No. 111-67: New 8' Airport Security Chain Link Fence with Barbed Wire and Creek Crossings for 1,050 LF at $21.50 per LF. Add cost of $ 22,575.00 to the contract. 48. Add Bid Item No. 111-68: 6" C900 PVC Water Lines at Fire Hydrant Relocations for 115 LF at $32.00 per LF. Add cost of $ 3,680.00 to the contract. 49. Add Bid Item No. 111-69: Fire Hydrant, Complete for 2 EA at $5,550.00 EA. Add cost of $ 11,100.00 to the contract. 50. Add Bid Item No. 111-70: 6" Gate Valve for 1 EA at $1,240.00 EA. Add cost of $ 1,240.00 to the contract. 51. Add Bid Item No. 111-71: 12" x 6" Stainless Steel Tapping Sleeve and Valve for 1 EA at $3,300.00 EA. Add cost of $ 3,300.00 to the contract. 52. Add Bid Item No. 111-72: 6" x 6" Stainless Steel Tapping Saddle with Valve for 1 EA at $2,900.00 E.A. Add cost of $ 2,900.00 to the contract. 53. Add Bid Item No. 111-73: Rip -Rap at Culvert Aprons for 275 SY at $45.00 per SY. Add cost of $ 12,375.00 to the contract. 54. Reduce the quantity of Bid Item No. IV -19: Drop Inlet (Type C) 4' x 4' for the amount used from 4 EA to 2 EA. Deduct cost of $ 4,150.00 from contract. 55. Reduce the quantity of Bid Item No. IV -27: Temporary Rock Check Dam. Adjust the bid quantity of 1,555 LF to 1,155 LF. Deduct cost of $ 12,000.00 from contract. 56. Reduce the quantity of Bid Item No. IV -28: Erosion Control Blanket for the amount used from 5,500 SY to 4,000 SY. Deduct cost of $ 8,175.00 from contract. 57. Delete Bid Item No. IV -31: New 6' Airport Security Chain Link Fence with Barbed Wire Deduct cost of $ 17,575.00 from contract. 58. Increase the quantity of Bid Item No. IV -37: Remove and Relocate Streetlights and Bases from 7 EA to 9 EA. Add cost of $ 3,930.00 to the contract. 59. Add Bid Item No. IV -38: New 8' Airport Security Chain Link Fence with Barbed Wire and Creek Crossing for 485 LF at $21.50 per LF. Add cost of $ 10,427.50 to the contract. 60. Add Bid Item No. IV -39: Drop Inlet (Type C) 5' x 5' for 2 EA at $2,850.00 EA. Add cost of $ 5,700.00 to the contract. Justification: 1. Items 1, 2, 3, 18, 19, 20, 30, 32, 39, 41, 54, 55, & 56, are reduction is quantity used to complete the items. 2. Items 31, 33, 34. 35, 37, 40, 43, & 58 are increase in quantities as required by AHTD. City after plan review after bidding. 3. Items 4, 5, 6, 36, 38, 43, & 57 are items that are not required due to changed field conditions or changed project requirements. 4. Items 7 thru 17, 21 thru 29, 44 thru 53, 59 & 60 are items added to replace the deleted items or additional items required by AHTD or City plan review after bidding CONTRACT PRICE prior to this Change Orders: $ 3,006.665.15 Decrease in Contract Price: $_0.00 Revised CONTRACT PRICE Including this Change Order: $_3,006,665.15 Final Completion Time Prior to This Change Order: 360 Calendar Days Net Time Change Resulting From This Change Order: 0 Calendar Days Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (loc o) by 0 calendar days. Approvals Required: To be effective this Order must be approved:brthOw r if ' hanges the scope or objective or the PROJECT, or as may otherwise be requred N AL CONDITIONS. Requested by: ���®� /y/ 5 Swee r C struction Co., Inc. Date Recommended by: - v lead Consulting Engineers, Inc. Date Approved by: ` / City offa tteville Date W:\20081082153- HWY 71 RELOCATION TO DRAKE FIELDICHANGE ORDERSIC-ORDER-1.DOC Page 2 CHANGE ORDER NO. I PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 August 12, 2010 MCE Project No. FY082153 Item U Description BID Unit Sweetser Construction BID REVISED Revised Bid Revised Change Extended Unit Price Extended Bid Qty. Unit Price SCHEDULE I (HWY 71 RELOCATION EARTHWORK & DRAINAGE CULVERTS) 1 Mobilization and Demobilization 1 LS $11,000.00 $11,000.00 1 $11,000.00 $11,000.00 $0.00 2 To soil Removal Plan Quantity) 12500 CY $1.50 518,750.00 12.500 $1.50 $18,750.00 $0.00 3 Unclassified Excavation (Plan Quantity) 2800 CY $5.00 514,000.00 2.800 $5.00 $14.000.00 $0.00 4 Embankment from Excavation (Plan Quantity) 4400 CY $5.00 $22.000.00 4.400 $5.00 $22.000.00 $0.00 5 Select Borrow Embankment Plan Quanti 14000 CY $6.50 $91,000.00 14.000 $6.50 $91.000.00 $0.00 6 To soil Replacement (Plan Quantity) 2800 CY $1.50 $4.200.00 2.800 $1.50 $4,200.00 $0.00 7 Underact and Embankment 8ackfill Field Measured 6500 CY $8.00 $52.01X).00 5.500 $8.00 $44.000.00 ($8.00000) 8 Soil Stabilization Fabric 13000 SY $1.55 $20.150.00 13.000 $1.55 $20.150.00 $0.00 9 Silt Fence 4275 LF $3.00 $12.825.00 4.275 53.00 $12.825.00 $0,00 10 Construction Entrances! Exit 2 EA $1.000.00 $2.000.00 2 $1.000.00 $2.00000 $0,00 11 TemporaryRock Check Dam 715 LF $30.00 $21,450.00 300 $30.00 $9,000.00 ($12,450.00) 12 Erosion Control Blanket 3000 SY $5.45 $16.350.00 3,000 $5.45 $16,350.00 $0.00 13 Double 6' x 6' Box Culvert (Complete) Inculdi Excavartion and Backfill) 1 EA $53,875.00 $53,875.00 1 $53,875.00 $53,875.00 $0.00 14 5 Barrel6' x 8' Box Culvert Com ete Inculdin Excavanion and Backfil] 1 EA $167.238.00 $167,238.00 1 $167,238.00 $167.238.00 $0.00 15 Mainienanced Driveways & Bailey Drive 1 LS $7,500.00 $7,500.00 1 57.500.00 $7.500.00 $0.00 16 Temporary Seeding, Fertilizer and Mulching 12 AC $1,750.00 $21,000.00 12 $1.750.00 $21.000.00 $0.00 17 Trench&ExcavationSafetySystem 1 IS $500.00 $500.00 1 $500.00 $500.00 $0.00 18 flewSanitarnSewerMarthole 7 EA $2.350.00 $16.450.00 7 $2.350.00 $16,450,00 $0.00 19 8" SDR 26 PVC Sewer Pipe 260 LF $30.00 $7.800.00 260 $30.00 $7,800.00 $0.00 20 10" SDR 26 PVC Sewer Pie 550 LF $32.00 $17.600.00 550 $32.00 $17.600.00 $0.00 21 Crushed Stone Trench Barktill 1100 TN $14.00 $15.400.00 1.100 $14.00 $15,400.00 $0.00 22 16" Bored or Excavated Encasement (North Gravity Sewer) 235 LF $225.00 $52.875.00 126 $225.00 $28,35000 ($24.525.00) 23 Third Party Insurance Covers RiderAmounl 1 LS $1.00 $1.00 1 $1.00 $1.00 $0.00 24 6" Water Line Relocation in Baile Drive 1 LS $14,500.00 $14,500.00 1.0 $14,500.00 $14,500.00 $0.00 25 12" PVC Class 200 Force Main 260 LF $36.00 $9,360.00 0 $36.00 $0.00 ($9,360.00) 26 Ductile Iron Fittings E Coated 1000 LB $12.50 $12,500.00 0 $12.50 $0.00 ($12,500.00) 27 24" Bored or Excavated Encasement (South Gravity Sewer) 118 LF $225.00 $26,550.00 118 $225.00 $26.550,00 $0.00 28 Connection of New 12Force Main to Existing 12" Force Main 1 LS $17,200.00 $17.200.00 0 $17.200.00 $0,00 ($17,200.00) 29 Removal of 6 Chainlink Fence 800 LF $2.00 $1.600.00 800 $2.00 $1,600.00 $0.00 30 Relocate 6' Chainlink Fence wlnew pools 640 LF $10,21 $6,534.40 640 $10.21 $6,534.40 $0.00 31 Relocate Sliding Gate and Double Gate 1 LS $1,375.00 $1,375.00 1 $1,375.00 $1.375.00 $0.00 32 Abandon Manhole 1 EA $400.00 $400.00 1 $400.00 $400.00 $00.00 33 Adjust Manhole Rim Elevation to Grade t EA $500,00 $500.00 1 $500O0 $500.00 $0.00 ($84.035.00) Additional Items 34 6" SDR 26 PVC Sewer Pipe LF 143 $32.00 $4,576.00 $4,576.00 35 Remove Existing Sewer Line LF 320 $10.50 $3,360.00 $3,360.00 36 24" Steel Split Encasement Force Main LF 170 $25000 $42,500.00 $42,500.00 37 12" Steel Split Encasement (Bailey Drive Water Line) LF 125 $225.00 $28,125.00 $28,125.00 38 12" Steel Excavated Encasement (Bailey Drive Sewer LF 112 $225.00 $25,200.00 $25,200.00 39 Remove Commercial Signs Su erSto EA 2 $600.00 $1,200.00 $1,200.00 40 Granular Backfill in Abandoned Cellar TN 225 $1800 $4,050.00 $4,050.00 41 Plug Ends of Abandoned Pipes EA 2 $1.000.00 $2.1X)0.00 $2,000.00 42 Flowable Fill CY 17 $100.00 $1,700.00 $1,700.00 43 Connect Existing Sewer EA 1 $450.00 $450.00 $450.00 44 Relocate Water Service at Super Stop LS 1 $600.00 $600.00 $600.00 SCHEDULE II (LANCASTER ROAD RELOCATION EARTHWORK & CULVERTS) I Mobilization and Demobilization 1 LS $3,500.00 $3,500.00 1 $3,500.00 $3,500.00 $000 2 Topsoil Removal (Plan Quantity) 3500 CY $1.50 $5,250.00 3,500 $1.50 $5,250.00 $0.00 3 Unclassified Excavation (Plan Quantity) 800 CY $5.00 $4,000.00 800 $5.00 $4,000.00 $0.00 4 Embankment from Excavation (Plan Quantity) 1400 CY $5.00 $7.000.00 1.400 $5.00 $7.000.00 $0.00 5 Select Borrow Embankment Plan Quantity) 3300 CY $6.50 $21.450.00 3.300 $6.50 $21.450.00 $0.00 6 Topsoil Re tacement Plan Quanti 1050 CY $1.50 $1.575.00 1.050 $1.50 $1.575.00 $0.00 7 Undercut and Embankment Backfill (Field Measured) 2000 CY $8.00 $16.000.00 1.000 $8.00 $8.000.00 ($8,000,00) 8 Soil Stabilization Fabric 5500 SY $1.55 $8,525.00 5,500 $1.55 $8,525.00 $000 9 Silt Fence 2545 LF $3.00 $7.635.00 2,545 53.00 $7.635.00 $000 10 Temporary RockCheckDams 975 LF $30.00 $29,250.00 575 $30.00 $17.250.00 ($12,000.00) 11 Construction Entrance! Exit 1 EA 51,000.00 $1.000.00 1 $1.000.00 $1.000.00 $0.00 12 Erosion Control Blanket 1900 SY $5.45 $10.355.00 900 $5.45 $4.905.00 ($5,450.001 13 Removal of 6 foot Chainlink Fence 750 LF $2.00 $1,500.00 750 52.00 $1,50000 $0.00 14 Relocate 6 ft Chainlink Fence with New Posts 815 LF $10.15 $8,272.25 815 $10.15 $8,272.25 $0.00 15 Relocate Double Gate 1 LS $725.00 $725.00 1 $725.00 $725.00 $0.00 16 5 Barrel 8' x 6' Box Culvert (Complete) 1 A $97,555.00 $97,555.00 1 597,555.00 $97.555.00 $0.00 17 Temporary Seeding, Fertilizer and Mulching 5 AC $1,750.00 $8,750,00 5 $1.750.00 $8.750.00 $0.00 J'.I20DS0521271Cbange Ord. No I x .a, Page 1 CHANGE ORDER NO. 1 PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 August 12, 2010 MCE Project No. FY082153 33 Drop Inlet Type C14' x4' 19 EA $2.075.00 $39.425.00 13 $2,075.00 $26.975.00 (812,450.00) 34 4' Drop Inlet Extension 7 EA $500.00 $3,500.00 7 $500,00 83.50000 $0.00 35 8' Drop Inlet Extension 2 EA $1,00000 $2,000.00 2 $1,000.00 $2.000.00 $0.00 36 Modification to Existing Drop Inlets 3 EA $500.00 $1,500.00 3 $500.00 $1,500.00 $0.00 37 Junction Box (Type ST) 4 x 4' 2 EA $2,375.00 $4.750.00 2 82.375,00 84.750.00 $0.00 38 4'Thermo lasticStriin White 1650 LF $0.95 $1.567.50 1.650 $0.95 $1.567.50 $0.00 39 4"Thermoplastic Striping Yellow 1650 LF $0.95 $1,567.50 1,650 $0.95 $1,567.50 $0.00 J:n2ooxnc5212inchange Order No 1 o .oI o Paget CHANGE ORDER NO. 1 PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 August 12, 2010 MCE Project No. FY082153 Item # Description BID . Unit Sweetser Construction BID REVISED Revised Bid Revised Extended Change Unit Price Extended Bid Oty. Unit Price 55 Removal of 6' Airport Chain Link Fence •Q 500 LF $2.00 $1,000.00 500 $2.00 $1,000.00 $0.00 56 New 6' Airport Security Chain Link Fence with Barbed Wire 1700 LF $18.50 $31,450.00 0 $18.50 $0.00 ($31,450.00) 57 Trench & Excavation Safety System 1 LS $0.00 0 $0.00 $0.00 $0.00 58 Asphalt Milling At Connections 800 SY $5.30 $4,240.00 800 $5.30 $4,240.00 $0.00 59 Asphalt Removal within Su erelevation Sections, as required 750 SY $1.85 $1,387.50 750 $1.85 $1,387.50 $000 60 Prime Coat 5600 Gal $3.80 $21,280.00 5,600 $3.80 $21,280.00 $0.00 61 Tack Coat 3500 Gal $2.20 $7,700.00 3,500 $2.20 $7,701300 $0.00 62 Relocate Fire Hydrant and Replace with New FH 1 EA $750.00 $750.00 2 $750.00 $1,50000 $75000 63 Traffic Signs W1-5 2 EA $350.00 $700.00 2 $350.00 $700.00 $0.00 Additional Items 64 15" PVC (Drain from Standard Register) LF 420 $32.00 $13,440.00 $13,440,00 65 Drop Inlet (Type C) 5' x 5' EA 9 $2,850.00 $25,650.00 $25.650.00 66 Junction Box (Type ST) 5' x 5' EA 2 $2,850.00 $5,700.00 $5,700.00 67 New 8' Airport Security Chain Link Fence with Barbed Wire and Creek Cross "r,,,,,,,,,,,, LF 1,050 $21.50 $22,575.00 $22,575.00 68 6" C900 PVC Water Lines at Fire Hydrant Relocations LF 115 $32.00 $3.680.00 $3,680.00 69 Fire Hydrant. complete EA 2 $5,55000 $11.100.00 $11,100.00 70 6" Gate Valve EA 1 $1,240.00 $1,240.00 $1,240.00 71 12" x 6" Stainless Steel Tapping Sleeve And Valve EA 1 $3,300.00 $3,300.00 $3,300,00 72 6" x 6" Stainless Steel Tapping Saddle With Valve EA 1 $2,900.00 $2,900.00 $2,900.00 73 Rio-Rai)at Culvertruns SY 275 $45.00 $12.375.00 $12,375.00 SCHEDULE IV (LANCASTER DRIVE CURB & GUTTER, BASE, PAVING & STORM DRAINAGE) 1 Mobilization and Demobilization 1 IS $4,80000 $4,800.00 1 $4,800,00 $4.800.00 $0.00 2 Topsoil Removal (Plan Quant 220 CY $1.50 $330.00 220 $1,50 $330.00 $0.00 3 Unclassified Excavation Plan Quantity) 150 CY $500 $750.00 150 $5.00 $750.00 $0.00 4 Embankment from Excavation (Plan Quantity) 100 CY $5.00 $500.00 100 $5.00 $500.00 $00.00 5 Select Borrow Embankment (Plan Quantity) 350 CY $650 $2,27500 350 $6.50 $2,275.00 $0.00 6 Topsoil Replacement (Plan Quantity) 650 CY $1.50 $97500 650 $1.50 $975.00 $0.00 7 Undercut and Embankment Backfill Field Measured) 1000 CY $8.00 $8,000,00 1,000 $8.00 $8,000.00 $0.00 8 Soil Stabilization Fabric 1200 SY $1.55 $1,86000 1,200 $1.55 $1,860.00 $0.00 9 Silt Fence 550 LF $3.00 $1,650.00 550 $3.00 $1,650.00 $0.00 10 Aggregate Base Course (Class 7) 1900 TN $14.00 $26,600,00 1,900 $14.00 $26,600.00 $0.00 11 4" Asphalt Binder 1" PG 70-22 880 TN $57.60 $50,688.00 880 $57.60 $50,688.00 $0.00 12 2" Asphalt Surface 112" PG 70-22 500 TN $77.40 $38.70000 500 $77.40 $38.700.00 $0.00 13 Concrete Curb & Gutter (Type A 1470 LF $8,00 $11,76000 1,470 $8.00 $11.760.00 $000 14 Concrete Sidewalk 810 SY $28.00 $22,680.00 810 $28.00 $22,660.00 $000 15 HC