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HomeMy WebLinkAbout1977 i>~~` f h'~~.. h I > kt "%J v~r' y v([ R~'v"e~b'~vt r ar4~7 " 5' S ~ •'.'1`xy ~bT"' ~ J'F'6 r r ; ! •!~1'1 P u i 3 r R^ i~ ~ 1~ t~ d i ) t l rM y Jf !•.rv : . 1 i .Fiti,, a"~ " S ~ rrv , w ;'h A o.r ~n y♦ A. 1 2J Y .r r~ Ie 4 I~7 t A s ~ Iti} ..x' . ~ v r i y4,,` ~ " 1Yk "f t ~ a •la s a ' w r hK ~ r' a' T0 'v e. i t v >w t 'r a t t l ertr 1 ti~~ a 1 f { s C -Y OF p®IVTO W TN*2%s r 4 I l f, 1 1 t q'ti 1 1 1 u0nCIpMGATIONI; AND CONTRACT OCONMUNTIS wOq THE CONSTRUCTION 0P e NEWTON' MUNICIPAL AIRPORT r- AIRPORT IMPROVEMENTS 1 ~ - e PHASE- I LOCATION l~.M. ~i 41 ~ ~ r AMrD iY s:' 1• °i.i. rr~i w ~ FINKL A F 1 tC~:l~l fINC tNGINEIItb ~ . .1 1 i! ~1 ~ ~ r o'•l. 85 I ,~#7 1r ~ r y y'f~ ~ ~ ~r a t"1 ,r 1 ' r " i,. ! i f~y t F / 1 ~'1~+~~•~''1 #S.~'~ 'i~" 1.' t1 i;~ 44' 4 r e e CITY OF DENTON, TEXAS e e ' Specifications and Contract Documents For The Construction Of e e e DENTON AUNICIPAL AIRPORT AIRPORT IMPROVEMENTS e PHASE I 1 e e e 1 ' Prepared By SHIMEK, JACOBS 6 FINKLEA e Consulting Engineers Dallas, Texas August, 1977 1 1 CITY OF DENTON, TEXAS V i MAYOR Elinor Hughes 1 ' CITY COUNCIL Mary C. Gay Joe Mitchell Bill Nash Richard 0. Stewart. 1 CITY t.'^'IIAGER ' Chris G. Hartung AIRPORT BOARD CHAIRMAN ' Wally Reed AIRPORT BOARD MEMBERS Oran Crouch Nancy Hundley Ed Moorehead ' Roland Vela 0. Walston Gene Wright ' TABLE OF CONTENTS ADDENDA NOTICE TO CONTRACTORS ' PROPOSAL AND BID SCHEDULE CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY t WAGE RATES t WAGE, LABOR, EEO ANT.) SAFETY REQUIREMENTS SECTION A Federal Aviation Administration Requirements ' SECTION B Secretary of Labor Requirements SECTION C Equal Employment Opportunity Clause SECTION D Health and Safety Requirements SECTION E Air and Water Quality Standards STANDARD FORA Of' AGREEMENT ' FERFOR.'~SAN!"E BOND PAYMENT BOND ' SPECIAI. CONDITIONS fNERAL FROVISIO":) SECTION NO. SFCTICN DESCRIPTION ' 10 Petinition of Terms 20 Proposal Rt~,juirements and Conditions 30 Aw,ird and :Execution of Contract 1 40 Scope of Work 50 Control of Work 60 Control of Materials ' 70 Legal Relations and Responsibility to Puhlic 80 Prosecution and Progress 90 N!iasuremt:nt and Payment ' TECHNICAL SPECIFICATIONS ITEM NO. ITEM DESCRIPTION ' 1 Excavation and Embankment 2 Lime Treated Subgrade ' 3 Flexible Base (Crushed Stone) 4 Hot Mix Asphaltic Concrete 5 Prime Coat 6 Reinforced Concrete Pipr Culverts and Headwalls ' 7 (This Item Delet?d) F 160 Wire Fence With 4,ood Prsts F 901 Seeding ' F 611 Compaction Control Tests i 1 CIr1Y DV I;_;P:•i'0.1, 'iEXi,3 ' DE"ITON MUNICIPAL AIRPGi<i IPIPROVEMNTS, PHASE I, P. IA CATION; OF F.'M. 1515, FAA PROJECT No. 5-48-0067-04 ' ~lilOE` OUK NO. I SEMTEMOER 26, 1977 ' The plans and specifications for construction of Relocation of P.M. 1515 are herehy modified as follows: ' I. NOTI03 TO CONTP.1CTO?5 In the first sentence, delete the phrase "will be received at the ' office of the City Manager," and substitute the Fhrase "will be received at the office of the Purchasing Agent,". ' II. Reference is wade to Sketch 2 to accompany Addendum No. I to Phase 1 Contract which shows removing and salvaging existing wine fence and installing new class B wire fence at the south rnd of the N/S Runway. The existing wise fence to he reroved on Sketch t:o. 2 shall be included in the t lump sum quantity under Item No. 10 of the Proposal and Did Schedule. Under Item No. 12, class B wire fence, delete the quantity 3,000 LF and substitute the quantity 6,430. On She>t I'o. 2 of the plain, the NOTE: Stockpild all barbed wire---, in the upper right corner, add an additional quantity of 3,770 linear feet for a total of 9,000 L.F. 111, OPTIONAL BID 11 On Sketch No. 1 to accompany Addendum No. I to Phase I Contract is shown the work included in claaring the north clear zone at the north end ' of the N/S R moray. iha City desires to receive a lump sum bid under Optional Bid A and the enclosed Bid Schedule is provided for the pvxpose of submitting the bid. ' IV. The Contract shall acknowledge receipt of this Addendum on the outer envelope of his bid, as well as in the appropriate space in his Proposal. SHIMEK, JACOBS & rINXIMA ' Consulting '.ngineers 1300 Adolpius Tower Dallas, Texas 75202 1 ego'OS-kL r 70 'ik(E CI'iY 0:' UE_ITON, TEXAS (OWNER) D"r.t:4ol NUNICIPAU AIRPORT ' AIRPORT IS:PPMF:1ENTS PHASE I ADDF,M-N NO. 1 The undersigned, as bidder declares that the only parson or parties interested in this proposal as principals are those named herein; that his ' proposal is rade without collusion with any other person, firm or corporation; that he has carefully exazdn_d the fora of contract, notice to Contractors, specifications and the plans th?rein referred to, and has carefully examined the locations, conditions and classes of raterials of the proposed work; and agrees that :.e will provide all the necessary labor, machinery, tools, appara- tus and other items incidental to construction, and will do all the work rnd furnish all the raterials called for in the contract and specifications in the t nanner prescribed herein. It is undrv:ood that the following quantities of work to be done at ' unit prices are a?proxiaate only, and are intended principally to --rve as a guide in evaluatir.g bids. ' It is further agreed that the quantities of work to he done at unit prices and cateria1 to be furnished nay t'e increased or diminished as nay be considered necessary to cozziplete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be per- formed at the unit, prices set forth below eycept as provided for in the speci- fications. ' It is further agreed that lunp-sum prices may be increased to cover additional work rot shown on the plans or required by the :specifications, in accordance with the provisions of the General Provisions. Similarly, they ' nay be decreased to cover deletion of work so ordered. . It is understood and agreed that the work is to be completed ire fall ' within the time designated in the special Conditions of these specifications. Accompanying this proposal is a (Cent Pied or Cas'hier's Check payable ' to the OWNER) (Bid Bond) in the amount off ) Six Hundred Dollaxs($ 500.00 The bid security accompanying this proposal shall be returned to the ' bidder, unless in case of the acceptance of the proposal the bidder shall fail* to execute a contract and file a performance bond within ten (10) days after its acceptance., in which case the bid security shall become the property of the Ur7NER0 and shall be considered as payment for damages due to delay and other inconveniences suffered by the ONtJER on account of such failure of the bidder. ' The City reserves the right as the intere st of the OWNER may require, accept or reject any and all bids and waive infoiralities in connection with such bids, except the requirements that the question ragardinghe President's Execu- tive order 11246 or Septeccber 24, 1965, to the Egjal Opport y Clause and to ^ertification of t:on-Segregated Facilities has been complied with. ' P&BS-1A ' OPTIwAL UID-A (Addendum No. 1) t Item Estimated Price in No. Quantity Unit Description and Price in Words Figures P:aount ' lA 1 LS For clearing in north clear $12,000.00 $12,000.00 zone, the sum of Twelve _ Thousand ' Dollars and _ No Cents per Lump Sum. TOTAL (Optional Slid A) $ 12,000.00 1 1 , 1 1 1 ' ' PSD5-2A 1 , In the event of tha a-.razd of a cxitrr.ct to the i!cjclerr.igned, the u;nler- sniynad will furnish a performance bond :nd jvtZ Brent }fond for the full ZL!r,WLnt of the contract, tc secure prop=_r compliance with the tems and provision.: of the contract, to insure and guarantee the work until final completion and accep- tance and to guarantee payment of all la,,rEul clains for labor perfozned and materials furnished in the fulfillaant of the contract. The work proposed to be clone s~12i be accepted when full; completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The and e-rsigned certifies that the bid prices contained in this proposal have been carefully checked and are subaitted as correct and final. PA'T'E: Unit and lump-sum prices must be shown in words and figures for each item listed ' in this proposal, and in the event of dis- crepancy the words shall control. Receipt is hereby acknowledged of the following addenda to the contract: documents: Addendum No. 1 Dated 9-26-77 Received Yes Addendum No. 2 Dated 10-03-77 Received Yes Addendum No. 3 Dated _Received _ Addendum No. 4 Dated F.eceived Addendum No. 5 Dated Received 1 1 1 ' FFBS-3A rC"'r'ICAiIOY (P HID, :.c HWARIM 0 f3tUAL F4eLO'002M 0??0?,nrI 7 C rmn nM7 _qS 27--rs :Marriott Bros. Inc. ' ADIMSS 11300 :dine Dr. Dallas, Texas 75229 3.3i'i'%.ML R•, LMrZ SE-JUICE F2,T1 '.MR IDI TI ICAMM NUx--EC2 75-144.5543 11MME=C-A=- FACILMT3S i ?iO=CE TO P OSF~:C=r, F=- 7.RALrY ASS2ST=T CONS PUCT10 r COYVAMRS: (1) A Certification of Nonsegregat'd xani33ties rzst be sub=ltted ' prior to the av3-rd of a fed-rally vsaiated construction contract: exceeding $10,000 Naich is not exe=t f:= -the provisiona of the equal opportunity clause. i' (2) Contractors receivuia federally assisted const uction,c.,,tract wards exceeding $10,000 xaich are not ex_---pt from to` pro•rijjions ' of the equal, ooportu,i r clause vill to required to proti•ide for the forvard.Lng of the following notice to prosp-ective sub- contractors for cupplies and conatxuction contracto vbere the cubcontracto exceed $10;000 end cre not exe=pt ft= the Dro- visions of the equa opportunity clause. NOTE: rile penalty for mking state=mts in offers is prescribed in 1$ U.S.C. 1001, ' NOTICE TO PEW.*YZCT1M SUBC0T tAC VRS Or REgUEM-MiT FOR CERTIFICATIOlY Oil NMISE(a2t"• AM FACIL=S: ' (1) A Certification of Nonsegre6-sted Faciliti*s =-Ist be submitted prior to. the avard oa a subcontract oxcaeding $10,000 which is not exempt fin tbs provisions of the equal. opportunity clause. ' (2) Contrac+ors receiving subceatract avsrds exceeding $10,000 wbicb are not ex=pt frc= the prcrrieions of the equal opportunity ' caluse -41-1 be required to provide for the forwarding of this notice to pro"ctive subcontractors for supplies and constr-ac- tion contracts where the subcontracts exceed y10,000 end are not exempt*f7aa the provisions of the equal, opportunity clause. 1iOT8: mkl!z penalty °or rAking falne etuterr_nto in offers iu preacribed in 18 U.S.C. 1001. 1 PARS-4A T T''~ I a'~ue ecd,ara?ly assisted construction contr•utox certifies that b: does not mintain or provide for his o-playees any segregated z'a.iltties et any of his e9tab1.i32rznt3, end tiat he does not permit his t=.)loyees to per:o= th_-ir serrices at eny location, under his control, whim oei,-r_gated facilities LLr-a malntained. The federal-4 assisted construction. con"aeGar certifies furtber that he will not raintain or p:mrida for ec*lo•,yaes ai,y segregated facilities at W of his establist=nt3, iLnd that he vill not permit his employees to perfeirn their ap.•.-tces at r-ay location, under hia control, where segregated f^.cili' :es are rsin;ained. The fed.er&lly assisted construction c;,....ra.: Yor agrees that a breach o" this certification is a violation of' the equo' opportunity clsux in thin contract. As used in thin ce. tificatioo, the term "st gated facilities" peens any vaitiag roc---9., vor's e_--an., restzvc=.3 erid vv.shroo... rester -aunts a.^.d ot':zr eatlao s:•ess, ti~c!oc'ca, lockar roc..-is end other sto,a,;e or a,-ens, pa:%^ lots, 6-rin%4 ioun`.aiaa, recreation or entertainrear. areas, tre saortation, and. Musing fac.tlities provtded ' for e=ylny-es vhich are aegregated by explicit d xective or ere in fact segregated on the basis of race, color, ralirion, sex or ratioa l origin, beceuae of habit, local custors, or any other reason. ice fedrrsLy r.3sisted con3t Lction contractor a6rees that (except Vhere he hs,a obta+_red identies.l certifications fzc= pwposcd subcont_-actors for apacL°2c tla-- reriods) he vil..l. o:.tain identical certifications fi~= p~,-,posed subcontractors prior to the avard of subcontracts exceeding $10,000 which exe not exc=t iron the provisions of- the equal opportunity clause, and that hn will retain such certifi- 1 eatiors in his files. HCTICE cd PRG$F.EC rifE CCtiV,AGL RS OF RZqUIRr1J.= FOR C:~. r'IC=O,1 OF 2iDri'5E~EG~ED T:AGIL.:CL.S: A Gertifiestion of Nonsegregated Facilities cast be submitted prior ' to the av&-d.of a comet or aubcontract exceeding $10,000 Vatch is not exe=rt from the provisions of ttt~ Equr.,1 Opportunity Claase. ' Certification - he l.afr :7stion above is true and ce=plete to the beat of rV }mcvladga and belief, ' J. R. Marriott Secretary ' Name and 't'itle of Signer lease Type I" . 10-5-77 S gn i tu4--e- Date ?1=: ahs pan31ty for caking false atah r.t3 in of'f'ers is prescribed ' in lB U.S.C. 1001. P&BS-5A Tf1c Bid:ler (Proposer) shall complete tlua f0,110'.+in9 :.taLen,nt by checkincf the appropriate boxes. EX The Bidder (Proposer) Las J has not ~J ?articipated in a pre- vious contract subject to the Equal Opportunity Clause prescribed by Fxecutive Order 10925, or Executive Order 111141 or Executive Order 11246. The nidder (Proposer) has Ixl has nut El submitted all coLipliar.ce reports in connection A,i':h any such co.ltrac'c due under the applicable filing require- rents; arnl that representations indicating submission of required compliance reports t signed by proposed subcontractors will to obtained prior to award of subcontracts. IE the Bidder (Proposer) has participated in a previous contract subject ' to the Equal Opportunity Clause and has not submitted compliance reports dua under applicable fili.ig requirements, the Bidder (Proposer) shall submit it compliance report on Standard Form 100, "Employee- Information Report EEO-l" prior to the award of contract." 1 ' Marriott Bros., Inc. Contractor xy t Title) 11300 Kline 1r. (Address) ' tiallas, Texas 75229 (City and State) ' Seal anct Authorization (If a Corporation) 247-9681 (Telephone) t ' rfhe bidder (Proposer) shall complete the "Certificatiul of S W er Ragarding ' Equal Enploy-nent Opportunity" on Sheets P&US-7 and FbUS-8. ' P&BS-6A o • """j~"".~"""°' , , y ,•r, kSiF ti , TiGTE: Under Optional Bid A, the Contra, tor shall remove and dispose of all houses, barns, . tieds and the r i 1 '1W W ailos at tha north end of the North/'outh Runway as shown on sketch No. 1 and all adjacent fences and 'oRr R.O.W. r yy~' ; aI A k$IS ~r 1 ~ r A. ~ undations of such structures to 1.0 foot below ;round. All tree, and bushes within hatched area 1~ A nY shell be cleared down to the ground end disposed of L, ~ Use of explosives for wreck,,ny silos is permitted provided the Contractor confor*,s to all requlations of local, state and federal go~.rruaents. o.• ii SHEG 1 r i F , e , REMOVE STR Y 5,TIN BARN SHED , (SEE I~O~~~ 0 p I STORY FP,;ME i ' } r HOUSE (3C x 300 r 6• CONCRETE SILOS y tti r 4r :1. f' 0 Q Ial!' Q U I ~0 N 850' N x. 50 • DIM LA Q g n I-STORY FRAME OLD HOUSE t HOUSE (40'X 40'1 f , . i I 1 s r F y F ~ ~ {1 0 NORTH R.O.W. 1 r I , - t F.M. 1515 ~~.A I' r 44. 1 !'r SKETCH NO.] TO ACCOMPANY ADDENDUM NO A ~ + ,I TO PHASE t , ' 1 CONTRACT r~ ' PENTON MUNICIPAi, A.IkPC+i:'T II:PRt)VEMENTS, PHASE; I, 1 51 5 , Pt'. LOC: ; I O'+ 0" P.M. E ixA PIF JJECT NO. 5-18-0067-04 ADDENDUM NO. 2 ' October 3, 1977 The plans and specifications for construction of Relocation cf F.M. 1515 are t:~reby ;-,odified as follows: 1. SKETCH 170. 2 Sk-itch No. 2 to accompany Addend-um ':o. 1 to Phase I Contract is reviced to shoe a new location for installing Class R wire fence at the edge of the wooded area at the southwest corner of the :ketch. Any clearing r•-:(f.iired to build the fence is considered subsidiary to Class 13 wire fence. II. CLEARING RFC)UIPED IN CONNElION WITH CJ:+STRUCTION CLASS A SWIPE VENCE, CLASS B WIP, FENCE AND PWKOVING F~:7D Si+L%"GI4:G EXISTII:G ;i1F.E YE::CE All clearing of trees and bushes required to rcrove and salr,lge existing wire fence, iten No. 10, for constructing- Class A and Clas: 1; wiro: fon,L' with wood posts, Items 11 and 12 is considercc. subsidiary to these items of work and no extra pay will be made for such clearing. ' III. DETOURS At the locations where the proposed roa3 connects to the existing io-,cl, the Contractor shall furnish a temporary' detour enil warning signs at each location as required to handle one way traffic during construction. 'Ihe cost ' of such deto,.irs shall be subsidiary to items for which payment is made. IV. The changes included in this addendum do not affect the pork roquired under OPTIONAL B70 A. V. The Contraacor shall acknowledge receipt of this addendun on tht+ outer envelope of his bid as well as in the appropriate space in his Proposal. t rfII1.1FK, JACOLBS F FINKLEA Consulting Fngineers 1300 A3ol.phus Tower ' Dallas, 'texas 75202 ~ r i ~ lie .r Y. a . 4 BAL ---~i--? 1104 f FRU PR INSTALL CLASS"B" ` . TIE INTO Y r It „ WIRE FENCE EXISTING FENCES ADDENDUM REMOVE EXISTING ,y►t~ NO. 2 REVISION WIRE FENCE !4J Y ` ~ - BOUNDARY OF LOCALIZER RESTRICTED AREA FUTURE ELEV. 626.8 ' • i.~~ 1~ • ~1 { d 'p . ~ ~ ~ Ht~~r rriY x!1 iV n~~ 1 M r'+ U ARE EXISTING NORTH-SOUTH RUNWAY LOCALIZER ' ANTENNA w ~a .a _ • : fv- LOCALIZER ACCESS ROAD. ' (BY OTHERS) LOCALIZER a' , . rr ".~'--lIk 40~,~ INSTALL CLASS B~ URA, WIRE FENCE r li h.x _ _~f REMOVE EXISTING FENCE i- j top 40 LOCALIZER POWER POLE TIE INTO CA% (BY OTHERS,) ;i ,"t EXISTING FENCES or. oil f", tt SKETCH N0,2 TO f ACCOMPANY ADDENDUM NO.I TO PHASE I CONTRACT U , REVI ED X0/3/77 FOR ADDENDUM NO. 2 NOTICE TO CONTRACTORS Sealed bids addressed to the }(onoiable Mayor and City Council of Denton, Denton County, Texas will to received at the office of the City Manager, City Hall, Denton, Texas i:ntil 10:0', A.M., ':ctoler 1;77, and then publicly opened and read for '."l:e construction of Denton Municipal Airport, Airport Impruvo- rents-Phasa 1. FAN Project No. 5-48-00157-04. The City desires to receive bids for the relocatir,n of approximately 3:100 linear feet of F.M. 1115 at the north end of the existinc north-south runway. ' Included are 4,r00 curie yards of unclassified excavatioi, 1250 compacted cubic yards of flexihle base, (crushed stone); 8,100 square }:rds of 6-inch lime treated SUr~Ydde, tons of hot mix asphaltic concrete paveme-it, 1~'2 linear f~'t 1"el::- ' forced concrete culvert pipe, wl Ye fencino, seeding anri miscellanenus inprovements. lrolosalr; shall be accompanied by a cashiers or certified check upt.- ' natiu:,al '-T t;lt o bani; in an amount nct less: than five percen*. (5%) of the total a^.~3',L t?Ia i.'a7ab1C wi t:Ol:t Il "~7r8e t0 the Clt}' Of Denton, Texas, OY d bid l~~rki in tFl" sane am,~-unt from a reliable surety company, as a guarantee that the 1'4dder will •snter into a cerltra.-t and execute FerforT-.Ince Bond within ten (10) da}'s after notic-` of aw.vrd Of contract try him. Tne su.cossful bidder must furnist, Performance and Pavment Ponds uPoTn the to2m }rcviaEd 217 the l"lgllnt of 1Y) Y) percer.t of thr• ,_ontract. price from an a;'l'tovcd S'.: .`ty C,.i'JAny hrldl o a }'"~Imit from the State nt Texas tU act as surety, or other EU2'Pty 02' c7I't't7Fti aC; ept3f1,' Yip the 'o'wn-r. it i~ I, _11,:rd:,rl : 9~ ,:•i,~ 1i t, v ti'.I tr 1121+ . ~f } tomh-r <41 1 Ir 3 t" t 11?lit ldllf r' Rtali ~ in t}le 12,E}`O tid1. ir" L.`r 3tir1 1-"Ired 1;r +hr' Ri,l m- } j} FOr.- The sl~','1,!'.sIllI bidrle2 will lie r~.-q-lired t,, submit a Ccrtificatior: of N,)n- Sryregdted Fa ilities lrinr t1') lwar(l of the CO?lt YaC . and to notify prospective Subcontractors of the I3.luirer-ont for fsu ".;h a r7ertificatlon. Samples of the Certi- f1cation ar.d tr:❑ Nr'tizc L;7 a11~_',7rit Ya.tOYS a1-}ear in tt'.,- specifications. ' 1dOr, will re :3ffCldl-] rqual oipottunity in all areas of emplo}'rent. IfOw- n,'r r t}}. `.1'~'i mr-'ryt- C`~ 41 '~`=_.'1 0.., ill 7l(A diminish the St ]ndgrdr ')Y YC'?']l Y,..•^,eltti for t}tr mploy-ment of minoritiea. M A contractor having fifty or more employees and his subcontractors having fifty' or rerc employees who nay be awarded a subcontract will he required to main- ' tails an affirmative action program within 120 days of the commencement of the contract. The City reserveF Cho riU'It to ac Sept or reject ar:y and all bids arA to ' wa.ive any 41nf~lrmalitips in conne-t ion with reel bids except thnsc requirements related alxtve. e Plans, specifications and bidding documents may be secured from the office e of Shimek, Jaccrs & Finklea, Consulting Engineers, 1300 Adolphus Tower, Dallas, Texas, '202, on deposit of $25.00 per set, which sum so deposited will be re- fundt~i, provide-d the provisions of the specifications regarding the return of su~_h document: ire complied with. 1 e CITY of PENDON, TEXAS B/ Chris G. Hartung Chris G. Hartung City Kanagcr e e e e e e e r r r ' PROPOSAL TO Tin: CITY OF DFNTON, TEXAS (0VTNER) DENTOFI MUNICIPAL AIRPORT AIRPORT IMPROVEMENTS P11P.S£ I The undersigned, as bidder declares that the only person or parties ' interested in this proposal as principals are those named herein; that his proposal is made without collusion with any other person, firm or corporation; ' that he has carefully examined the form of contract, Notice to Contractors, specifications and the plans therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposeo work; and agrees that he will provide all the necessary labor, machine, tools, aphara- tus and othcr items ir_idental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein. It is understood that the following quantities of work to be doi;e at unit prices are allroximate opl'y, and are intended principally t~ serve as a quide in evaluating bids. It is further agreed that the quantities of work to he done at unit prices and material to be furnished may be increased or diminished as may be consid-red necessary to comple`e the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to he l.er- f.,Ir-d [It tho unit irises set forth below except as provided for in tht~ It i f _Irthe2 a•;reed that luml --,am 1 r ices may he increased to t over i IiL ie:,al work nit showii on the 1•lans or repsire:9 1)•{ the spec ificatio:Is, it, ' :L ~'rddt ~t Witl' tnC' 11 ~V1N10r5 of the c;er•,c I'al irOVlSlonS. Slm:larl'j, they V? 1:e ..t:,:roaseki to t,O~C1' Jclotlrn of work So ordoxed. It is understood and agreed that the work is to be comlleted in full w0 hin the time designated in the Special Conditions of these specifications. ' "vC(rrpanyinq this proposal is a i,:ertified or Cashier'E-Check 1-ayable to th lBid Rnn9) in the amount of --_-----------Dollar=(~----- .l Tht bid security accomFanying this proposal shall to returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail to execute a contract and file a performance bond within ten (10) days after its acceptance, in which case the bid security shall become the property of the r1W1JF1, and shall he considered as payment for damages due to delay and other in~_•<,nve,iicnces sufferfxl by t,.e UI~t.ER on account of such failure r)f the hi filer. ' The City reserves the right as the interest of the OA'NFP may require, to accept or reject any and all bids and waive informalities in connection with such bids, except the requirements that the question regarding the President's Execu- tive Order 11246 or September 24, 1965, to the Equal Opportunity Clause and to certification of Non-segregated Facilities has been complied with. P&RS-l RID SCHEDULE Item Estimated Price in No l~ t~nlt PCSCriptiOfl and 1,rice in Words _f~UreS t1R1.-`'Snt 1 4('00 Cy For Unclassified Excavation, the siv-, of _ Dollars . and-------v--~-- Conts p,,r Cubic Yard. 810 SY For 6-inch Lime Treated Subarade, - - the sum of--_- ' A--_- Dollars and _ Cents per Square Yard. z 11` Toni For Hydrated Lime, the sum of and - Cents ler-Ton. 4 l ~Sn Cy (4.'O[7}a~'e~31 ~ thE, ,um of _ nIt Fnr 1 li~-in:h Hot Nix ,l Fhaltit c'nts E•'r "mn. 6 ?Gal. For Frimr Coat, the sum of - i~~~ll:lrs anj C nts Cr E'f'-allon. ' {'F VS - 1 Item Estimated Price in ' No Quantity Unit Description and Price in Words Figures Amount 7 ?2 LF For 2 24-inch Reinforced Con- crete Pipe Culverts, the sum of Dollars and ' Cents per Linear Foot. ' 8 38 LF For 18-inch Reinforced Concrete _ Pipe Culvert, the sum of Dollars ' and Cents per Linear Foot. ' 9 - 3.46 -CY For Reirifcr,:cJ Concrete Headwalls, the sum of__ _ ' - Dollars and Cents ]c_r Cubic Yazd. 1Q 1 S Foa Re1in' II alva(3 1 F,Xit- i rnr tiff i r~ 1'ar,c t hr• rf I~ol lays .and p'l F 'Ir, , -"Ir ' For cla!;s :1 Wire Fence with Wood s' the skin C)'__ - ' Dollars ;and C, .,t', i .•r Linens- o: t Wnod P-;t s, tl;~,utn ~f Pollan a,. 3 t ~nt I or i hear F(,ot_. ' F f.FfB-3 ' ?tem Estimated Price in No. - uantit~ _Unit Description and Price in Words Figures - Amount 13 2.0 - Acre For Seeding, the sum of _ Dollars ' and _ Cents 1!er Acre. ' 14 60 `M al. - ror water for Seeding, the sum ' -,Dollars and Cents per Thousand Gallons. 15 800 Lh. For Fertilizer, the sum of ' - i- - - Dollars and_ Cents per Pound. 1.6 1 Ea. For Drircwap .,atcs, the sum of Dollar-- ' tents pt-i Ench. ' 1? 1 Ea. E' it teal k.wa'; 3tes, till s01"' Of ---Dollars and---- i-- Cents per F',acli. t T, TAI, 1411) (Rclns 1 thru 1'7? 1 P&B5-4 1 1 In the event of the award of a contract to the undersigned, the under- signed will furnish a perfctmance bond and a payment bond for the full am,)unt of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and quarantee the work until final completion and accep- t;3n:e and to quarantee payment of all lawful claims for labor performed and ' matez'ialc furnished in the fulfillment of the contract. The work proposed to he done shall be accepted whe.z fully completek'. and ' finished in accerdanc~ with the plans and specifications, to the satisfaction (if the Fngineer. The undersictied certifies that the bid ,rices contained in this proposal ' have been carefully checked and are submitted as correct and final. N?jTF: Unit and liir.p-sum prices must be shown ' in words and figures for each item listed in this lrcl sal, and in the event of dis- crelancy the w--)rds shall control. ' ficc_ it t i~; },ercbr iA;-, -4lt.,dle3 of the fol]owinq addenda to the c~-ntract _.:~cnts. ed fieceived ' Addo-Aun No. 1 Pat Addendum Nu. 2 [ate3 F,eceived Addendum No. 3 mated Received------- ' Adderm No. 4 Addend- 1r3 17c5 Dated -Feceived- 1 1 1 1 t 1 1 1'F.flS-5 i i i CERTIFICATION Ov BIDb°.R REGARDING EQUAL FleWymm OPPORTUNITY ' OWERAL ' BIDDERS NAME ADDRESS INTEMAL REVENIN.. SEEM= 12CLOYER IDEMIFICATION NUtU3E:R i NONSFCfEGATr.D FACILITM NOT:Ct TO PROSPEr= FE'DE4AIM ASS11STED CONSTRUCTION COY RACTOR::: i (1) A Certification of Non gegated Facilities mist be submitted prior to the avard of a ederally assisted construction contract i exceeding v10,000 which is not exerspt from the provisions of the equal opportunity clause. (2) Contractors receiving federally ao~-istnd conetruc~ion contract a•rard9 exceeding lO,OJO which are not exemnt = the provisions of the equal opportunity clause will be required t) providc i~- the forvarding of the following notice t•o pros.*c, ive sub- i contractors for supplier and conotruction contra_te where the aubcontrs.tc exceed :iO,O00 and are not exc^pt Pram the pro- vinions of ':L~ c-lual orportunity clause. N0'i:: Thr penalty for making rt3tenents in offers it prescribf•' in W U. .C. lo, , i NOTICE TO F'R~S CTI17 SJBCON-rRf,7DCORS OF Rs''J1RfM?T FOR CFRrIFICATIV-N ON NONSFORLaATKP FACILT:lYS: i (1) A Cert:ficittcm of Nonsegregated Facilities coat be submittel prior t;, the avard of a subcontract oxxeeding $10,00O which it i not excnpt f'.'Om the provisions of the equal opjN~rtinity cln•arr. (2) Contractors receiving subcontract avarda exceeding t1O,0cN .,hich ore not ex.~t from the provisions of t-he equal opportunity i clause will be required to provide for the forwarding of thin notice to pro"etive subcontractors for oupplies and ,onnt ac- tion contracts where the subcontracts exceed ,•1.0,000 t►nd ore i not ex=pt from the provisions of the equal opportunity clnurc. NOTE: The penalty for rtiakinR false statements in offers in prescribed in 18 U.S.C. 1001. 1 1 1 1 1 1 CERTIFICATION OF NORISEGPZG1TID FACILrrM: 1 The feder&l-ly 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 }emit his e=ploy%-es to perform their services at any location, under his 1 control, whir"- segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or pro-.-ide for his employees any segregated facilities at 1 any of his establishments, and that he vil.l not pernit his employees to perform their services at any location, under his control, there segregated facilities are maintained. The federally assisted 1 construction contractor agrees that a breach of this certification is a violation of the equal opportunity clai a in this contract. As used in this certification, the term "segregated facilities" rwans any waiting roads, work areas, restroomae and vcshroons, restaurants 1 and other eating areas, timeclocks, locker rotas and other storage or dressing areas, parking lots, drinking fo3ntrins, .ecrcat..on 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 cus+- , or any other reason. The feder&Uy assisted construction contractor nrc,es that 1 (except where he has obtained identical certifications fr= proposed subcontractors for specific time pericds) he will obtain identical certification's from proposed subcontractors prior to the award of 1 subcontracts exccedizig '10,000 which ere nor e>(Zpt from the pro%• r._ons of the equal opportludty claruse, and that 'r will retain sues certifi- cations in hie files. 