Ramps AHTD, Type 111 16 SY $230.00 $3,680.00 16 $230.00 $3.680.00 $000 16 18" RCP. Class Ill. Wall B 185 LF $29.00 $5.365.00 185 $29.00 $5,365.00 $000 17 36" RCP, Class Ill, Wall B 65 LF $445.50 $2,957.50 65 $45.50 $2,957.50 $000 18 36" RCP, Flared End Section 2 EA $1.395.00 $2.790.00 2 $1.395.00 $2,790.00 $000 19 Drop Inlet (Type C) 4' x 4' 4 EA $2.075-00 $8.300.00 2 $2.075.00 $4.150.00 ($4,150.00) 20 Solid Sodding 1000 SY $3.25 $3,250.00 1,000 $3.25 $3,250.00 50.00 21 Seeding, Fertilizer& Mulch 12 AC $1,750.00 $21,000.00 12 $1,750.00 $21,000.00 $0.00 22 Channel Realignment 1 LS $36,662.50 $36.662.50 1 $36,662.50 $36,662.50 $0.00 23 Silt Fence Maintenance 2545 LF $1.00 $2.545.00 2,545 $1.00 $2,545.00 $0.00 24 Construction Entrance / Exit 1 EA $1.000.00 $1.000.00 1 $1.000.00 $1,000.00 $0.00 25 Block Aggregate Filter 60 LF $6.50 $39000 60 $6.50 $390.00 $0.00 26 Curb Inlet Sediment Barrier 4 EA $80.00 $320.00 4 $80.00 $320.00 $0.00 27 TemporaryRock Check Dam 1555 LF $30.00 $46.650.00 1,155 $30.00 $34,650.00 ($12,000.00) 28 Erosion Control Blanket 5500 SY $5.45 $29.975.00 4,000 $5.45 $21.800.00 ($8,175.00) 29 Trench & Excavation Safety System 1 LS $500.00 $500.00 1 $500.00 $500.00 $0.00 30 Removal of 6' Airport Chain Link Fence 550 LF $2.00 $1.100.00 550 $2.00 $1.100.00 $0.00 31 New 6' Airport Security Chain Link Fence with Barbed Wire 950 LF $18.50 $17,575.00 0 $18.50 $0.00 ($17,575.00) 32 Double Leaf Gate 12 it 1 EA $1,942.00 $1,942.00 1 $1,942.00 $1,942.00 $000 33 Removal of Asphalt Pavement & Base (3020 SY 1 LS $7,500.00 $7,500.00 1 $7,500.00 $7,500.00 $000 34 As halt Milling 150 SY $12.50 $1,875.00 150 $12.50 $1,875.00 $0.00 35 Prime Coat 1050 Gal $3.80 $3,990.00 1,050 $3.80 $3,990.00 $0.00 36 Tack Coat 650 Gal $2.20 $1,430.00 650 $2.20 $1,430.00 $0.00 37 Remove and Relocate Streetlights and Bases 7 EA $1,965.00 $13.755.00 9 $1,965.00 $17,685.00 $3,930.00 1537.970.00) Additional Items 38 and Creek Crossin s LF 485 $21.50 $10,427.50 $10,427.50 40 _New8'AirportSecurityChainLinkFencewithBnrbedWire DroInlet 7 e C 5' x 5' EA 2 $2,850.00 $5.700.00 $5,700.00 TOTAL BID $3,006,665.15 Change Order 1 Price $3,006,665.15 $0.00 J:12005105212nchan5n one in I xry .cis, Page 3 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department $ _ $ 393,915.00 Correct Runway 16 RSA Cost of this request Category / Project Budget Program Category / Project Name 5550.3960.7820.38 $ (118,657.00) Airport Capital Exp Account Number Funds Used to Date Program I Project Category Name 07039 3 $ 512,572.00 Airport Project Number Remaining Balance Fund Name Budgeted Item IX Budget Adjustment Attached 0 Date Date Fin ce and internal Services Director Date Date Da e Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 04-07-1 1 P0454 RCVD Received in City Clerk's Office Received in Mayor's Office ;omments: This Change Order results in $0.00 net change to the contract price. Revised January 15, 2009 City Council Meeting of N/A Agenda Item Number: AVIATION DIVISION ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT - DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: THRU: THRU: THRU: FROM: DATE: Mayor Jordan Chief of Staff Staff/Contract Review Committee Terry Gully, Transt Ray M. Boudreaux, April 6, 2009 SUBJECT: Review and Approve Change Order #3 for the RSA 16 Improvement Project. Signature of the Mayor. RECOMMENDATION: Review and Approve Change Order #3 with McClelland Consulting Engineers and forward to the Mayor for Signature. This is a no cost change order. BACKGROUND: This is a no cost Change Order to more accurately align costs associated with the Runway Safety Area 16 Improvement Project. A reconciliation change order will be provided when all work is completed and retainage is paid out. BUDGET IMPACT: There is no budget impact. Attachments: Staff Review Change Order #3 (3 copies) 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING - FAYETTEVILLE AR 72701 479.718.7642 -479.718.7646 FAX • www.accessfayetteville.org/govemment/aviabon airport_economic development@ci.fayeleville.ar.us MCEMcCLELLAND CONSULTING DESIGNED TO SERVE ENGINEERS, INC. April 4, 2011 Mr. Ray Boudreaux Airport Manager, Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 RE: Runway 16 Safety Area Improvements Fayetteville Executive Airport AIP 3-05-0020-038-2009 Dear Mr. Boudreaux: 1810 N. College Avenue P.O. Box 1229 Fayetteville, Arkansas 72703 / 72702-1229 PHONE: 479-443-2377 FAX: 479-443-9241 N - Enclosed please find three (3) copies of Change Order No.3 from Sweeter Construction, Inc. for approval by the City. Please return one (1) signed copy to the Contractor and to our office. If there are any questions regarding this project, please contact us. Sincerely, McCLELLA D CONSL ayne J es E. Vice Presi ent ING ENGINEERS, INC. Enclosures: Change Order No. 3 (3 copies) J:\2008\082153- Hwy 71 Relocation to Drake Field\Correspondence�bourdreaux 040411.doc Order No. 3 Date: March 29, 2011 Agreement Date: June 16, 2009 NAME OF PROJECT: Runway 16 Safety Area Improvements (AlP Proi. No. 3-05-0020-38-2009) OWNER: City of Fayetteville (Airport De artmertt CONTRACTOR: Sweetser Construction Co.. Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Decrease the quantity of Bid Item No. 111-17: 4" Asphalt Binder to the amount used from 5000 TNs to 4325.26 TNs Deduct cost of $ 53,776.99 from the contract. 2. Adjust the quantity and the unit price for Bid Item No. 111-74: Special Fence and Traffic Barrier for Paschal property from 200 LF to 150 LF and the unit price from $35.00 to $45.00 per LF. Add cost of $ 251.00 to the contract. 3. Add Bid Item No. 111-76: Remove Drainage Grates either side of Existing Box Culvert for 2 EA at $750.00 per EA. Add cost of $ 1,500.00 to the contract 4. Add Bid Item No. 111-77: Remove Grate Inlet Openings and Install Slab over Existing Box Culvert for 1 EA at $3600.00 per EA. Add cost of $ 3,600.00 to the contract 5. Add Bid Item No. 111-78: New 8 Ft by 20 Ft. Double Gate North of Old Fire Station for 1 EA at $3,560.00 per EA. Add cost of $ 3,560.00 to the contract. 6. Add Bid Item No. 111-79: Single 8 Ft. by 12 Ft. Wide Gate South of Old Fire Station for 1 EA at $1450.00 per EA. Add cost of $ 1,450.00 to the contract. 7. Add Bid Item No. 111-80: Single 8 Ft. by 4 Ft Wide Gates between Old Fire Station and The Air Museum for 2 EA at $750.00 per EA. Add cost of $ 3,000.00 to the contract. 8. Add Bid Item No. 111-81: Adjust Existing Junction Box to Grade for Standard Register Drain Line for 1 EA at $3,000.00 per EA. Add cost of $ 3,000.00 to the contract. 9. Add Bid Item No. 111-82: Adjust Existing Electrical Vault to Grade Backfill for I EA at $6,000.00 per EA. Add cost of $ 6,000.00 to the contract. 10. Add Bid Item No. 111-83: Adjust Existing Electrical Junction Box to Grade for 1 EA at $3,000.00 per EA. Add cost of $ 3,000.00 to the contract. 11. Add Bid Item No. 111-84: Remove Ribbon Curb at Bailey Drive and Replace with Asphalt for I LS at $4,500.00 per LS. Add cost of $ 4,500.00 to the contract 12. Add Bid Item No. 111-85: Additional Topsoil for Bottom of Chain Link Fence for 600 CV at $3.50 per CY. Add cost of $ 2,100.00 to the contract 13. Add Bid Item No. 111-86: Repair of Storm Drain Line (at Standard Register Building by Dunk Fire & Sec. Co.) for 1 LS at $2,316.00 per LS. Add cost of $ 2,316.00 to the contract. 14. Add Bid Item No. 111-87: Remove Ribbon Curb at Short Street and Replace with Asphalt for 1 LS at $4,500.00 per LS. Add cost of $ 4,500.00 to the contract. 15. Adjust the unit price for Bid Item No. IV 48 for $2,600 to $1,050 per EA and increase the quantity from 2 EA to 4 EA. Deduct cost of $ 1,000.00 from the contract. 16. Add Bid Item No. IV -49: New Cantilever Rolling Gate 8 Ft. by 26 Ft. with New Controller 1 EA at $16,000.00 per EA. Add cost of $ 16,000.00 to the contract. 17. Add 60 Calendar Days to the Contract time for the installation of the additional fencing and gates. J:\2008',082153- HWY 71 RELOCATION TO DRAKE FIELDICHANGE ORDERSICHANGE ORDER 3.DOC Page 1 Justification: 1. Item 1 is a reduction in quantity used to complete the item. 2. Items 3 through 14 are items that are added for changed field conditions or changed project requirements. 3. Items 2 & 15 are changes in quantities and prices as negotiated. 4. Item 16 is an item added to replace the gate and controller to the East Side Apron Complex. 5. Item 17 is added Contract Time for the added fencing and gates. CONTRACT PRICE prior to this Change Orders: Increase in Contract Price: Revised CONTRACT PRICE Including this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (dec d) by 60 calendar days. $_3,085,100.05 $_0.00 $_3,085,100.05 405 Calendar Days 60 Calendar Days Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by tbye GENERAL CONDITIONS. Requested by: ft14eetser Constructi¢h Co., Inc. E Recommended by: 2 4 1 c Iellan on ting Engineers, Inc. Date Approved by: f Fayetteville D to J:1200 810821 5 3- HWY 71 RELOCATION TO DRAKE FIELDICHANGE ORDERS%CHANGE ORDER 3.DOC Page 2 CHANGE ORDER NO.3 PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05.0020-038-2009 March 29, 2011 MCE Project No. FY082153 Item # BID Description Qty. UNIT Sweetser Constnrction Change Order 180 2 Change Order No 3 REVISED Revised Bid Revised Extended Change REVISED Bid Qty. Revised Bid Revised Extended Change Bid Qty. Unit Price Unit Price SCHEDULE I (HWY 71 RELOCATION EARTHWORK & DRAINAGE CULVERTS) 1 Mobilization and Demobilization 1 LSE400 111 000.00 $11 1766.00 $0.00 1 $11 OO0.00 $11000.00 2 To soil Removal (Plan Quantity) 12590 CY $1.50 $18 750.00 $0.00 12 500 $1.50 $18,750.00 $0.00 3 Unclassified Excavation (Plan Quanta 2800 CY $5.00 $14,000.00 19.90 2,800 $5.00 $14,000.00 $0.00 4 Embankment from Excavation (Plan Quardi 4400 CY $5.00 $22 000.00 $0.00 4 400 $5.00 $22 000.00 $0,00 5 Select Borrow Embankment Plan Quant 14000 CY $6.50 $91000,00 $0.00 14000 $6.50 $91000.00 $0.00 6 To soilR lacement PlanQuanti 2800 CY $1.50 $4,200.00 $000 2,800 $1.50 $4,200.007' Undercut and EmbankmentBack811 FieldMeasured 6500 CY $8.00 $41064.00 $10936.00 5133.00 $8.00 $41,064.008 SoilStabitizationFabric 13000 SY $1.55 $19752.29 5397.71 12743 $1.55 $19752.29 $0.00 9 Silt Fence 4275 LF 5 446 $3.06 $16 338.00 $3,513.00 5.446 $3.00 $16,338.00 $0.00 10 Construction Entrances! Exit 2 EA 2 $1,000.00 $2,000.00 $0.00 2 $1000.00 $2,000.00 $0.00 11' TemporaryRock Check Dam 715 LF 122 $30.06 $3 ($17,790,00i 790,00 122 $30.00 $3660.00 $G.UD 12 Erosion Control Blanket 3000 SY 1,898 $5.45 $10 344.10 $6005.90 ,j,,0A $5.45 $10,344.10 $0.00 13 Double 6'x B' Box Culvert Com lets tlnculdin Excavarlon and Backfill) 1 EA 1 $53,875.00 $53,875.06 $0.00 1 $53 875.00 $53875.00 110.91) 14 5 Barrel 6' x 8' Box Culvert (Complete) Inculdin Excavartion and Backfill 1 EA 1 $167,238.00 $167 236.00 $0.00 1 $167 238.00 $167238,00 $0,00 15 Maintenanced Driveways & Bailey Drive 1 15 1 $7,500.00 $7 500.00 $0.00 1 $7 500.00 $7,500.00 $0.00 16 TemporaryTern.poratySeadino. FertilicerandMulchina 12 AC 10 $1750.00 $17,500.00 $3,500.00 10 11750.00 $17500.00 17 Trench & Excavation Safety stem 1 LS 1 $500.00 5500.00 $0.00 1 $500.00 $500.00 $0.00 18 Now sanitary Sewer Manhole 7 EA 10 $2,350.00 $23500,00 $7050.00 10 $2350.00 $23500.00 $0.00 19 a"8"SDR28PVCSewerPipe 260 4F 390 $30.00 $11 700.00 $3,900.00 390 $30.00 $11,700.00 $0.00 20 10'SDR26PVCSewerPipe 550 LF 570 $32.00 $18 240.00 $640.00 570 $32.00 $18,240.O9 $0.00 21" Crushed Stone Trench Backfill 1100 TN 1041 $14.00 $14 575.16 624.82 7 041.08 $14.00 $14 575.18 $0.00 22" 16" Bored or Excavated Encasement (North Gravity Sewer 235 LF 120 $225.00 $27 000.00 25,875.00 120 $225.011 $27,009.00 $0.00 23 Third Party Insurance Coveraa Rider Amount f 1$ 1 $1.00 $1.00 $0.00 1 $1,90 $1.00 $0.00 24' 6" Water tine Relocation in Sailer Drive 1 LS 0 $14.500.00 $0.00 ($14,509.09' 0 $14500.00 $0.00 $0.00 25" 12" PVC Class200 Force Main 260 LF 0 $36.00 $0.00 $9,360.00 0 $36.00 $0.00 $6.00 26" Ductile Iron Fillings (Epoxy Coat 1000 L$ 0 $12.50 $0.00 ($02,500.00' 0 $12.50 $0.00 $0.00 *27'" 24" Bored or Excavated Encasement (South Gravity Sewer) 118 LF 0 $225.00 $0.00 ($26,550.00' 0 $225.110 $0.00 $0.00 28" Connection of New 12" Force Main to Existing 12" Force Main 1 LS 0 $17,200.00 $0.00 ($17,200.00) 0 $17 200.00 $0.00 $0.00 29 Removal of 6' Chainlink Fence 800 LF 880 $2.00 $1,760.00 $160.00 880 $2.00 $1,760.00 $0.00 30 Relocate 6' Chainlink Fence wlnew p0515 640 LF 838 $10.21 $6,555.98 $2021,58 838 $10.21 $B 555.98 $0.00 31 Relocate Sliding Gate and Double Gate 1 IS I $1,375.00 $1,375.00 $0.00 1 $1 375.00 $1,375.00 $0.00 32 Abandon Manhole 1 EA I $400.00 $400.00 $0.00 1 $400.00 $400.00 $0.00 33 Minuet Manhole Rim Elevation to Grade 1 EA 1 $500.00 $500.00 $0,00 1 $500.00 $500.00 $0.00 34" 6"SDR 28 PVC Sewer Pie LF 143 $32.00 $4,575.00 $4,576.00 143 $32.00 $4,576.00 $0.00 35" Remove Existing Sewer Line LF 320 $10.50 $3,360.00 $3360.00 320 $10.50 $3360.00 $0.00 36' 24" Steel $9111 Encasement (Force Main) LF 160 $250.00 $40,000.00 $40,000.00 