1 NOTICE TO PROSPF MYE CQ?i'I'FACTORS OF PZ',1L I UT= FOA CERTIFICATION Or NONSEGREGATED FACIIXrEES: 1 A Cert!r'lcation of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding :10,000 whic:. is not exempt fr<' : the provisions of the Equal Opportuni+;r Cl b arc. ' Certification - The :nfc,rmation above is true and complete to the best of rW knowledge and belie!. 1 !Torre i dTitle of Signer (Ple%se T:.;'c~~' 1 . 1 gna turf. Date 1 NO'T'E: The nalty for making false statc=rts in offers is prescribes in I`peU.S.C. 1001, ' I'&l+S- ' The Bidder (Proposer) shall complete the following statement by chec),ing the appropriate boxes. The Bidder (Proposer) has has not participated in a pre- ' viou, contract subject to the Equal Opportunity Clause prescribed by Fxecutive Order 10925, or Executive Order 11114, or Executive Crder 11246. t The Bidder (Proposer) has i__, has nr,t submitted all compliance reports in ccnnectien with any such contract due under the applicable filinu require- ments; and that representations indicating submission c, required compliance reports ' signed by proposed subcontractors will be obtained prior to aw,.rci of subcontracts. If the Bidder (Proposer) has participated in a previous contract subject to the Equal Opportunity Clause end has not submitted compliance reports due under t applicable filing require-,ants, the Bidder (Proposer) shall submit a compliance report on Standard :'orm 100, "Ehployee Information Report EEO-1" prior to the award of contract." 1 ' Contractor ' reify and State) Seal and Authorization ' (If a Corporation) ("eIephoncl t ' The Bidder (Proposer) shall complete the "Certification c)f Bidder kogardinl Erpsal Erployment Cpportunity" in Sheets P&PS-7 and P&RS-8. CUPIirMUS DxISION ITATpI Tuu Crt poi Fit mole, De,,'t M. Hood, Jack, JaM aen, cola Plata pace W , Parker, So rval 1, 2'- T`rr~ t Wool n..t include 0ellee-yore DECISIrM MU. r%)F. <I9) O loyal Ulport) S. I$ea i~ DE:25:ON NO.1 2471.411) nkrrt Date of %blicatlon Su±Craedes Gecl.lon Ao. TA77.4I17, Bete! .tune 24, 197P, in 42 rR 37499 , v Me: Hasvy (do,o rat nclude tunnnl e, 0,14 6 wrk perfot.led on t"o alts of water or sewsgo treetnert fsclllttes) end ;V ,;Lv~• (does nth Ieriuda building strxturom in rest area pro) Ices) Cmgraetlon. f - Ink rF.6=(wars. ra...r, Y n.lr j . Rare. [I,n•w I ui T , r.l•Ir IweA r. rarwa.r, Mn•Iy ldv terw H{ T ►wieer i Te ur',w a.l '.r R„a• H t T paid", j V, ranw aed'a, St , T. AAA,. T,. eel rbrkor (Strut t(rot) 1 4,55 A•a• Air roil Mid Steel rector f[a Iy er (Stluctursl) 7,r Asp-Alt He et sr.o 7 Sign Erector A.pnA:t roar )'S3 Si;n Erector eal+er ].'S Speeder )b4 rrn +.9O F r,•tidc i`w.at er J.2S 1 OrJ lat<'eng tl.nt Sealaean fouer }qulpnett C'Pentor t7 <'25 + Aspha:t Dlscslb.,ter Core. tar 4,75 I 4 25 :r~w,ter Palos; v $mob t T$wep !tae4.53 + Gon¢reta 11,1"ar (Pa 'ingl 65 or uc spec operator oser, 153 rtr er,a Gat 3,50 i ncsete r!'it,.e Hol^u(ra vl ng) 75 k i Cx,;reto p1"ISter (Strut cures) 4,75 I3 ::rooter, na 15) ,s 4 over hp 1 hncre tt ling a^er 54a lp ar (St rvt• Concrete r" G\trf ILC Af ne 1,37 t,rea) Concrete }aving /1rlslu ng I Can CrKf Ru 1Sa[ Mac Nlc! )'UJ Conce a to P411n 30 Fl•crrlcian 6,75 I lor'Il tudl nag P;vct.wc Nalpar host 4.50 fore }ul :f t• (St rvcturss) 4,25 CanContcrraecte e Fovowl MS set 1 f 'b 1 Ton P,i ldrr I't lysr (SC roc tune) ♦,In I [ dow 3:40 Cont fors User (Pavln Pf i'l'att }swing SpnWar 7.I ~ S g and Cu rD) 4.5.) Feting Crider 0 Fors Sitter (rev.ng a^d urb) 4,50 crane. Cl MG%':1, lec4haa, rer• h 'n Setter 71a)pur (raving WA ' rick, Drsrlire, Shovel (lose _ j 2r6) , lore ie•-ar (k r~rf~ree) J,6) than 11 C5) 4,53 Ion Sett •e ha:rer (it rectutas) n7 4't an a, an.M/t areas, trr• 1.35 ' I ImAs :a S,te r, Co sages. I rl:k, Dt,Rti ne, S`.n utl (Si CT f to>rnr, t'rlllty Men n. and rrer) I.; J raid Lc or 4,75 r't">a,fr HalPer rau~lailnrl Dr111 Operator [ter 3'15 (Truck Kvnta3l i I rnu•,datlm '+CV:caean 3.75 III , I A 111 J'95 Dparator lIalper 3,75 :'1te.!rt vt rat. Print end haler (25 CT and [tits ),95 +I.r:a.sr 4.50 Front Fn4 leader (Over 2✓f CT) 4,75 "I; •I av or Hgpor 4'd1 Itlerr (over 16 q} I )•3. I Ilesr O6 Cl end 4n) ) v.: ei+ar 4.73 looter Crader Operator, Pima 75 Futrlcrring Steel Ssttsr(Poving) 3.30 I ' P.e'nfnr<l-P Staa: leant (krue• '-reel ~ 1'betT Cndax Oyaxat or 4.25 Roller, Ctl]aa,t., Stall t 4.50 ►+t 4.25 nf arc ing Still Satter yalpar 3.00 II .Fa<I (rt 4nt•Mlc ! Leve [ Itot terr. , St St To al 't eai (OCberJlee ISM *,,ul or aspin$) 3,I5 I `lDML SMSM. VOL It, NO, 161-nIDAY, AUGUST 19, 1971 1ST/ IML♦YIYr low. DISISICV 4n, _71 _L11J 1 i 6n'.r L_~ f•f•rr #..r la1 hr.P.q I ~ M,.At #„n N i ■ Pn e4a1 v E6rn..n f •ee nrr e•1 u i e a•nre (Cunt'4I': r~. T.. o ra is r(S- I te11e.) ~1 J,70 III :tra-rt Clr :'T rd l•er1) 1, p0 Lr".r. Trr,t+r 'Cr.,.! Tyrol Iso lip Tr.". -r lCn•la Trr) over J.#0 Tr+<~+^ ih~e+ettc) 5C rid {•7) ~ t,ae 1 I J,h0 Tracrrr r. e.atl cl crrr 00 HP )."J Tnrell r# 'L r.r J 95 ' Jn.n Crt 4rlr# "a:'q ne or A,1'. ?c'.r G ller Drrreror ).00 Tnci )rf :rra'it ^•lc A.le, :~;fir ~ I ~+:r >r 'molt rat lPr n l 1 ~ ~ 1 t ~ I 1 N 1?DUAL HO11TH, VOL 41, NO. 161--MCAT, AUOUST 11, 1177 ~ 0 to F t 'WAGE, IAPOR- and SAFLIN REQUIREK:tM ' S WrIOY A (Federal Aviation Administration Requirements) A-1 Airport Develcpment AM Program Project. the work in this t Contract is included in Airport Development Aid Project No. 5-4e-C06)-a4 which is being undertaken and accomplished by tM UU of Denton (Sponsor) in accordance ' with the terms and conditions of it g,--ant agreement between the -,rti• of ntcn (Sponsor) and the Lhited States, under the Airport and Airway Development Act of 19"rO 49 U.S.C. 1701) and Part 152 of the Federal Aviation Regulations ' 14 CM Part 152), pursuant to which the Vnit!d 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 referenoe in this contract to the FAA or any representstiv. thereof, or to any rights Ermted to the FAA or any repr_- centative thereof, or the United States, by the contract, ' a:kes the United Staten a party to this contract. A-2 Consent to assignment. The contractor shall obtain the Prior ' written co;ir,cnt of the itf ner,.cr (Sponsor) to any rrcponcd nssign:cent of any interest Iii or part of this contract. ' A-3 _Cnnvict labor. No convict labor may be employed under this C01)LYA;t. ' A-4 ertv!l _Lrefercncc. In the employment of labor (except in cxecutlvv, ndminictrative, and supervisory positions), preference sha'.l he glven to qualified individuals who have served in the military service of the United States (as defined in section 101(1) of the Soldiers' and Sailors' Civil Pelief Act of 19!+0) rind have been honorably discharged ' from that service, except that preference ray be given only where that labor in available locally and is qualified to perform the work to which the crnplLyment relates. ' A-5 withholdin g Sponsor from contractor. Another or not payn°nts or Advnaccs to the ` city of Menton (Sponsor) are 1 ' 2 ' withheld or suspende4 by the FAA, the cit of Denton (Sponsor) may withhold or cause to -e wx'EM-CMT- ' from-the contractor so much of the accrued payments or advances as may be, consi,'ered neccssar}' to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by this contract. A-6 Nonpayment of wages. If the contractor or subcontractor t fails to pay any lihorer or mechanic employed or working on the site of the work any of the wages requires by this contract the city of D(:- nter, (Sponsor) may, after written notice-to the contractor, take such action e as may be necessary to cause the suspension of any rarther payment or advance of funds until the violations cease. A-7 FAA inspection and review. The contractor shall allow any authorized represenEative of the 1'AA to inspect and review any work o:- materials used in the performance of this contract. A-8 Subcontracts. The contractor shall insert in each of ' ~iis stihc~~n~r.acts the provisions contained ir. paragraphs A-1, A-3, A-4, A-5, A-6, and "4-7 rcgl)iring the subcoiitractors to include these provision, in any l;',:Cr tier subcontract'.1 which they ;ray enter into, toyrth,r 1'1.1.i a clause requiring ' this in.nei-tion in any furthar subcontracts that may in turn he n,acie. ' A--9 Co,itract termination. A breach of paragraphs A-6, A-7, anc3 A-8 ma}' he (rounds for terrnination of the contract. t 1 i 2 1 ' SECTION B (Secretary of Labor Requirements) B-1 Minimum wages. (a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less 1 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 wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regard- less of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the war3e determination decision(s) shall be posted by the ' contractor at the site of the work in a prominent place where it (they; can be easily seen by the workers. I'or the purpose of this paragraph, contributions made or costs reasonably anticipated under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or m,~chanics are considered wages p;-,id to such laborers or mechanics, subject to the provisions of subparagraph (4) below. Also for the purpose of this paragraph, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular wee}:ly period, are deemed to be constructively ' made or incurred clurinrr such t•:cukly period CFI; 5.!, (a) (i ` (i) ) . (b) Any cl.is,:~ of lal;orors or mechanics, including ' apprentices and trainoec, which is not listed in the wage d~--termination(s) and which i-. to be employed under the contract, shall ~l:sslii^cl or reclassified conformably to the wage: dote rminati:n(s), and a report of the action taken shall be 1 sent by the (;rlscrt span er's name) city of ntor, to the FAA for ipproval and transmif.tat to 11-6 Secretary of Labor. In the r-v-nt thct the interested parties cannot agree ' on the proper classification or reclassification of a particular claC•S rf l;:borers and ,nech,anics, including apprentices au, tr,~in~er;, to bt2 usud, the question accomp;uiied ' by the recamrr.ec ciation of the 1-7" shall be r^£rrred to the Secretary of Labor for final determination 29 CFR 5.5(a)(1)(ii)). 'c) WhenVVci- the minimur,, wage rate prescribed in the contrast for a ClaSS Of laborers or mechanics includes a fridge benefit •.,hich is not expressed as an hourly wane rate and the contractor i. rblirrntr-rl to pay -i cash cquivalont of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event. the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question ' accompanied by tho recommendation of the FAA shall. be referred to the Secretary of Labor for determination (29 CFR 5.5(a) (1) (iii)) 3 i 1 ' W If the contractor does not make payments to a trustee or other third person, he may consider a, part of the wages of ' any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plaA or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: ' Provided, however, 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 llithholding: FAA from sponsor. Pursuant to the terms of the grant. agreements between tFe United States and (insert sponsor's name), city of Denton relating to Airport ' Development Aid Project i~o.-~ 5-48-0067-04 _ , and Part 152 of the Federal Aviation Pegulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the (insert sponsor's name) city of_Denton _ so much of the accrued payments ay lie cons•idereri necessary to pay laborers and or advances as may--Ye- 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 or trainee, employed or working on the site of the work all or part of the wages required by this contract, the FAA mav, after written notice to the 0111sert sponsor's name), city of Denton take such action as may be necessary to cause the suspension of any further- Payment or advance of funds until such violations have ceased (29 CFR 5.5(a)(2,). ' B-3 Payrolls _and basic records. (a) Payrolls and basic records relating thereto will be ' maintained during the course of the work, and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such rec.Nrds will contain the name and address of each such employee, his correct ' classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section l(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 subparagraph (d) of paragraph B-1 above), that the wages ' of any laborer or mechanic incl-ide 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 ' 4 1 ' 1 ' 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 (29 CFR 5.5(a)(3)(i)). ' (b) The contractor will submit weekly a copy of all payrolls to the (insert sponsor's name) city of Denton for availability to the FAA, a:, required by paragraph 152.59 a~. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work performed. A submission of a "Weekly ' Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary ' of Labor, under 29 CFR 5.5 (a)(1)(iv) (see subparagraph (d) of paragraph B-1 above), shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized represent- atives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the (insert sponsor's name) _ City of Denton for availability to the FAA, that Niels employment is pursuant to an approved program and shall identify the program (29 CFR 5.5(a)(3)(ii)). B-4 AUprentices and trainees. (a) Apprentices. Apprentices will be Vermitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognizes; ' by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such PA apprenticeship program, who is not individually registered in t the rrogram, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for, probationary employ.nent as an apprentice. The allowable ratio of apprentices to ' journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire ' 5 1 - 1 work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not ' a trainee as defined in subparagraph (b) of this paragraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the (insert sponsor's name) City of Denton written evidence of the registrati. :n` oTTiis program an ' apprentices as well as the appropriate ratios and wage rates (expressed in per.centages of the journeymen hourly rates), for the area of construction prior to using any apprentices ' on the contract woi:k. The wage rate paid apprentices shall be not less than the appropriate percentage of the journey- men's rate contained in the applicable wage determination ' (29 CFR 5.5(a) (4) (i)). (b) Trainees. Except as provided in 29 CFR 5.15 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, Manpower Administration, Bureau of Apprenticeship and Training., The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of ' Apprenticeship and Training. Every trainee must be paid at not less than the rate specify in the approved program for his level of progress. Any employee listed on the payroll ' at a trainee rate is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined ' by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the (insert sponsor's name)city of Denton written evidence of the certification of his program, the ' registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training ' progran, the contractor will no longer be permitted to utilize trainees at. less than the applicable predetermined rate for the work p rformed until an acceptable program is approved ' (29 CFR 5.'i (a) (4) (ii)). (c) Equal emplnvment 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 (29 CFR 5.5(a) (4) (iii)). ' 6 1 1 t (d) Application of 29 CFR Part 5.5(a)(4). On contracts in excess of $2,000 the employment of all apprentices and trainees a3 defined in 29 CFR 5.2(c) shall be subject to the provisions of 29 CFR Part 5.5(a)(4) (see paragraph B-4(a), ' (b) and (c) above). (e) Enforcement. ' (i) The FAA shall promulgate the necessary regula- tions 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 modifica- tions thereof which have been approved by the Department of Labor. 11o payment, advance, grant, loan or guarantee of funds ' shall be approved by the FAA after the beginning of constriction unless there is on file with the FAA a certification by the contractor that he and his subcontractors have complied or thRt ' there is substantial dispute with respect to the required provisions (29 CPR 5.6(a)(1)). ' (ii) Enforcement activities, including the investigation of complaints of viola,`.ions, 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. Enforce- ment of these provisions shall be in accordance with 29 CFR 5.6. 1 B-5 Compliance with Copeland Regulations. The contractor shall comply with _th_e Copeland Regulations X29 CFR Part 3) of the 1 Secretary of Labor which are herein incorporated by reference (29 CFR 5. 5 (a) (5) ) . B-6 Overtime requirements. No contractor or subcontractor ' contracting Yor 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 workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek 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 workweek, as the case may be (29 CFR 5.5(c)(1)) ' B-7 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 therefor 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. 7 1 Such liquidated damages shall be computed, with respect to ' each individual laborer or tiechanic employed in violation of said paragraph B-6 of this provision, in the sum of 0,10 for each calendar day on which such employee was requined or ' permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours withou-- payment,of th,-- overtime wages required by said paragraph B-6 of this provision (29 CFR 5.5(c)(2)). B-8 Withholding for unpaid wages and liquidated damages, and priority of~~ayment (a) The FAA may withhold or cause to be withheld, from any monies, payable on acco wit of work performed by the contractor or subcontractor, 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 &-7 of this provision (29 CFR 5.5(c)(3)). (b) In the event of failure or refusal of the contractor or any subcontractor to comply with overtime pay requirements of ;:he Contract Work Hours and Safety Standards Act, if the funds withheld Oy the FAA for the violations are not sufficient ' to pay fully both the unpaid wages due laborers and mechanics and the liquidateO damages due the United States, the available funds :.gall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or ' an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(d)(2)). 1 B-9 Working conditions. No contractor may require any laborer or n~ec anFc employee-Tn 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-10 Subcontracts. The contractor will insert in each of his subconEracts the clauses contained in paragraphs B-1 through ' B-11 of this provision, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause req siring this insertion in any further subcontracts that may in turn be made (29 CFR 5.5(a) (6), 5.5(c) (4)). 8 ari~r 1 Contract termination; debarment. A breach of paragraphs B-1 tJirough =10`of tlAs provision may be grounds for termination of the contract. A breach of paragraphs B-1 through B-5 and B-10 may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5. 5 (a) (7) ) 1 1 1 1 1 1 1 ' 4 t ' SECTION C (Equal Employment Opportunity Clause) - During the performance of this contract, the contractor agrees as follows: 0-1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take af that t tive action to ensure that applicant are en ployed, and regard to employees are treated during employm without their race, color, sex or national origin. Such action shall but not be limited to the following: Employment, include, upgradi►ig, demotion, or transfer; recruitment or recruitment advertising; compensation; and termination, selection for training, including t apprenticeship. The contractor agrees to post in con s spicuous places, available to employees and applicant ' for employment, notices to be provided setting forth the provisions of this nondiacrimination 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, relition, sex or national origin. % ' C-3 The ,;ontractor will send to each lab-r union: or representative of w,)rkers with which he has a collective bargaining agree- ment or other contract or understanding, a notice to be provided, ad--'.-4n3 the said labor union or workers' representa- tives of the ron%r ctor's commitments under this section, and shall post cgp:es )f t,%e notice in conspicuous places available ' to employees and applicants for employment. C-4 The contractor will comply with all provisions of Executive Order es, 1r1246 elar19orders of tend he Secrets y of e ' rru ' Labor, C-5 The contractor will furnish all information and reports re- quired by Executive Order 11246 of September 2 1965, as ' amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administer - ' ing agency an the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, ' regulations, and others. ' 10 hz~ t C-6 In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of the t said rules, regulations, or orders, this contract may be canceled, terminated, or suopendad 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, i and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 240 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as other%%ise provided by law. C-7 The contractor will include the portion of the sentence immediately preceding paragraph C -1 and the provisions of paragraphs C-1 through C-7 in every subcontract or purchase order unless exempted by rules, regulations, or ' orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon-each ' subcontractor or vendor. The contractor will tale such action with respect to any subcontract or purchase order as the administering agency may direct as a means of ' enforcing such rrovisions, 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 suzh direction by the administering agency, the contractor may request the United States to enter into such litigation to t protect the interests of the United States. ~I ' :,1 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 pcrsuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, ' or dangerous to his health or safety, as determined under Construction Safety and Health Standards Title 29 Code of Federal Regulations, Part 1518 36 F.R. 7340 promulgated by the United Sates Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, 83 STAT. 96. t 1 12 1 ' SECTION E (Air and Water Quality Standards) E-1 Any other provision herein tj the contrary not- withstanding, 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 R Project Engineer in implemEntation of the letter and intent of FAA Advisory Circular 150/5370-7 entitled Airport Construction Controls to Prevent Air and ' Water Pollution. Copies of this Advisory Circular i can be obtained free of charge from Department of Transportation, Distribution Unit, TAD-484.3, ' Washington, D. C. 20590. E-2 Contractors and subcontractors agree: ' at 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 t Agency (EPA) List of Violating Facilities.. E. To comply with all the requirements of Section ' 114 of the Clean Air Act and Section 308 of the Federal Seater 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 t of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under con- sideration 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 afore- mentioned criteria and requirements. 13 1 1 1 . STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 ' Revised October 19, 1945 Revised April 8, 1954 I Revised Apr.: 21, 1960 Revised October 7, 1971 Approved as to Legal Form by I Legal Counsel STATE OF TEXAS COUNT' OF Denton THIS AGRFFNIENT: made and entered into this- 11th---day of-_ October A. D. 19 77 , by and between City of Denton of the County of Denton -and State of Texas, acting through --thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and-_____ Marriott Bro;., Inc. of the City of_- Dallas - County of___ Dallas and State of-- Texas Party of the Second Part, hereinafter termed CONTRACTOR. NVITNESSETII: That for and in consideration of the pc,y.ments and agreemen" herein- after mentioned, to be made rand performed by the Party of the First Part (OWNER), arnd under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNFR) to commence and complete the construction of certain improvements described as follows: Optional aid A-Denton Municipal Airport-Airport Improvements-Phase I-Clearing in North Clear zone and all extra work in connection therewith, under the trews as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, rquirment, tools, superintendence, labor, insurance, and other accessories and services neceasar, to complete th,: said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to ContraeLorb, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by- Shimek, Jacobs 6 Finklea, Consulting Engineers 1300 Adolphus Tower, Dallas, Texas 75202 hviviii rntilled the FNGINEER. each of which has liven identified by tho CONTRACTOR and the E N(11NEER, together with the CONTRACIOWS written Prop gal, the General Conditions of the Agreement, and tht Performance and P:t~-ment h mik hereto attached: all of tehich Ire made a part hereof and Col lecli%ely evidence and constitute the entire contract. ' SF-1 pat.,. rk~,m. tit ,r, t The CONTRACTOR hereby agree to to coMin, and to mmence work within to substantially days afte rthee same written notice to do so shall have been g►ven calendar days within 100__*0t *1Wf)W ` after the date of the written notice to commence work, subject to such extensions of lime as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents hLve executed this Agreement in the year and day first above written. ' Marriott Bros., Inc. ' f Denton C , Texas Ma I the Second fart (CONTR4CfOR) art o First Part (0 NE i ' By.. ATT ATTEST:. L t 1 1 1 ' sFS ° 4 T-M LA... X" 1"I 1 Bored Qi 046 2223029 ' PERFORMANCE BOND ' STATE OF TEXAS COUNTY OF- Da.)OW KNOW ALL MEN BY THESE PRESENTS: That Narrio~:e 5Qot?tors,__140. _ ' of the City of_ UB1lai.,____- County of_ UallarJ and State of- _TO_4ii4 as ' principal, and-._-__Amerioan tidsIL~y riri!_XmPuranao company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto- --City of Denton (Owner), in the penal sum of__'~'Mf~w3_~h4 ►l~-;t_~[~Lnq/li2Q-~ -Dollars ($11~_QIlQ.~A for the payment whereof, the said Principal and Surety bind themselves, and their heirs, ' administrators, executors, successors and assigns, jointly and severally, by these presents: ' WHEREAS, the Principal has entered into a cz+rtain written contract with the Owner, dated the. llt?s day of____ _ _Ootober 19-17_ , to cloaring in North Oloar zone, Nonton Airport ImproVe"jits which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. e NOw, YEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the ' said Princip•%' shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to ' the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, ]HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of ' the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined is accordnace with the provisions of said Article to the same extent as if it were copied at length herein, Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, nr to tl,e work performed thereunder, or the plans, ' specifications, or drawings a^connpanying the samt, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition ' to the terms of the contract, or to the work to be performed thereunder. 1 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this___. j&t___ -day of--_ltavt 19_-73_. • ' ~AAC6 CO tYr tt ~aPrtn~ ci t-j"W ~i4T ICAU Vi'14 Surety By- ' Titld_- Ztitle_-hQtOxnfn-foot ' 1130---0 - Klitis Grivs Address-- -_~`u -below Address-- - Dallav, 9Toxaas 75279 _ The name and address of the Resident Agent of Surety is- Toxets a urplus Lirms 1:j;e4nc.*Ap 1111 %a nockisiybir.j ! X25, t.eI Lno '.'wxao 7032401 1 i 1 1 1 P°-2 (D bl Tw A en. A.li iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillilillilllllliI I kutd 01 016 ?Y!Yl29 ' PAYMENT BOND STATE OF TEXAS COUNTY OF_ Dallas KNONV ALL MEN BY THESE PRESENTS: That ______N rlo~! B1'OGh•t~~ l~s~. _ of the City of- Dallas ' County ofOallss Texaco - and State of-- _ principal, and__ A+slerioan FL41slik Firs-inauraaca - - Con+1?an ------_-y authorized under the laws of the Mate of Texas to act as surety on bonds for principals, are held and firmly bound unto--iii of fltutOn (Owner), in the penal sum of___ Twelve Thousand and AO/100-- 12 000.0 -__---_--_--Dollars + 4 I for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the- __--llt+aday of_---__(x:tOber-----____-- I 19 _~1 to Clearing North Clear >col.~;ti;. Denton Airport raP:ovemant• which contract is hereby referred to and made a part he-oof as fully and to the same :xtent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor ' In the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and e!,ect; PROVIDED, HOWEVER, that this bond is Fxecuted pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the, same, shall in anywise affect its obligation on this 1 PB,S A" im bu^d and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. ' IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this ja day of ►;nv.:- + t=r , 19_77 - -~k&,c'16t r p zt +ure w@ Cow ~~A - _ By-- By 14"1- ' Title At9y'-icy-fait ~S"~- Title # t Address- Address Rufv 1?"•1'1 - The name and address of the Resident Agent of Surety is: 'texas iiN:'; lul. U IP ; •y - - ' 1111 o :<ack tnV ir.! ■11.~n r•'nryR 'jam}ate t 1 PE" 0 by rn■ I..s.. AJQ iHl AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY ' KNOW ALL SIEN BY THESE PRESENTS: That American Fidelity Are Insurance Company, a Corpporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolulion, adopted by the ' Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver F. pov:cr of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officers may select from time to time," doss hereby make, constitute and appoint: J. FRANK MURPHY and/or THOMAS J. HUMPHREYS of DALLAS, TEXAS its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and steed, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as foilow-s: ' Specifically and only on bonds executed having Guarantee Indemnification of the SMALL. BUSINESS ADMINISTRATIM in an mount not exceeding $200,003.00, as to any one project, for or on behalf of this Company, in its business and in accor- dance with its charter, and to bind AMERICAN FIDFLITY FIRE INSURANCE COMPANY thereby, and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed. ' IN i,ATNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President anWor Vice-President, and its Corporate Seal to be affixed. AINERICA NFIDELITY FIRE INSURANCE COMPANY t ~ State of Ne Lather H. Williams, President ' New York l ss. ' County of Nassau On this 28th ray of January, 1977, before the subscriber, a Notan, Public or the State of New York in and for the County of Nassau duly commissioned and qualified. came Luther H. Williams of the American Fidelity Fire Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowl- edged the execution of the same, and being by me duty sworn, deposed and said, that he is the officer of said Company- aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp- oration, and that the resolution of said Company, referred to in the preceding irrstru,nent, is now in force. ' IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my officiat seal at Woodbury, New Yor't the day and year above written. ~C r`I `y w} Not - i rvPublic s~ ELI'LABE'ru M. ROSELLE ~~ta,7f is NOTARY PUBLIC, State of New York No. 30.861.3115 ' Qualified in Nassau County Commission Expires March 30, 1978 State of New York f ' (,-.only of Nassau 1 55. CERT11 ICATE 1, the undersigned, Assistant Secretary- of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of ' the Stale or New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains ire full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Cep;.ificate of Authority, are now In force. Signed and Sealed at the said Company, at Woodbury, New York, dated this I 11.t ..clay of uVc;;.6:, ; ,19 77 tJISL~ C, Assistant Secretary TX WH 20 uirl e In AMERICAN INDE51NITY COIIPANY ❑ AMERICAN FIRE AND INDEMNITY COIIPANY Galveston, Texas CERTIFICATE [IF' INSURANCE Novem er 2 _1911- This is to certify that the following described policies have been issued and are in full force and effect. Name of Insured: Marriott Bros. , Inc. P. O. Address of Insured: P.O. Box 29672, Dallas, Texas 75229 'Occupation or Business: Paving Contractor Location of Premises or Operations: 11300 Kline, Dallas, Texas 75229 Description of operations or vehicle insured: Denton Municipal Airport Improvements: Relocation of F.M. 1515-phase 1, optional bid A,project #FAA5-48-0061-0. ' KIND OF INSURANCE POLICY NUMBER DATE EFFECTIVE I EXPIRATION LIMITS OF LIABILITY PUBLIC LIABILITY LA 357 5548 6-1$-77 6-16-78 f $ 500*000 each occurrence Bodily Injury r $ 500,000 aggregate ` v _1QQ.&QQ-each occurrence Property Damage $ 100,09-0----aggregate AUTOMOBILE LIABILITY ' $_25f4fflQ^-each person Bodily Injury $ 500,000 _earh occurrence Property Darnayre- - $100,000 each occurrence (OTHERINSURANCEt lontrcatual Lia. $5009000 ' If, during the period of coverage, the above policies are canceled or amended in any way which would affect coverage thereunder, _ den days written notice thereof will be given to City of Denton and shaal include as add'l insureds in at whose request this certificate is issued. Denton, Texas said policy, the owners, Engineers and This Certificate of Insurance neither affirmatively or negatively araids, extends or alters the coverage 'afforded by any policy described herein. /i I ,'1 / Date ~9Y~tnbflr 2. 1'J77 'AL Jiro Claye idtes tAntbon..a Repreuntatfrel SM 9 76 r ' CITY OF DENTONr TEXAS DENTON MUNICIPAL AIRPORT ' AIRPORT IMPROVEMENTS PHASE T- ' SPECIAL CONDITIONS SC.01 GENERA! The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions of Agree- ment". SC.02 ENGINEER I , The word "Engineer" in these specifications shall be understood as referring to Shimek, Jacobs 6 Finklea, Consulting Engineers, 13CO Adolphus Tower, Dallas, Texas, Engineer of the Owner, or such other representatives as may be authorized by said Owner to act in any particular position. SC.03 LOCATION Or PROJECT ' This project is located at the north end of the Denton Municipal Airport. A location map is included in the plans. ' SC.04 SCOPE OF WORK The work to bE performed under this contract consists of furnishing all ' materials, labor, supervision, equipment, and all incidentals required, and per- formin; all work nc;cessary for the relocation of approximately 3000 linear feet of F.M. 1515 at the north end of the Denton Municipal Airport. ' SC.05 FORMS, PLANS AND SPECIFICATIONS Forms of Proposal, Contract and Bonds, and Plans and Specifications may be obtained from the office of Shimek, Jacobs b Finklea, Consulting Engineers, 13CO Adolphus Tower, Dallas, Texas, upon deposit of Thirty Dollars ($30.00) per set. ' The sum deposited will be refunded, provided the prospective bidder complies with one of the following requirements: ' (a) If no proposal in submitted: All documents must be returned in good order to the above ' office not later than forty-eight (48) hours after the time and date of receivin,1 proposals; or ' (b) If proposal is submitted: All documents except proposal forms submitted as bid must be returned in good order to the above office within fif- teen (15) days after the time and date of receiving pro- posals. ' SC-1 Provided the prospective bidder complies with neither of the two above requirements, the sum deposited shall become the property of the City of Denton, Texas. SC.OG EXAMINATION OF SITE OF PROJECT Prospective bidders shell make a careful ex"nination of the site of the project, conditions to be enco+int-:red, improvements to be protected, and require- ments for keeping the airport operational during construction. SC.07 QUALIFICATION OF LOW BIDDER ' Before being awarded a contract, the low bidder shall submit each evi- dence as the Engineer may require to establish his financial responsibility, ex- perience and possession of such equipment as may be needed to prosecute the work ' in an expeditious, safe and satisfactory manner. Should the low bidder fail to produce evidence -.tisfactory to the Engineer on any of the foregoinq points, he may be disqua ified and the work award- ed to the next low bidder so qualifying. ' SC, 011 AVARD OF CONTRACT It is the intention of the Owner to award a contract on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner. ' The right is reserved, as the interest if the Owner may require, to reject any and all LiCiis and to waive ary informality r., bids received. ' The City of Denton will notify the successful bidder, in writing, within Thirty (30)days after the date of receiving bids, of its acceptance rf his proposal. The Contractor shall complete the execution of the required Bonds and Contract within ten (10) days of such notice. SC.09 TIME ALLOTTED FOR CO%"ILETION ' All items of work included under this contract ,all be completed withir ninety (90) consecutive calendar days, which time shall commence on the tenth (10th) day after Lhe issuance of the work Order. The Wort. Order shall consist of a written t request by the Engineer for the Contractor to proceed with construction of the pro- ject. ~j SC.10 ADDENDA ■ Bidders desiring further information, )r interpretation of the plans and specifications, must make request for such information to the Engineer pric_' to forty-eight (48) hours before the bid openir.g. Answers to all such reque.1ts will be given in writing to all bidders in eddendum form and all addenda will 'ae bound with and made a part of the contract documen'-s. No other explanation or interpre- to H on will be consid~red official or binding. Should a bidder find discrepancies in, or should ::e be in doubt as to *heir meaning, he shall at once notify th.e Engi- neer in order that a written addendum may be sent to all bidders. Any t,ddenda issued prior to twenty-four (24) hours of the opening of bias will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the ^•.)ntractor will be so constructed as to include any &A,!onAa if such are issued by the Fngineer prior to twenty-fo+:r (24) hours of the ' opening of bids. SC-2 SC.11 LIQUIDATED DAMAGES FOR DELAY SY CONTRACTOR ' The Contractor agrees that time is of the essence of this contract and that for each day of delay beyond the date agreed upon for the completion of ' all items of work herein specified and contracted for (after due allowance for such extension of time as is provided for in the General Conditions of Agreement), the Owner may with:iold permanently from the Contractor's total compensation the sum o' One Hundred Dollars ($100.00) per day as stipulated damages for each day. SC.12 COPIES OF PLANS AND SPECIFICATIONS FURNISHED F:ve (5) sets of plans and specifications shall be furnished to the Contractor, at no charge, for construction purposes. If plans have been reduced to one-half size, three (3) sets of those, together with two (2) sets reproduced on the original scale, shall constitute the five (5) sets of plans furnished t,.) the ' Contractor. Additional copies may be obyairied at cost of reproduction upor, request. SC.13 STATE AND CITY SALES TAXES The Contractor's attention is directed to Amendment No. 7 to Section 6a, Article 20.01, Chapter 20, Title 122A, Taxation-General of the Revised Civil Sta- tutes of Texas. This an,,nrlment Provides that all items used or consumed by a contractor, whether incorporated into the project or not, can be purchased free of State and a City sales tax when the project is being performed for an exempt agency. Included are equipment rentals and ether items which are consumed by the Contractor but are not incorporated into Liie project. ' This contract is issued by an agency which qualifies for exemption pur- suant to the provisions of Article 20.04 (f) of th,: Texas Limited Sales, Excise an.. Use Tex Act. The Cony,actor performing this contract may purchase, rent, or lase all materials, su)p:ie „ equipment used or consumed in the performance of this contract t by issuing ut' his supplier an exemption certificate in lieu of tht, tax, said exemp- tion ificate complying with Scate Co'mptroller's ruling 095-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling 095-0.09 as amended to be ef- fective October 2, 1968. SC.14 REFERENCE SPECIFICATIONS 1 Where reference is made in these specifications to specifications compiled by others, such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to are hereby m.de a part of these Ppecifications. SC-15 • TRADE NAMES AND MATERIALS No material which has been used by the =ontractor for any temporary pur- pose whatever is to he incorporated in the permanent structure without written con- sent of the Engineer. f SC-3 1 where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of anuther manuf-cturpr, but rather to set a definite standard of quality or performance, and to establish an equal basis for toe evaluation of bids. Where the words "equi- valent", "proper", or "equal to" are used, they shall be understood to mean "hat the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion or judgment of the Engineer. Unless otherwise specified 311 materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expres- sions may hn used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated stall be used, unless a st,bstitute shall be approved in writing by the Engineer, and the j Engineer shall have the right to require the use of such specifically designated material, article or process. ' SC.15 PERMITS AND RIGHT-OF-WAY The owner will provide rights-of-way for the purpose of construction without e cost to the Contractor by securing permits in areas of public dedication or by ob- taining easements across privately owned property. It shall be the responsibility of the Contractor, prior tc the initiation of construction on easements through pri- vate property, to inform the property owner of his intent to begin construction. Before beginning construct on in areas of public dedication, the Contractor shall in- form the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work. SC.17 PROPERTY 1INES AND MONUMENTS t The Contractor shall protect all property corner laarkers, and when any such markers or monuments are in danger of being disturbed tney shall be properly referencA and if disturbed shall be reset at the expense of the Cor':ractor. ' SC.18 EXISTING STRUCTT)RFS The plans show the location of all known surfacs and subsurface structures. ' However, the owner assumes no responsibility for failure to stow any or all of these structures on the plans, or to shol., them in their exact location. It is mutually agreed that such failure shall not :3_ considered sufficient basis for claims for addi- tional compensation for extra work or for increasing the pay quantities in any man- ner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or require the building of special work, provisions for which ' are not made in the plans and proposal, in which case the provisions in these speci- fications for extra work shall apply. SC.19 EXISTING UTILITIES AND SERVICE LINES The Contractor shall be responsible for the protection of all existing utilities or irvice lines crossed or exposed by his construction operations. Where ' existing utilities or service lines are cut, broken or damaged, the Contractor shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. Pewer poles wh3~h interfere wit.lz the pro- posed improvements shall be relocated by the power compai 1 4 SC.20 PUBLIC UTILITIES AND OTHER PROPERTY To BE CHANGED ' In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until autho- rized by the utility company and approved by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the pur- pose of making such changes or repairs of their property that may be made necessary by the performance of this contract. t SC.21 FENCES, DRAINAGE CHANNELS AND CROP DAMAGE ' Boundary fences or other improvements removed to permit thin construction shall be replaced in the same location ani left in a condition of grade and cross section after the work of construction ie completed. SC.22 PROJECT MAINTENANCE The Contractor shall maintain, and keep in good repair, the improvements t covered by these plans and specifications during the life of his contract. SC.23 CLET.NUP ' During Construction. The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes oojectionable or interferes ' with the progress of the project in the opinion of the Engineer or the Owner. Final. Upon completion of the work, the Contractor shall remove from the ' site all plant, materials, tools and equipment belonging to him and le,ve the site with an appearance acceptable to the Engineer and the Owner. The Conti ctor shall thoroughly clean all equipment and materials installed by him and shall :eliver over such materials and equipment in a bright, clean, polished and new-appearing condition. SC.24 GUARANTY AGAINST DEFECTIVE WORK The Contractor shall indemnify the owner against any repairs which may be- come necessary to any hart cf the work performed under the contract, arising from defective workmanship or n3teridls used therein, for a period of one (1) year from ' the date of final acceptance o` the work. SC. 25 TESTING, INSPECTION AND CONTROL Observation of the Contractor's work to determine compliance with the Plans and specifications will include testing of material installed on the project. sting of work performed acid materials furnished shall be done by a commercial ' eboratcry employed by the Owner. The Contractor shay. furnish, at his own expense, all iecessary spECimens for testing of the materials. Xf the Contractor fails to meet specified conditions by the second test, further tests shall be at the expense ' of the Contractor. SC.26 COORDINATION WITH OTHERS In the evert other contractors are doing work in the same area simul- taneously with this project, the Contractor shall coordinate his proposed construc- tion with that of the other contractors. 1 SC-5 1 SC.27 BARRICADES, LIGHTS AND WATCHMEN ' Within the limits of the work under this contract, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other pre- cautionary measures for the protection of persons or property and of the Fork as are necessary. Barricades shall be painted in a color that wil: be visible at night. From sunset to sunrise, the Contractor shall furnish and maiy:tain at least one light at each barricade and sufficient numbers of barricades shall be erected to keep ' vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. ' The Contractor will be held rA:,ponsible for all damage to the work due to failure of barricades, signs, lights and watchmen to protect it and whtnever evi- dence is found of such damage the Contractor shall immediately remove tte damaged ' portio,, and replace it al his cost and expense. The Contractor's resporsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shell not cease until the proje--t shall have been accepted by the Cwner. ' SC.28 DISPOSAL OF' WASTE AND SURPLUS EXCAVATION All trees, stumps, slashings, brush or other debris removes. from the site ' as a preliminary to the construction shall be burned or removed from. the property, Any required disposal permits shall be the sole responsibility of the Contractor. All, excavated earth in excess o` that required for backfilling shall be stockpiled on the airport propt:ty for use in constructing improvements to the air- port. ' SC.29 WATER FOR CONSTRUCTION The Contractor shall make the necbssary arrangements for securing and transporting all water required in the construction. 1 SC.30 INSPECTION The %.-.)rd "Inspection", or other forms of the word, as used in the Contract Documents for this project, shall be understood as meaning the Engineer will observe the construction on behalf of the Oomer. The Engineer will observe and check the ' construction in sufficient detail to satisfy himself that the work is proceeding in general accirdance with the Contract Documents, but he will not be a guarantor of the Contractor's performance. 1 SC.31 LIGHTS AND POWER The Contractor shall provide, at his own expense, temporary lighting and ' power facilities required for the prcper prosecution of the work. SC.32 INSURANCE Before the Contractor commences work in connection with this contract, or before he allows any subcontractor to commence any work, he shall purclase compre- hensive general liability insurance with bodily injury limits of not less than ' $300,000 each occurrence and $300,000 in the aggregate, and property damage limits of not leas than $50,000 each occurrence and $50,000 in tiie aggregate, and shall in- clude as an additional insured in such policy the Owner, the Engineer, and their agents and employees as additional insureds. At the Contractor's option he may furnish aT, SC-6 ' Owners and Contractor's Policy with the owner as insured and the Engineer, their agents and employees as additional insureds. The Contractor shall furnish a certificate of insurance for the above coverage with a provision that the owner will be notified by the insurance company ' ten days (10) prior to cancellation of the policy during the term of this contract. SC.33 CONSTRUCTION LAYOUT AND STAKING ' ::onstrucr'.on layout and staking for this project shall be performed in accordance with paragraph 50-06 of General Provisions, Section 57, CONTROL OF WORK. ' SC.34 COOPERATION OF CONTRACTOR The Contractor shall have on the project at all times, as his agent, a t competent Superintendent capable of reading and thoroughly understamiing the plans and specifications and thoroughly experienced in the type of work beixg performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be ' requ?.red. Such superintendence shall be furnished irrespective of tLe amount of work subcontracted. ' The Superintendent and the Contractor shall b.e responsible for all 1.ork performed by the subcontractor at all times during construction. ' SC.35 CONITRLICTI014 SCHEDULE Prior to starting work, the Contractor shall submit a proposed schedule for the work included herein and shall submit any mi.jor revisions to this schedule t as the project progresses. This schedule shall provide fot completion of the pro- ject within the time provided in the specifications. 1 t t 1 I ' SC-7 1 1 SPECIAL PROVISION AIR AND HATER ML10=1 COMOL DESCRIPTION'. 1 This work shall consist of control alifesofstheo on on theto ans or ordered by the engineer during the a dikes dams, control air and water pollution, through rus of berms, grasses, sediment basins, fiber mats, netting, gravel, mulches; slope drains, and other control devices or methods. The polhition control provisions contained herein shall be coordinated with the permanent control features specified elsewhere in the contract to the extent practical to assure economical, effectivruction anti continuous control throughout the construction and precon ' period. ' MATERIALS: Mulches may be hay, stray, fiber mats, ne;.ting, wood cellulose, a. corn or tobacco stalks, bark, corn cobs, wood chips, or other suitable materials acceptable to the engineer and shall be reasonably clean and free of noxious weeds and deleterious materials, b. Slope drains may be constructed of pipe, fiber mats, rubble, ' Portland Cement Concrete, bituminous concrete, plastic sheets, or other material acceptable to the engineer that will adequately control erosion. c. Grass shall be a quick growing cpeciea (such as rye grass, italian rye grass, or cereal grasses) suitable to the area temporary otcover herwise which planted for later coverts ' providing with grasses d. Fertilizer and soil conditioner- shall bye a standard commerical 1 grade acceptable to the engineer. e. Others as specified by the engineer. Sueb work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains, and the use of temporary mulches,mats, 1 eeedirtit, or other control devices or methods as necessary to control water erasion and to apply methods, similar in nature, to control air pa]ution as practicable. Girt slopes shall be seeded and mulched as the excavation proceeds to the extent considered desirable and practicable. 1 1 ' 2 ' The contractor will be required to .ncorporate all permanent erosion control features into the project at the earliest practicable time as outlined in his accepted echedu~e. Temporary 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 pollution control features; or that are ' needed temporarily to control erosion that developes during normal construction practices, but are not associated with permanent control features on the project. Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and permanent erosion control features can be followed immediately thereafter ' -tf the project conditions permit; otherwise temporary erosion control r4l%rz,es may be required between successive construction, stages. Under no coalitions shall the surface area of erodible earth material exposed at on9 time by clearing and grubbing, exceed 750,000 square feet without approml by the engineer. The engineer will limit the area of excavation, borrow and embankment operations in progress commensurate with the :ontractor's capability PA and progress in keeping the finished grading, mulching, seeding, and otht- such permanent pollution control measurer current in accordance wit), tht; ' accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. ' Under no conditions shall the amount of surface area of erodible earth material exposed at one time by excavation, borrow or fill within the right-of-way exceed 750,000 square feet without prior approval by the engineer. The engineer may increase or decrease the amount of surface area of ' erodible earth materials to be sxposed at one time by clearing and g.vobing, excavation, borrow and fill operations as determined by his analysis of project conditions. ' The contractor will not be permitted frequent fording of live streams with construction equipment; therefore, tempt,rery bridges or other structures shall be used whenever an appreciable number of stream crossings ' are necessary. All waterways will be cleared by the contractor as soon as practicable ' of falsework, piling, detris, or other obstructions placed during construction operations and not part of the finished York. 1 ' 3 ' W,ter from aggregate washing or other operations containing sediment shall be treated by filtration, a settling basin or other means sufficient to r,:duce the sediment content to not more than that of the stream into which it is discharged. Pollutants, fuels, lubricants, bitumen, raw sewage and other harmful materials, will not be discharged into`nesr rivers, streams, and impoundments or into natural or manzade channels leading thereto. Nash water or waste from concrete mixing or coring operations shall not be allowe3 to Enter live streams. Under no conditions shall tires, oils, asphalt, paint, or coated metals be permitted in combustible waste. piles. Under no conditions shall burning be permitted within 100) feet of a ' residential or built-up area. Burling will not be permitted unless the prevailing wind is away from a nearby torn or built-up area. ' RArning will not be permitted during a local air inversion or other climatic condition es would result in a -all of smoke over a nearby town or built-up area. Burning will not be permitted when the danger of brush or forest fires ' le made known by state, local or Federal officials. The size and number of fires shall be restricted to avoid the danger of brush or forest V res. Fires shall have reasonable surveillance and countermeasures shall be available to guard against such dangers. Coatrol of dust and other air pollutants is the responsibility of the ' contractor. Like provisions applicable to dust, air borne materials as carried by the wind apply equally to the water erosion conditions stated. Dust collecting and dust precipitating equipment and materials applicable are to be ineorpcrated as needed. ' Dusting conditions will be controlled through tenporary mulch with or without seeding, water application by sprinkler trucks, coveri;j of haul vehicles, stabili-.ing agents in solution, dust pallatives, pene- tration asphalt on temyurary roads, wood chips, plastic sheeting, but 1 t 4 ' mainly through the scheduling of work and th-p controls needed to minimize exy,osure to dusting conditions. The engineer navy increase or decrease the restrictions during his analysis of the project conditions. ' In the event of conflict betwean these requirements and pollution control laws, rules, or regulations of other Federal or State or local ager,Lics, ' the more restrictive laws, rules, or regulations shall apply. METHOD OF MASURE IT AND PAYI-TOT: In the event that temporary erosion and pollution control measures are required du, to the contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled, and are ordered by the engineer, such work shall be performed by the contractor at his own expense. 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 ordered by the engineer. Were the work to be performed is not attributed to the contractor's ' negligence, carelessness or failure to install permanent controls and falls within the specifications for a work item that hu a contract price, the units of work shall be paid for at the proper contract price. Should the work not be comparable to the project work under the applicable contract items, the contractor shall be ordered to perform the work on a force account b"Is, or by agreed ' unit prices. In case of repeated failures on the part ofOth contractor to control erosion, pollution, and/or siltration, the eer reserves the right to employ outside assistance or to use his own forces to provide the necessary corrective measures. Such incurred direct cost plus appropriate engineering and administrative costs will be charged 1 to the contractor and appropriate deductions made from the contractor's progress estimate. ' Temporary pollution control may include construction work outside the defined work area where such work is necessary as a result of borrow pit operations, haul roads and equipment storage sites. ' The control features installed by the contractor stall be acceptably maintained by the contractor. ' 6IWITARY FACILITIE.): The contractor shall provide suitable sanitary facilities foe usr of his employees and inspection personnel. Such facilities, temporary or permanent, ' obal.l meet local sanitary codes, and ray not contribute untifated savage to any dry or floving watercourse. There will be no separate payment for this item. 1024/74 AC 150/5370-10 DIVISION I GENERAL PROVISIONS SECTION 10 ' DEFINITION OF TERMS ' Whenever the following terms are used in these specifications, in the contract, in any documents or other imstruments pertaining to conscruction where these specifications govern, the intent and meaning shall be ' interpreted as follows: 10-01 AASHTO. The American Asscciation t 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 ADAP. The Airport Development Aid Program, a grant-in-aid program, administered by the Federal Aviation Administration, ' 10-04 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be pegformed and materials to be furnisher,. 