160 $250.00 $40 000.00 $0.00 37" 12" Steel Spill Encasement (Bailey Drive Water Line LF 125 $225.00 $28,125.00 $28,125.00 125 $225.00 $28.125.00 $0.00 38" 12" Steel Excavated Encasement (Bailer Drive Sewer) LF 112 $225.00 $25,200.00 $25,200.00 112 $225.00 $25,200.00 $0.170 39' Remove Commercial Signs Su erStu EA 2 $600.00 $1,200.00 $1,200.00 2 $600.00 $1 200.00 $0.00 40" Granular Backfill in Abandoned Se ticTank TN 133 $16.00 $2,366.00 $2,386.80 132.60 $18.00 $2,386.80 $0.170 41" PluS Ends of Abandoned Pipes EA 2 $1000.00 $2,000.00 $2,000.00 2 $1 000.00 $2,000.00 $0.00 42' Plowable Fill CY 17 $106.00 $1700.00 $1,700.00 17 $100.00 $1 700.00 $0.00 43" Connect Existing Sewer EA I $450.00 $450.00 $450.00 9 $450.00 $450.00 $0.00 44" Relocate Water Service at Suer Stop LS 1 $603.00 $600.00 $860.00 1 $600.00 $600.00 $0A0 SCHEDULE II (LANCASTER ROAD RELOCATION EARTHWORK & CULVERTS) $717,926.35 $717,926.35 1 Mobilization and Demobilization 1 LS 1 $3,500.00 $3,500.00 $0.00 1 $3,503.00 $3,500.00 $0.00 2 To soil Removal (Plan Quantity) 3500 CY 3.500 $1.50 $5,250.00 $0.00 3.500 $1.50 $5,250.00 $0.00 3 Unclassified Excavation (Plan Quantity) 800 CY 800 $5.00 $4,000.00 $0.00 600 $5.00 $4000.00 $0.00 4 Embankment from Excavation (Plan Quantity) 1400 CY Q,,, $5.00 $7,000.00 $0.00 J,90 $5.00 $7,000.00 $0.00 5 Select Borrow Embankment Plan Quantity) 3300 CY ,j 3 300 $6.50 $21 450.00 $0.00 3 300 $8.50 $21,450.00 $0.00 6 Topsoil Re lacemenl Plan Quantity) 1050 CY 1 050 $1.50 $1,575.00 $0.00 ,,,JQ,,,,, $1.50 $1,575.00 10.00 "7"" Undercut and Embankment Backfill (Field Measured) 2000 CY 111 $8.00 $888.80 $15.11 1.201 111.10 $8.00 $888.89 $0,00 8 Soil Stabilization Fabric 5500 SY 5 500 $1.55 38,525.00 $0.00 5 61)0.00 $1.55 $8,525.00 $0.00 9 Silt Fence 2545 LF 1 302 $3.00 $3,906.00 ($3,729.00' 1 302 $3.00 $3,0OO.00 $0.00 "10"" Temporary Rock Check Dams 975 LF 99 $30.00 $2,970.00 (526,260.00' 99 $30.00 $2,070.00 $0.00 11 Construction EntranceIExit 1 EA 1 $1000.00 11000.00 $0,00 1 $1,000.00 $1,000.00 $9.00 12" Erosion Control Blanket 1900 $Y 900 $5.45 $4,905.00 ($5,450.00' 900 $5.45 $4,905.00 $9A0 13 Removal of 6 foot Chainlink Fence 750 LF 567 $2.00 $1,134.00 (3386.001 567 $2.00 $1,134.00 $0,00 14 Relocate 6 ft Chainlink Fence wilh New Posts 815 LF 575 $10.15 $5836.25 ($2,4$3.$0' 575 $10.15 $5836.25 $9.00 15 Relocate Double Gate (New 12 Double 8 Ft Gate) 1 LS 0 $725.00 $0.00 ($725.00) 0 $725.00 $0.00 $0.00 16 5 Barrel Bo0' 6' Box Culvert (Complete) 1 EA 1 $97,555.00 $97555.00 $0.00 1 $97,555.00 $97,555.00 $0.00 17 Temporary Seeding, Fertilizer and Mulching 5 AC 5 $1750.00 $8759.00 $0.00 5 $1750.00 $8750.00 $0A0 18 Trench & Excavation Safety System 1 LS 1 $500.00 $500.00 $0.00 1 $500.00 $500.00 $0.00 19" 8" 0900 PVC Water lines at Scurlock LF 260.5 $45.00 $11,722.50 $11,722.00 260.5 $45.00 $11,722.50 $0.00 20' 8" Bends EA 4 $300.00 $1,200.00 $1,200.00 4 $300.00 $1,200.00 $000 21' Cut and Ca Falistin Waterline EA 2 $500.00 $1000.00 $1,000.00 2 $500.00 $1,000.00 $0.00 22" 8" Tap Assembly EA 2 $4,018.00 $8,036.00 $6,030.00 2 $4.018.00 $8,036.00 $0.00 23' 16" Bored or Excavated Encasement (Water) LF 60 $225.00 $13500.00 $13,500.00 60 $225.00 $13500.00 $0.00 24' Testin EA 1 $500.00 $500.00 $500.00 1 $500.00 $500.00 $0.00 25" Rip-RapRip-Rap at Culvert Aprons SY 175 $45.00 $7,875.00 $7875.00 175.00 145.00 $7,875.00 $0.00 26' Reinforced Concrete Slab over Electrical Vault EA 1 $3,000.00 $3,000.00 $3,000.00 1 $3,000.00 $3,000.09 $0.00 27' Crushed StonaTrench Backfill TN 91 $18.00 $1638.00 $1,638.00 91.00 $18.00 $1,636.00 $0.00 $227,216.55 S22r,L16A5 J:\2008\082153- Hwy 71 Relocation to Drake FieldlChange 0rdersl\Change Order No -3 3-28-11.xlsx Page 3 CHANGE ORDER NO.3 PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AlP Project 3.05-0020-038-2009 March 29, 2011 MCE Project No. FY082153 Item # BID Description Qty. UNIT Sweetser Construction Change Order No 2 Change Order No 3 REVISED Revised Bid Revised Extended Change j REVISED J, Bid Qty. Revised Bid Revised Extended Change Bid Qty. Unit Price Unit Price SCHEDULE III (HWY 71 RELOCATION CURB & GUTTER, BASE PAVING & STORM DRAINAGE I Mobilization and Demobilization I LS 1 $20,500.00 $20,500.00 $0.00 1 $20 500.00 $20 500.00 $0.00 2 Maintenance of Traffree 1 LS 1 $26,000.00 $28,000.00 $0.00 1 $28,000.00 $28,000.00 $0.00 3 Topsoil Removal (Plan Quantity) 500 CY 500 $1.50 $750.00 $0.00 500 $1.50 $750.00 $0.00 4 Undassified Excavation (Plan QuanOlyl 100 CY 100 $5.00 $500.00 $0.00 100 55.00 $500.00 $0.00 5 Embankment from Excavation (Plan Quanti 200 CY 200 $5.00 $1,000.00 $0.00 20D $5.00 $1,000.00 $0.00 6 Select Borrow Embankment (Plan Quan' 800 CY 800 $6.50 $5,200.00 $0.00 801) $6.50 $5.200.00 $0.00 7 Topsoil Replacement (Plan Quanli 450 CY 450 $1.50 $675.00 $0.00 450 $1.50 $675.00 $0.00 8"" Undercut and Embankment Backfill (Field Measured 2200 CY 0 $0.00 $0.00 ($17,800,001 D $8.01) $0.00 $0.00 9 Soil Stabilization Fabric 2800 SY 0 $1.55 $0.00 (84,340,001 0 $1.55 $0.00 $0.00 10 Silt Fence Maintenance and New 4275 LF 3,400 $3.00 $10,200.00 (52,625.001 3 400 $3.00 $10,200.00 $0.00 11 Construction Entrance l Exit I FA 1 $1000.00 $1,000.00 $0.00 1 $1,000.00 $1,000.00 $0.00 12 Temporary Rock Check Dams Maintenance 1 LS 1 $1000.00 $1,000.00 $0.00 1 $1,000.00 $1000.00 $0.00 13 Erosion Control Blanket Boo SY 3 240 $5.45 $17,658.00 $13,298.00 _$,7p_,,, $5.45 $17,656,00 $0.00 14 Block and ate Filters 580 LF 0 $6.50 $0.00 ($4,420,001 0 $6.50 $0.00 $0.00 15 Curb InletSediment Barrier 16 EA 0 $80.00 $0.00 (51,280.001 0 $80.00 $0.00 $0.00 16* A re ate Base Course Class 15000 TN 7244 $14.00 $101,416.00 ($100,504,001 7,244.00 $14.00 $101416.00 $0.00 17** 4" As halt Binder f" PG 70.22 5000 TN 4,000.00 $58.70 $234,800.00 ($56,700,001 4 000.00 $58,70 5234 800,00 $0.00 17a^ Binder As haft Cement Price Adjustment er Addendum, M 2010 TN 184.00 $475.00 $17 940.00 $17,940.00 184.00 $475.00 $17,940.00 $0.00 17b** Binder Asphalt Cement PriceAdjustment er Addendum Ju 2010 TN 0.00 $447.60 $0.00 $0.00 0.00 $485.00 $0.00 $0.00 170"` Binder Asphalt Cement Price Adjustment er Addendum 5e t 2010 TN 0.00 $447.50 $0.00 $0.00 0.00 $462.50 $0,00 $0.00 17c"" Binder Asphalt Cement Price Adjustment er Addendum, Oct 2010 TN 0.00 $447.50 $0.00 $0,00 0.00 $447.50 $0.00 $0.00 18** 4" As halt Surface (1/2") PG 70-22 (Placed in Two Lifts 5000 TN 5 000.00 $79.711 $398500.00 $0.00 4,325.26 $79.70 $044,723.01 ($53,776.99) 188" Surface A$ halt Cement Price Ad'usbnen! rAddendum, July 2010) TN 115.00 $475.00 $11,212.50 $11212.50 104.30 $485.00 $11212.50 ($0.00) 18b" Surface Asphalt Cement Price Adjustment (per Addendum Oct. 2010) TN 115.00 $447.50 $8,050.00 $8 050.00 115.00 $447.50 $8,050.00 $0.00 19 Concrete Curb & Gutter e A) 6120 LF 6 611 $8.00 $52888.00 $3,928.00 6.611 $8.00 $82,886.00 $0.00 20 Concrete Curb & Gutter a E-1 328 LF 172 $8.00 $1,376.00 $1 248.00 172 $8.00 51,376,00 $0.00 21 Concrete Sidewalk 3460 SY 3400 $28.00 $95,200.00 $18$$,00 3400.00 $28.00 $95,200.00 $0.00 22 HC Ram sAHTD Type lit 65 SY 22 $230.00 $5066.00 $9890.00 22.0 $230.00 $5060.00 $0.00 23* FCC Driveways 65 SY 240.00 538.00 $9,120.00 $6650.00 240.00 $38.00 $8120.00 $0.00 24"" Asphalt Surface Course for Driveways 240 TN 450 $85.10 $38,295.00 $17871,00 450.00 $85.10 $38,295.00 $0.00 24a** Surface As halt Cement PriceAdjustment er Addendum Oct, 2010 TN 0.00 $447.50 $0.00 $0.00 0.00 $447.50 $0.00 $0.00 25 AregateBaneforDnivewa s 450 TN 450.00 $14.00 $6,300.00 $0.00 450.00 $14.00 $6300.00 $0.00 26* 18" RCP Class Ill. Wall B 1632 LF 1 275 $29.00 '$36 975.00 10353,00 1 275.0 $29.00 $36 975.00 $0.00 27* 24" RCP Class lit, Wait a 55 LF 395 $45.50 $17972.50 $15,470.00 395 $45.50 $17,972.50 $0.00 28* 36" RCP Class III Wall B 226 LF 389 $69.00 $2695100 $11,247.06 389 $69.00 $26841.00 $0.00 29* 30" RCP Class III, Walt B 535 LF 991 $69.00 $68,379.00 $31464.00 991 $69.00 $68 379.00 $0.00 30* 48" RCP, Class Ill Wall B 390 LF 0 $105,00 ($40,950.00' 0 $105.00 $0.00 $0.00 31* 18" RCP, Flared End Section 4 EA 9 $500.00 $4 500.00 $2,500.00 9 $500.00 $4,500.00 $0.00 32* 36" RCP Flared End Section 2 EA 0 $1,398.00 $0,00 32 790.00 0 $1,395.00 $0.00 $0.00 33* Drop Inlet e C) 4'v4' 19 EA 13 $2 075,00 $26 975.00 ($12,450.00' 13 $2,075.00 $26,975.00 $0.00 34 4' Drop Inlet Extension 7 EA 13 $500.00 $6,566.00 33,000.00 13 $500.00 $6,500.00 $0.00 35 8' Drop Inlet Extension 2 EA 4 $1,000.00 $4 000.00 52,000.00 4 $1,050.00 $4,000.00 36 Modification to Existing Drop Inlets 3 EA 3 $500.00 $1 500.00 $0.00 3 $500.00 $1,500.00 $0.00 37 Junction Box IType S 4' 1r4' 2 EA 2 $2 375,00 $4 750.00 $0.00 2 $2,375.00 $4,750.00 $0.00 38 4" Themro laslic Slrtping White 1650 LF 1650 $0.95 $1 567.50 $0.00 1 650 $0.95 $1567.50 39 4" Thermo laslic Slriin Yellow 1650 LF 1650 $0,95 $1 567.50 $0.00 _j,939,,, $0.95 $1,567.50 $0.00 40 4" Thermo laslic Slriin Solid Yellow 5500 LF 8 $00 $0.95 $6 975.00 $0.00 6500 $0.95 $8175.00 $0.00 41 Clear Plowable Pavement Markers 161 EA 161 $2&25 $4226.25 $0.00 161 $26.26 $4226.25 $0.00 42 Yellow Plowable Pavemenl Markers 161 EA 161 $26.25 $4 226.25 $0.00 161 $26.25 $4,226.25 43 12" Thermoplastic Slop Bars hile 48 LF 48 $5.25 $25200 $0.00 46 $5.25 $252.00 44 Thermoplastic Crosswalk lWhite 3 EA 3 $315.00 5945.00 $0.00 3 $315.00 $945.00 $0.00 45 Trench & Excavation Safety System 1 LS 1 $500,00 $5DOA0 $0.00 1 $500.00 $500.00 46 Removal of As alt Pavement 15300 SY 13 000 $1.30 $16,900.00 ($2,900.00' j,3,999,00 $1.30 $16.900.00 $0.00 47 Removal of Concrete Curb & Gutter 5500 IF 5560 $3.00 $16 500.00 $000 5 500 $3.00 $16,500.00 $0.00 48* Removal of Drop Inlets 10 EA 22 $350.00 $7 700AO 84,200.00 22 $350.00 $7,700.00 $0.00 49* Removal of Strom Drainage Pipe 1800 LF 2 307 $10.00 $23 070.00 $5,070.00 2 39.7 $10.00 $23,070.00 $0.00 50** Removal of Double 6' x 8' Box Culvert& Rectrade Channel Area I IS 1 $40,050.00 $40 050.00 $11,700.00 1 $ 40 050.00 $40 050.00 $0.00 51 Removal of Concrete Pavement lin Hwy. 71) 6800 SY 7,538 $4.00 $30152.00 $2,852.00 7 538.0 $4.00 $30,152.00 $0.00 52 ReecadeofHey,71 1500 CY 1 500 $9.50 $14 250.00 $0.00 1 500 $9.50 $14,250.00 $0.00 53 Solid Soddina 1000 SY 2,000 $3.25 $6 500.00 $3,250.00 2 000 $3,25 $6,500.00 $0.00 54 Seeding, Fertilizer & Mulch 20 AC 20 $1,750.00 $35 000.00 $0.00 20 $1,750.00 535,000.00 $0.00 55*` Removal of 6' Ai on Chain Link Fence 500 1.F 21 DO $2.00 $4 200.00 $3,200.00 2 100 $2.00 $4,200.00 $0.00 56* New B' Airport Security Chain Link Fence with Barbed Wire 1700 LF 0 $18.50 $0.00 ($31,450.00' 0 $18.50 $0.00 $0.00 57 Trench & Excavation Safety System 1 LS 1 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 58 As halt Millirig At Connections 800 5Y 3 321 $5.30 $17,001.36 $13,361.30 3 321 $5.30 $17,601.30 $0.00 59 Asphalt Removal within Su erelevation Sections, as required 750 SY 459 $1.85 $849.15 ($536,351 459 $1,85 $849.15 $0.00 60 Prime Coat 5600 Gal 700 $3.80 $2,660.00 (818,620.00' 700 $3.80 $2,660.00 $0.00 61 Tack Coat 3500 Gal 3 500 $2.20 $7,700.06 $0.00 3,500 $2.20 $7,700.00 $0.00 62* Relocate Fire H dram and Replace with New FH 1 EA 2 $750.00 01,500.00 $750.00 2 $750,00 $1,500.00 $0.00 63 TrafficSi ns )Wl.5) 2 EA 2 $350.00 $700.00 $0.00 2 $350.00 $700.00 $0.00 64* 15" PVC Drain from Standard R iste LF 448 $32.00 $14,336.00 $14,336.00 448 $32.00 $14.336.00 $0.00 65* Drop Inlet(Ti?? C) 5's 5' EA 9 $2,850.00 $25,650.00 $25,650.00 9 $2,850.00 $25650.00 $0.00 66* Junction Box hope 5' x 5' EA 2 $2.850.00 $5,700.00 $5,700.00 2 $2,850.00 55,700,00 $0.00 67** New 8' Airport Security Chain Link Fence with Barbed Wire LF $21.50 $50,632.50 550 632.50 2355 $21.50 $50.632.50 $0.00 68* 8" O900 PVC Water Lines al Fire Hmirant Relocations LF ....LL 115 $32.00 $3684.00 $3,680.00 115 $32.00 $3,600.00 $0.00 69* FireH ram,com lets EA 2 $5550.01) $11,100.00 $11100.00 2 $5,550.00 $11,100.00 $0.00 70* 6"Gate Valve EA 2 $1,240.00 $2480.00 $2480.00 2 $1,240.00 $2.480.00 $0.00 71 * 12" x 6"Stainless Steel Ta in Sleeve And Valve FA 1 $3.300.00 $3,300.00 $3,300.00 1 $3300.00 $3,300.00 $0.00 J:120081082153- Hwy 71 Relocation to Drake FieldliChange Ordersl\Change Order No -3 3-28-11.xlsx Page 4 CHANGE ORDER NO.3 PRICING Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 Match 29.2011 MCE Project No. FY082153 Item # BID Description UNIT Sweetser Construction Change Order No 2 Change Order No 3 REVISED Revised Bid Revised Extended Change REVISED Revised Bid Revised Extended Change Bid Qty. Unit Price Bid qty. Unit Price 72* 6" x 6" Stainless Steel Tapping Saddle wilts Valve EA 1 $2.900.00 $2,900.00 $2 900!0 1 $2900.00 $2900.00 $0.00 73* Pip.Rap at Culvert rons SY 275,0 $45.00 $12375.00 $12375.00 275.0 $45.00 $12,375.00 $0.00 ++74"" Special Fence and Traffic Bonier for Paschal Pro LF 200 $35.00 $7,000.00 $7,000.00 150 $48.34P$9,450.00 $7,251.00 $251.00 75" Re rode Ditch for Small Channel Between New road and old road LF 210 $45.00 $9,450.00 $9450.00 •210 $45.00 $0.00 ADDITIONAL ITEMS 76++ Remove Drainage Grates either side of Existing Box Culvert EA $0.00 2 $750.00 $1500.00 $1,500.00 77++ Remove Grate Inlet