1 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. ' 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildin;s and facilities, if any. 1 DIV I Page 1 10/24/74 AC 150/5370-10 DEFINITION OF TERMS 1 10-07 ASTM. The American Society for Testing and Materials- 10-08 YARD. The acceptance, by the owner, of the successful bidder's proposal 10-09 BIDDER. Any individual, partnership, firm, o.- corporation, acting t directly or through a duly authorized representative, who submits a proposal for the u rk contfinplated. ' 10-10 BUILDING AREA. A,i 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 ind faci:!ties located thereon. I 10-11 CALENDAR DAY. Every day shown on the calendar. ' 10-12 CHANGE ORDER. 1, written order to the contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the sco of the contract. 10-13 CONTRACT. The written agreement covering the work to be perfoirned. 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 certificater; The Srecifi:;tiens; 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 auto(prized time extensions. If a calendar date of completion is stated in 1 Page 2 DIV I ' 10/24/74 AC 150/5370-10 DEFINITION OF TERMS 1 the proposal, in lieu of a nirnber 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 construct:)n and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract a.= 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 ;uly authorized representative. i 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 Go,;ernment. They may be obtained from the Specifications Activity, Printed Maceriais Supply Division, Building 197, Naval Weapons P1ent, Washington, p. C. 20407. i 1 DJ,V I Page 3 J AC 150/5370-10 10/24/74 DEFINITION OF TERMS 10-23 INSPECTOR. An authorized representative of the engineer assigned tc, 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 'T'ERMS. 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 t be understood that the direction, requirement, permission, order, designation, 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 1.ASORATORY. The official testing laboratories of the owner or such other laboratories as may be designates' by the engineer. 1 10-26 t1GHTING. A system of fixtures providing or controlling the light t sources used on or near the airport or within the airport buildings. The field lightint; includes all luminous signals, markers, floodlights, and illuminLting devices used on or near the airport or to aid in the operation of aircraft landing at, tak•.•ig off from, or taxiing on the airport surface. 10-27 2'.AJOR VD M[\OR CONTkACT ITEMS. A major contract item shall be any ' item than iisted in the proposal, the total cost of which is equal to or greater than 10 percent of the total amount of the awarded contract. All other items shall be considered minor contract items. ' 10-28 MATERIALS. Any substance specified for use in t.- construction of the contract work. Page 4 DI,F I e 10/24/74 AC 1!`,1/5310-i0 ' DEFINITION OF TERMS e 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 e Noticc: to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR . The term owner shall mean the party of the first ' part or the contracting agency signatory to the contract. For ADAP contracts, the term sponsor shall have the same meaning as the term owner. e 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of sec,irity furnished by the contractor and his 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. e 10-33 PERFORMANCE BOND. The approved form of security furnished by the contractor and his surety as a guaranty that the contractor will complete the work in accordance with the terms of the contract. e 10-34 PLAINS. The official drawings or exact reproductions, approved by the engineer, which show the location, character, dimensions and details of the e airport and the work to he done and which are to be considered as a part of the contract, supplementary to the specifications. 10-35 PROJECT. The agreed scope of work for accomplishing br=cific airport development with respect to a particular airport. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to pe-form the contemplated work and furnish the e necessary materials in accordance with the provisions of the plans and specifications. M 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by tkie ;,wner. DIV T Page 5 ' AC 150/5370-10 10/24/74 DEFINITION OF TERNS ' 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. ' 10-39 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract ' specifications by reference shall have the same force and effect as if included in the !ontract physically, ' 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basics; inlets; retaining walls; cribbing; storm and sanitary sewer lines; ' water lines; inderdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the t airport that may be encountered in the work and not otherwise classified herein. 10-41 SUSCRADE. 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 SUPPL-PX NTAL ACREEkTN T. A written agreement between the contractor and the owner covering: 1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the ' originally awarded contract, or 2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the contractor,executing payment or performance bonds which are furnished to the owner by the contractor. Page 6 DIV I ' 10/14/74 AC 150/5370-10 DEFINITION OF TERMS 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been ' designated b} 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 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the contractor's control, Saturdays, Sundays and holidays on which the contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 1 1 DIV I Page 7 (Reserve Page 8) ! 10/24/74 AC 150/5310-10 SECTION 20 ' PROPOSAL REQUIREMENTS AND CONDITIONS ' 20-01 ADVERTISEMENT (Notice to Bidders). ' M official notice to contractors stating the time and place for the cubmission of sealed proposals on designated projects or proposed work. This notice shall contain a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the owner to reject any or all bids. ' 20-02 RESERVED. iI I .I 1 1 1 1 DTY I Page I 1 ' ,AC 150/5370-10 10/24/74 PROPOSAL REQUIREMENTS AND CONDITIONS 1. 1 ' 20-03 CONTENTS OF PROPOSAL FOR}iS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal foetus 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 p;oposal whether attached or not. i 1 1 1 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the rigat 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 pregi:alification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirerent for bidding. 1 (b) Failure to pay, or satiafa:torily settle, all bills due f%r labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. 1 (c) Contractor default under previous contracts with the owner. 1 ' Page 10 DIV I ' 10/24/74 AC 150/5370-10 ' PROPOSAL REQuI-tm mrS AND CONDITIONS ' (d) Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QiIAN'£iTIES. An estimate of quantities of work to be done and materials co be furnished under these specifications is given in the proposal. It is the result of careful ' calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidde plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other :onditions pertaining to the work. Payment to the contractor will be mad-q only for the actual quantities of work performed or materials furnished in acen rdance with the plans and specification,. It is understood that the quantities may be increased or decreased as heltinafter provided in the subsection titled ALTERATION OF WOR% AND QUANTITIES of ' Section 40 without in any way invalidating, the uni, bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONg, ANV 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, materiels to ' be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie ev+ nce that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the ' proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are ' available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the ' owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his examination ' of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his proposal on the forms furnished by the own s. All blank spaces in the proposal forms must ' be correctly filled in where indicated for each and every item for which a Div I Page 11 1 ' AC 150/5370-10 10/24/74 PROPOSAL REQUIREMENTS AND CONDITIONS ' 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 t furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his proposal correctly and in ink. If the proposal is ' made by an individual, his 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, set•retary, and the treasurer. Anyone signing a proposal as an ' age.`. shall file evidence of his authority to do so and that the signature is b,nding upon the firm or corporation. ' 20-08 IRb~.jLAR PROPOSALS. Proposals shall be considered irregular for t'ne following reasons: ' (a) If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of 0e proposal form is detached. ' (b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. (c) If the proposal does not contain a unit price for each pay Item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. (d) If the proposal contains unit prices that are obviously unbalanced. (e) if the proposal is not accompanied by the proposal guaranty specified by the owner. ' For ADAP contracts, proposals shall be considered irregular for any of the reasons stated and, in addition, if the proposal is "nonresponsive" with respect to the requirements as specified in the proposal form. 1 1 PaLe 12 DIV I ' 10/24/74 AC 150/5370-10 1 PROPOSAL REQLIREMENTS AND CONDITIONS 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 owne* and conforms to local laws and ordinances pertaining to the letting of ' construction contracts. 20-04 PROPOSAL GUAF.,kNTY. Each separate proposal shall be accompanied by a certified check, of other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. ' 2?-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelopr 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, -ked as indicated above, should be enclosed in an additional envelope. %o p. ,osal will be ' considered unless received at the place specified in the advertisement before the time specified for opening all bids. °roposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REV1S10' OF M)POSAI.S. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal ' provided that the bidders 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 OPFNIFG OF PROPOSALS. Proposals shall be pened, and read, ' publicly at the time and place specified in the idvertisement. Bidders. their authorized agents, and other interested persons are invited to attend. r DIV I Page 1? 1 AC 150/5370-10 10/24/74 ' PROPOSAL REQUIREMENTS ANA CONDITIONS Proposals that have been wit;tdi.wn (by written or telegraphic request) or received after the tine specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICETION 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 ,uch participating bidder has been reinstated by the owner as a qualf.iied bidder. ' (c) If the bidder is cor idered to be in "default" for any reason specified in the subsection titled ISSUANCE Of PROPOSAL FORMS of this section. 1 1 1 t Page 14 DIV I 1 10/24/74 AC 150/5310-10 ' SECTION 30 AWJ.RD AND EXECVf ICN OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the suumation of the products obtained by multiplying the estimated quantities shovq in the prop.rsal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices writ*rq in numbers, the unit price written it words shall gove►m. 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 13 irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. (b) If the bidder is riisqualified 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 lows or r.gulations pertaining to the letting of construction. contracts; advertise for new proposals; or proceed with the work otherwise. A11 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 30 caleidar days of the date specified for publicly ' opening proposals, unless otherwise specified h rein. 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. 1 i 1 ' DIV I Page 15 ' AC 150/5370-10 10/24/74 AWARD AND EXECUTION OF CONTRACT 30-03 CANCELLATION OF AliARD. The owner reserves the right to cancel tht award without liability to the bidder, except return of proposal guaranty.. at any time before a contract has been fully execut.~d by all parties and is appruved 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 heretnbefore 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 contract bonds as specified its the subsection titled RECUiREMFNTS OF CONTRACT BONDS of this section. ' 30-05 REQUIREMENTS OF CONTRACT BANDS. At the time of the execution of the ' contract, the successful bidder shall furnish the owner a surzty bond or bonds which have been fully executed by the bidder and his ,ty guaranteeing the performance of the work and the paymect of all legal debts that may be incu-red by reason of the contractor's pertormance of the work. ' The surety and the form of the bond or bonas 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 REQ111RGMrW1, OF CONTRACT HOW of this section, within 15 calendar days from the date milled or otherwise delivered to the successful bidder. If the contract is mailed, tipecinl ' handling is recommended. Page 16 DIV I 1 r 10/24/74 AC 15015370-10 1 AWARD AND EXECUTION OF CONTRACT 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and conLract 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 1 ordinances, and return the fully executed contract to the contractor. Delivery of the fully executed contract to the contractor shrill 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 tL a contract and furnish an acceptable surety bond or bonds within thr 15 calendar day period specified in the subsection titled REQUIREHENTS OF CONTRACT SOLIDS 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. 1 i 1 . 1 r 1 1 M DIV I Page 17 (Reserve page 18) 1 ' 10/24/74 AC 150/5370-10 1 SECTION 40 ' SCOPE OF WORK ' 40-01 INIENT OF CONTRACT. The intent of the contra.i is to provide for construction and completion, in every detail, of the work described. It is further intenu:d 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 14ORK MD QUANTITIES. The owner reserves and shall have the right to make r,uch alterations in the work as may be necessary or iesirable 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 dezrease the originally awarded contract qua•titie.., 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 cn the unit prices and estimated quantities in th_ aware..ed 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 t.. "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 1 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. 1 DIV I Page 1. 1 AC 150/5370•-10 11/24/74 SCOPE OF WORK 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 omitte(I or otherwise ordered to be nonperformed, th. contractor shall be paid for .:1 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 1 OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contr-.t 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 W)rk. Extra work that is within the general scope of the contract shall :E covered by written change order. Change orders for such extra work sha1► 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 su:.h extra work.' ' 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. t Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by tie owner. 1 Page 20 DIV 1 r 1 7 10/24/74 AC 150/5370-10 ' SCOPE OF WORK ' 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 rgreed that the contractor shall provide for the free and unobstructed t3ovament of Eircraft in the air operations areas of the airport with respect to his own operations and the operations of all his 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 FACILTi 'S OF OTHERS in Section 70. With respect to his own operations and the operations of all his 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 traffiL. on an existing road, strret, 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, striet, or highway open ' to all tra°fic and shall provide such maintenance as may be required to accommodate traffic. The contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for ' Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The contractor shall also construct and maintain in a safe condition any temporary connections ' necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the contractor will not be required to furnish snow removal for such existing ' road, street, or highway. The contractor shall make his own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this ' subsection shall not be measured or paid for directly, but shall be included in the various contract items. ' DIV I Pane 21 1 1 AC 150/5370-10 10/24/74 t SCOPE OF WORK ' 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing Structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on -he plans, the engineer shay: he 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 T11E 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', t 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 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, Page 22 DIV I 10/24/74 AC 150/5310-10 1 SCOPE OF WORK ' (c) Use such material for his own temporary construction on site; or, (d) Use such material as .ntended by the terms of the contract. 1 Should the contractor wish to exercise option (a), (b), or (c), he shall request the engineer's approval in advance of such use. ' Should the engineer approve the contractor's request to exercise option (a), (b), or (c), the contractor shall be paid for the excavation or removal of such material at the applicable contract price. The contractor shall rc-11ace, at his 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 use of such material so used in the work or removed from the site. ' Should the engineer approve the contractor's exercise of option (a), the contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item lit which the material is used. It is understood and agreed that the contractor shall make no claim for ' delays by reason of his exercise of option (a), (b), or (c). 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. 1 40-05 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 311 brush and woods within the limits indicated and shall leave the site in a ' neat and presentable condition. Material cleared f.~om 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. ' DIV I Page 23 (Reserve Page 2,.) 1 1 10/24/74 AC 150/5370-10 SECTION 50 1 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 1 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 1 different contractors on tLe 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 under the contract. 1 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, 1 grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications. 1 If the engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in liis 1 opinion, result in a finished product having a level of safety, economy, Llurability, and workmanship acceptable to the owner, he will advise the owner of his determination that the affected work be accepted and remain in ' place. In this event, the engineer will document his determination :Ind recom -end to the owne, a basis of acceptance which will provide for, an adjustment in the contract price for the affected portion of the work. The 1 engineer's determination and recommended contract price adjustments will he based on good engineering judgement and such tests or retests of the affected work as are, in his opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental 1 agreement) as applicable. If the engineer finds the materials furnished, work performed, or the 1 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 1 corrected by and at the exprnse of the contractor in accordance with the engineer's written orders. r 1 DIV I Page 25 1 I ' AC 150/5370-11? 10/24/74 ' CONTROL OF WORK 1 For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the contractor's responsibility to comolate the work in accordance with the contract, plans, and r, ifications. The term shall not be construed as waiving the engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the contractor's prosecution of the work ' when, in the engineer's opinion, such compliance is essential to provide an acceptable finis!ti 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 judgement in his determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or t better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION nF CCNTRACTi PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced stana.rds 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 FM advisory circulars; contract general provisions shall go,,ern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern ' over cited standards fnr 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 interpretation and decision, and such decision shall be final. 1 Page 26 DIV I 1 ' 10/24/74 AC 150/5370-10 ' CONTROL OF WORK 1 50-04 COOPERATION OF CONTRACTOR. The contractor will be supplied with two copies each of [ite plans and specifications. He shall have available on the work at all times one copy each of the plans end specifications. Additional 1 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 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 -it all times who is fully authorized as his agent on the work. The superintendent shall be capable of reading and thoroughly 1 understanding the plans and specifications and shall receive and fulfill instructions from the engineer or his authorized representative. ' 50-05 COOPERATION nE vvEV 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 an one project, shall conduct his work so as not to interfere with orhinder 3the ' progress of compirtirn of the work bring performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. ' Each contractor involved sliall assume all liability, financial or otherwise, in connection with his 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 hecause of the presence and operations of other contractors working within the Iiinits of the same project. ' The contractor shall arrange his work and shall place and dispose of the materials being u:;ed so is not to interfere with the operations of the other ' contractors within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. r r DIV I Page 21 r 1 1 SECTION 50-CONTROL OF WORK All paragraphs shall apply with the following exception: 1 -0-06 CONSTRUCTION LAYOUT AND STAKES. Delete the paragraph and substitute the following: 1 The Contractor will perform the staking during construction of the work. It shall be the responsibility of the Contractor to construct the work to the position and elevations as set out on the plans and approved changes. The Engineer will furnish the Contractor control points and ' bench marks and from the control points and bench marks establishP,4 by the Engineer, the Contractor shall establish and be responsible ft . the correctness of alignment, elevation and position of all construction 1 required by the contract. The Engineer, may, at his option, make spot or complete checks on all construction alignment and grades to determine the accuracy of the Con- tractor's survey work. These checks, however, will not relieve the Con- tractor of his responsibility of constructing tle work to the positions and elevations as shown on the plans or approved changes. ' The Contractor shall furnish free of charge all stakes and other materials necessary to preserve control points for alignment and grade. 1 The Contractor will be held responsible for the preservation of all con- trol points established by the Engineer. No direct payment will be made for phis work, but the cost of all labor, equipment and supplies necessary to hr,rform the work shall be included in the contract unit prices bid for the various contract items. 1 1 1 1 ' AC 150/5370-10 10/24/74 ' CONTROL OF WORK f ' 50-06 CONSTRUCTION LAYOUT AND STARES. Unless otherwise penvided for in this subsection, the engineer shall furnish the contractor with all lines, grades, and measurements necessary to the proper prosecution and control of ' the work contracted for under these specifications. The contractor shall satisfy himself as to the accuracy of all measurements before constructing any permanent structure and shall not take advantage of any errors which may ' have been made in laying out the work. Such stakes and markings as the engineer may set for either his own or the contractor's guidance shall be scrupulously preserved by the contractor. In case of negligence on the part of the contractor, or hs employees, resulting in the destruction of such t 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. 1 1 50-07 AUTOMATICALLY CUA TROLLED CQPIPI-tI:NT. "enever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the ,~ut~m~tic control., occurs, the equipment may be operated minually or by other methods for a period of 46 hours following the breakdown or malfunction, provided this method of ' operations will produce results waich conform to all other requirements of the contract. ' 50-08 AU711ORITY AND DUTIES OF I:;;PECTORS. 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 parr 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 rf the contract. Inspectors are not authorized to issue instructions con'cary ' to the piar,s and specifications or to act as foreman for the contractor. Inspectors employed by the owner are authorized to notify the contractor or t his representative of any failure of the work or material:, to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues ran be referred to the ' engineer for `ris decision. ' Page 28 D1V I ' 10/24/74 AC 150/5370-10 ' CONTROL OF wJRK ' 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspeeti,,)n 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 inspectio:.. If the engineer requests it, the contractor, at any time before acceptance ' of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should ' the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or ' examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making goof of the parts removed will be at the contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspe t such work. Such inspertion 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, 1 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform 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 ANT) SPECIFICATIONS of this section. ' Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause fouad to exist prior to the final acceptance of the work, shall be removed immediately and ' replaced in an acceptable manner in acccrdance with this provisions of the subsection titled Contractor's Responsibill.ty for Work of Section. 70. ' DIV I Page 2i 1 1 ' AC 154/5370-10 10/24/74 CONTROL OF WORK ' No work shall be done without lines and grades having been given by the engineer. Work done contrary to the instructions of the engineer, wor.( 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 anti order of the engineer made under the provisions of this subsection, the engineer will have authority to cause unacceptable work to he 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. 1 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 spektal permit will not relieve the conttactor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall he )imited as directed. No loads will he permitted on a I'I concrete pavement, ba!;e, or structure before the expiration of the curing period. The contractor shall be responsible for all damage done by his hauling equipment and s,iall correct such damage at his own expense. 