Openings and Install Slab over Existing Box Culvert LS $0.00 1 $3,600.00 $5,600.00 $3,600.00 78++ New 6 Fiby 20 ft Double Gate North of Old Fire Station EA $0.00 1 $3560.00 $3580.00 $3,560.00 79++ Single a Ft. Gate 12 ft Wide South of Old Fire Station EA $0.00 1 $1,450.00 $1450.00 $1,450.00 80++ single 8 Ft. Gate 4 ft Wide Between Old Fire Station & Museum EA $0.00 4 $750.00 $3,000.00 $3,000.00 81++ 'd'ust Existing Junction Box to Grade for Std. Reg, Drain Une EA $0.00 1 $3,000.00 $3,000.00 $3,000.00 82++ Ad'ust Existing Electrical Vault to Grade EA $0.00 1 $6,000.00 $6,000.00 $6.000.00 83++ A 'ust Existing Electrical 'unction Box to Grade EA $0.00 1 $3,000.00 $3,000.00 $3,000.00 84++ Remove and Replace Conic. Ribbon Curb at Bailey Street IS $0.00 1 $4,500.00 $4,503.00 $4,500.00 86++ Additional To soil far Bottom of of Chain Link Fence CY $0.00 800 $3.50 $2100.00 $2,100.00 86++ Repair of Std Re istar Storm Line by Dunk Fire & Sec. LS $0.00 1 $2,315.00 $2.316.00 $2,316.00 87++ Remove and Replace Conic. Ribbon Curb at Short Street LS $0.00 1 $4,500.00 $4,500.00 $4,500.00 $1,658,428.45 $1,643,428.46 SCHEDULE IV (LANCASTER DRIVE CURB & GUTTER, BASE, PAVING & STORM DRAINAGE) I Mobilization and Demobilization 1 LS 1 54,800.00 $4800.00 $0.00 1 $4,800.00 $4,800.00 $0.00 2 "'epoch Removal (Plan Qvanti 220 CY 220 $1.50 $330.00 $0.00 220 $1,50 $330.00 $0.00 3 Unclassified Excavation 4Plan Quantity) 150 CY 150 $5.00 $750.00 $0.00 150 $5.00 $750.00 $0.00 4 Embankment from Excavation Plan Quantity) 100 CY 100 $5.00 $500.00 $0.00 100 $5.00 $500.00 $0.00 5 Select Borrow Embankment Plan Quanti 350 CY 350 $6.50 $2,275.00 $0.00 350 56.50 12,275.00 $0.00 6 "sail Replacement (Plan Quan 650 CY 650 $1.50 $975.00 $0.00 650 $1.50 $975.00 $0.00 7 Undercut and Embankment Back611 (Field Measured) 1000 CY 0 $8.00 30.00 (58.000.00' 0 $8.00 $0.00 $0.00 8 Soil Stabilization Fabric 1200 SY 0 $t55 $0.00 ($1,860.00' 0 $1.55 $0.00 $0.00 9 Silt Fence 550 LF 120 $3.00 $360.00 ($1,280.00' 120 $3.00 $360.00 $0.00 10 Aggregate Base Course Class 1900 TN 1900!0 $14.00 $26600.00 $0.00 1900.00 $14.00 $26,600.00 $0.00 11"' 4" As hall Binder 1" PG 70-22 880 TN 820.00 $57.60 $47,232.00 $3.45&00 820.00 $57.60 $47232.00 11a"' Binder Ashalt Cement Price Adjustment (per Addendum. Sept. 20101 TN 37.72 $475.00 $3,677.70 $3677,70 43.27 $462.50 $3,677.70 ($0.00) 12"' 2"As hall Surface 112' PG 70-22 500 TN 500.00 $77.40 $38,700.00 $0.00 500.00 $77.40 $38700.00 $0.00 12a" SurfaceAs haltCementPrice vstment rAddendum Oct.2010 TN 23.00 $447.50 $1,610.00 $1610.00 23.00 $447.50 $1610.00 $0.00 13 Concrete Curb & Guher A 1470 LF 1547 $8.00 $12,376.00 $616.00 .J,,L,,,, $8.00 $12 376.00 $0.00 14 Concrete Sidewalk 810 SY $05 $28.00 $22540.00 ($140.00) 805 $28.00 $22,540.00 15 HC Ramps AHTD Type III 16 SY 7 $230-00 $1,610.00 $2070.00 7.00 $230.00 $1610.00 $0.00 16 18" RCP. Class III, Wall B 185 LF 182 $29.00 $5,278.00 $87.00 182 $29.00 $5,278.00 $0.00 17 36" RCP, Class III, Wall B 65 LF 6$ $45.50 $3094.00 $136.50 68.0 $45.50 $3694.00 $0.00 18 36" RCP Flared End Section 2 EA 2 $1,395.00 $2,790.00 $0.00 2 $1 395.00 $2,790.00 $0.00 19" Prop Inlet e Cl404' 4 EA 2 $2,075.00 $4.150.00 (34,150.00' 2 $2 076.00 $4,150.00 $0.00 20 Solid Sodding 1000 SY 800 $3,25 $2800.00 $650.00 $00 $3.25 $2600.00 $0.00 21 Seedin Fertilizer & Mulch 12 AC 12 $1j50.00 $21,000.00 $0.00 12.00 $1 750.011 $21,000.00 $0.00 22 Channel Realignment I LS 1 $36662.50 $38.662.50 $0.00 1 $36662.60 $36662.50 $0.00 23 Silt Fence Maintenance 2545 LF 1 302 $1.00 $1 302.06 $1.243.00 1,302 51.00 $9302.00 $0.00 24 Construction Entrance 1 Exit 1 EA 1 $1,000.00 $1,000.00 $0.99 1 81,0000 $9000.00 $0.00 25 E'uck Aoqretsute Filter 60 LF 0 $6.50 $0.00 $390,00 0 $6.50 $0.00 $0.00 26 Curb Inlet Sediment Barrier 4 EA 4 $60.00 $320.00 $0.00 4 $80.00 $320.00 $0.00 *27*" Temporary Rock Check Dam 1555 LF 96 $30.00 $2,880.00 $43770.00 96 $30.00 $2,880.00 $0.00 28" ErosionControlBlanket 5500 SY 6820.0 $5.45 $37169.00 $7,194.00 6826,0 $5.45 $37,169.00 $0.00 29 Trench & Excavation Safety tem 1 IS 1 $500.00 $500.00 $0.00 1 $500.00 $500.00 $0.00 30 Removal of 6' Airport Chain Link Fence 550 LF 2 150 $2.00 54,300.00 $3,200.00 2150 $2.00 $4,300.00 $0.00 31" Now 6' Airport Security Chain Link Fencewith Barbed Wire 950 LF 0 $18.50 $0.00 $17,575.0 0 $18.50 $0.00 $0.00 32* 8 Ft. Double Leaf Gate 12 ft 1 EA 0 $1942.00 $ (51942.031 0 51,942.0 $0.00 $0.00 33 Removal of As haltPavement & Base 3020 S I LS 1 $7,500.00 57,500.00 $0.00 1 $7,500.0 $7,500.00 $0.00 34 As halt Milling 150 SY 40 $12.50 $500.00 ($1,375.00' 40 $12.50 $500.00 $0A0 35 Prime Coat 1050 Gal 800 $3.80 $3 0 (8950.001 800 $3.80 $3040.00 $0.00 36 Tact Coal 650 Gal 650 $2.20 $1 430.00 $0.00 650 $2.20 $1,430.00 $0.00 37" Remove and Relocate Streetlights and Bases 7 FA 10 $1,965.00 $19,850.00 $5,695.00 10.0 81,963,00 519 650.00 $0.00 "38" ew8'Airporl Security SecunttyChain Link Fence with Barbed Wire LF $21.50 $49,127.50 $49,127.50 2,285 $21.50 549 127.50 $0.00 39' Oro Inlet e C 5'x 5' EA ..22L 2 52850.00 $5,700.00 55,700.00 2 $2,850.00 $5,700.00 $0.00 40"" 36" Bored or Excavated Encasement Std Reg Storm Drain) LF 125 $444.36 $55,545.00 $55545.00 125 $444,36 $55 545,00 $0.00 41*" 24" PVC in Caning Standard Register Storm Drain) LF 140 $86.00 $j,930,09, $12040.00 140 $86.00 $12 040.00 50.00 42"" Junction Box 4' x 4' Standard Re ister Stone Drain) EA 3 52.800.01) $8,400.00 $8,400.00 3 $2,800.00 $8,400.00 $0.00 43"" 24" RCP Standard Register Storm Drain) LF 209 $54.00 $11,286.00 $11,286.00 209 $54.00 $112886.00 $0.00 44*" Fill Jack Bore Holes Standard Register Storm Drain) LS 1 $1729.00 $1729.00 $1,729.00 1 51,729.00 51,729.00 $0-00 45"" niIonirng Monitoring Well for Kearney National EA 1 $4500.00 $4,500.66 $4,500.00 1 $4500.00 $4,500.00 $0.00 46"" Protection for Existin Monivain Wells FA 2 $200.00 $400.00 $400.00 2 $200.00 $400,00 $0.00 47*" Rs rode Ditch for Small Channel (West of Lancaster Dr.) IF 180 $45.00 $8,100.00 $6,100.00 180 $45.00 $8100.00 $0.00 ++48** Double Leaf 8 FL Gate 12 ft Wide EA 2 $2,600.00 $8200.00 $5,200.00 4 $1,000.00 $4,200.00 ($1,000.00) ++49 Rollin Cantilever 8 FL Gate 26 Ft. Wide with new Controller EA $11.1111 $0.00 1 $16 000.00 $16000.00 516,000.00 $481,528.70 $496,528.70 TOTALI Change Order 2 Price $3,085,100.05 $78,434.90 Change Order 3 Price 1 $3,085,100.051 $6.00 Change Order No. I hems ""Charge Order No. 2 Items for Additional Channel Grading, Monitoring Well, 8' Fence and Standard Register Storm Drain ++ Change Order No. 3 Items. J.\20081082153- Hwy 71 Relocation to Drake Field\Change Orderst\Change Order No -3 3-28-11.xlsx Page 5 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: Action Required: Review and forward for Mayor's signature; Change Order No. 4 Sweetser Construction Co., Inc., Drake Field Runway Safety Area project. DECREASE $ (68,539.53) $ 419,257.00 Correct Runway 16 RSA Cost of this request Category / Project Budget Program Category I Project Name 5550.3960.7820.38 $ 221,427.13 Airport Capital Exp Account Number Funds Used to Date Program 1 Project Category Name 07039 3 $ 197,829.87 Airport Project Number Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached 2ff/ Previous Ordinance or Resolution # 138-09 19110 Date Original Contract Date: Original Contract Number: Date 515-11 Finance d Internal Services Director Date Chief of S Date M or ate Received in City Clerk's Office (A AAA. U[ . Received in ENTERED Mayor's Office s Comments: This final reconciliation Change Order results in a decrease to the contract price. Revised January 15, ;IIIiii. City Council Meeting of: NA Agenda Item Number: aye vtlie l„ ARKANSAS AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT - DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gully, Transportation Director " FROM: Ray M. Boudreaux, Aviatio rector DATE: May 24, 2011 SUBJECT: Signature of the Mayor on Final Reconciliation Change Order No. 4 from Sweetser Construction Co. to close out the Runway 16 Safety Area Improvement Project. This is a no cost change order. RECOMMENDATION: Signature of the Mayor on the Final Reconciliation Change Order No. 4 to close out the Runway 16 Safety Area Improvement Project. The final amount of the contact is $68,539.53 below the original contract price for the construction. BACKGROUND: AIP 38 to improve the Runway 16 Airport Safety Area is complete. This is the final reconciliation change order submitted by the contractor, Sweetser Construction. It has been reviewed by McClelland Consulting Engineers and the airport staff. BUDGET IMPACT: This project is totally funded from FAA/AIP funding and State Aeronautics Commission funding. Attachments: Staff Review Change Order No. 4 4500 SOUTH SCHOOL AVENUE. SUITE F - AIRPORT TERMINAL BUILDING - FAYETTEVILLE AR 72701 479.718.7642 - 479.718.7646 FAX - www.accessfayetteviIle.orglgovernmentiaviation airport _economic _development@ci.fayettevil lear, us McCLELLA ND 1810 N. College Avenue P.O. Box 1229 CONSULTING Fayetteville, AR 72703/72702-1229 479-443-2377 • FAX 479-443-9241 ' ' ENGINEERS, INC. www.mccIeIland-enor.com May 24, 2011 Mr. Ray Boudreaux Airport Manager, Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 RE: Runway 16 Safety Area Improvements Fayetteville Executive Airport AIP 3-05-0020-038-2009 Dear Mr. Boudreaux: Enclosed please find three (3) copies of Change Order No. 4 (Final Reconciliation) from Sweeter Construction, Inc. for approval by the City. Please return one (1) signed copy to the Contractor and to our office. If there are any questions regarding this project, please contact us. Sincerely, Mc I LAND C/NSULTING ENGINEERS, INC. P.E. Vice P Enclosures: Change Order No. 4 (Final) (3 copies) J \2008082153- Hwy 71 Relocation to Drake Field\Correspondencelbourdreaux 052411 000 Jti[ce&ttand Ceti. uetiny &xqinee, .7nc. - "Beat (niizee..inq tinnt„ a. artsas 53u.i nic i 2CC"I d 2('1(` Uwaxd .Recipient RECEIVED CHANGE ORDER Order No. Date: Agreement Date E>.RtORT 4 May 20 2011 June 16, 2009 NAME OF PROJECT: Runway 16 Safety Area Improvements AIP Prom. No. 3-05-0020-38-2009) OWNER: City of Fayetteville (Airport Department) CONTRACTOR: Sweetser Construction Co. Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1 Decrease the overall cost of the project based on the final project reconciled quantities per the attached 3 pages from the previously approved change orders. Deduct cost of $ 68,539.53 from the contract. 2. Add 30 Calendar Days to the Contract time for the installation of the additional fencing and gates. Justification: 1. Item 1 is a reduction in quantity actually used to complete the project by each item. 2. Items 2 is added Contract Time for the added fencing and gates. CONTRACT PRICE prior to this Change Orders: $3,085,100.05 Decrease in Contract Price: $ (68,539.53) Revised CONTRACT PRICE Including this Change Order: $_3,016,560.52 Final Completion Time Prior to This Change Order: 405 Calendar Days Net Time Change Resulting From This Change Order: 30 Calendar Days_ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 30 calendar days. Approvals Required: To be effective this Order must be approved by the PROJECT, or as may otherwise b_reguired i Requested by: Recommended by: Approved by: 1if it changes the scope or objective or the RAL CONDITIONS. on Co., Inc. Date Mc{IIad suiting Engineers, Inc. Date City of ay eville D e J:\2008\082153- HWY 71 RELOCATION TO DRAKE FIELD\CHANGE ORDERSICHANGE ORDER 4_D0C Page 1 FINAL RECONCILIATION CHANGE ORDER NO. 4 Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 May 20, 2011 MCE Project No. FY082153 810 Item p I Description Qty.UNIT Sweetser construction Change Order No 3 Change Order No 4 _Reflects Final Quantities Usedl REVISED Revised Bid Revised I Extended Change REVISED Revised Bid Revised Change Final Qty. Unix Price Extended Bid Qty- Unit Price SCHEDULE I (HWY 71 RELOCATION EARTHWORK & DRAINAGE CULVERTS) 1 i Mobilization and Demobilization I LS 1 $1100000 511.00000 $0.00 7 $11.000 OD 511.00000 50.00 2 Topsoil Removal (Plan Quantity) 12500 CY 12.500 ) $1.50 $16.750 CO $0 00 12.500 $1.50 $18,750.00 5000 3 Unclassified Excavation I Plan Quanl ) 2800 CY 2.800 $5.00 514.000 00 $0.00 2,080 $35.00 $14,000 00 $0.00 4 Embankment from Excavation (Plan Quantity) 4400 CY 4.400 55.00 , $22.000.00 50.00 4.400 $5.00 $22.000.00 $0.00 5 , Se4ot Barrow Embankment (Plan 030ari1156 S 'Topsoil Replacement {Plan Quanliry) 14000 2800 CY CY 14.000 2.600 $650 $1.50 $91.000.00 54.20000 $0.00 5000 14.000 2.800 $6.53 $1.50 $91.000.00 $4.200.00 0000 $000 7' Undercut and Embankment BackRl {Field Measured) 6500 CY 5.133 $800 541.064 00 (510.936 00) 5.132.97 $8.00 541.00375 !$0.241 Soil Stabilization Fabric 13000 SY 12,743 51 55 519,75229 15397.71:! 