50-12 MAINTENANCE DURING CO.SSTRUCTMA. The contractor shall maintair. the work during constnuction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. ' In the case of a contract for the placing of a coarse upon a coarse or subgrade previously constructed, the contractor shall maintain the previous course or subgrade during all construction operations. All costsof maintenance work during construction and before the project Is accepted shall be included in the unit prices bid on the various contract ' items, and the contractor will not be paid an additional amount for such work. i Page 30 DIV I 10/24/74 AC 150/5370-10 CONTROL OF WORK ' 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 t1,e project the contractor substantially col,pletes a usable unit or portion of ' the work, the occupancy of which will ber,efit 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 1 with the contract, he may accept it as being completed, and the contractor may be relieved of further responsibility for that unit. Such partial acce}tance and beneficial occupancv by the owner shall not void or alter any ' provision of the contract. 50-15 F117AL ACCEPTANCE. Upon due notice from tho cc,itrartor 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 t:,e necessary instructions for correction of same, and the contractor shall immediately comply Faith and eyecute such fnstructions. Upon correction of the work, another inspection will be made whict, shall constitute the final inspection, provided the work has been Fatisfactorily 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. ' DIV I Page 31 t ' AC 150/5370-10 10/24/74 t CONTROL OF WORK ' 50-16 CLAIMS FOR ADJUSTME*:f AND DISPUTES. If for any reason ti,e contractor deems that additional compensation is due him for work or materials not clearly provided for in th-: contract, plans, or specifications or previously ' authorized as extra work, lie shall notify the engineer in writing of his intention to clait;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 th-t claim. When the work on which the claim for additional compensation is hal-ed has been completed, the contractor shalt.; within 10 ' calendar days, submit hls written claim to the engineer who will present it to the owner for consideration in accordance with local laws or ordinances. ' Nothing in this subsection shall be construed as a waiver of the contractor's right to dispute final payment based on differences in measurements or computations. 1 1 t 1 ' Page 32 DIV I 1 ' 10/24/74 AC 150/5370-10 ' SECTION 60 ' CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials use; 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 inspectirn and testing of materials, the contractor shall furnish complete statements to the engineer as to the origin, composition, and manufacture of all raterials 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 started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, ' the contractor shall furnish materials from other sources. The contractor shall furnish airport lighting equipment that conforms to the ' requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the contractor shall furnish such equipment that is: t (a) Listed in the FAA Advisory Circular (AC) 150/5345-1, Approved Airport Lighting 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. 1 1 DIY I Pags 33 ' AC 150/5370-10 10/24/74 CONTROL OF MATERIALS 1 t 60-02 SAMPLE:;, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the engineer shall be performed at the contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the engineer, shall be removed at the contractor's expense. Unless otherwise designated, tests in accordance ' with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. ' All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the contractor's representative at his request. 60-03 CERTIFICATION OF COMPLIANCE. The engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when sce~mp~ni ' by manufacturer's certifi-ates 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. 1 ' Page 34 DIV I t 10/24/74 AC 150/5370-10 CONTROL OF MATERIALS Materials or assemblies used on the basis of certificates of compliance may ' be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. t The form and distribution of certificates of compliance shall be as approved by the engineer. ' Wien a material or assembly is specified by "brand name or equal" and the contractor elects to furnish the specified "brand name," the contractor s;iall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such 1 certificate of compliance shall clearly identify each lot delivered and shall certify as to: t (a) Conformance to the specified performance, testing, quality or dimensional requirements; and, (b) Suitability of the material or assembly for the use intentfed 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. 1 ' 60-04 PLANT INSPECTION. The engineer or his authorized representative m:" inspect, at its source, any specified material or assembly to be used in the woek. 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 ' acceptance of the material or assembly. t DIV 1 Page 35 AC 150/5370-10 10/24174 • CONTROL OF MATERIALS Should the engineer conduct plant inspections, the following conditions shall exist: (a) The engineer small 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 icasonahle times to such ' parts of the plant that concern the manufacture or production of the materials War, furnished. (c) If required by the engineer, the contractor shalt 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. 1 It is understood and agreed that the owner shall have the right to retest any material which has been t.sted 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. ' 60-05 ENC.INF.ER' S FIELD OFFICE AND LABORATORY. ldhcn specified and provided for is a contract item, the contractor shall furnish a building for the ' exclusive use of the engineer as a field offico ind field testing laboratory. The building shill be furnished and maintained by the contractor as specified herein and s:inll become property of the contractor when the contract work is completed. 1 ~I ' 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 tl•eir use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The contractor shall coordinate the storage o° 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 show: ' Page 36 b`V I 1 t 10/24/74 AC 150/5170-10 CONTROL OF K%T£RIALS on the plans, the storage of materials and the location of the contractor's plant and parked equipment or vehicles shall he as airected 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 entire expense, except as t otherwise agreed to (in writing) by the owner or lessee of the property. ' 60-07 UNACCEPTABLE MATF RiALS. Any material cr assembly that does not conform to the requirements of the contract, plan::, or specifications shall be considered unacceptable and shall he rejected. The contractor shall ' remove any rejects' material or assembly from the site of the work, unless otherwise instructed by the engineer. No rejected material or assembly, the aefects 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 use in the work. 60-08 OWNER-FURNISHED t< lFtrIALS. The contractor shall furnish all materials required to complete the work, cxcL' pt those specified herein (if ' any) to he furnished by the owner. Owner-furnished materials shall he 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 iucludod in the unit price bid for the contract item in which such owner-furnished naterial is used. After any owner-furnished material has boon 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. ' DIV I Page 37 (Reserve !'a-.c 33) ' 10/24/74 AC 150/5370-10 t SECTION 70 ' LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 70-01 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 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 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 1 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 1 time during the prosecution or after the completion of the work. ' 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAH) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated a- t fol lows : t DIV I Page 3^ e AC 150/5370-10 10/24/74 ' LEGAL RELATIONS AND RESPONS131LITY TO PUBLIC Person to Contact Owner Location (Name, Title, Address ' (Utility or Other Facility) (See Plan Sheet No.) and Phone) Except as listed above, the contractor shall not permit any individual, firm, or corpo,-ation 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 ' constrict, 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 .)r not such work by others is listed above. When ordered as extra work by the engineer, the contractor shall make all necessary repairF to the work which are due to such authorized work by others, unless rtherwise 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 duc to such authorized work by others or for any delay to the work resulting from such t authorized work, 1 1 1 Page 40 nIV I 1 ' 10/24/74 AC 150/5370-10 LEGAL RELATIONS AND RESPUNSIBILIW TO PUBLIC 1 1 1 I 70-05 FEDERAL AID PARTICIPATION. For AIMP 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 States Government's (FM's) agreement with the owners the owner has included ' provisions in this contract pursuant to the requiremant5 of the Airport and Airway Development Act of 1970 (84 stat. ?19), as amended, and the Rules and Regulations of the Federal Aviation Administration that pertain to the work. r As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, Federal Aviation Administration and is further subject to those provisions of the rules ant regulations that are cited in the contract, plans, or specifications. ' No requirement of the Act, the rules aril rvg ulations implementing the Act, or this contract shall be construed as niking tiie Federal Government a party to the contract nor will dny such requiremvnt intsrfvre, in aay w,y, with ' the rights of either party to thu contract. ' 70-06 S,INITAR_Y, 111:11_111t_lYU SAF1;71' 1'R0%PJs1 MS. 7hc contractor shall provide and mafnt.iin in a neat, s.-initary co,idition melt accorunodations fur the use of hiy emi,luvecs :is may he nrcess,iry to .o;,114y with the rcquiremunts of the State and local Board of Health, or of other hod!es or tribunals having Jurisdiction. Attention is directed to Federal, State, 1111d local laws, rules and regulations concerning construction safety and hrdlth standards. The contractor shall ant require any worKef to work iu surroundings or under conditions which arc unsanitary, hazardous, or d.ui,~vroud to his health or safety, 1 1 . r r DIV I page 41 1 . 1 AC 150/5370-10 10/24/74 LEGAL RELATIONS AND RESPONSIBLLITY TO PUBLIC 1 70-07 PUBLIC CON W NIEYCE AND SAFETY. The contractor shall control his ' operations and t;iose of his 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 trafi[: with respect to his own operations and those of his subcontractors and all suppliers in accordance with the subsection titled ' MAINTENA14CE OF TRAFFIC of Section 40 hereinbefore specified and sh•i11 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 SICNSo AND HAZARD M1RR1N S. The contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs and hazard markings ' shall be suitably illuminated. For vehicular and pedestrian traffic, the contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). i When the work requires closing an air operations area of the airport or portion of such i:rea, the contractor shall furnish, erect, and maintain ' temporary markings and associated lighting conforming to the requirements of FAA 1%.Ivisory Circular 150/5340-1, Marking cf Paved Areas on Airports. The contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport In reasonable conformance to FAA Advisory Circular 150/5370-2, Safety on A:rpotts During Construction Activity. ' The contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370-2. 1 ' Page 42 DIV i 100~r ' 10/24/7.4 AC 150/5370-10 LEGAL RELATIONS Mot) RESPONSIBILITY TO PUBLIC 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. 1 Open-flame type lights shall not be permitted within the air operations areas of the airport. ' 70-04 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. Al) 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 t!c engineer and, lit general, not closer than 1,000 feet ' from the work or ''rom any building, road, or other place of human occupancy. The contractor shall notify each property owner and public utility company ha%ing structures or facilities in proximity to the site of the work of his t intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. ' The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70-10 FROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The contr, shall be responsible for the preservation of all public and private property, acid shall protect carefully from disturbance or damage all kind monuments and property marks until the engineer has witnessed or otherwise referenced their location and shall not move them until directed. r ' DIV I Pa£~ '3 AC 150/5370-lo 10/24/74 LEGAL RELATIONS AND RESPUNSIBILITY TO PUBLIC The ccntractor 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 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 ha,.e been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the contractor, he shall restore, at his own t expense, su Ji property to a condition similar or equal to that existing before sucf. damage or injury was done, by repairing, rebuilding, or otherwise rescuring as may be directed, or he shall make good such damage or ' injury in an acceptable manner. ' 70-11 RESPONSIBILITY FOR DAMAGE CLAWS. 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 en account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or becau+e 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 :..:ims or auu ants arising or recovered under the "Workmen's Compensation Act," or any other law, Ordinance, order, or decree honey due the contractor wider and by virtue of his 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 surety miy 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 adequat-Iy protected by public liability and property damage insurance. ' 70-12 THIRD PARTY BENEFICIARY CLAUSE. It 4: specifically agreed between the parties executing the contract that it is ne6 intended by any of the provisions of any part of the contract to create the i+uhlic or any member t thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal inj iri,~ or j,iop~,rtg damahc pursuant to the terms or provisions of tits cuaL ract. ' rage 44 DIV 1 1 10/24/74 AC 150/5310-10 t LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 70-13 OPENING SECTIONS OF THE WORK TO TM FFIC. Should it be necessary for the contractor to complete portions of the contract work for the beneficial uccupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified hei~in and indicated on the plans. ' When so specified, the contractor shall complete such portions of the wotk on or before the date specified or as otherwise specified. The contractor shall make his own estimate of the difficulties involved in arranging his work to permit such beneficial occupancy by the owner as described bellow: Phase or Required Date or Sequence Work Shown Description of Owner's Beneficial Occupancy on Plan Sheet t ' ij,on conplocion of any portion of the work l0,ove, -,uc;,, portion shall be accepted by tho owner in accordance with the suusection titled PARTIAL. ACCEPTd1.VCE rf S-,-tion 50. Nn portion of the work rj.iy be opened h/ the r )ntr.act.ir `or public use until t ordered by the vun~iiio r :n writing. Should it i,Lccsmc nccessar to open a portion of the work. to public traffic on a temporary or ipterrittent basis, such openings shall by m,idc w),-,n, in the opinion of tlu engint-or, such ' ;ortion of the work is in an acceptable condition to support the intended traffic. Temporary or in,.rmitLent openiuis are considered to he inherent in the work and shall not constitute either acceptance of the portion Of tha work s, opened or a u-,iivor of any Provision of the contract. Any 41,k-Ig r the portion of the work so opened that is not attributable to traffic which is petriftted by the 4,wacr n.iall be repaire i by the contractor at h f s expense. ' DIV I P,a7•.. S 1 AC 150/5370-10 10/24/74 i LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC e The contractor shall make his own estimate of the inherent difficulties ' involved in c3mpleting the work under the conditions herein described ar.i shall not clai- any added compensation by reason of delay or increased cost due to opening a portion of the contract work. ' 70-14 CONTRACTOR'S ~ZSFONSIRILITY FOR WORK. Until the engineer's final written acceptance of t;ie entire completed work, excepting only those portions if the work accepted in accordance with the subsection titled PARTIAL. ACCEPTANCE of Section 50, the contractor shall have the charge and cait thereof and shall take every precaution against injury or damage to an} ' part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution 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 dami:.e to the work due to unforeseeable causes beyond the control of and without one fault or negligence of the contractor, including but not restricted to acts of t,id such as earthquake, tidal wave, tot,,,lo, hurricane or other cataclysmic phenomenon of nature, or acts of the public gnemy or of governmental authorities. ' If the work is sus1lendt.i for any cause whatever, the contractor shall be responsible for the wor:c and shall take such h,rrCaut ions necessary to prevent damage to the work. The contractor shall provide for normal drainage and sh-11 ervct necessary temporary structures, signs, or ot}ar facilities at his expense. Ih.ring such period of su.-;pension of work, the contractor shall properly and continuously maintain in an acceptable growini; ' condj[ion x11 living material in newly established plantings, seedings, and soddings furnished under his contract, and shall take adequate precautions to protect new tree g-owth and other important vegetative growth against injury. ' 70-15 CONTRACTOR'S RESPONSIBILITY FOR UfILIYY S1711V1CE AND FACILITIES OF OTHERS. As provid(-d in the subsection titled RE WRATION OF SURFACES DISTURBED BY OTHERS of this section, the contractor shall cooperate with thc- owner of any public or private utility service, FAA or Aational Oceanic Atmospheric Administration (NOAH), or a utility service of another government agency that may be authorized by the owner to cohnsLrucL, reconstruct o: maintain such utility services or facilities during the i progress of the work. In addition, tine contractor shall control his operatio•Is to prevent the unscheduled interruption of such utility service!; and facilities. Page 46 DIV 10/24/74 AC 150/5370-10 LEGAL RELATIONS A14D RESPONSIBILITY TO PUBLIC To the extent that such public or private utility services, FAA, or NOAA ' facilities, or utility services of another governmental agency are knoum 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: Utility Service Person to Contact Owner's Emergency or Facility _ (Name, Title, Address, S Phone) Contact (Phone) 1 ' It is understood an,? agreed that the owner does not guarantee the accuracv or the completeness of the location information relating to existing t.tility setvices, 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 responsibility to protect such existing features from damage or unscheduled interruption of service. 1 It is further tuiderstuod and agreed that the contractor shall, upon execution of the contract, notify the owners of all utility services or ' other facilities of his plan of operations. Such notification shall be DIV I Paga 1,7 AC 150/5370-10 10/24/74 1 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ' writing adiressed 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 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 -wner of 1 his 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 ot.tification shall ' be given by the most expeditious means to reach tho 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 p.bvided ' 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 co the vro und. the contractor shall he required to use excavation methods acceptable to the engineer within 3 feet of such outside limits at such points as may be required to insure protection from damage due to the ' .ontractor's operations. Should the contractor damage or interrupt the operation of a utility service or facility by accido.rt or otherwise, he shall immediately notify the proper ' authority and the eneincer aa(! shall take all reasonable measures to prevent farther damage or interruption of service. The contrartor, 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 hear all costs of damage and restoration of service t) any utility service or facility due to his operations whether or not due to negligence or ,accident. 'lte contract owner reserves the right to deduct su..h ' costs from any monies due or which may become doe the contractor, or his surety. Page 48 D l'! I 1 1 10/24/74 AC 150/5370-10 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 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 ir. advance of the contractor's operations. 1 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be nn liability upon the engineer, his authorized representatives, or any official. of the owner either personally or as an official of the owner. It is understood that in suc.i matters they act solely as agents and representatives of the owner. 1 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner 1 wili 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 1 estopl,se.. from recovering from the contractor or his surety, or both, such overpayment as may be sustained, or by failure on the part of the contractor to fulfill his obligatim;;s under the contract. A waiver on the part of the 1 owner of any breach of any part of the contract shall not be held to be . waiver of any other or subsequent breach. 1 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 rr guaranty. 1 70-19 ENVIRONMENTAL PROTECTION. The contractor shall comply with all 1 Federal, State,and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from 1 particulate and gaseous matter. 1 1 1 1 DIV I Page A, 1 AC 150/5370-10 10/24/74 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ' 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 encotuiter, during his operations, any building, part of a building, structure, or object which is incongruous with its surroundings, ' he shall immediately cease operations in that location and notify the engineer. The engineer will immediately investigate the contractor's finding and will direct the contractor to either resume his 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 EXIE14SION OF CONTRACT TIME of Section 80. t 1 1 ' Page 50 DIV I ' 10/24/74 AC 150/5370-10 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC t 1 ' DIV 1 Page 51 (Reserve Page 5'2) 10/24/74 AC 150/5370--10 SECTION 30 PROSECLrf to'i AND PPMC ..s- ' 80-01 SLS LETTING OF CONTRACT. The owner will nat recognize any subcontractor on the work. The contractor shall at 1LI times when work L., in progress be represented either in person, by a y,calified :oipc rinteuden[, or by other designated, qualified representative vain is duly authorized to receive and execute orders of the engineer. ' Should the contractor elect to assign his contract, s,iid assLr;ns,iant sltial.l be concurred in by the surety, shall be presented for the consideration and ' approval of the owner, and shall be consummated oniy ^n the written approval of the owner. In case of approval, the contractor sl.cll file copies of III subcontracts with the engineer. ' 80-02 NOTICE TO PROCEED. The notice to pruceed shall state 04(2 date or which it is expected the contractor will begin the LonstructiL)n and from ' which date contract time will be charged. The contractor shall begin Ole 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 ev,nt, the contractor shall notify the engineer at least 24 ho,irse It. advance of the titre actual construction operations will begin. ' 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the contractu: shall submit his 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. Tire contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance wlLh the plans and specifications within the time set forth in the proposal. If the contractor falls significantly behind the submitted sched-Ac, the ' contractor shall, upon the engineer's request, submit a revised schedule for completion of the work within the contract time and modify his 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. DIV I pice AC 150/5370-10 10/24/ 74 t ' PRO SECITCION AND PROGRESS For ADAP contracts, the contractor shall not commence any actual construction ' prior to the date on which tine notice to proceed is issued by the owner, 1 t 80-04 LIMITATION OF OPERATIONS. The contractor shall control his operations and the operations of his 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 operations within an ' AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the engineer) at least 48 hours prior to commencement of such work. The contractor shall not close an AIR OPERATIONS ' AREA until so authorizer{ by the engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADE,,, WARNIING SINS, AND HAZARD MARKINGS of Section 70. ' Mien the contract work requires the contractor to work within an AIR OPERATIONS AREA of the airport oil an intermittent basis (intermittent opening and closing of ter; AIR OPERATIONS ARfA), 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 :or suspension of the contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR ' OPERATIONS AREA (AL)A) cannot b'e closed to operating aircraft to permit the contractor's operations on a conti,suus basis and will therefore be closed to aircraft operations intermittently as follows: 1 ' Page 54 DIV I 1 , 10/24/74 AC 150/5370-10 ' PROSECUTION AND PROGRESS ' TIME PERIODS ACA TYPE OF COMUNICATIONS CONTROL AOA CAN BE CLOSED REQUIRED WHEN WORKING IN AOA AUTHORITY t 1 F ' The contractor shall not commence new work that would be prejudicial to wo,A already started. ' 60-05 CHARACTER OF WORKERS, METHODS, AND ECUIPMT. 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. t 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 s,?tisfactorily. Any person employed by the contractor or by any subcontractor who, in the opinion of the engineer, does not perform hi. work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the engineer, be removed forthwith by the contractor or subcontractor employing such Derson, and shall not be employed again in any portion of the work ' without the approval of the engineer. Should the contractor fail to remove such person or persons or fail to ' furnish suitable and sufficient personnel for the proper prosecution of the 1 ' DIV I Page 55 AC 1.50/5370-10 10/24/74 PROSECITPION AND PROGRESS work, the engineer may suspend the work by written notice until compliance ' with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satis'actory 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 1 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 Pquipment, such methods and equipment shall be used unless others are authorized by the engineer. If the contractor desires to use a method or typo of equipment other than specified in the contract, he may request authority from the t 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 tM change. If approval is given, it will be on the condition th*L the contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted me 0 ods 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 c' specified quality, or take such other corrective action as the engineer may direct. No change will be made in basis of payment for the contract items involved ' nor in contract time as a result cf authorizing a change in methods or equipment under this subsection. 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 Ole 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. 