12.744 $1 55 $"9.753.20 $0.91 -0 9 Srtt Fence 4275 LF 5.446�$30 .00 • $16,338.00 $0,51300 5.446 $300 $16.338.00 $0.00 10 Construction Entrances Err 2 EA 2 00 $2.000 00 $000 2 51.00000 $2.000.00 ' 50.00 11 Tesopora5 Rock Check Dam 715 OF 122.00 __83660 00 {317.790 001 722 530 00 $3.660.00 $0 i.29 12 Erosion Control Blanket 3000 SY 1.598 45 510.344 10 ($6.005 9011 2.725.04 ( 1 $5.45 _ $14,851 47 54507.37 Double 6 x 6' Box Culvert 1 vieplele) (Inculding Excavartion and Backfil0 1 EA 1 I 053,87500 553.8 500 0000 553,875 00 $53.875.00 9- _73 14 i5 Sorrel 6'x B' Sox Culvert {Completes )inculd:rg Excavarlion and BacKS 1 EA 1 $167.238.00 5167.238.00 $0.00 1 5167.238 00 5167.238.00 50 00 15 Mainlenancetl Drivewa 5 8 Bailey Drive 1 J2 1 $750008 i $7.500.00 $0.00 1 57.500.00 57.500.00 $000 16 Temporary 5ee4019. Fertilizer and Molul'sirg 12 AC 10 51,75000 $17.50000 183,50000) 2 31.750.00�00 01 17 1 Trench 8 Excavation Safety System I LS 1 8500.00 $50060 . 50 00 1 $500.00 -0 18 New itorrdary Sewer Manhole 7 EA 10 52,35050 $2350000 57050.00 10 $2922J 523.500825000 19 1}e' SOS 26 PVC Sewer Pipe 260 LF 330 $3000 $1170325 $3.900 00 390 $30 00 01"SDR 26 PVC Sewer Pipe 550 LF 570 $3200 ' $18240.00 $640 00 570 53200 51824000 .00 1 T Cnlshed Stone Trench Backfill 1100 22' 116" Bored or Excavated Encasement (North Gravity Sewer 235 TN 1,041 $14.00 314 575.18 ! ($824 821 1.03023 514 00 $14,492.80 1582 381' LF 120 _ 822500 _ $27.000.00 1525 87500) 120 $225 00 ' 52.70170 00 50.00 23 Third Party Insurance Coverage :Rider Amo_untl 1 LS 1 $100 5100 5000 1 $1 $100 $0.00 24' 6Water Llne ftelecalior in Baile Dnve 1 LS 0 514.500.00 $0.00 (574.500 00} 0 $14.500.00 $0.00 $008 25'52' PVC Class 200 Force Main 26' Ductile iron Rttings :Epoxy Coated. 1 260 LF 0 33630 $000 89 362.00) 0 03003 50 00 $0.00 1000 LB 0 $12.50 $0 00 ($12.50000} 0 $1250 $0.00 _ '2" _ 24" Bored or Excavated Encasement (South Gravity Sewer) 118 28' Connection of New 12" Farce Main to Existing 12'Force Main 1 LF LS 0 0 $225.00 $0.00 (526.550 00) 0 $17.200 00 $000 i (517.200 00;' 0 $225.00 0000 $17230)310 5080 011.00 _0800 00 29 Removal of 6' Chainlink Fence 800 LF 880 0200 $1.76000 $160.00 880 52.00 $1160.00 $000 30 :Relocate 5' Chainlink Fence w ew pasts 640 LF 838 81521 $8.555.98 $2.021.58 968 $10 21 $9.883 26 51.327 30 31 Relocate Slidin Gate and Double Gate I LS 1 51.375.00 51 375.00 $000 1 51.375.00 5107083 $038 32 Abandon Manhole 1 EA 1 543000 $400.00 00 00 1 5400.00 3400.00 50.00 33 Ad ust Manhole Rim Elevation to Grade 1 EA 1 $500.00 3500.00 0000 i 4 $500.00 1 52 000 00 I $1.50000 34' s" SDR 26 PVC Sewer Prpe LF 143 532.30 54.57e00 54.57600 143 $32-30 04.576.00 $0.00 35' Remove Existing Sewer Lice LF 320 $10.50 53.360.00 $3,360.00 320 J 01000 5336350 36' 1 24" Steel Spit Encasement _Force Main) LF 160 $250.00 54000003 $40.00000 160 J 522000 540.0017 00 37' .12' Steel Split Encasement (Bailey Drive Water Line) LF 125 $225.00 028.125.0 $20,12530 125 J,. 5225.00 ' 528.12500 $0.00 38' 12" Steel Excavated Encasement (Baile Drive Sewer) LF 112 $225 00 525200 00 525.200.00 112 522500 $25 20.00 50 00 39' Remove Commercial 5€ ns ISuperSto i EA 2 $60000 51.20000 $1.200.00 . 3 29_09 $1.803.00 5600 00 4U' Granular Back01€ m Abandoned Septic Tank 41' �Plu Entls of Abandone_dPipes TN 133 518.00 $2.386.80 52.30580 132.56 01500 52.386 08 ($0.72) 2 51.00000 82,000052.00000 2 $1.000.00 52.00000 500042' Rowable FIII 17 5100 00 51700.00 51 700.00 ' 27000stln9 Sewer ��:A 1 5450.00 r $450 00 L $450.00 1 3450.00 5450.00 SO 00 44' _ Relocate Water Service at Su er Sto 1 $600.00 -� 5600 38 4 5600 OD 1 $610000 560000 -__5000 'SCHEDULE 11 {LANCASTER ROAD RELOCATION EARTHWORK & CULVERTS) $717 538.35 $712,428.59 1 _ _ 3 Mobilization and Demobilization 1 LS 1 SO200yoj $3.500 00 S0 0_0 1 _9000 1 $3500.29 $000 _ opso_I Removal (Plan OuanIityj _ 3500 , 85.250 30 30 00 3.500 $7.50 55250.00 50.00 Unclassfed Excavation Plan Quantity) 800 ,_2_L.92_ CY I800 55.00 0400300 : $1000 800 5500 _ _ 54.000 00d[S-904 4 _ _ Embankment From Excavation _PlanQa4ntiti 1400 CY 1.400 $5.00 57,000.00 - 5003 1.400 55.00 57 000.00 J 5 Select Borrow Embankment (Plan Quart: i 3300 CY 3.300 $6 50 521.450 00 5000 : 3300 $6.50 521.450. CC5 Topsoil Replacement {Plan Quante ) 1050 CY 1050 51 50 51.57500 50.00 1 1.050 $1 50 _ 51.575.00• - • Undercut and Embankment Backfill (Field Measured) 2000 CY 111 SB.00 5888 80 1515.111 20) 111.058 Soil Slabdizatlon Fabric 5500SY55005852500 $000 4.916 70 S1 55 $7 620.899 SIh Fence 2545 LF 1 302 $3 0 53906.00 : (83.729 00) 1302 53.00 5391 00 Temporary Rock Check Cams 975 OF 99 S3000 52.97000 :526.280000 99 530 00 $2.970 06 11 �Consiructron Entrance ' Exit 1 EA 1 51.000 .00 00 31.0 DO 50.00 1 --51,000,00 $000 12' Erosion Control Blanket 1900 SY 900 $5.45 34.905.00 135.450.00) 0 05.45 ) 50.00 (54.905.001 13 -Removal of 6 fool Chainlink Fence 1 750 LF 567 $2.00 51.134 00 15366.031 567 5200 $1.134.00 00.00 14 Relocate 5 ft Chainlink Fence with New Posts j 815 LF 575 $1015 $5,836.25 102.436 00) 575 $10 15 05.83020 $0.00 1 5 Relocate Double Gate (New 12 Double 8 Ft Gates J I LS 0 0725 00, 50 00 (5725.001' 0 5725.00 50.00 15 5 Barrel 808850 Culvert (Complete; 1 EA 1 507 555.80 .29_20O38 50.00 1 $97.555.00 $97.555 30 50.00 17 18 Temporary Seeding Fertilizer and Mulching 5 AC 5 31.750.00 58.750.00 $000 0 Or 750.30 5420.00 158,330.0:71 Trench & Excavation SaId7 System 1 LS 1 5500 00 5500.:70 30 00 1 5500.00 5500.00 30.00 19' 0'0500 PVC Water Unes at Scurlock LF 261 545.00 511 72280 S11 722.50 260.5 545.00 $11,722.50 $0 00 20" 8" Sends EA i 4 $300 00 ) $1.202 00 51.200.00 4 $30000 $1,200 00 50 CC 21' Cci and Cap Existing Waterline El 2 $500.00 L $1.00000 51.90000 2 5500.00 $1.00000 5000 22' 23* 8" Tap Assembly EA 2 84.310 ucj 0003030 58.036 00 2 5401000 0803600 SO.DO 15 Bored or Excavated Encase_m_enl i Water: LF 50 5225.00 I 05350000 1 513.005 00 00 5225.40 $13.500 00 50 00 _ 24- Testin EA 1 $500 00 050000 5500.00 . 1 $00020 5500 00 03 00 25' Rip -Rap at Culvert Aprons SY I 175 $45.00 : 57.075 00 $7.87500 213.25 54500 59.596 25 $1.72125 26' Reinforced Concrete Slab over Electrical Vault EA 1 53.000 00 $3.000.00 } $333000 1 $500000 53.000.00 5020 27' •Crashed 5103 Trench Backfill •TN 91 I $18.00 51.638.00 ' 5153000 90.23 518.00 51.624.14 (S1386i 5227.21 ti.55 ua rr,, oe.ra Page 2 J:\2008\082153- Hwy 71 Relocation to Drake Field\Change OrdersllFinal Change Order No -4 _xlsx FINAL RECONCILIATION CHANGE ORDER NO. 4 Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 May 20, 2011 MCE Project No. FY082153 y 10 bpo,tann,zatlpn haenc Fence Newt . 4275 LF 3.400 5500 -- -- $1020000 152.625.001' 3400 5300 576.200.90 $0 00 ,Sltl 1Malntenance and _ _ _ 1 EA 1 $1.00000 $1.000.00 5000 1 $190000 $1.000.00 5000 11 I Construction Entrance Exit 5000 12 Temporaty Rock Check Cams Maintenance 1 LS 1 $1.00000 -- $1.00000 $o 09 � 1 57.000.00 $1.000.00 rely eye at, 13 jEtoslon [Antrol Blanket ow � * c. �.. -� 0850 1 -� -- 50 DO - - - --- -- 154.420.00)' - 0 - $6.50 $0.00 $0.00 14 15 Block and Aggregate Fitters 580 16 IF EA 0 0 $8033 $0.00 ($1.280 00} 20 50300 - $1 60000 $1.500.00 6" 1 Curb Her Sediment Barney A Base (Class 7( 15000 TN 7.244 $14.00 $101.476.00 (5108.584 00) 7.24399 $14.00 5101 415.86 (S0 14) 17" re ate Course 4" AsphaltBinder (1") PG 70-22 5500 TN 4.000.00 556.70 5234.800 00 (558.700 00) 070000 $58.70 $22259782 (512.102.18) 1 r a" : Binder Asphalt Cement Pnce Adustment ( per Addendum. May 2010) TN 184.00 5475.00 017,940 00 $17 940.00 705 1986 ,_,j_0 j 510256 87 ;57,683.13) 17b lelnuelAspoart Cement Price Adjustment (per Atltlentlum. July 20101 TN 0.00 5485.00 00 00 $0.00 26.9317 5485 00 $299515 $2,895.16 17C' Binder Asphalt Cement Price Adjustment (per Addendum Sept 2010) TN 000 548250 _ $000 50.00 14.9151 $462.50 51267.78 $126770 17c^ Binder Asphalt Cement Pnce Adjustment (per Addendum. Oct 20101 TN 000 $44750 --$000 SO 00 9.5977 $447 51) $671 84 $671.84 18'" 4" Aspha0 Surface 11.21 PG 70-22 {Placed in Two Lifls) 5000 TN 4.325.26 $79.70 $344.723.01 1 S53,776.991r 4.22046 $79.70 $336.370.66 ($035234 18a" Surface Asphalt Cement Price Adjustment )pnrAdde0dem. Jury 2010} 7N 10430 $48500 $11.212.50 $11.212.50 84.72 5485.00 59 107.71 IS2. 104.78) 18b" Surface Asphalt Cement Price Adjustment (er Addendum) (Oct. 2010) TN 115.00 $447.50 58.050.00 58.050.00 125.71 -_ $447.50 $079955 $74905 180" Surface Asphalt Cement Pnce Adjustment (per Addendum) (001. 20101 TN 0.00 $447.50 0000 $000 C. 9710 546250 38254 582.54 19 Concrete Ourh 8 Guner (Type A) 6120 LF 6.611 $8.00 $52,88860 $3.928.00 6,611 -$0.00 $52.886.00 SO 00 _ 20 Concrete Curb & Gutter (Type E-1) 328 LF 172 $8.00 $1 $1 27630 151 248.00) 172 $000 51.376.00 1 SD. DO 21 Concrete Sidewalk 3460 57 ` 3.400 $2800 00520000 I (00 600.00 3.399.41 528 00 595.183 22 HC Ramps AHTD Type Ill 65 57 22 $230.00 55,56000 159,890 DO) 21-7 5230.00 $4.991.00 1569.00} _ 23 FCC Dnvewa s 65 SF 24000 03800 . 59.129 00 $6.650.00 607.14 $38.00 $23.071 32 $13 951.32 24" _ Asphalt Surface Course for (tnveways 240 TN 450 $85 70 538.295.66 $17.871 00 ' 172.09 $85 10 $1454486 (523 650 14) 248" Surface Price Adjustment per Addendum) !Oct. 2010) TN 0.00 $447 50 $0.00 - $000 J 0.36 544750 $585.45 . 5585.45 25Jsoresale Base fur Driveways 450 TN 450.00 514.001[_$6.300.00 $000 425.29 $1400 $5,954.06 15345 9a} 215 10" RCP Class Ill, Wall 8 1632 LF 1.275 52900 - $36,975.00 (510.353 00) 1.2745 $29.00 $36.960.50 ($14-501 27' 24' RCP. Class 81. Wall B 55 LF 395 545.50 $1737250 $15.470 00 395 545.50 517.972.50 50.00 2$- RCP. Class III. Wall B 220 LF 389 $69.00 $26.841.00 011,247.001 389 86533 526.841 00 50.00 29' 136" 130" RCP Class III_ Wall B 535 LF 991 569.00 $66.37900 $31 464.00 991 06500 568.379 00 ' 30.00 30" '.48" RCP. Class III Wall B 390 LF 0 $105.00 ' $0.06 1540.950 00) 0 $105.00 $000 $0.02 31 J 18" ROE Flared End Section 4 FS 9 5500 00 54.500.00 $2.500.00 • 9 $500 00 54.500 00 4 50.00 32' 36" RCP Flared End Section 2 EA 0 $1.395.00 $000 . (52.790,00) 0 01.090 00 50.00 • 0000 33' Drop Intel 1Type C) 4' x 4' 19 EA 13 $2,075.00 526,975.00 1512.450 001 13 52.075 00 325 35405 $0.00 34 '4' Drop Inlet Extension 7 EA 13 $500.00 %.500.00 $3000.00 13 $53000 %.500.00 $0.00 35 8' bond inlet Extension 2 ES 4 01.000 00 54.000 00 52.000 00 4 81,000.00 54.300 00 $0 50 36 Modification to Existin Drop Inlets 3 EA 3 $500.00 $1.500.00 $0.00 3 850000 51.500 00 50.00 37 i Junction Box (Type 5114' x 4' 2 EA 2 $2.375 00 - $475000 $0.00 2 $2 375.00 54.750.00 $000 38 4" Thermoplastic SmitingWhite 1650 LF 1.650 00 55 51.567.50 5000 , 2060 50 95 51.957 00 $389.50 39 _ 4" Thermoplastic Strtpin Yellow 1650 LF 1 1.550 $1295 51.567.50 50.00 1 056 $0.95 5t 05320 1$56430) 40 4" Thermoplastic Slnping Solid Yellow 6500 LF 5.500 009$ 56.175.00 00 012 8.119 50.95 07,71305 $1.538.05 41 - _ - _I Clear Plowable Pavemen! Markers 161 EA 161 526.25 5422525 } $000 172 526 25 $4.515 DO 5288.75 _ 42 Yellow Plowable Pavement Markers 161 EA 161 $26.25 54,226 25 50.00 17$ $2625 $4 593 75 5367.50 43 ', 12" Thermoplastic Stop Bars )Whyte) 48 LF 48 0525 5252.00 - $000 63 35.25 5330.75 $78 75 44 )Thermoplastic Crosswalk 1Whrte) 3 EA 3 $31500 594500 $0 00 4 531500 $1.260.00 5315.00 45 _ _ Trench & Excavation Safety System 1 LS 1 050500 $500 00 0030 7 551]0.00 $509.00 50.00 46 of Acphah Pavement 15300 57 13.000 5130 516.92000' (52.990.00)' 13.387.08 $1 30 $17 403.20 $503.20 47 _Removal `Removal of Concrete Curb 8 Gutter $500 LF 5.500 5333 516.500.00 $0.00 5500 J $3.00 $1550003 5000 48' Ramoval of Drop Inlets 10 EA 22 5350.00 5770035 $4.200 00 22 J $350.00 . $7.700.90 $0.00 49' Removal of Strom Draina a Pipe 1800 LF 2.307 $10.00 $21357000 0507500 ., 2.307 $1000 $23 D70.00 $000 50" Removal of Double 6' w 8' Co. Culvert 8 Regrade Channel Area 1 LS 1 $4005000 $40 650.00 : 511,700.00 1 5 40.050 00 $40.050.00 $0.00 51 Removal of Concrete Pavement (in P99.71) - 6800 SY 7538 54.00 $30.152.00 5295205 7,537.3 $400 030.149.20 l$2 80) 52 oe rode at Hwy 71 T CV 1,500 59.50 $14.250.60 $0.00 1600 59.50 $14.250 00 50.00 :Solid Sodding 1006 57 2.000 $3.25 86.500.00 $3.250.00 600 53.25 51.950.00 (54.550.00) -53 54 :Seedln Fetlilizer & Mulch 24 AC 20 51.75000 535000.04 . 50.00 1 14,67 $1.750.00 i 525.672 50 ($9,327.50) 55" 'Removal of 6' Airport Chain Link Fence 500 LF 2.100 $2.00 O420500 03.20000 3.183 $2.00 56.366.00 $215600 56' 'New 5' Airport Securely Chain Lmk Fence with Barbed Wire 1700 LF 0 510.50 5030 (031.450 001 0 $1050 $0 00 50.00 57 Trench & Excavation Safety Sysfem 1 L5 1 5300 00.00 $0.00 I SO 00 $000 $000 58 Asphalt Milling At Cnnnecti000 600 SY 3.321 $5 30 $17601.30 r 51336130 3.321 $5.30 $17607.30 50.00 59 )asphalt Remova_I within Superelevation Sections. as required 750 SY 459 $1 85 5849.15 )$536.35) 456 $105 5847 66 (51 301 60 Prime Coat 5600 Gal 700 $3.80 3260000 1$18.620 007 0 0300 50.06 132.660.00) 61 Tack Coat 3500 i Gal 3.500 52.20 _$7700 I $0.00 . 2.750 r 52 20 %.069 00 : 351653001 62' _ Relocate fire Hydrant and Replace with New FH 1 EA 2 075000 $1.500.00 575000 2 5750 O0 1 01.500 00 $000 613 Traffic Signs (Wt -5i 2 EA 2 $35000 $70000' $000 2 $35000 5700.00 5000 54' 15 PVC ilrain from Standard Re islerl LF 448 $32.00 514.336.00 $14.336 00 448,00 53203 $1 4,33600 95" Drop Inlet [Type CI 5' x 5' EA 9 $2-850.00 525.05030 $25.653.00 i 9 52.050.00 $25650.00 _5020 50.00 56' Juncton Boa )Type STi 5' x 5' ES 2 $2.850 00 55 700 00 $5,750.00 2 52.650 00_50701230 50.00 '5. " New a Airport Secun Chain Link Fence with Barbed Wire LF 2.355 $50,632.50 I $50.632-50 3.328 $21 50 $71.552.00 $20.919.50 68' _ 0-0900 PVC Water Lines al Fire P541401 Relocations LF 115 _$2150 $32,00 53.680 00 $3.680.00 115 $32 30 $360030 1 50 00 69' ?Fire Hydrant completeI EA 2 $555000 1 $11.100 00 $11 100.00 2 _ $555330 $1110030 $006 Page 3 J.r2008\082153- Hwy 71 Relocation to Drake Field\Change Orders\\Final Change Order No -4 .xlsx 1 FINAL RECONCILIATION CHANGE ORDER NO. 4 Runway 16 Safety Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038.2009 May 20, 2011 MCE Project No. FY082153 -� -' - gip Item 1Y Description UNIT Sweerser Construction Change Order Na 3 Change Order No 4 (Reflects Final Quantities Used) REVISED Revised Bid Revised Extended Change REVISED Revised Bid Revised Extended Change Bid QtY. Unit Price Final I]ty. Unit Price 70" 1" 6" Gate Valve FA 2 5124000 $2480.00 - $2.480.00 1 $124000 $1240 00 (51240.00) 12" x 6" Stainless Steel Tapping Sleeve And Valve RA 1 $3.300.00 $330000 53.300 00 0 $3.300 00 5505 (53.300.00) 72" 6" x 5" Stainless Steel Tapping Saddle with Valve FA 1 $2.900 00 $2.900 00 52.900.00 1 $2.900.00 52.900.00 $040 +0) 73" +74^ Rip -Rap at Culvert Aprons Special Fence and Traffic Burner for Paschal Propely SY LF 2750 150 54500 $48.34 $12.37500 $7.251.00 512.375 00 $725100 224.1 150 $45.00 $48.34 $)0 084.50 57251 00 (52.2905 $0.00 75" Re rade Ditch for Small Channel (Between New road and aid road) i LF 210 54500 39.450.00 59.450 00 162 E45.00 57,290 00 ($2.160.00) 76++ Remove Drainage Grates ether side of Existing Box Culvert CA 2 0750.00 51.500.00 2 $750.00 31,500.(10 50.00 77++ Remove Grate Inlet Openin s and Install Slab over Existing Sox Culvert LS 1 0300400 53.600 00 1 $3 600.00 53600.00 $000' 78++ New 8 Ft by 20 n Double Gale North of Old Fire Station EA 1 53,560 00 ¶3.56000 1 $3.560.00 53.560.00 0000 79++ Single 8 Ft Gale 125 Wide Sculn +1 014 Fire Station BA 1 $1.450.00 $1,450.00 1 $1.450.00 $1,458.00 1$1.550.001 80++ Single a FL Gale 40 Wide Between Old Fire Station & Museum I EA 4 575.00 - 53000.25 2 5750.00 $1.500.00 :54.500.001 51+0 Adlust Existin Junction Box to Grade for Std. Req. Drain Line EA I $3.000 00 l 5300050 1 $3.000 00 $3,000 00 50-00 82++ Adjust Existing Electrical Vault to Grade EA 1 $6.000 00 5600400 1 56.000001 $6.000.00 51.500.00 83++ 84++ Adjust Foisting Electrical junction 000 15 Grade Remove and Replace Corn. Ribbon Gurb 81 itaulop Street EA 1 LS 1 53.000 00 $300005 $4.500.00 54.53000 1 1 53.000 ocJ $4.500 00 0200000 800300 54500.00 $0.00 85++ Additional Topsoil for Bonom 01 01 Chain Link Fence Cr' 600 33.50 52.100.00 558 5350 $1.953.00 ' (5147001 86++ Repair or Sid Regisfar Storm Lion by Dunk Fire & Sec. LS 1 52.316 00 52.316 00 L_ 1 1 $2.316 00 $2.31600 $0.00 8; ++ Remove and Replace Conc Ribbon Curt_ at 5h011 Street LS 1 3430000 5450000 $4.50000 _54500.00 50.06 St .54.a.040.nD IEDULE IV (LANCASTER DRIVE CURB & GUTTER, BASE, PAVING & STORM OR 1 !Mobilization and Demobilization 1 LS 2 Topsoil Removal iPlan Quantty) 220 _CS 33 unclassified Excavation (Plan Guantity( 150CS 4.111 Embankment from Excavation {Plan Ouantilyi 100 5 Select Borrow Embankment (Plan Ouantityl 350 6 Topsoil Replacement (Plan Quantity) 650 7 Undercut and Embankment Backfiill (Field Measured) 1004 8 1 Sod Stabilization Fabric 120( 9 Fence 550 10 00g_regate Base Course _Class 7} 190( "" 4' Asphalt Binder 'I "1 PG 70-22 880_ 1 oI 0inder Asphat Cement Price Adjustment _per Addendum Sept 20101 2" 7" Asohah Surface i12"1 PG 75-22 500 $1.50 5330 DO 5000 _ $5.00 5750 00 $0 00 150 $5 00 -, 550050 $0.00 100 50501____52.27500J $000. 350 51.50 $975.00 $0.00 650 $800 5000- ($05005011_S $155 $000' ($135000) 0 $3.00 5340.00 I (01.290 0011 120 $14.00 I $2060000 5000 1.9272 55760 547.23200 153.456.00) 799.5 5462 50 53.57770 $3.677.70 33.18 $7740 $38.70 0 50.00 510 11 ,800.00 $4.600.00_5000 50 5330000 $750005000 $500 $50000$000 _ 5650i_52.270 00 50.00 $1.50 597590 $0.00 $800 $5.00 $050 $155 5000 $0.00 53.00 $360.00 so.00 514.00_$2695150 $381.50 557.60 1 546.055.23 f $1.176.77 5462 50 _ _ $2.820.48 1$857.21 577 4( 339.484 1]6 5784 116 ice 1 3 Concrete Curb & Gutter (Type Ai 1470 - LF 1.547 $8.00 $12.37600 5616.00 1.547 58.00 _5123_000 $0.00 14 Concrete Sidewalk 810_Sr_ 855 $28 00 $22.540 00 ($140.001_805J_ 52800 _ 522.540.00 _5004 15 HC Ramps AHTD. T pe III 16 SY 7.00 $230.00 51.610.00 1$2.070.0016.63 $230.00 . $1524.90 _385.10) Change Order No. I hems " Change Order No. 2 hems for Additional Channel Grading, Monitoring Well, 8' Fence and Standard Register Storm Drain 00 Change Order No. 3 hewn.. ChangeOrder No. 4 Final Quantities used for the Project Page 4 J-120081082153- Hwy 71 Relocation to Drake Field\Change Orders\\Final Change Order No -4 .xlsx City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department $ 3,944.01 $ 419,257.00 Correct Runway 16 RSA Cost of this request Category 1 Project Budget Program Category / Project Name 5550.3960.7820.38 $ 243,687.90 Airport Capital Exp Account Number Funds Used to Date Program / Project Category Name 07039 3 $ 175,569.10 Airport Project Number Budgeted Item X Remaining Balance Budget Adjustment Attached P )/ Date r Date �i Q. 9-15.2as_ Finance and Internal Services Director Date Chr f of S if Date Mayor ate Comments: Fund Name Previous Ordinance or Resolution # 1138.09, 191-10 Original Contract Date: Original Contract Number: Received in City 08-12-I 1 P02-42 RCVD Clerk's Office ERED Received in Mayor's Office Revised January 15, 2009 City Council Meeting of: N/A Agenda Item Number: h1tt\T ile AVIATION DIVISION ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff Staif/Cnntract R.Pvic w Vnmmifh-,- THRU: Terry Gulley, Transportation FROM: Ray M. Boudreaux, Aviation DATE: August 10, 2011 SUBJECT: Approve Change Order No. 5 to the RSA 16 Improvement Project at the Airport in the amount of $3,944.01 pursuant to request from the Asphalt subcontractor for asphalt installed and not billed at the time of construction. Signature of the Mayor and City Clerk. RECOMMENDATION: Signature of the Mayor and City Clerk on Change Order N. 5 with McClelland Consulting Engineers to cover cost of Asphalt installed but not billed for the RSA 16 Improvement Project at Drake Field. BACKGROUND: McClelland Consulting Engineers receive a request from Sweetser Construction to cover the cost of a previously unbilled asphalt charge from the Subcontractor Hutchins Asphalt Co. Approximately 52 tons of asphalt was not billed during the construction of the project and was discovered in an internal audit of the project by Hutchins. McClelland thoroughly reviewed the request and researched all project quantities and verified that the 52 tons had been installed but never paid for. Payment is due as we received the product and the benefit it provides. BUDGET IMPACT: This project was 95% funded through FAAIAIP grant 05-0020-38-2009 which is not yet closed. Enough grant money remains available from the FAA. The project has sufficient unused budget available for this expense. City Council approved $3,085,100.05 under resolution 191-10, November 2, 2010. This request revises the total Sweetser Contract to $3,020,504.53. Attachments: Staff Review Change Order No. S 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479718.7642 479.718.7646 FAX • www.accessfayetteville.orgtgovemment(avia5on . , ....., airport economic development@ci.fayetteville.ar.us. MECLELLAND 1810 N. College Avenue r r j �+ P.O. Box 1229 I!!I'EA'CONSULTING Fayetteville,AR 72703/72702-1229 ENGINEERS,, INC. 479-443-2377. 79wwww.m' ind-en www.mcdelland-engrs.com August 11, 2011 Mr. Ray Boudreaux Airport Manager, Fayetteville Municipal Airport 4500 S. School Suite F RECEIVED Fayetteville, AR 72701 o 1 1 2011 RE: Runway 16 Safety Area Improvements AIRPORT Fayetteville Executive Airport AI P 3-05-0020-038-2009 Dear Mr. Boudreaux: A Subcontractor Hutchins Asphalt Co. of the General Contractor Sweetser Const. Co. is requesting additional money for asphalt placed on the above referenced project. The Subcontractor was provided on a monthly basis the quantity of asphalt paid to Sweetser with their payment from Sweetser. The last asphalt was placed in October 2010 and paid by Sweetser in Nov. 2010. The Subcontractor did not check the asphalt quantity paid against the quantity placed at the time of the Nov. payment. They waited until May 2011 to check and reconcile their payment to quantity placed. The Subcontractor discovered that there was approximately 52 tons of asphalt that had not been paid. MCE nor Sweetser had any record of the missing delivery tickets for this quantity until provided by the Subcontractor in June 2011. The Contractor is due the money for this quantity of asphalt. The amount of under payment is $3,944.01. Enclosed please find a Summary of the Asphalt Quantity, a letter from Sweetser Const. regarding this matter, a copy of Change Order No. 5 and the revised Pay Request No. 17 (Final). If there are any questions regarding this project, please contact us. Sincerely, BLAND COIULTING ENGINEERS, INC. Wayne o s, P.E. Vice President Enclosures: Asphalt Quantity Summary Letter from Sweetser Const. Co. Change Order No. 5 Pay Estimate No. 17 (Final)(Revised) .1:120081082153- Hwy 71 Relocation to Drake Field\Correspondence\bourdreaux-81111.doc .)udeeeeand eafusu,€tin &t urea' , 3nc. - "ikot Fargiawurrg 3vem" a . we o 2009 4 209U Ilwaxd 52ecipient Asphalt Quantity Summary Runway 16 Safety Area Improvements Fayetteville Executive Airport, Drake Field City of Fayetteville Project No. FY082153 July 28, 2011 Binder Surface Course Course Binder May 25, 2010 1069.11 Binder May 26, 2010 1533.08 2602.19 Binder July 26, 2010 652.89 652.89 Surface July 27, 2010 985.52 Surface July 28, 2010 707.2 1692.72 Binder September 20, 2010 1158.97 1158.97 Surface** October 18, 2010 212.44 525.46 737.9 Surface October 20, 2010 1148.79 Surface October 21, 2010 1387.81 Surface October 22, 2010 146.75 2683.35 Surface May 5, 2011 19.98 19.98 Total Placed 4626.49 4921.51 9548.00 Hutchins' Totals 4414.05 5133.95 9548.00 Lancaster Road 799.57 510.13 Driveways 172.09 799.57 682.22 Hwy 71 3826.92 4239.29 Hwy 71 from Est 17 3793.83 4220.46 Asphalt not paid for 33.09 18.83 ** 212 Tns Surface placed as binder on Hwy 71 SWEETSER CONSTRUCTION, INC_ GENERAL CONTRACTORS • LICENSEE) ► INSURED per�►�t 590 WEST POPLAR FAYEI I-EVILLE, AR 72703 TELEPHONE (479) 443-3026 ► FAX (479) 442-0I19 i L 4 AME4�cA August 1, 2011 Wayne Jones McClelland Consulting Engineers 1810 North College Fayetteville, Ar. 72703 Re: Drake Field Runway Safety Project Dear Sir; We have been contacted by Hutchens Construction, subcontractor for asphalt placement on the above captioned project. They have a discrepancy in the amount of product placed on the project and the amount they have been paid. We realize this has laid dormant as October was the last paving processed on the project. We were not informed by Hutchens about this discrepancy until after we had submitted our closing documents to you. We have supplied to McClelland Engineers load tickets given to us by Hutchens to cross match with the tickets McClelland's inspector received on the job site at placement. This was not a situation that we would have been able to detect as we did not have the tickets from the job until supplied by Hutchens. We have given Hutchens all proceeds based on the pay amounts prepared by McClelland Engineers. Please let us know if we can help in any way to bring this to a satisfactory resolution. Respectfully Submitted;. _< . ..... .. Wit McCLELLAND 1810 N. College Avenue P.O Box 1229 CONSULTING Fayetteville, AR 72703/72702-1229 ENGINEERS, INC479-443-2377 • FAX 479-443-9241 . www.mcclelland-en rs.com August 12, 2011 RECEIVED Mr. Ray Boudreaux AUG 1 62011 Airport Manager, Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 RE: Runway 16 Safety Area Improvements Fayetteville Executive Airport AI P 3-05-0020-038-2009 Dear Mr. Boudreaux: Enclosed please find three (3) copies of Change Order No. 5 from Sweeter Construction, Inc. for approval by the City. Please return one (1) signed copy to the Contractor and to our office. If there are any questions regarding this project, please contact us. Sincerely, D CONSULTING ENGINEERS, INC. , P.E. f Enclosures: Change Order No. 5 (3 copies) J:120081082153- Hwy 71 Relocation to Drake Field\Correspondencelbourdreaux 081211.doc Atcee4eand &uzcSu&inq &z inem, Sue. - "J3eoa E iueelulug un" a% a aao $ue neoa 2009 & 2010 awa a ecipieut CHANGE ORDER Order No. 5 Date: August 9, 2011 Agreement Date: June 16, 2009 NAME OF PROJECT: Runway 16 Safety Area Improvements (AIP Pro". No. 3-05-0020-38.2009) OWNER: City of Fayetteville (Airport Department) CONTRACTOR: Sweetser Construction Co. Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Increase the quantity for Bid Item No. 111-17: by 33.09 TN. from 3793.83 TN to 3826.92 TN as noted below. Add cost of $ 1,942.39 to the contract.. 