1 1 ' Page 56 DIV I ' 10/24/74 AC 150/5370-10 t PROSECUTION AND PROGRESS 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 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 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 dela,,~ due to inclement weather, for suspensions made at the request of the contractor, or for any other delay provided fo• in the t contract, plans, or specifications. If it should become ne=essary to suspend work for an indefinite period, the contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. ' 80-07 DETERMINATION AND EXTEN5ION 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 r4?ascns beyond the contractor's control, it shall be adjusted as follows: ' (a) CONTRACT TIME based on WORKING '1AYS shall be calculated weekly by the engineer. Tne engineer will furnish the contractor a copy of his weekly ' statement of the nunber of working days charged against the contract time during the week and the nunber of working days currently c.pecified 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 AGREEMEt`TS covering EXTRA WORK). The engineer shall tease his weekly statement of contract time charged on the following considerations: ' DIV I Page 57 AC 15015370-10 10124/74 ! PROSECUTION AND PROGRESS (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 thr ! time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension principal item of work under construction or temporary suspension of the entire work which have been againstotheeconttract time. .11dR td beychthe argedengineer fault of the contractor, (2) The eng-neer 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 one week in which to file a ' written protest setting forth his objections to the engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable 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 sati;factory completion of the contract require performance of work i greaterincreasedes than those estimated in the proposal, contract time shall b in the same proportion as the cost of the actually c tpletedtquantitieal. ! bears to the cost of the originally Such increase in contract time shall not consider either the c order work or the'extenston of contract time that has been cover-4d supplemental agreement and shall be made at the tine of final payment. (b) CONTRACT TIME based on CALENDAR DAYS shall consist of the uut frtof ~at calendar days stated in the contract counting fS m the eholidays, and nonwork ! notice to proceed and including all Saturdays, days. All calendar days elapsing between the effective dates of the engineer orders to suspend and resume all work, due to causes not the fault 3f the contractor, shall be excluded. ! LIV 1 ' Page a 9 10/24/74 AC 150/5370-10 PROSECUTION AND PROGRESS ' 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 tine shall not consider ei•:her the 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 reasors beyond his control to complete the work within the contract time as specified, or as extended in ' accordance wit's 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 Ike believes will justify the granting of his 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 word: was delayed because of conditions beyond the control and without the fault of the contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be 'n full force :rid effect,the same as though it were the original time for completion. e 80-08 FAILUM TO COMPLETE ON TIPS. For each -calendar day or working day, as specified in the contract, that any worn remains uncompleted after the contract time (including all extensions and adjustments as Frovided in the subsection titled DEM MINATION AND EXTENSION Of CONTRACT TIME of this Section) the s, 1pecified in the contract and proposal as liquidated da,,ages will be deducted from any money due or to become due the contractor or his 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 s:iould the contractor fail to complete the work in th,e time provided in his contract. ' Permitting the contractor to continue and finish thQ work or any par.. of ft after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver or the part of the owner of any of its rights undo: the contract. DIV I Page 59 AC 150/5370-10 10/2404 PROSECUTION AND PROGRESS 1 1 80-09 DErAIQ,T AND 11MINATION OF CONTRACT. The contractor shall be considered in default of his contract and such default will be. considered as cause for the owner to terminate the contract for any of the following reasons if the contr.,ctor: (a) Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or (b) Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completioi, of work in accordance with the terms of the contract,, or ' (c) Performs tic work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as and^ceptable and unsuitable, or C Page 60 DIV I 1 ' 10/24/74 Ac 150/5370-10 ' PROSECUTION AJil) YROC Kr-'-,S ' (d) Discontinues the prosecution of the work, or ' (e) Fails to resume work which has been digcunt(;iced within a reasonable time after notice to do so, or (f) Becomes insolvent or is declared bankrui)t, or commits any act of bankruptcy or insolvency, or (g) Allows any final judgement to stand again:;! hfm unsatisfied for a period of 10 days, or (h) Makes an assignment for the bdnefit of crcdir.ors, or ' (i) For any other cause whatsoever, fails to crtrry on the work in an acceptable manner. Should the engineer consider the contractor iu ,luf.iult of tLe colitruct for any reason hereinbefore, he shall immediately g.ivc wri,:tvn 'notice to the contractor and the contractor's surety as tn tho r•_osons for considering the contractor in default and the owner's intensior--t to terminate the contract. If the contractor or surety, within a period of 10 d,zys after such notice, ' does not proceed in accordance therewith, then the o.. er will, upon writLon notification from the engineer of the facts of srn.h dc.iay, neglect, or default and the contractor's failure to comply s:itli such notice, have full. ' power and authority without violating the cor•tra-t, to take the prosecution of the work out of the hands of the contractor. 'Ihc ,,weer may appropilate or use any or all materials and equipment th+t k ivc I ecil mohilize•1 for use in the work and are acceptable and may enter liar, ,to agioorloi t for 11;x- completion of said contract according to tlir terry, ind prov O Ions thereof, or use such other methods as in the opinic.i of the cugineur will he required for the completion of said contract in in accepinhiv manner. 1 All costs and charges incurred by tLe or.ret , togcUrer with the .ost of completing the work under contract, will bo 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. 1 ' DIV I Page 61 ' AC 150/5370-I0 10/24/74 ' PROSECUTION AND PkOGRESS qO-10 TERNTNATION FOP. NATIONAL ETU7RCENCIF.S. The owner shall terminat: the ' contract or portion thereof by written notice when cite contractor is pravented frum proceeding with the construction contract as a direct result of an Executive Order of the Prusident witti respect to the prosecution of war or in the interrst of national defense. When the contract,or .ny portion thereof, is terminated before completion of all items of work in tile contract, paymeot will be made for the actual ' number of units ur items of work completed at the contract price or as A tually 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 raving equipment and materials to and front the job will be considered, the intent being that an t equitable settleaent 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 small, at the option of the contractor, be purchased front the contractor at actual cost as shown by reeeipte~ bills and c,ctual coot records at such points of delivery as may be ' designated by the engineer. Termination of the contract or a portion tLereuf shall neither relieve the contractor of his rc,,pon,;ibilities for the completed work nor shall it relieve his surety of its obligation for and cuncernin£, any just claim arising out of tl•e work performed. 1 ^ 1 1 i Page 62 DIV I 1 , 10/24/74 AC 150/5370-10 1 SECTION 90 1 MEASUREMENT AND PAYMENT ' 90-01 MEASUREMENT OF QUANTITIES, All work completed under the contract will be measured by the engineer, or his 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. t 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 t 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 t avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designated 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 ieentification mark DIV i Page 63 i AC 150/5370-10 10/24/74 i MEASUREMENT AND PAYMENT i Aaterials to be measured by volume in the hauling vehicle shall be hauled in ' ,oproved vehicles and measured therein at the point of delivery. Vehicles fo this purposs 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 sccurately determined. All vehicles shall be loaded to at least ' their water levsl capacity and all loads shall be leveled when the vehicles arrive at tic.e point of delivery. i 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 payment purposes. Factors for i conversion from weight measurement to volume measurement will be determined by the engineer ano 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 AS M 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 no: incorporatei in the work. When bituminous materials are shipped by truck or transport, net certified i weights by volume,subject to correction for loss or foaming, may be used for computing quantities. i Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (M.F.B.M.) i actually incorporated in the structure. Measurement will b• based on nominal widths and thicknesses dnd the extreme length of each piece. The•term "lump sum" when used as an item of payment will mean complete i payment for the work described in the contract. When a complete structure or structural unit (in effect, "lwap stun" work) is i specified as the unit of measurement, the unit will be constr.ied to include all necessary fittings and accessories. i i i Page 64 DIV I 1 10/24/74 AC 150/5370-10 1 MEASUREMENT AND PAYMENT ' 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 f nce, wire, plates, t 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 t established by the industries involved will be accepted. Scales fo, weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the contractor, or be certified permanently installed commercial scales. ' Scales shall be accurate within one-hslf per cent 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 cu., per cent of the nominal rated capacity of the scale, but not less than on. 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 inspector can safely and conveniently view them. Scale installations shall have available, ten standard fifty-pound weights for testing the weighing equipment or suitable weights and devices for outer ' 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 one per cent. ' DIV I Page 63 . AC 150/5370-10 10/24/74 MEASUREHEI AND PAYMENT 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. t All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house;and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are ' designated as the pay quantities in the contract, they shall. be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans ' are revised by the enF'ieer. If revised dimensions result in an incrodse or decrease in the quantLti... of such work, the final quantities for -payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The contractor shall receive and accept ' compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever t character arising out of the nature of the work or the-prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (Frice 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 w!;ich may appear elsewhere in the contract, plans, or specifications. 90-03 COHYENSATION 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 all)wance, except as provided for in the subsection titled ALTERATION OY WORK AND QUANTITIES of Section 40 will be 1 1 ' Page 66 DIV I 1 ' 10/24/74 AC 150/5370-10 MEASUREMENT AND PAYMENT ' made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claiiaed by the contractor which results ' directly from such alterations or indirectly from his 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 nonperform such contract item. t 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 and amount of such costs. 1 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT 1rf'J,. Extra work, performed in ' accordance with the subsection titled E1'r(L1 k'ORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order of supplemental agreement authorizing such extra work. "hen 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 as follows: ' (a) Labor. For all labor (skilled and unskilled) and foremen in direct charge of -a specific force account item, the contractor shall receive tile rate of wage (or scale) for every hour that such labor of foreman is ' actually engaged in the specified force account work. Such wage (or scale) shall be agreed upon in writing before beginning the work. ' DIV I Page 67 10/24/74 AC 150/5370-10 1 ' MEASURDWNT AND F,1'i14:NT ' The contractor shall receive the actual costs paid to, or in behalf of, workers by reason of suhsistence and travel allowance::, health and welfare benefits, pension fwid benefits or other benefits, when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work. I1 An amount equal to 15 percent of the sum of the above items will also be paid the contractor. (b) Insurance and Taxes. For properly damage, liability, and workmen's compensation insurance premiums, unemployment insurance contributions, and ' social security taxes on the force account work the contractor shall receive the actual cost, to which cost (sum) 5 percent will be added. The contractor shall furnish satisfactory evidence of the rate or rates paid for such insurance and taxes. (c) Materials. For materials accepted by the engineer and used, the contractor shall receive the actual cost of such materials delivered on the work, including transportation charges paid by him (exclusive of machinery rentals as hereinafter set forth), to which cost (sum) 15 percent will be added. ' (d) Equipment. Cur any machinery or special equipment (other than small tools) including fuel and lubricants, plus transportation costs, the use of which has been authorized by the engineer, tho contractor shall receive tl:; rental rates agreed upon in writing, before such work iti begun for the actual ' time that such equipment is committed to the work, to which rental scan 15 percent will be added. ' (e) 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. ' (f) Comparison of Records. 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 engineer or ' their duly authorized representatives. (d) statements. 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: ' Page 68 DIV i 10/24!74 AC 150/5370-10 • MEASUREMENT AND PAYMENT (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. ' (3) Quantities of materials, prices, and extensions. 'f (4) Transportation of materials. (5) Cost of property damage, liability and workmen's compenaation ' insurance premiums, unemployment insurance contributions, and soc!.al security tax. Statements shall be accompanied and supported by 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 -aterials were taken from his stock, that the quantity claimed, was act,ially used, and that the price and transportation claimed represent the actual cost to the t contractor. The additional payment, based on the percentages specified above, shall constitute full compensation for all items of expense not specifically ' provided for the force account work. The total payment made as provided above shall constitute full compensation for such work. ' 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month .s the.work progresses. Said payments will be based upon estimates prepared by the engineer of the value of the work performed and materials ' complete in place in accordance with the contract, planr,and specifications. S.ch partial payments tray 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. 1 ' AIV I Page 69 t AC 150/5310-10 10/24/74 1 MEASUREMENT AND PAYMENT From the total of the amount determined to be payable on a partial payment, t 10 percent of such total amount will be deducted and retained by the owner until the final payment is made except, as may be provided (at the contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the contractor exercise his option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95% of the work has been completed the engineer may, at his discretion and with the consent of the surety, prepare rAn estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments aRd deductions, will then be certified ' for payment to the contractor. It is understood and agreed :hac 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 approve,'. 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 ma~erials 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 A14D FINAL PAYMENT of this section. t 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the ' extent of thF: 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 inclu.ed 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. 1 ' Page 70 DIV i 1 ' 1;1/24/74 AC 150/5370-10 ' MEASLgUW-,NT AND PAYMENT (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 evident. that the material atd transportation costs have been paid. ' (d) The contractor has furnished the owner legal title (free of liens or encumberances of any kind) to tite material so stored or stockpiled. ' (e) The contractor has furnished the owner evidence that the uaterial 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 1 contractor of his 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 t,., be vsed. ' No partial payment will be made for stored or stockpiled living or perishable plant materials. t The contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in acccr.iance with the previsions of this subsection. 1 40-08 PAYMENT Of WITHHELD FUNDS. At the contractor's option, he may t 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: (a) The contractor shall bees all expenses of establishing and maintaining an escrow account and !scrow agreement acceptable to the owner. ' DIV I Page '1 AC 150/3370-10 10/24174 MEASURI'MENT AIM PAYMENT ' (b) The cuntractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the ' owner ant; having a value not leas than the 10 percent retainage that would otherwise be withheld from partial rayment. (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 PAYt*,';T. !then the contract :fork has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the engineer will prepare the final estimate o° ' the items of work actually performed. The contractor shill approve the engineer's final estimate or advise the engineer of his 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 cunt.-actor and 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 CLAiHS W R ADJUSTMENT AND D1,.4PUTES of Section 50. After the contractor has approved, or approved under protest, the engineer's final estirkate, final payment will be processed based on the entire sum, or the the undisputed sum in case of approval under protest, determineL' to be due the contractor lpjs all revio-is 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 acid 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 he 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. 1 Page 72 DIV I 1 " ITEM 1 - EXCAVATION AND EMBANKMENT t (Roadway Relocation) 1.01 DESCRIPTION ' This item shall consist of excavating, removing and se.tisfactorily disposing of all materials within the limits of the work required to construct ' the relocation of F.M. 1515 in accordance with these specifications and 'n conformity with the dimensions, grades and typical sections shown on the plans. All suitstle material taken from excavation shall be used in the ' formation of emban)=>nts, subgrade, and for backfilling. When the volume of the excavation. exceeds that required to construct ' the embankments to the ^rades indicated, the excess shall be stockpiled at the north end of the North-South Runway and parallel taxiway for use in the runway and taxiway extension. ' 1.02 CLASSIFICATION All excavation performed shall be unclassified. ' 1.03 CONSTRUCTION METHODS A. General The excavation shall be carried to the necessary depth to >btain ' the specified depth of subgrade densification shown on the plans. Likewise, on embankments, the depth of subgrade densification shat, be as shown on the plans. Should the Contractor, through negligence or other fault, excavate below the designated lines, he shall replace the excavation with approved materials, in an approved manner and condition, at his own expense. All material determined unsuitable shall to disposed of in waste areas or as directed. S. (EXCAVATION ' Excavation shall to performed to the lines, grades and elevations shown on the plans. Prior to performing the excavation, all brush, grass, vegetable matter and other unsuitable material within the limits ~f the reloca- ted roadway shall be stripped or otherwise removed. No direct payment shall be ' made for stripping. The yardage removed and disF zed of :;hall be paid for at the contract unit. price per cubic yard for "Unclassified Excavation". C. EMBANKMENT Prior to placing embankments, all weeds, brush, trees end other growth shall be removed and disposed of by the Contractor. Earth embankments shall be constructed in successive layers for j the full width of the individual roadway cross section and in such lengths as ' are best suited to the sprinkling and compaction methods utilized. ' 1-1 ' Layers of embankment may be formed by utilizing equipment which ' will spread the material as it is dumped, or they may be formed by being spread by blading or other acceptable methods from piles or windrows dumped from excavating or hauling equipment in such amounts that material is evenly distributed. ' Minor quantities of rock encountered in cinstructing earth embank- ment shall be incorporated in the specified embankment layers. Also, rock may ' be placed in the portions of embankments outside the limits of the completed roadbed width where the size of the rock prohibits their incorporation in the normal embankment layers. ' Each layer of embankment shall be uniform as to material, density and moisture convent before beginning compaction. Where layers of unlike materials abut each other, ea_h layer shall be featheredged for at least 100 ' feet or the materirl shall be so mixed as to prevent abrupt changes in the soil. No materirl placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position, but all such piles or win- drows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, harrowing, disk- ing or similar methods to thr: end that a uniform material of uniform density is secured in each layer. Water required for sprinkling to bring the material t to the moisture content necessary for maximum compaction shall be evenly applied and it shall be the responsib'_iity of the Contractor to secure a uniform mois- ture content throughout the layer by such methods as may be necessary. In ' order to facilitate Linifozra wetting of the embankment material, the Contractor may apply water at t}ie ~,a,terial source if the sequence and methods used are such as not to cause an undue waste of water. Such procedure shall be suLie ct ' to the approval of the Engineer. All earth cuts, full width or part width cuts in side hill, which are not required to be excavated below subgrade elevation for hate and backfilled, t shall be scarified to a uniform depth of at least 6-inches below grade, and the material shall re mixed and reshaped by blading and then sprinkled and rolled in accordance with the requirements outlined above for earth embankments and ' to the same density as that required for the adjacent embankment. Each layer of the embankment shall be compacted to 95% standard 1 Proctor Dcnsity in accordance with AASHO T-99. Embankment adjacent to culverts shall be free of rocks larger than 4-inches in greatest dimension and the embankment shall be compacted in '1e ' manner prescribed under the THD Item "Structural Excavation". 1.04 MEASUREMENT AND PAYMENT ' Excavation shall be measured and paid for by the cubic yard, calcu- lated by the average end area method from plotted cross sections. Embankment shall not be measured for payment but shall be considered subsidiary to the ' .~avatior,. 1-2 1 1 - ITEM 2 - LIME TREATED SUBGRADE (SLURRY METHOD) 1 ' 2.01 DESCRIPTION This item shall co:,sist of treating the subgrade by the pulver- izing, addition of lime, mixing and compacting the mixed material to the ' required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans. ' 2.02 MATERIALS Type A, Hydrated Lime, shall be used to treat the subgrade. It t shall consist of a dry powder obtained by treating quicklime. When sampled and tested it shall meet the following requirements: Hydrate Alkalinity - % by weight Ca(OH)2 Min. 90% Unhydrated Lime Content - % by weight Ca0 . Max. 5% "Free Water" Content - % by weig%t H2O Max. 4% t The percent by weight of residue shall conform to Item 264, I7iD 1972 Standdrd Specifications for Streets. ' 2.03 EQUIPMENT a. The machinery, tools and equipment necessary for proper prosecu- ' Lion of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. 1 All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. ' b. Hydrated line shall be stored and handled in closed weatherproof containers until immediately before distribution on the road. If storage bins are used they shall be completely enclosed. Hydrated lime in bags s',all be stored in weatherproof buildings with adequate protection from ground dampness. ' c. If line is furnished in trucks, each truck shall have the weig!:t of line certified. ' d. If line is furnished in bags, each bag shall bear the manufac- turer's certified weight. 2.04 CONSTRUCTION METHODS a. Genera-1 ' It is the prirary requirement of thin specification to secure a completed course of treated material containing a unifo m lire Fixture, free ' fron 'rose or ~eeregated areas, of uniform density and moisture content, well ' 2-1 bound for its full depth and with a smooth surface suitable for placing subsequent courses. It shall be the ecb proper f the Contlimeormto t regulate the sequence of his work, to use the the work and rework the courses as necessary to meet the above ' requirements. The roadbed shall be constructed and shaped to conform to the typical sections, lines and grades as shown on the plans. The area to be treated shall then be pulverized or scarified to expose the bottom of the ' proposed lime treatment. ' b. Placing Lime Slurry Lime and water Fhall be mixed into a Slurry in a central mixing plant employing agitation by integral paddles, compressed air, recirculating ore lime slurry may ' pumps or a combination as approved by the Engineer. also be mixed in water tracks with an approved The lime slurry mix shall be ctmprised of a minimum 32% line solution. The lime-water requirements may be adjusted to satisfy the optinui moisture of the existing soil. The lime slurry. shall not exceed forty percent which is the r.•axinum p pable l.'hen measured amounts of lime 4nd water are charged separately into the tank truck, the water shall be metered and the line proportioned ' volt=etrically or by roans of weigh batchers. Line shall be spread on the scarified subgrade by gravity or by pressure spray bars which shall be calibrated by the Engineer to determine r the nurber of passes necessary to obtain the required percent lime applica- tion. ' in areas where the lire content to be used exceeds the percent lime required on the plan, the City reserves the right to alter the percent lime required. The work required to construct the soil-line subgrade in these areas shall be paid for at the sane unit price bid for constructing soil-line subgrade with the percent alled for on the plans. The additional 11me required will be paid for by the ton. ' c. First Mixing The material and line Oa ll be thoroughly mixed by approved ' road mixers or other approved equipm4nt, and the mixing continued until, in friable mixture of material and the opinion of the Engineer, a homogeneous, lactic Materials containing plastic Iir..e is obtained, free from all r.lods or lu;nps. clays or other material which will not readily mix with line shaluu erns oed as thoroughly as pussible at the time of the lime application, proper moisture content and lef~ to cure 1 to 4 days as directed by the engineer. Uuring the cutin;, period the material shall be kept r^ist as ' directed. 1 ' ?-2 d. Final Mixing After the required curing time, the material shall be uniformly mixed by approved methods. If the soil binder-lime mixture contains clods, they shall be reduced in size by raking, blading, discing, harrowing, scarifying or the use of other approved pulverization methods so that when all nonslaking aggregates retained on the No. 4 sieve are removed the remainder of the material shall meet the following requirements when tested dry by laboratory sieves: Percent Minimum Passing 1-3/4" Sieve 100 Minimum Passing No. 4 Sieve 60 During the interval of time between applica`J on and nixing, hydrated li..e that has been exposed to the open air forperiod befa6c hours or more or to excessive loss due to washing or blowing will :jr payment. ' e. Lo_a2ction Compaction of the mixture ghall begin immediately after final nixing and in no case later than 3 calendar days after final mixing, unless approval is obtained from the Engineer. The material shall be aerated or sprinkled as necessary to provide the optimum. muisture. Compaction shall begin at the bottom and shall continue until the eptire depth of mixture is ' uniformly compacted. The material shall be sprinkled and rolled as directed by the 1 Engineer. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding sprinkling oand r removing material as required and reshapinF and recompacting by ' The surface of the course shall be maintained in a smooth condition, free from undulations and nits, until other work is placed thereon or the work is accepted. ' The time treated subgrade shall be compacted to 95! in accordance with AASH0 T-190. t f. Finishin Curing and Preparation for Surfacing After final compaction the subgrade shall be brought to the ' repaired grade and the completed section moist cured for a minimum of 7 days before paverment is added or traffic permitted on the surface. ' 2.05 `IVAS' RDIFt7T A';D PAYMENT Lime created Suhgrade shall be measured and paid for b} the square yard price shall include all work required to treat and compact the subgrade. Hydrated Line required to treat the subgrade shall be v easured and paid for ti,.. 0- two, 2-3 1 ITEM 3 - FLEXIBLE BASE (crushed stone) ' (T..:tas Highway Dept. Item 242) 3.01 DESCRIPTION ' "Flexible Base (Crushed Stone)" sha?.l consist of a foundation course for surface course or for other base coursesi shall be composed of crusher-run broken ctcnei end shall be constructed as herein speci- fied in Ana or more coursrs in conformity with the typical sections shown on plans and to the '.fines and grades as established by the Engi- neer. 3.02 MATERIAL ' The material shall ba crushed and shall consist of durable particles of stone mixed with approved binding material. Samples for testing the material shall b_ taken prior to the compaction operations. 3.03 7iPE The flexible Lase material shall be Type A consisting of durable particles of stone mixed with apprc*vcO binding material. Grade ' The material shall confor^ to the requirements of Grade 2 as follows: grade 2-When prol:erly slaked and tested by standard Texas Highway Departanent laboratory meLhods, the flexible base material shall meet the following requirements: Retained on 1 3/4-inch sieve 0% Retained on No. 4 sieve ....................45 to 75% Retaine3 on No. 40 sieve ...................60 to 85% Material passing the No. 40 sieve shall be known as "Soil Binder" ' and shall meet the following requirements when prepared in accordance with Test Method Tex-101-E I-rocedure: The liquid limit shall not exceed 40 ' The plasticity index shall not exceed 12 3.04 CONSTRUCTION METHODS ' A. Preparation of Subgrade - The roadbed shall be excavated and shaped in conformity with the typical sections showr on plans and to the lines and grades as established by the Engineer. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. All holes, ruts and depressions shall be filled with ar,~roved material, and if required, the subgrade shall be thoroughly wetted with water and resha_)ed and rolled to the extent directed in order to place 3-1 1 ' the svbgr-ide in an acceptable condition to receive the base material. The t surface of the subg rade shall be finished to line and grade as established and in conformity with the typical section shown on plans, and any deviation in excess cf 1/2-inch in doss section an(i in n length of 16 feet measured longitudinally shell be corrected by loo:-.ening, adding or removing material, reshaping and recxmpacting by sprinkling and rollir:g. Sufficient subgrade shall be pre.-ared in advance to insure satisfactory prosecution of the work. Material excavated in t`:e preparation of the subgrade shall be utilized in ' the construction of adjacent shoulders and slopes or otherwise disposed of as directed, and any additior.al material required for the completion of the shoulders and slopes shall be secured from sources indicated on plans or de- signatr_d by the Engineer. B. First Course - Immediately before placing the base material, the subgrade shall be checked as to conformity with grade and section. ' The material shall be delivered in approved vehicles of a uni- form capacity and it shall be the charge of the Contractor that the required ' am)unt of specifies material shall be delivered in each 100-fo,)t station. Material deposited upon the subgrade shall be spread and shaped the same day unless otherwise directed by the Engineer in writing. In the event incle- ment weather cr other unforeseen circumstances render impractical the spread- ' my of the material during the first 24-hour period, the material shall be scarified and spread as directed by the Engineer. The material shall be sprinkled, if directed, and shall then be bladed, dragged and shaped to con- form to typical sections as shown on plans. All areas and "nests" of segre- gated coarse or fine material shall be corrected or removed and replaced with well graded material, as directed by the Engineer. If additional ' binder is considered desirable or necessary after material is spread and shal,ed, it shall le furnished and applied in the anoi it directed by t':(, Engineer. Such binder material shall be carefully and evenly incorporated with the material in pl.:ce by scarifying, harrowing, E)rooming or by other ' approved methods. The coutse shall he sprinkled as required and rolled and com- pacted to 95 percent densit,. in accordance with AASH4 T-180. C. Succee3in3 Courses - Construction methods shall be the sane as prescribed for the final course. In addition to the requirements specified for density, the full depth of flexible base shown on the plans shall be compacted to the extent necessary to remain firm and stable under renstruction equipment. After each section of flexible base is completed, tests is neces- sary will be made by the Engineer. If the material fails to meet tho density requirements, it shall be reworked as necessary to meet these iegcirL-ments. Throughout this entire ope--ation the shape of the course shall be maintained ' by blaeing, and the surface upon completion shall be smoothe and in c..)n- formity with the typical section shown on the plans and to the established lines and grades. In that area on which pavement is to be placed, any devi- ation in excess of 1/4-inch in cross section and in a length of 15 feet ' measured longitudinally shall be corrected by loosening, adding o, removing material, reshaping and recompacting by sprinkling and rolling. Ell irregu- lai'ties, depressions or weak spots which develop shall be corrected 1 3-2 rlaa.we~~~ ' immediately 1,1 scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. Should the base course, due to any reason or cause, lose the required stability, density and finish before the surfacing is complete, it shall be recom- pacted and refinished at the sole expense of the Contractor. ' 3.05 MEASUREMENT 1 Work and accepted material as prescribed for this item will be measured by the cubic yard (compacted in place). 3.06 PAYMENT Payment for Flexible Base (Crus:ied Stone) shay, be made at the unit price bid, which price shall be full compensation for shaping and ' fine grading the roadbed, for furnishing all materials, spreading, blading, dragging, shaping and finishing and for all manipulation, lal,or, tools and incidentals necessary to complete the work. 1 1 1 ' 3-3 r~ ITEM 4 - HOT MIX ASPHALTIC CONCRETE PAVEMENT 1 4.01 DESCRIPTION ' Hot mix asphaltic concrete for the relocation of F.M. 1515 shall consist of surface course as shown on the plans. 4.02 MATERIALS The mineral aggregate shall be composed of a coarse ar,grega'.e, a ' fine aggregate and, if required, a mineral filler. Coarse aggregate shall be that part of the aggregate retained on the No. 10 sieve anr, shall be stone, crushed slag, crushed gravel or gravel. Fine aggregate shall be that part passing the No. 10 sieve and shall consist of sand or screenings. Mineral filler shall consist of dry stone dust, Portland canent or fly ash. Mineral aggregate shall meet the requirements of Item :4t:, Iexc:; Highway Depar+,nent 1972 Standard Specifications for Construction of Streets. The plasticity index of the fine aggregate portion passing tr,e No. 40 sieve shall not be more than 6. ' 4.03 ASPHALTIC MATERIAL Asphalt for the paving mixture shall meet the .~equirem~:nts of THD Item 300. The grade of asphalt used shall be designated by the Engineer ' after design tests have been made using the mineral aggregate to be used in the job. ' 4.04 TYPE OF ASPHALTIC CONCRETE The asphaltic concrete paving mixture shall consist of Texas Highway Department Fine Graded Surface Course Type "r)" having the following ' gradation: FINE GRADED SURFACE COURSE TYPE "D" Percent by Weight. Passing 1/2" sieve 100 Passing 3/8" sieve 95-100 Passinq 3/8" sieve, retained on No. 4 sieve 20- 50 Passing No. 4 sieve, retained on No. 10 sieve 10- 30 Total retained on No. 10 sieve 50- 70 Passing No. 10 sieve, retained on No. 40 sieve 0- 30 Passing No. 40 sieve, retained on No. 80 sieve n- 25 Passing No. 60 sieve, retained on No. 200 sieve 3- 25 Passing No. 200 sieve 0- 6 The asphaltic material shall form 4.0 to 8.0 percent of the mixture by weight. 4-1 4.05 SAMPLING AND TESTING The mixture shall be designed and tested in accordance with THD Bulletin C-14 and will have a density of not less than 95 nor more than 99 percent and a stability of not less than 30. I 4. Co EQUIPMENT ' A. Mixing Plants Mixing plants may be either the weight-bitching type or the ' continuous mixing type. Both types of plants shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, hot aggregate screers and bins and dust collectors and shall consist of the following essential pieces of equip- ment. (1) Weight-Hatching Type Cole? Aggregate Bin and Proportioning Device. The aggre- gate bin shall have at least four compartments of suffi- cient size to store the amount of aggregate required to ' keep the plant in continuous operation and of proper design to prevent overflow of material of one bin to that of another bin. The proportioning device shall be such as will provide a uniform and continuous flow of aggregate in the desired proportion to the dryer. Each aggregate shall be proportioned in a separate compartment. The dryer shall be of tine type that continually agitates the aggregate during heating and in which the temlerature can be so controlled that aggregate will not ;-e injured ' in th? necessary drying and heating operations required to obtain a mixture or the specified temperature. The burner, or combination of burners, and type of fuel used shall le such that in the process of neatinq the aggregate to the desired or specified temperature, no residue from the fuel shall adhere to the heated aggregate. A record- ing thermometer shall be provided which will record the temperature of the aggregate rhen it leaves the dryer. The dryer shall be of sufficient size to keep the plant in continuous operation. Screening and Proportioning. The screening capacity and size of the bins shall be sufficient to screen and store ' the amount of aggregate required to properly operate the plant and keep the plant in continuous opceration at full capacity. The aggregate shall be separated into at least four bins when producing Type A mixture and at least three bins when producing Type D mixture. Aggregate sizes for the bin types shall he in accordance with Item 340, THD 1972 Standard Specifications for Streets. 1 ' 4-2 Aggregate Weight Box and Batching Scales. The aggregate ' weight box and N%tching scales shall be of sufficient capacity to hold and weigh a complete batch of aggregate. Asphaltic Material Bucket and Scales. The asphaltic ' material bucket and scales shall be of sufficient capacity to hold and weigh the necessary asphaltic material for one batch. Mixer. The mixer shall be of the pug mill type and shall have a capacity of not less than ?,000 pounds in a single batch. The mixer shall be equipped dith an approved spray bar that will distribute the asphaltic material quickly and uniformly. The mixer shall be provided with an auto- matic time lock that will lock the discharge doors of the ' mixer for the required mixing period. (2) Continuous Mixing Type For the continuous mixing type of operation the cold aggre-ate bin and proportioning device, dryer, and screen- ing and proportioning shall be the same as for the weight- ' batching type of plant. Hot Aggregate Bin. The hot bins shall be so constructed ' that oversize and overload material will be disc):-s~:ged through a discharge shoot. An automatic switch fsi ;top- ping the plant when hot bins become deficient shall be ' installed. Hot Aggregate Proportioning Device. The hot aggregate proportioning device shall be so designed that when properly operated a uniform and continuous glow of aggre- gate into the mixer will be maintained. ' Asphaltic Material Spray Bar. The asphaltic material spray bar shall be so designed that the asphalt will spray uniformly and continuously into the mixer. t Asphaltic Material Meter. An accurate asphaltic material recording meter shall be placed in the asphalt line lead- ing to the spray bar so that the accumulative amount of ' asphalt used can be accurately determined. Mixer. The mixer shall be of the pug mill continuous type and shall have a capacity of not less than 40 tons of mixture per hour. B. Asphaltic Material Heating Equipment Asphaltic material heating equipment shall be adequate to heat the amount of asphaltic material required to the desired temper- ature. Heating may be done by steam coils or direct fire heat- ing. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer ' with a 24-hour chart that will record the temperature of the asphaltic material at the highest temperature. ' 4-3 c. Spreading and Finishing Machine ' The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a surface that ' will meet the requirements of the typical cross eection and the surface test, when required, and when the mixture is dumped directly into the finishing machine bhall have adequate power to propel the delivery vehicles in a satisfactory manner. The ' finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient in design and capacity to main- tain contact between the rear wheels of the hauling equipment ' and the pusher rollers of the finishing machine while the mix- ture is being unloaded. The use of any vehicle which requires dumping directly into ' the finishing machine and which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grades with-3ut resorting to hand linishing will not be al- lowed. Unless otherwise permitted by the plans, vehicles of the semi-trailer type are specifically prohibited from dumping directly into the finishing machine while in contact with the finishing machine. vehicles dumping directly cr indirectly into the finishing machine shall be so designed and equipped that unloading into the finishing machine can be mechanically and/or automatically operated in such a manner that overloading ' the finishing machine being used cannot occur and the required lines and grades will be obtained without resorting to hand finishing. Dumpincl of the asphaltic mixture in a windrow and then placing the mixture in the finishing machine with leading equipment will be permitted provided that the loading equipment is constructed and operated in such manner that substantially all of the mix- ture deposited on the roadbed is picked up ar:1 loaded in the finishing machine without contamination by foreign material of ' the mixture and excessive temperature loss is not encountered. the loading equipment will be so designed and operated that the finishing machi..e being loaded will obtain the required ' line, grade and surface without resorting to hand finishing. Any operation of t,s loading equipment resulting in the accu u- lation and subsequent shedding of this accumulated material into the ,asphaltic: mixture will not be permitted. D. Motor Grader The motor wader, if used, shall be a self-propelled power motor graders it shall be equipped with smooth tread pneumatic tired wheels; shill have a blade length of not less than 12 feet; shall have a wheel base of not less than 16 feet and shall be tight and in good operating condition. 1 4-4 E. Rolling Equipment ' Rolling equipment shall consist of pneumatic tare rollers, two-axle tandem roller weighing not less than 8 tons, three-wheel roller weighing not less thin 10 tons, three- axle tandem roller weighing not less than 10 tons and tren.h roller havirg a 20-inch wheel drive and producing 325 pounds per linear inch of roller width at a speed of 1.8 miles per ' hour in low gear. F. Straight Edges and Templates The Contractor shall provide an acceptable 10-foot straight edge for surface testing. ' 4.07 STOCKPILING, STORAGE, PROPORTIONING AND MIXING A. Stockpiling of Aggregates ' Prior to stockpiling of aggregates, the area shall be cleaned of trash, ti+seda and grass and be relatively smooth. Aggregates shall be .-.kj11led in such a manner as tc prevent mixing of one agore +te witi, another. Coarse aggregates for 1:11,e "A" shall h.•e Eeparated into at least two stockpiles of different gradation, such as a large coarse asgregate and a sa,dil coarse ' aggregate stockpile and such that the grading requirements of the specified type will. be met when the piles are combined in the asphaltic mixture. No coarse aggregate stockpile shall contain more then 15 percent by weight of material that will j pass a No. 10 sieve. Fine aggregate stockpiles may contain coarse aggregate in the ' amount of up to 20 percent by weight, however, the coarse aggregate shall meet the quality tests speciZi"i herein for "Coarse Aggregates". suitable equipment of acc~_p~able size ' shall be furnished by the Contractor to work the stockpiles and prevent segregaLior, of the aggregated. B. Storage and Heating of Asphaltic Material.: The asphaltic material storage shall be ample to meet the re- quirements of the plant. Asphalt shall not be heated to a ' temperatiire in excess of that specified in THD Item 300. All equipment used in the storage and handling of asphaltic materi- al Shall be kept in a clean condition at all times and shall he operated in such manner that there will be no contamination with foreign matter. C. Feeding and Drying of Aggregate The feeding of various sizes of aggregate to the dryer shall be done through the cold aggregate bin and prop.)rtioning device ' in such a manner 6hat a uniform and constant flow of materials in the required proportions will be maintained. When specified on the plans, the cold aggregate bins shall be charged by use ' 4-5 of a clamshell, dragline, shovel or front end loader. The ' aggregate shall be dried and heated to the temperature neces- sary to produce a mixture having the specified temperature. In no case shall the aggregate be introduced into the mixing Lnit ' at a temperature more than 400 F. D. Proportioning ' The proportioning of the various materials entering into the asphaltic mixture shall be as directed by the Engineer and in accordance with these specifications. Aggregate shall be pro- portioned by weight using the weigh box and batching scales herein specified when the weight-batch type of plant is used and by volume using the hot aggregate proportioning device when the continuous :aixer type of plant is used. The asphaltic material shall be proportioned by weight or by volume based on weight using the specified equipment. ' E. Mixing (1) Hatch Type Mixer ' In the charging of the weigh box and in the charging of the mixer fro.n the wei;;it box, such methods or devices shall be used as are necessary to secure a uniform as- phaltic mixture. In introducing the batch into the mixer, all mineral aggregate shall be introduced first; shall be mixed thoroughly for a period of 5 to 20 seconds, as ' directed, to uniformly distribi,te the various sizes through- out the batch before the asphaltic material is added; the asphaltic material shall then be added and the mixing con- tinued for a total mixing period of not less than 30 seconds. This mixing period may be increased, if, in the opinion of the Engineer, the mixture is not uniform. (2) Continuous Type Mixer The amount of aggregate and asphaltic material entering ' the mi•(er and the rate of travel through the mixer shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced. The differen- tial in temperature of the aggregates and the asphalt as they enter the pug mixer shall not exceed 25 F. Checks on asphalt used shall be made at least twice daily by comparing the asphalt ised in ten loads of completed mix as shown on the asphalt recording meter and the design a- mount for these ten loads. The acceptable percent of varia- tion between the asphalt used and the design amount will be as shown on the plans or as determined by the Engineer. ' (3) The Asphaltic Mixture The asphaltic mixture from each type of mixer shall be at a terperature between 225 F. and 350 F. when discharged from ' the mixer. The Engineer will determine the temperature, within the above limitations, and the mi.iture when discharged from the mixer shall not vary from this selected temperature ' more than 25 F. 4-6 1 4.08 CONSTRUCTION METHODS A. Weather Requirements The prime coat, or the asphaltic mixture when placed with a spreadin5 and finishing machine, shall not be placed when the air temperature is below 50 F. and is falling, but it may be placed when the air temperature is above 40 F. and is rising. ' The asphaltic mixture when placed with a motor grader, shall not be ?laced when the air temperature is below 60 F. and is falling, but may be placed when the air temperature is above ' 50 F. and is rising. The air temperature shall be taken in the s', -Ip away from artificial heat. It is further provided that the prime coat, or the asphaltic mixture shall be placed only when the numidity, general weather conditions and tempera- ture and moisture condition of the base, it, the opinion of the Engineer, are suitable. B. Prime Coac The prime coat shall be applied in accordance with the speci- fication en "Prime Coat". C. Transporting Asphaltic Concrete ' The asphaltic mixture, prepared as specified above, shall be hauled to the work in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be ' arranged so that all material delitered may be placed, and all roliiny shall be comlleted during daylight hours. In cool weather or for long hauls, ca:-.vas covers and insulating of the ' truck bodies may be required. The inside of the truck body may be given a light coating of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. ' D. Placing ' Generally the asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will ' meet the requirements of the typical cross sections and the sur- face tests. During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter and structures. When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up sm;.ll areas of an existing pavement or placed in ' small irregular a:eas where the use of a finishing machine is not practical, the finishing machine may be eliminated when authorized by the Engineer, provided a satisfactory surface can be obtained ' by other approved methods. ' 4-7 E. Compacting (1) Rolling The pavement shall be compressed thoroughly and uniformly with the specified rollers and/or other approved rollers. Rolling with the three wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive tri;-~s by at least half the width of the rear wheel. Alternate trips of the roller shall be slightly different in length. Roll- ing with pneumatic-tirq roller shall be done as directed ' by the Engineer. Rolling shall be continued until no further compression can be obtained and all roller marks are elimin- ated. One tandem roller, one pneumatic-tire roller and at least one three wheel roller, as specified above shall be Provided for each job. If the Contractor elects, he may substitute the three axle tandem roller for t.ze two axle tandem roller and/or the three wheel roller; but in no case ' shall less than three rollers be in use on each job. Addi- tional rollers shall be provided if needed. The motion of the roller shall be slow enough at all times to avoid dis- placement of the mixture. If any displacement occurs, it shall be corrected at once by the use of rakes and of fresh mixtures where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To ' prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must ' be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the pavement, either when 1 the rollers are in operation or when standing. (2) In Place Density ' When in place density is required, it is the intent of this specification that the material be placed and compactel to the percent density shown on the plans and determined by the test method specified on the plans. The field specimens utilized for the in place density testing may be either cores or sections of asphaltic pavement. In place (tensity tests are ' intended for compaction control tests. If the in place density of the mixture produced has a value lower than that specified and in the opinion of the Engineer is not due to a Aange in the quality of the material, production may proceed with sub- sequent changes in the mix and/c: construction operations until the in place density equals or exceeds the specified density. ' 4-8 1 t3) Hand Tamping ' The edges of the pavement along curbs, headers and similar structures, and all places not accessible to the roller, or in such positions as will not allow ' thorough compaction with the rollers, shall be thorough- ly compacted with lightly oiled tamps. ' F. Surface Tests The surface of the pavement, after compression, shall be smooth ' and true to the established line, grade and cross section, and when tested with a 10-foot straightedge placed parallel to the centerline of the roadway or tested by other equivalent and acceptable means, except as provided herein, the maximum devia- tion shall not exceed 1/8-inch in 10 feet, and any point in the surface not meeting this requirement shall be corrected. 4.09 MEASUREMENT AND PAYMENT Hot Mix Asphaltic Concrete shall be measured by the ton of accepted ' work which price shall include all furnishing of materials, heating, mixing, hauling, rolling and finishing, tools, equipment and incidentals necessary to complete the work. t t t 4-9 1 ' ITEM 5 - PRI! COAT 5.01 DESCRIPTION ' This item shall consist of an application of asphaltic material on the completed Flexible Base (Crushed Stone). Prime Coat shall not be applied when the air temperature is below 60 F. and fallinq, but it may be applied t whet, the air temperature is above 50 F. and is rising, the air temperature being taken in the shade and away from artificial heat. Asphaltic material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. 5.02 MATERIAL t The asphaltic material used for the prime coat shall be emulsified asphalt Sc=I, SSIH, SS-K or SS-KH applied at a rate of 0.25 to 0.50 gallons per square -yard. ' 5.03 CONSTRUCTION METHODS When in the opinion of the Engineer, the area and/or base is ' satisfactory to receive the prime coat, the surface may be cleaned by sweep- ing or other approved methods. if found necessary by the Engineer, the surface shall be lightly sprinkled just prior to application of the asphaltic ' material. The asphaltic material shall be applied on the clean surface by an approved type of self-propelloA. pressure distributor so operated as to distri- bute the material in the gl.a.titity specified, evenly and smoothly under a ' pressure necessary for proper distribution. The Contractor shall provide all necessary facilities for determining the temperature of the asphaltic material in all of the heating equipment and in the distributor, for determining the rate at which it is applied, and for securing uniformity at the junction of two distributor loads. All storage tanks, piping, retorts, booster tanks and distributors ' used in storing or handling asphaltic material shall be kept clean and in good operating condition at all times, and they shall be operated in such manner that there will be no contamination of the asphaltic material with foreign material. It shall be the responsibility of the Contractor to provide and ' maintain in good working order a recording thermometer at the storage heating unit at all times. The distributor shall have been recently calibrated „nd the Engineer shall be furnished an accurate and satisfactory record of such ' calibration. After beginning of the work, should the yield on the asphaltic material applied appear to be in error, the distributor shall be calibrated in a manner satisfactory to thi Engineer before proceeding with the work. ' The Contractor shall be responsible for the maintenance of the sur- face until the work is accepted by the Engineer. ' No traffic, hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat until authorized by the Engineer. 5-1 5.04 MEASUREMENT AND PAYMENT Prime Coat will be measured and paid for by the gallon which pri,.-e shall be full compensation for furnishing, heating, hauling and distributing the asphaltic material and all labor, tools and equipment required to complete the work. 1 1 1 1 1 t 1 t 1 11 11 5-2 ITEM 6 - REINFORCED CONCRECE PIPE CULVERTS AND HEADWALLS 6.01 DESCRIPTION ' This item shall govern for the furnishing and placing of rein- forced concrete pipe culverts. The culvert pipe shall be installed in accordance with the requirements of these specifications, to the lines and grades shown on the plans, and shall be of the classes, sizes and dimensions shown thereon. The installation of pipe shall include all joints or connections to new or exis'.ing pipe, headwalls, etc., as may ' be required to complete the work. "he location of private driveway and side road pipe may be varied as deemed necessary by the Engineer. 