2. Increase the quantity for Bid Item No. 111-18: by 18.83 TN from 4220.46 TN to 4239.29 TN as noted below. Add cost of $ 1,500.75 to the contract. 3. Adjust the final cost of the Asphalt Cement Binder used in the Asphalt Binder and Surface Courses mixes from the bid date to the date of asphalt placement. Add cost of $ 500.87 to the contract. Justification: 1. Items I & 2 are necessary due to a subcontractor who did not review the paid quantities paid to him by the Contractor from the completion of the paving operation in October 2011 until 6 months later in May 2011. The Subcontractor determined that the asphalt quantities paid were short. The Engineer and Contractor did not have delivery tickets for all loads delivered to the project. 2. Item 3 is necessary to adjust the final project cost for the increase in the cost of the Asphalt Cement used in the asphalt mixes from the bid date until the time of asphalt placement. CONTRACT PRICE prior to this Change Orders: $_3,016,560.52 Increase in Contract Price: $_3.944. 11 Revised CONTRACT PRICE Including this Change Order: $_3,020,504.53 Final Completion Time Prior to This Change Order: 405 Calendar Days Net Time Change Resulting From This Change Order: 0 Calendar Days Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by the GENERAL CONDITIONS. Requested by: Construction Recommended by: 2g Engineers, Inc. , Inc. Approved by: Date Date J:120 0810 8 21 53- HWY 71 RELOCATION TO DRAKE FIELDICHANGE ORDERSICHANGE ORDER 5.DOC Page 1 PAY ESTIMATE No. 17 (FINAL) (REVISED) Runway 16 Saftey Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020.038-2009 MCE Project No. FY082153 Construction Period: Date of Estimate: Submitted By: 5/112011 To 7131/2011 8/10/2011 Sweetser Construction, Inc The contractor certifies that (1) title to all Work, materials, and equipment incorporated in the work, or otherwise listed in or covered by this and all previous Pay Estimates will pass to the Owner at time of payment free and and clear of all liens, claims, security Interests and encumbrances (except such as are covered by Bond acceptable to Owner indemnifying Owner against any such lien, claim, security interest or encumbrance), and (2) all Work covered by this Pay Estimate is in accordance with the Contract Documents and is not defective. Contractor: Sweetser Construction, Inc Signature Date Original Contract Amount: $3,006,665.15 Approved Change Orders: Change Order 1 $0.00 Change Order 2 $78.434.90 Change Order 3 $0.00 Current Contract Amount: $3,085,100.05 Work to Date: $2,981,780.51 A haft Index Ad ustment +1- $38,724.02 Total Work to Date: J $3,020,504.53 Materials on Hand: Less Materials Used: $0.00 Subtotal: $0.00 Less Retain a (0%): $0.00 Arnount Due: $3,020,504.53 Less Previous Payments: $3,016,560.52 ❑ue and Payable This Period: I $3,944.01 Recommended for Approval: McClelland Consulting Engineers, Inc. Signature Date Approved By: City of Fayetteville, Arkansas Signature Date J:2008\082 153- Hwy 71 Relocation to Drake Fleld\Pay Estimates.DraksPay 17 ReVIsed Final. xis Page 1 of 7 Pay Estimate No. 17 (FINAL) (REVISED) Runway 16 Saftey Area Improvements Fayetteville Mun€cipal Airport AIP Project 3-0S-0020.038-2008 MCE Project No. FY082153 Item 8 Eatlmated Quantity Unit Desch Ion UNIT PRICE Prloe Extended Prey, QTY THIS EST QTY TO DATE EARNED TO DATE PERCENT OF PLAN SCHEDULE I (HWI 71 Relocation Earthwork & Oralna8e Culverts 1 1 LS Mobilization and Demobilization $14,000.00 $11,000.00 1 O.OD 1.00 511000,00 —iii.759.00 100% 2 12600 CY Topsoil Removal (Plan Quantity) $4.50 $18,750,00 12500 11,11) 12500 100% 3 2800 CY Unclassified Excavation Plan Quanta $5.00 514,000.90 2800 0.00 28110.00 514,000.00 100°% 4 4400 CY Embankment from Excavation Plan Quantity) $5.00 822 00 4400 0.00 4400.00 522,0011.00 100% 5 14000 CY Select Borrow Embankment Plan Quantity) $6.59 $91,0110.00 14000 0.110 14000 581,006.00 100% 6 2800 CY T soil lacernent lan Quantl $1.50 54.200.00 2800 0.00 2800.00 $4.200.00 10056 "7" 6133 CY Undercut and Ernbankmanl Backfiil Field Measured $8.00 $41,064.00 5132.97 0.00 5132.97 $41 ,063.78 100% 8 12743 SY Sill slabillzaSon Fabric $1.55 $19,752.29 12744 0.00 12744 519,753.20 1009E 9 544$ LF it Fence $3.00 $16,336.90 5446 0.00 5446 516,336.00 100% tO 2 EA Construction Entrances 1 Exit $1,000.00 52,000.00 2 0.00 2.00 12,000.011 100% "11"" 122 IF T Rods Check Dam $39.00 $3,660.00 122 0.00 122.00 13,600.00 100%6 12" 1698 SY Erosion Control Blanket $5.45 $10,344.10 2725.04 0.00 2725.04 $94,851.47 144% 13 1 EA Double 0'x6' Box Culvert Com (moulding Excavartlmn and Backfill $53,875.90 553,875,O0 1 0.00 1.09 $53,875.01) 100% 14 1 EA 5 Barrel BuS' 8' Box Culvert (Complete) (moulding Excavartion and Backfill $187,238.00 $167.238.00 1 0,00 1.09 5167,238.011 100%4 15 1 LS Melntenanced Drrirewa s & BlleyCsine 57,500. 3750(1.00 1 0.00 1.00 57,500.00 100% 16 10 AC rpny Seeding, Fertilizer and Meilchiilg 51,780. 517.500.00 1.8 0.00 1.84 83. 150,011 18% 17 1 LS TseniSi & Excavation Safety System $500.00 $800.00 1 0.00 1.00 $500,00 100% 18 10 LA New Sanitary Sewer Manhole $2350,139 $23.500.00 10 0.011 10.00 $23,500.00 100% 19 390 LF 8' OUR 26 PVC Sewer Pie $30.00 $11,700.00 390 0.00 390.00 514,700.00 100% 20" 570 LF 10" OUR 26 PVC Sewer Pipe $32.00 318 40.00 570 0.011 570.00 518,240.00 100% 21 9641 TN Crushed Stone Trench Badcfil! $14,00 $14,575.18 4035.2 0.00 1035.20 $14,492.80 99°6 22' 120 LF 18" Bored or Excavated Encasement Sewe $225.00 $27.000.119 120 000 120.00 $27 000.00 100% 23 1 LS Thlyd Pa insurance Can a Rider Amount $1.00 51.09 S 0.00 1.00 51.00 100% 24 0 LS 6'Water Line Relocation in Bailey Drive 814,5110.00 50.00 9 0.00 0.00 50.00 0%6 R5" 0 LF 12" PVC Class 200 Force Main 36.011 0.00 0.00 30.011 0% 28" 0 LB Ductile Iron Flinnga (Epory Coated) 12.50 10.11) 9 0.00 0. $0.00 0% 27 0 LF 24" Bored or Excavated Encasement (Force Main) 5226.00 U 0.00 0.00 $0.00 0% *28- 29 30 31 0 800 838 1 LS LF LF LS Connection of New 12" Force Main to Existing 12" Force Main Removal of E' Chalnrnk Fence Relocate 0' Chainlink Fence wlnew posts RrlactoSIidip9 Gate and Double Gate $17 200.00 $2.00 $10.21 $1.375.00 4 760.00 56 ,5 $1 375.00 0 880 966 1 0.00 0.00 0.00 0.00 0.00 880.09 968.1111 1.00 $1,760,00 $9,883.28 $1,375.00 1011% 116% 10036 32 1 EA Abandon Manhole 6400•011 8400,00 1 0.00 1.00 $400.00 100% 33 1 EA Must Manhole Rim Elevation to Grade 5500.00 85011.00 4 0.00 4.00 $2 000.00 400% 34" 143 LF 6" SDR 28 PVC Server Pi $32.00 S4 57650 143 O.OD 143,00 $4,579.611 10096 35" 35' 320 160 LF LF Remove Euislinig Sewer Line 24" Steel Split Encasement orce Maln $10.50 54.00 3 350.00 840,000.01) 320 160 1150 0.00 320,00 160.00 33,360.00 $40,1100.1111 100% 100% 37" 38' 39 40" 41" 42" 43" 125 112 2 133 2 17 I LF LF EA TN EA CY EA 12" Steel Split Encasement (Railey Dove Water UMO 42" Steal Excavated Encasement (Bailey Urine Sewer) Remove Commercial Si ns S Gnr,neler Badcfill !n Abandoned Cellar Plu Ends of Abandoned Pi Flowahle Fill ConnectExistin Sewer 25.00 5225.00 3890.00 $18.00 $1 000.00 $100,00 $459.00 $28,428.00 25 21111.00 4 200.00 S2 388.80 S2 000.00 59 790.00 $459.00 125 112 3 132.59 2 27 1 D.00 0.00 D-00 0.00 0.00 0.00 0A0 12650 112.911 3.00 132.56 2.00 27.00 1.00 528,125.00 525,200.00 51,800,00 $2,38658 $2,0011.00 700.00 5450.00 100% 100% 15094 1000A 100°A 159°/ 99096 44" 1 EA Relocate Water Service at Super Stop 5600.90 $0110.00 SUB TOTAL SCHEDULE I BID (ITEMS I THROUGH 83) $717,920.35 $712,428.59 101% J:1200810t2153- Hwy 71 Relocation to Drake FlektiPay EetinnatestOrakaPay 17 Revised Finalods Page 2 of? Pay Estimate No.17 (FINAL) (REVISED) Runway 16 Saftey Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020.038-2009 MCE Project No. FY082163 Eetlmated Ftem $ QURntily Unit DescriptIon UNIT PRICE Price Extended Prey. QTY THIS EST QTY TO DATE EARNED TO DATE PERCENT OF PLAN SRESULE 11 (Lancaster Rd. Relocation Earthwork & Culverts I I LS Mobillzatlon and Demabillzatlon 53,500.00 $3,500.00 1 0-10 1.00 $3,500.00 100% 2 3500 CY Topsoil Removal Plan Quanti $1.50 $5,250.00 3500 0.00 3590.00 $5,250.00 10095 3 800 CY Unclassified Excavation (Plan Quantity) $5.00 $4,000.00 000 9.00 800.00 $4,800.00 100% 4 1400 CY Ernbankmmntfrom Excavation Plan Quantity) $5.00 $7,000.00 1400 0.00 1400.00 $7,000.00 100% 5 3300 CY Select Borrow Embankment Plan Quanta $6.50 $21,450.00 3300 0.00 3300.00 $21 450.00 100% 6 1050 CY Topsoil Replacement an Quantity) $1.50 81,575.00 1050 0.00 1050.00 $1,575.00 100% 'T• 111 CY Undercut and Embankment Backfill (Field Measued $9.0 $888.80 111.05 0.00 111.05 $868A0 700% 8 5500 SY Soil Stablllzailon Fabric $1.55 8,525.00 4916.7 0.00 4916.70 $7,620.89 8996 9" 1302 LF Silt Fence $3.00 53,906.00 1302 0.00 1302.00 $3,906.00 100% •90•' 99 LF T o Rocic Check Dams $30.00 $2,070.00 99 0.00 99.00 $2,970.00 10096 71 i EA Construction EntranceI Ezlt 51,000.0 $1.000,00 1 0.00 1.00 $1 000.00 100% '12"' 900 SY Erosion Control Blanket $5.45 14,805.00 0 0.00 4.90 $0.00 046 13 567 LF Removal of 6 foot Chainlink Fence $2.00 $1,134.00 557 0.00 567.00 $1,134.00 10045 14 575 LF Relocate 6 ft Chalnlink Fence with New Foals $90.15 $5,836.25 575 0.00 575.00 55835.25 100% 15•' 0 LS Relocate Double Gate $725.00 $0.00 0 0.00 0.00 $0.00 0% 16 1 EA 5 Harrel 8 x 6' Box Culvert (Complete) 97 555.00 $97555.00 1 0.00 1.00 897,555.00 100% 17 5 AC Temporary Saadinfr, Fertilizer and Mulching $1.750.00 $8.750.00 0.24 0.00 0.24 $420.00 5% 18 1 LS Trench & Excavation Safe stem $500.00 $500.00 1 0.00 1.00 $500.00 190% 19• 261 LF 8• C900 PVC Water Lines at Scurlock $45.00 $11,722.50 260.5 0.00 260.50 $11,722.50 109% 20' 4 EA 8"Bends $300.00 $1,200.00 4 0.00 4.00 $1,200.00 1IX3% 27• 2 EA Cut and C Exinlin Waterline $500.00 $1000.00 2 0.00 2.00 $1,000.00 100% 2a" 2 EA 8" Tap Assembly 54,018. 55,030.00 2 0.08 2.00 $8,036.00 100% 23• 69 LF 96" Bored or Excavaled Encasement ate $225.00 $13500.00 60 0.00 50.00 513,500.00 100% 2A• I EA Water PressureTend $500.00 $500.00 1 0.00 1.00 $500.00 700% 25• 175 SY Rio -Rap etCuleertAprona $45.90 $7,875.00 213.25 0.00 27325 $9.596.28 122% 28" 9 EA Relniwcad Concrete Slab over Electrical Vault $3,003.00 $3,000.00 1 0.00 1,00 33,000.00 100 27' 91 TN Crushed Stone Trench Back81l $18.00 51,039.00 SUB TOTAL SCHEDULE II BID (ITEMS I THROUGH 16) $227,216.66 5214,784.43 100% HE L RI .71 RetodSblon Clir3 & Getter1 Baca Paving& Stains Dralna e 9 9 LS Mo6dlizsllod and DemoblllzalIon $20,800 $20500.00 1 0.00 1.00 $20,500.00 10096 2 1 LS Mainntenance of Traffic $28,000.00 528,000.00 1 0.00 1.00 $28,000.00 100% 3 500 CY To soil Removal Plan Gentility) 81. $750.00 500 0,00 500.00 $750.00 100% 4 100 CY Unclassified Exoavallon Plan Quantity) 5.00 $500.00 100 0.00 100.00 $500.00 100% 5 200 CY Embankment from Excavation Flan Quant $5.00 51,000.90 200 0.00 x00.00 $1,000.00 10096 6 000 CY Seled Borrow Embankment Plan Quantity) 56.50 $5,200.00 800 0.00 800.00 55,200.00 100% 7 450 GY lopsoll pacnmelit(PlanQuanhltyi $1.50 $075.00 450 0A0 450.00 $675.110 100% 0 CY Undercut and Embankment Backfll Field Measured) $5.90 50.00 0 0.00 0.00 50.00 0% 9 0 SY Soil Stabllization Fabric $1.55 $0.00 0 0.00 0.00 30.00 0% 10 3400 LF Silt Fence Maintenance8 3.00 519 200.00 3400 0.00 3400.00 510,200.00 106% 11 1 EA Construction Entrance I Eidt $1,000.00 $1,000.00 1 0.00 1.00 $1.000.110 100% 12 1 L8 TemporaryRock Check Dams Maintenance $1,000.00 51,000.00 1 9.00 1.00 $1,000.00 100% 3240 SY Erosion Control Blanket 5.45 517,658,00 773.1 0.00 773.10 $4 293.40 24% 14 0 LF Block and Aregate Filters $6.50 5000 0 0.00 0.00 $0.00 0% 15 0 EA Curb Inlet Sediment Barrier $80.00 80.00 20 0.00 20.00 $1,800.00 0% J:12 0 0 810 8 21 59- H" 71 Relocation to Drake Fieid'Pay EstimateatDrakeFay 17 RevIsed Final.Ads Page 3 or? Pay Estimate No. 17 (FINAL) (REVISED) Runway 16 Saftey Area Improvements Fayetteville Municipal Airport AIP Project 3-05.0020-038-21109 MCE Project No. FY0821153 Item # E fated Qurentlfy Unit Description UNIT PRICE Price Extended Pray. QTY THIS EST QTY TO DATE EARNED TO I DATE PERCENT OF PLAN 16' 7244 TN regale Base Course lass 7 $14.00 501,416.0D 7243•.99 O.DO 7243.99 $101,415.86 10095 + 17 4306 TN 4" Asphalt Binder 1" PG 70-22 $56.70 52 740.0D 3793.83 33.09 9826.92 5224,64020 8995 18 4567 TN 4" Asphalt Surface (1/21 PG 70-22 Placed in Two Lifts $79.70 $363 985.51 4220.45 18.83 4239.29 J.871.41 9395 19 6811 LF Concrete Curb & Gutter e A) 5.00 552 888.00 6611 0.00 6611.00 $52.888.00 100% 20 172 LF Concrete Curb & Gutter ype E-1) 58.00 81,376,00 172 0,00 172,00 57,376.00 10095 21 3400 SY Concrete Sidewalk $28.00 $05,200.00 3309.41 0.00 3399.41 $95,183.48 10095 22 22 SY HC Ramps AH'fd, Type III $230.00 $5,060.00 21.7 0.04 21.70 $4,991.00 99% 23' 240 SY FCC D#vewaya $38.00 $9,120.00 607.14 0.90 607.14 $23,071.32 253°% 24 450 TN haft Surface Course for Driveways $85.10 $38,295.00 172.09 0.90 172.09 $14,644.88 3B°% 25 450 TN regate Base for Driveways $14.00 56,300.00 425.29 0.00 425.29 $5,954.06 95°% 26• 1275 LF 16" RCP, Gass III, Wall B $29.00 36 975.00 1274.5 0.00 1274.50 530960.50 190°/ 27' 395 LF 24" RCP Class Ill. Wall B 548.50 $17,972.50 395 0.10 395,00 $17,972.50 10D% 28• 389 LF 36" RCP. Class Ill. Well 8 $69.00 $2B 841.09 359 0.00 389.00 $26,841.00 100% 29• 991 LF 30" RGP. Clean Ill. Wall B 559.OD $88,379.00 901 0.00 901.00 $68,379.00 100%6 30' 0 LF 48" RGP. Class iII, Wall B 6105.9D 50.00 0 0.00 0.00 $0.00 095 31* 9 EA 58" RCP Flared End $ecion 500.00 S4 00.00 9 0.00 9.00 $4,500,00 10095 32• O EA 36" RCP Flared End Section 51,300.0 $0.00 0 0.00 0.00 $0.00 0% 33 13 EA Inlet e C 5$0 $28 975.011 13 0.00 12.09 528,978.00 100% 34 13 EA 4' Drop Inlet Bxtenslon $500.00 S0 500.00 13 iiF 13.00 ,500,00 100% 35 4 EA 8' Drop Inlet Extension 51,000.0 $4.000.00 4 0.00 4.00 34,0 100% 36 3 EA ModlrialiontoExtetngDrorinlets $500.00 $1,500.00 3 0.00 3,00 51500.06 100% 37 2 EA Juncton Box (Type ST 52,3750 $4 750.00 2 0.00 2.00 54,759,00 100% 3B 1650 LF 4` Therm Iaslic SI'lplrtg White $0.95 $1,567.50 2060 0.00 •206D.00 $1 957,00 125% 30 1650 LF 4" The Task Sbisrig Yellow $0.95 $1,567.50 1056 0.00 105500 S1 00320 64% 40 6500 LF 4" Therm iaslic Sbi ' Saud Yellow $0.95 $6176.00 8119 0.00 6159,00 $7,713,05 125% 41 161 EA Clear Plowable Pavement Markers $28.25 $4,228.25 172 0.00 172.00 84,515.0 107% 42 181 EA Yellow Plowable Pavement Markers $28.25 $4,226.25 175 0.00 175.00 $4,593.75 109% 43 48 LF 12"Thermoplastic Slap Bars white $5.25 5252.00 63 0.00 63.00 $330.75 531% 44 3 EA Thermo lastcCrosswalk ite 5315.00 $945.00 4 0.00 4.00 $1260.00 133% 45 1 LS Trench & Excavatln Safely Systems $500.00 $500,00 7 0.00 1.00 500.00 100% 46 13000 SY Removal of Asphalt Pavement $1.30 516,9110.011 13367.08 0.{111 ,_,S 103% 47 5500 LF Removal of Concrete Curb & Gutter $3.00 516,500.00 5500 O.DD 5500.00 $16,500.00 100% 48' 22 EA Removal of Drop Inlets $350.80 $7 700.00 22 0.00 22.00 _1 49' 2307 LF Removal of Storm Denna Pipe $10.00 $23,070.00 2307 O.OD 2307.00 323,070.00 10095 50'" 1 LS Removal of Double 6' x 8' Box Culvert I. Ra9rada Channel Area $40,050.00 $40,050.00 1 0.00 1.00 $40 050.$10 10595 51 7538 SY Removal of Concrete Pavement (in Hwy. 71 $4.00 $30,152.00 7537.3 0.00 7537.30 S30 149.20 10DOA 52 1500 CV Regtade of Hwy. 71 $9.50 $14 259.00 1500 0.00 1600.00 $14,250.00 100% 53 2000 SY solid Sodding $325 $6 50D.00 600 0.00 600.00 $1,050.00 30°% 54 20 AC Seedln Fertilizer & Mulch $1 750,0D $35,000.00 14.87 0.00 14.67 525 672.50 7395 55•" 2100 LF Removal of 6' Airport Chain Link Fence $2,00 $4.200,00 3183 0.00 3183.00 $6 66.{!0 152% 58' 0 LF New5'AirpoitSecurilyCheIlLiflkfence with Barbed Wire $15,50 $0.00 0 0.00 0,00 50.00 0% 57 1 LS Trench & Excavalan Safety Systems SO. 09 $0.00 1 0.00 1.09 58 3321 SY halt Millin At Connections $5.30 $17801.39 3321 0.00 3321.00 $17,601.30 100% 59 459 SY Atpitalt Removal wlmin smiperevenescn Sections, as requIred $1.85 $849.15 456.3 0.00 455.30 $847.89 100% 60" 700 Gat Prima Coat $3.80 $2.660.00 0 0.00 O.OD SO.110 0% 81 3500 Gal Tads Coat $2.20 $7.700.00 2750 0,00 2750.00 $6,059.00 7995 62' 2 EA Relocate Fire Hydrant $750.00 $1500.2 2 0.00 2A0 $7,500.00 100% J;)2C051052153- 0 510 52 1 53• Hwy 71 Relaoat;on to Drake FiekilPey Eesrfates97rakePay 17 Revised Finel.xls Page 4057 Pay Estimate No. 17 (FINAL (REVISED) Runway 16 Saftey Area Improvements FayettevlIle Municipal Airport AIP Project 3,05.0020-038.2009 MCE Project No. FY082153 Item 8 EsBmatedr Qu unit Description UNIT PRICE Price Extended Prey. QTY THIS EST QTY TO DATE EARNED TO DATE PERCENT OF PLAN 63 2 EA TraflcSi ns 1-5 350.00 $700.00 2 0.00 2.00 $700.00 100% 64 448 LF 15" PVC Drain from Standard Rag!sIeL $32.00 $14,33800 448 9.00 448.00 $14,336.00 1009E 65' 9 EA Drop Inlet e Cl5'x 5' $2,850.00 $25,6&4.00 9 0.00 9.00 $25,650.00 100% 66' 2 EA Junction Box a ST s' x 5' $2,850.00 $5,700.00 2 0.00 2.00 $5,700,00 100% '87" 2355 LF ew8AlrpoflSerairlty0hainUnkFencewiihBorbedWim $21.50 $50,632,50 3328 0,00 3328.00 $71,552.00 141% 68' 115 LF 6" 0900 PVC 1Nater Lines at Fire Hydrant Relocations $32.00 $3,680.00 115 0.00 115.30 53,850.00 100% 69' 2 EA Fire Hydrant. coruplole $5,550.00 $11,100.00 2 0.00 2.00 $11,100.00 100% 70' 2 EA 6" Gate Valve $1240.00 $2A80.00 1 0.00 1.00 $1,240.00 50% 71' 1 EA112" x 6" Stainless Steel Tappinl9 Sleeve And Valve $8,300.00 $3 00,00 0 0.00 0.00 $4.00 0% 72' 1 EA 6" x 8" Stainless Steal 1p1n Saddle with Valve 82,900. $2.900.00 1 0.00 1.00 $2,900.00 100% 73' 275 SY Rip-RapatCuleertAprona $45.00 $12.375.00 224.1 0.00 224.10 $10,084.50 81% ++7q" 150 LF Seclai Fence and Traffic Barrier for Paschal P $48.34 $7251.00 154 0.00 150.00 $7 251,00 100% 75" 210 LF Re Cade Ditch for Small Channel Between New roatland old road) $45.00 89.450.00 162 0.00 162.00 87,9O.00 77% ++76 2 EA Remove Drainage Grates eitlrer side of Existin Box CUNert $750. $1,500.00 2 0.00 2.00 $1.500.00 100% ++77 1 EA Remove Grate Inlet Opening!; and Install Slab over Fadat Box Culvert $2,600 53,600.00 1 0.00 100 $3,600.00 100% ++76 1 EA New 8 Ftby 20 ft Double Gate North of Oki Fire Station 83,560.00 83,560.00 1 0.00 1.00 $3,560.00 100% ++70 t EA Si le 8 Ft, Gala 12 R Wide South of Old Fire Station $1,450.00 $1,450.00 1 0.00 1.00 51,450.00 100% ++80 4 EA Single8 Ft. Gate 4 it Wide Between Old Fire Station & Museum $750.00 $3.000.00 2 (L0U 2.00 51,500.00 50% ++81 1 EA Mjunt bxistinU JunOBOn Box to Grade for Std. Rag. Drain Line $3,000.00 $3.000.00 1 0.00 1.00 $3.000.00 100% ++62 1 EA teljust bitting Electrical Vault to Grade $6,000.00 $0,000,00 1 0.00 1.00 $6,000.00 100% ++83 1 EA Adjust Resting Elemrlcal unction Box to Grade $3,000,00 83,000,00 1 0.00 1.00 $3,000.00 100% ++84 1 LS Remove and Replace Conc. Ribbon Curb at Bailey Street $4.500.00 84,500.00 1 0.00 1.00 $4.500.00 100% ++g5 600 CY Additional Topooll for Bottom of of Chain Link Fence $3.50 82100.00 558 0.00 558.00 $1.953.00 93% ++56 1 LS Repair of Sid Register Storm Line by Dunk Fire & Sec. 82,016. 52,218.00 1 0.00 1.00 $2,316.00 10Dy ++67 1 LS Remove and Replace Cohn, Ribbon Curb at Shpt Street $4.500.00 $4.500.00 1 0.00 1,00 $4560.00 100% SUB TOTAL SCHEDULE III BID (iTEfa81 THROUGH 63) $1,843,428.48 $1,564,397.90 105% SCHRU I.arrcaster Drive CurSi t$utter. Scee, Paving and Storm Dra na 1 1 LS Mobilization and Demobilization 800.00 $4800.00 1 0.00 1.00 $4,800.00 100% 2 220 CY Topsoli Removal Plan Qua ' 81.50 $330.00 220 0.00 220.00 $330.00 100% 3 150 CY Unclassified Excavation (Plan Quanli $6.00 $750.00 150 0O0 150.00 5750.00 100% 4 100 CY Embankment imm Excavation Plan Quand $5.00 $500.00 100 0.00 100.00 $500.00 100% 5 350 CY Select Borrow Embankment Dian Quantity) $6.50 $2,275.00 350 0.00 350.00 $2 275.00 100% 0 650 CY T soil iacenien1 Plan Quen' $1.50 $975.00 650 0.00 650O0 $976.00 100% 7 0 CY Undercut and Embankment Backfill Field Measured 86.00 $000 0 0.00 0.00 $0.00 0% 8 0 SY Soil Stablllzation Fabric $1.55 $0.00 0 0.00 0.00 $0.00 0% 9 120 LF Slit Fence $3.00 $36000 120 0.00 120.00 $360.00 100% 10 1900 TN ate Base Course Class 7) 814.00 $26,60000 1927.25 0.00 1927.25 $26,981,50 10196 17 851 TN 4" Aa alt Bander 1" P070-22 $57.60 $49033.70 799.57 0.00 790.57 $46,055.23 94% 12 540 TN 2" Asphalt Surface 1I2" PG 70-22 $77.40 $41,796.60 510.13 0.00 510.13 S39 48d.DB 94% 13 1547 LF Concrete Curb & Gutter e A $8.00 $12,376.00 1647 0.00 1547.00 $12,376.00 100% 14 845 SY Concrete Sidewalk $25O0 $22,540.00 h0S 0O0 805.00 $22,540.00 100% 15 7 SY HCRam aAHTD Typo III $230.00 $1,610.00 6.53 0.00 8.83 $1,524.90 95% 16 182 LF 18" RCP Class Ill Wall B $29.00 85,278.00 182 D.00 182.00 $5,270.00 100% Ji200814921 e3- Hwy 71 Relx icon to Drake FleldIPey EstimateslDraknPay 17 Revised 9501.415 Page 5 of 7 Pay Estimate No. 17 (FINAL) (REVISED) Runway 16 Saftey Area Improvements Fayetteville Municipal Airport AIP Project 3.05-0020.038-2009 MCE Project No. FY092153 Item II Estimated I Quantity Unit beat. Ion UNIT PRICE Price Extended jPren. QTY I THIS 1 EST QTY TO I DATE EARNED TO DATE PERCENT OF PLAN 17 88 LF 36" RCP Class III Wall B $4.59 094.00 67.5 0.00 67.50 $3.071.25 99% 18 2 EA 38" RCP. Flared End Section _$,305 $2,780.00 2 0.00 2.00 $2.790.00 10086 i9" 2 EA Drop Inlet C) $2.075.00 $4,150.00 2 0.00 2.00 $4.150.00 100% 20 600 SY Solid Sodding $3.25 $2,600,00 0 0.00 0.00 $0.00 0% 21 12 AC SeedIng, Fertilizer & Mulch $1.750.00 $21,000.00 13.97 0.00 13.97 $24,447.50 116% 22 1 LS Channel Realignment $36.882.59 36 852.50 1 0A0 1.00 $38682,50 100% 23 1302 LF Silt Fence Makitenance $1.00 $1,302,00 1302 0.00 1302.00 $1,302,00 100% 24 1 EA Consliuelion Entrance/ ExIt $1,000.00 $1,000.00 1 0.00 1.00 $1,000.100 100% 25 60 LF Block r ate Filler $6.50 $390.00 0 0.00 0.00 $0.00 0% 28 4 EA Curb Inlet Sediment Barrier $80.00 $320.00 4 0.90 4.00 $320.00 100% "27" 96 LF Temporary Rock Check Dam $30.00 $2 89.00 95 O.IXI 98.00 $2,864.00 10 ,28" 6820 SY Erosion Control Blanket $5.45 $37,189.00 7003.33 0.00 7003.33 538 168.15 103% 29 1 LS Tremor & Excavation Safety $500.00 $500.00 1 0.09 1.00 $500.00 100% 30 2150 LF Remove Existing 6It Chain Link Fence $2.00 $4 300.00 3072 0.00 3072.00 $6,144.00 143% 31' 0 LF New 6 ft Chain Link Fence with Barbed Wire $18.50 0 0.00 0.00 $0.00 0% 32 0 FA Double Leaf Gate 12 ft $1,942 0 0.00 0.00 $0.00 0% 33 1 LS Removal of As hak Pavement & Base (3020 S5 57 500.00 $7.500AO 1 0.00 1.00 $7,500.00 10096 34 40 SY A3 hel[Millin $12.50 $500.00 40 0.00 40.00 5500.00 1 35 800 Gal Prime Coat $3.80 3 040.00 775 0.00 775.00 $2,845.00 9796 3$ 650 Gal Tack Coat $220 $1430.00 150 0.00 150.00 $330.00 23% '37" 10 F -A Remove and Relocate Slreetli hte and Bases $1965.1)11 $196 9 0.00 9.00 $17685.00 99% "36" 2285 LF ew8'AlrpoftsecuychnnunlcFencewlthBarbedWke $21.54 $49 177.50 2323 0.00 2323.00 $49944.50 102 39' 2 FA Drop Inlet C) 5' x 5 52,660. 55,7 2 0.00 2.00 $5,700.00 100 40"` 125 IF 36" Bored or Excavated Encasement Std Reg Storm Drain) 4.36 555,5 125 0.00 125.00 $55545.00 100% 41" 140 LF 24" PVC in Capin Standard Re9leter Storm Drain $86.00 $12,040.90 136 0.00 136.00 $11,698.00 g7% 3 EA Junction 50c4' x4' Standard RagleterStorra Drain) $2,800. $6.400.00 3 0.00 3.00 $5,400.00 100% 43"• 209 LF 24' RCP Standard Register Storm Drain) $54.00 $11288.00 185 0.00 185.00 59,990.00 $996 44" 1 LS Fill Jack Bore Holea (Standard Register Storm Drain) $1,729.00 S1 729.00 I 0.00 1.00 51,729.00 10096 45" 1 EA New Monitoring Well for Kearney National $4,500.00 $4 500.00 1 0.00 1.00 $4,500.00 100°1 46'" 2 EA Protection for louiatng Monitoring Wells $200.00 $400.00 2 0.00 2.00 $100.00 39096 47" 1 e0 LF Regrade Pilch for Small Channel West 0f Lancaster Dr. $45.00 $6.100.00 212 0.00 212.00 59,540.00 118% ++48^ 4 LA Double Leaf 6 Ft. Gate 12 It Wide $1,050.00 $4.200.00 2 0.00 2.00 $2.100.00 5096 ++49 1 EA Roiling Cantilever 8 Ft. Gate 26 Ft. Wide with new Controller $10,900.00 $16,000.00 1 0.00 1.00 $16,000.00 10096 SUB TOTAL SCHEDULE IV BID (ITEMS I THROUGH 35) 5496,528.70 $490,188.59 100% • Change Order No. I "* Change Order No.2 ++ Change Order No. 3 (Schedule I) $71 T.928.35 $712,428.59 100.9% (Schedule ii) $227,218.55 $214,764.43 100.0% (Schedule 111) $1.643,428.46 $1,504,397.90 100.0% (Schedule IV) $498,528.70 $490,109.59 100.0% Project Total (Schedule 1, R, 91, I $3,085,100.08 2 61780.51 100.096 100.0% J.\20091082158- Harr 71 Reloeelion to Oreke FieldtFey Eehmat nItJrakePay 17 Revised Final.xle Page 6 017 Pay Estimate No. 17 (FINAL) (REVISED) ASPHALT PRICE INDEX CALCULATION Runway 16 Saftey Area Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-038-2009 MCE Project No. FY082163 August 10.2011 Asphalt Asphalt AC I-Iighway71 Pavement Content Quanity Unit Asphalt Index Price Aril 09 May, July, Oct 10 & May 11 Increase in AC Cost Price at Bid Price at Placement Binder Asphalt Cement Price Adjustment(par Addendum) for (May 2010) 2602.19 4.13% 107.34 TN $377.50 $475.00 $10,465.68 Binder Asphalt Cement Price Adjustment(par Addendum) for (July 2010 652.89 4.13% 26.93 TN $377.50 $485.00 $2,895.16 Binder Asphalt Cement Price Adjustment(per Addendum) for(Sept2010) 359.40 4.16% 14.92 TN $377.50 $462.50 $1,267.79 Binder Asphalt Cement Price Adjustment (per Addendum) for Oct 2010 212.44 4.86% 10.32 TN 377.50 $447.50 $722.72 Surface Asphalt Cement Price Adjustment (per Addendum) for (July 2010 1692.72 5.25% 88.87 TN $377.50 $485.00 $9,553.29 Surface Asphalt Cement Price A justment (per Addendum) for Oct. 2010) 2526.59 4.85% 122.79 TN $377.50 $447.50 $8,595.46 Surface As halt Cement Price Adjustment (per Addendum for (April 2011 19.98 4.86% 0.97 TN $377.50 $462.50 $82.54 Asphalt Driveways along Hwj 71 surface Asphalt Cement Price Ad ustment (per Addendum) for Oct. 2010) 172.09 I 4.8695 I 8.38 1 TN I $377501 $447.50f$585451 Binder Asphalt Cement Price Adjustment Addendum) for(Sept 2010) 799.57 4.15% 33.18 TN $377.50 $462.50 $2 820.48 Surface Asphalt Cement Price Adjustment (per Addendum) for (Oct. 2010) 510.13._ 4.86% 1 24.79 TN $377.50 $447.50 $1,735.46 Asphalt Index Price Adjustment $38,724.02 J:12008\082153- Hwy 71 Relocation to Drake FieldIPay Estimates\DrakePay 17 Revised Final.xls Page 7 of 7