6.02 MATERIALS t A. General ' Fxcept as modified herein, materials, manufacture and design of pip. shall conform to ASTM Designation: C 76 for Circular Pipe. All pipe shall be machine made or cast by a process which will provide ' for uniform placement of the concrete in the form and compdction by mechanical devices which will assure a dense concrete. Concrete shall be mixed in a central batch plant or other approved batching facility from which the quality and uniformity of the concrete can be assured. Transit ' mixed concrete will not be acceptable for use in precast concrete pipe. B. Design ' The pipe shall be of the Class specified on the plans. The shell thickness, the amount of circumferential reinforcement and the strength of the pipe shall conform to the specified Class as summarized in ASTM Designation: C 76 for Circular Pipe. C. Physical Test Requirements ' The acceptability of the pipe shall be determined by the results of the three-edge-bearing test for the load to produce the 0.01 inch crack and the ultimate load; by the appropriate material tests`re- quired in ASTM Designations: C 76, C 506 or C 507; by absorption tests on selected samples from the wall of the pipet and by inspection of the finished pipe to determine its conformance with the design prescribed in these specifications and its freedom from defects. Three-eige-bearing tests for both the 0.01 inch crack and the ultimate load shall be per- formed on one pipe for each 100 pipe, or fraction thereof, for each type, ' size and class. The methods of testing shall conform to ASTM Designations: C 76, C 506 or C 507, whichever is applicable. ' As an alternate to the three-edge-bearing test, concrete pipe 60 inches in diameter and over may be accepted, at the option of the manu- facturer, on the basis of material tests and inspection of the completed product. Acceptability of pipe on this basis shall be determined by the ' results of material tests as required in ASTM Designations C 76, C 506 or C 507; by crushing tests on cores taken froir. the barrel of the completed i 6-1 t and cured pipe; by absorption tests on samples from the wall of the pipe; and by inspection of the finished pipe including amount and placement of rein- forcement, to determine its conforzaance with the design prescribed in these specifications and its freedom from defects. The manufacturer shall furnish facilities and personnel for taking the cores from the pipe barrel and for determining the compressive strength of the samples. When the cores cut from a section of pipe successfully meet the strength requirement, the coreholes shall be plugged and sealed by the manufacturer in a manner such that the pipe section will meet all of the test requirements of ASTM Designation: C 76, C 506 or C 507. Pipe sections, so sealed, will be accepted for use. D. Sizes and Permissible Variations (1) Variations in diameter, size, shape, wall thickness, rein- forcement, placement of reinforcement, laying length and the permissible ' unde:run of length shall be in accordance with the applicable ASTM Specifica- tion. (2) Where rubber gasket pipe joints are to be used the Design of the Joints and Permissible Variations in Dimensions shall be in accordance with ASTM Designation: C 443. ' E. Workmanship and Finish Pipe shall be substantially free fre)m fractures, large or deep cracks and surface roughness. The ands of the pipe shall be normal to the walls and centerline of the pipe within the limits of variations allowed hinder Subarticle 464.2.(4).(a) above. F. Curinj Pip: shall be cured in accordance with the applicable ASTM t Specification for each type of pipe as referred to above. G. Markin The following information shall be clearly marked on each section of pipe: t (1) The clams of pipe. (2) The date of manufacture. (3) The name or trade mark of the manufacturer. (4) One end of each section of pipe with elliptical reinforce- ment shall be clearly marked during the process of manufacture or immediately thereafter on the inside and the outside of opposite walls to show the loca- tion of the "top" or "bottom" of the pipe as it should be installed, unless the external shape of the pipe is such that the correct position of the top and bottom is obvious. Marking shall be indented on the pipe section or aainted thereon with waterproof paint. ' 6-2 1 ~ H. Minimum Age for Shipment Pipe shall be considered ready for shipment when it conforms to the requirements of the tests specified herein. 1. Inspection The quality of materials, the process of manufacture, and the finished pipe shall be subject ti inspection and approval by the Engineer at the pipe manufacturing plant. In addition, the finished pipe shall be sub- Aect to further inspection by the Engineer at the project site prior to and during installation. ' J. Causes for Rejection t Pipe shall be subject to rejection on account of failure to-conform to any of the specification requirements. Individual sections of pipe may be rejected because of any of the following: (1) Fractures or cracks parsing through the shell, except for a single end crack that does not exceed the depth of the joint. t (2) Defects that indicate imperfect proportioning, mixing and molding. (3) Surface defects indicating honeycombed or open texture. (4) Damaged ends, where such damage would prevent makinq a satisfactory joint. K. Repairs Pipe may be repaired if necessary, because of occasional im- perfections in manufacture or accidental inj-Ary during handling and will be acceptable if, in the opinion of the Engineer, the repairs are sound and properly finished and cured and the repaired pipe conforms to the require- ments of the specifications. L. Rejections ' All rejected pipe shall be plainly marked by the Engineer and shall be replaced by the Contractor with pipe which meets the requirements ' 4f these specifications. Such rejected pipe shall be removed immediately from the site of work. M. Jointing Materials Unless otherwise specified on the plans the contractor shall have the option of making the joints by any of the following methods. (1) Mortar Joints which meet the requirements of THD Item 421, Concrete for structures. 1 ' 6-3 (2) Cold Applied, Plastic Asphalt Sewer Joint Compound ' suitable for jointing concrete pipe end meeting the requirements of THD Item 464. (3) Rubber Gaskets meeting the requirements of ASTM C 361 ' or C 443. (4) Cold Applied Preformed Plastic Gaskets meeting the re- quirements of THD Item 464. For jointing materials (bi, (c) and (d), the Contractor shall furnish the Engineer the Manufacturer's Certificate of Compliance. ' N. Reinforced Concrete for Headwalls ' Reinforced Concrete required to construct headwalls for cul- verts shall be Class A having a cement factor of 5.0 and a minimum com- pressive strength of 3000 psi in 28 days and meeting the requirements of THD Item 421, "Concrete For Structures". Reinforcing steel shall be deformed bars conforming to ASTM A615, Grades 40, 60 or 75 and shall be open hearth, basic oxygen, or electric furnace new billet steel. Reinforcing steel shall meet the requirements of THD Item 440. ' 6.03 CONSTRUCTION METHODS t Reinforced concrete pipe culverts and headwalls shall be constructed from the specified materials in accordance with the following methods and procedure: ' A. Excavation Excavation for reinforced concrete pipe culverts and headwalls 1 shall include the removal of all materials encountered, regardless of their nature. If unstable material is encountered it shall be removed and replaced with suitable stable material in uniform layers of suitable depth for compac- tion as directed by the Engineer. Such construction, if required shall be performed in accordance with THD Its-.m 4000 structural Excavation. I When the culvert pipe is laid in a trench, the trench shall be ' shaped to receive the pipe and shall be of sufficient width to provide free working space for satisfactory bedding and jointing and thorough tamping of the backfill and bedding material under and around the pipe. The Contractor 1 shall make such temporary provisions as may be necessary to insure adequate drainage of the trench and bedding during the construction operation. B. Bedding The bedding for pipe culverts shall be Class C in accordance with the detail shown on the plans. if conditions are encountered which will require other types of bedding, as determined by the Engineer, such changes shall be made in accordance with the General Provisions of the Contract. a 6-4 ' C. Laying and Jointing (1) Laying The elevation and grade line, where shown on the pro- file, is the elevation of the pipe invert, or the lowest point on the inside of the pipe. The Contractor shall establish the grade in the trench or excavation with the use of bench marks set by the Engineer. ' The subgrade shall be accurately shaped to receive the pipe barrel and each pipe section, when in place, shall have a uniform bear- ing on the subgrade for the full length of the pine barrel. Pipe shall not ' be laid unless the subgrade is free of water ane6 in a condition satisfactory to the Engineer. Adjustments of the pipe to line and grade shall be made by scraping away or filling in with sand or gravel, and not by wedging or ' blocking up the pipe. Changes in line or grade shall be accomplished by means of pipe specials or joint deflections, conforming to the recommendations of ' the pipe manufacturer. Unless otherwise authorized by the Engineer, the laying ' of pipes on the prepared subgrade shall be started at the outlet end with the tongue ends pointing in the direction of flow and shall proceed toward the inlet erd with the abutting sections properly matched, true to the established lines and grades so that when laid in the bed they shall form a smooth, uniform conduit. Proper facilities shall be provided for hoisting and lowering the sections of pipe into the trench without disturbi..g the prepared subgrade and the sides of the trench. The ends of the pipe shall ' be carefully cleaned before the pipes are placed. As each length of pipe is laid, the mouth of the pipe shall be protected to prevent the entrance of earth or bedding material. t (2) Mortar Joints All pipe shall be closely jointed and sealed with stiff mortar, composed of one part Portland cement and two parts sand, so placed as to form a durable water-tight joint. The ends of the pipe shall be thorouc`iy cleaned and wetted before making the joint. After any section ' of pipe is laid and before any succeeding section is laid, the lower half of the groove of the pipe last laid shall be thoroughly plastered by trowel- ing oa an even layer of mortar. The tongue end of the next section of pipe ' shall then be inserted, fitted as close as the construction of the pipe will permit and the lower half of the inner circumference :,f the joints of pipe over 18 inches in diameter shall be sealed and packed with mortar and fin- ished smooth and even with the adjacent sections of pipe. Before this mortar ' has attained initial set, additional mortar shall then be applied from t'ne outside and forced into the unfilled portion of the groove to fill completely the annular space around the tongue. For pipe smaller than 18 inches in ' diameter a swab shall be drawn through the pipe to remove any fins of mortar from the joint. No backfilling of the trench shall be undertaken until after the cemented pipe joints have set up. 6-5 Any pipe which is not in true a] ignment or which shows any undue settlement, or is damaged, shall be taken up and relaid or re- placed without extra compensation. (3) Cold Applied, Plastic Asphalt Sewer Joint Compound ' This compound is suitable for constructing joints on storm sewer pipe and consists of natural or processed asphalt base, suit- able volatile solvents, and inert filler, a portion of which shalFipe ends asbestos fiber. The material shall be of a consistency that t coin be coated with a layer of the compound up to 1/2 inch thick by means of a trowel. It shall cure to a firm, stiff plastic condition after applica- tion. (4) Cold Applied, Preformed Plastic Gaskets ' These preformed gaskets may be used for sealing tonnue and groove concrete pipe sewers. the gasket sha71 be produced from blinds of refined hydrocarbon resins and plasticizing compounds reinforced with inert mineral filler and shall contain no solvents, irritating fumes or obnoxious odors. The gasket joint sealer shall not depend on oxidizing, evaporating, or chemical action for its adhesive or cohesive strength and ' shall be supplied in extruded rope-form of suitable cross section. The gasket 'Joint sealer shall be protected by a removable two-piece wrapper designed so that one-half rr:y be removed longitudinally without disturbing ' the other half to facilitate application. D. eackfill ' After the bedding has been prepared and the pipes installed as required, selected materials from the excavation aition ormblayerssnotlexceed- placed along both sides of the pipe equally, comp acted ' ing 6 inches it, loose depth, wetted if required, and thoroughly P with hand-operated equipment to a minimum depth of 12 inches over the top of the pipe. Select material shall consist preferably of a free-flowing large stone, •naterial like sand or mixed sand and gravel, free from lumps, cut clay and organic materials. Select material shall also include trock hat the ' tings from a ditching, machine (preferably wheel-type), provided largest chips shall have at least an avezage dimension in one place less than one-half inch (1/2"). If sand, gravel or rock cuttings are not having sent on the project, the Contractor may borrow and place a damp sand a minimv- moisture content of 5 percent and containing i n moee Shan 10 per- Twith %%terr he backfillprovidedathe cent foreign matter. Sand backfill may be jetted pipe is not displaced during jetting over the pipe shall be compacted to a den3lty of not less than 95 percent in accordance with AASHO T-99. 1 6-6 r r 6.04 MEASUREMENT AND PAYMENT A. Reinforced Concrete Pipe Reinforced concrete pipe shall be measured and paid for by the r linear foot of pipe, complete in place, in accordance with these specifica- tions. Such measurement shall be made between the ends of the pipe )arrel along the central axis as installed. Where spurs, branches or connections ' to existing pipelines are involved, measurement of the spur or new connecting pike shall be made from the intersection of its central axis with tht outside of the pipe into which it connects. Payment for reinforced concrete pipe will be made at the contract unit price bid for the various sizes and classes ' shown in the proposal and bid Schedule, which payment shall be full compensa- tion for furnishing and transporting the pipe; the excavation of the trench; the preparation of the bedding; the excavation, hauling and placing of the r bedding material; hauling, pl;,cing and jointing of pipes; for bacrtfill anR finish and all other items of material, labor, equipment, tools and inciden- tals necessary to complete the work. Pipe wyes and connections to existing ' structures shall be measured per each and payment shall be made at the con- tract unit price bid per each which price shall include all labor, tools, materials and equipment necessary to complete the work. ' B. Reinforced Concrete Headwalls Reinforced Concrete Headwalls shall be measured ant paid for by ' the cubic yard, which price shall include all excavation, backrili, materials, labor, tools and equipment required to complete the work. r r r r r 6-7 r ' 10/24/74 AC 150/5370-10 ' DIVISION III ' FENCING (WIRE FENCES) ' ITEM F-160 WIRE FENCE WIT11 WOOD POSTS ' (Classes A and B Fences) ' Description 160-1.1 This item covers the requirements for furnishing materials and constructing new wire fences and gates with wood posts in accordance with the details included herein and as shown on the plans. The class of fence to be erected shall be either Class A, woven wire fencing surmounted by two strands ' of barbed wire, or Class B, four strands of barbed wire, as indicated on the plans and in the bid proposal. Materials 160-2.1 WIRE (a) Woven Wire (Zinc-coatedd . The woven t,ire fence shall be 7-bar, ' 26-inch field fence with top and bottom wires No. 10 ASW gauge, and filler and stay wires No. 12 1/2 ASW gauge. Stay wires shall be spaced 6 inches apart. All wires shall be wroth galvanized steel wire, conforming to Fed. ' Spec. RR-F-2219 Type B. All wires shall be two-dip and shall be spaced as shown on the plans. (b) Barbed Wire (Zinc-coated). Zinc-coated barbed wire shall be ' 2-strand twisted No. 12 112 ASW gauge galvanized steel wire with 4-point barbs of No. 14 ASW gauge galvanized steel wire. All wire shall conform to Fed. Spec. RR-F-221, Type A. The barbs shall be spaced approximately 4 ' inches apart. (c) i rbed Wire (Copper-covered)-. Copper-covered steel barbed wire ' shall :info m to Fed. Spec. RR-F-221, Type A. 1 DIV III I'age "141 1 ' AC 150/5370-10 1 ITEM F-160 WIRE FENCE WITH WOOD POSTS (d) Barbed Wire (Aluminum-coated). Aluminum-coated steel-barbed wire ' shall be 2-strap tw ste No.12 112 j1J gauge. The 4-point barbs of No. 14 ASW gauge aluminum-coated steel wire shall be spaced approximately 5 inches apart. The steel wise; shall have a tensile strength of between 60,000 and 80,000 pounds per square inch, and the aluminum coating shall have a minimum weight of 0.30 ounce per square foot of wire surfac3 on the No. 12 1/2 ASW gauge line wire and 0.25 ounce per Square foot of wire surface on the No. 14 ASJ gauge barbs. ' (e) P,ra hire (Zinc-coated). Wire used for cable for bracing shall be No. 9 smooth galvanized soft wire. 160-2.2 CATES AND HARDWARE. Cates shall be constructed of galvanized steel tubing co.iforming to Fed. Spec. RR-F-183 and shall be the size shown on the ' plans. Heavily galvanized hinges and latches for wood posts shall be - furnished with each gate. Either a bolt or lag screw hinge shall be used, and either a wing or butterfly latch shall be furnished. ' 160-2.3 POSTS. ' (a) Species. All pcstr shall be one of the following species of wood, unless otherwise noted in the proposal: ' Group I Croup II Cedar Douglas-fir t Chestnut Cum, Red Cypress, Southern Larfi, Western Locus., Black Pine, Southern Yellow ' Osage-orange Pine, Lodgepole Redwood Tamarack Yew, Pacific Ash Honeyiocust Maple, Sugar ' Oak, Win it e Oak Red Mulberry Spruce Live Oak 1 ' Page DIV III ' 10/24/'14 AC 150/5370-10 ' ITEM F-160 WIRE FENCE WITH WOOD POSTS ' Posts of Group I may be used untreated, provided at least 75% of the wood is heartwood. Pests of less than 75% heartwood of Group I shall be given a preservative treatment for the part of the post that will have contact with ' the ground line in accordance with the method specified under subparagraph (e)(1), below. Posts of Group 1I shall be given a preservative treatment in accordance with the method specified under subparagraph (e)(2), below. ' (b) Quality. Posts shall be peeled, sound, straight-grained, free from decay, cracks, and splits; shakes shall not be 'in excess of 1/4 inch wide and 3 feet long. Checks (lengthwise separations of the wood in a ' generally radial direction) are permitted, provided they are not injurious. (c) Dimensions. All posts shall be of the length shown on the plans. ' Posts shall have the minimum top diameters shown on the plans or as specified. Sawed and split pests are acceptable in lieu of round posts provided their dimensions are such that round posts of required diameter could be turned therefrom. (d) Manufacture. Outer bark shall be completely removed from all posts including depressions. Inner bark shall be removed from all post ' surfaces 1_n be treated, except inner bark may remain in depressions. The amount of wood shaved off in the removal of inner bark shall be held to a minimum. ' (e) Treatment. (1) Butt treatment. All timber shall be thoroughly seasoned and ' dry (22% maximum moisture content) before applying preservative treatment. The treatment shall be by a process at least equal to a hot and cold bath process. The hot bath temperature shall be from 200° to 230° F. for a ' duration of 45 minutes, and the cold bath temperature not over 120° F. for a duration of 45 minutes. The preservative shall be either coal-gas tar or coke-oven tar creosote conforming to American Wood Preservers Association ' (AWPA) Specification No. 4 for Grade I creosote; or a 5% minimum, by weight, pentachlorophenol petroleum solution made by either mixing a liquid concentrate of pen:achlorophenol in fuel oil or kerosene, or by dissolving Fentachlorophenol crystals of technical purity in suitable fuel oil solvents, as specified by AWPA. (2) Full lenLt'i--treatment. Posts shall be conditioned by air , ' seasoning, steaming, or heating in oil in a manner that prevents injurious checking, splitting, or warping before treating. The treatment, care and preservative shall be in accordance with Fed. Spec. TT-W-571. ' DIV III Page 443 ' AC 150/5370-10 10/24/74 ITEM F-160 14IRE FENCE WITH WOOD POSTS ' 160-2.4 BRACES. Cleats, gate stops, and braces shall be of the size shown on the plans. They shall be of the same species and quality specified for ' the posts or approved by the engineer, and they shall be free from knots larger than one third the width of the piece. Gate stops shall be made of posts of suitable length. Braces may he made of posts of suitable length or of sawed lumber. All cleats, gate stops, and any braces in contact with the ' ground and for a distance of at least 6 inches above the ground shall be treated by the hot and cold bath process, specified herein for posts. The wire used in cable for bracing shall conform to 160-2.1(e). 160-2.5 STAPLES. The staples shall be No. 9 galvanized steel wire, 1 inch t long for hardwood posts ani 1 1/2 inches long for use in softwood posts. Construction Methods 160-3.1 GENERAL. The fence shall be constructed in acc,)rdance with the 1 details on the plans and as specified herein using new materials, and all work shall be performed in a workmanlike manner, satisfactory to the engineer. Prior to the beginning of the work or upon the request of the ' contractor, the engineer shall locate the position of the work by establishing and marking the property line or fence line. Srhen directed, the contractor shall spin the opening below the fence with barbed wire fastened to posts of extra length at locations of small natural or drainage ditches ' where it is not practical to conform the fence to the general contour of the ground surface. The new fence shall be permanently tied to the termiuals of existing fences whenever required by the engineer. The finished fence shall ' be plumb, taut, true to line and ground contour, and complete in every detail. When directed, the contractor shall stake dorm the woven wire fence at several points between posts. t When directed, in order to keep stock un adjoining property inclosed at all times, the contractor shall arrange the work so that construction of the new fence will immediately follow the removal of existing fences. The length of ' unfenced section at any time shall not exceed 300 feat or such length that the stock can be kept in the proper field, The work shall progress in this manner., and at the close of the working day, the newly constructed fence t shall be tied to the unremoved existing fence. Any openings in the fence shall be guarded when stock is using the adjoining property. 1 ' page 1444 DIV III ' 10/24/74 AC 150/5370-10 ' ITEM F-160 WIRE FENCE WITH WOOD POSTS t 160-3.2 CLEARING FENCE LINE. The site of the fence shall be sufficiently cleared of obstructions, and surface irregularities shall be graded so that the fence will conform to the general contour of the ground. The fence line shall be cleared to a minimum width of 2 feet on each side of the centerline ' of the fence. This clearing shall consist of the removal of all stumps, brush, rocks, trees, or other obstructions which will interfere with proper construction of the fence. Stumps within the cleared area of the fence line 1 shall be grubbed or excavated. The bottom of the fence shall be placed a unifo r- distance above ground as specified in the plans. Wren shown on t::p plans or as directed by the engineer, the existing fences which coincide t with, or are in a position to interfere with, the new fence location shall be removed by the contractor as part of the construction work, unless such removal is listed as a separate item in the bid schedule. lkll holes remaining after post and stump removal shall be refilled with suitable soil, t gravel, or other ma,.erial acceptable to the engineer and shall be compacted properly with tampers. ' The work shall include the handling and disposal of all material cleared, of excess excavation ane the removal of spoiled material regardless of the type, character, composition, or condition of such material encountered. 160-3.3 SETTING POSTS. Posts shall be set with large ends down, plumb, and in good line on the side on which the wire is to be fastened. Posts shall be ' set full depth and shall not be cut off to eliminate rock or other excavation. Where rock is encountered, it shall be removed, even if blasting is necessary, to provide full-depth and full-size holes. Th r bottoms of all ' posts shall be cut off square. The diancter of the holes shall be at least 6 inches larger than the diameter of the posts. When cleats are used on posts, the holes shall be dug large enough to accommodate them. After posts are placed and lined, the holes shall be backfilled with suitable material which ' shall be properly compacted by the use of tampers. The posts adjacent to end, corner, anchor, and gate posts shall be set and braced with braces and wire, as shown on the plans. No extra compensation shall be made for rock ' excavation. Rock excavation shall not be grounds for extension of time. 160-3.4 ANCHORING. Corner, end, gate, and adjacent intermediate posts shall be anchored, by gaining and spiking cleats to the sides of the posts, as indicated on the plans. No cleats will b± required on othr.r intermediate posts or on anchor posts. 1 ' DIV III Page 445 1 t 1C 150/5370-10 1 o/?4/7L t ITEM F-160 14IRE FENCE WITH WOOD POSTS 160-3.5 BRACING. End, corner, anchor, and gate posts shall be braced by using a post of sufficient length or a piece of sawed lumber of the proper size, together with a wire cable. The wooden brace shall be gained and securely spiked into the end, corner, anchor, or gate posts and into the next intermediate posts about 6 inches from the top of the respective ' posts. A cable made of a double strand of galvanized soft wire shall be looped around the end, corner, anchor, or gate post near the ground and around the next intermediate post about 12 inches from the top. After the cable has been stapled in this position, it shall be twisted until tight. The staples used to hold the cable shall be not less than 1 1/2 inches long. 1'he tool used for twisting the cable shall be left in place to permit later adjustment of bracing if found necessary. Anchor posts shall be set at approximately 500-foot intervals and braced to the adjacent posts. Posts shall be braced before the wire fencing is placed. ' 160-3.6 INSTALLING WIRE. The wires shall be placed on the side of the posts away from the airport or as directed. The wire fence shall be placed ' on the posts at the height indicated on the plans. Longitudinal wires shall be installed parallel and drawn uniformly taut. The vertical stay wires of the woven wire fencing shall be straight and vertical. At end q,id gate posts the woven wire and barbed wire shall be wrapped once around tka ' post; each longitudinal wire shall be stapled at least three times and the ends of these wires shall be tied with a snug, tight twist. Each longituuinal wire shall be stapled to each intermediate post with one steel ' wire staple; at the corner and anchor posts, two or more staples shall be used. The top strand of barbed wire of all fences shall be stapled with two staples in each post. All staples shall be set diagonally with the ' grain of the wood and driven up tight. After the fence has been erected, the tops of the wood posts shall be sawed off with a 1-to-3 pitch. Vie bottom wire of the wire fencin3 shd11 clear the ground by not more than 4 ' inches or less than 1 inch at any place. 160-3.7 SPLICING WIRE. Wire splices in longitudinal wires will be ' permitted if made with an approved galvanized bolt-clamp splice or a wire splice made as follows: The end of the wires shall be carried 3 inches past the splice tool and wrapped around the other wire away from the tool ' for at least six turns in opposite directions. After the tool is removed, the space occupied by it shall be closed by pulling the ends together. The unused ends of the wires shall be cut close to make a neat, workmanlike ' job. Yoven wire shall be spliced only at posts. Page 4' DIV III 10/24/74 AC 150/5370-10 ' ITEM F-160 WIRE. FENCE WITH WOOD POSTS 160-3.8 INSTALLING GATES. The gates shall be hung on gate fittings, as shown on the plans. Fittings on the gate posts shall be clamped, screwed, or bolted to prevent slipping. Gates shall be so erected as to -.wing in the direction indicated and shall be provided with gate stops, as specified ' or as shown on the plans. Gates shall be erected at suitable places, as directed by the engineer or as shown on the plans. t 160-3.9 EXISTING FENCE CONNECTIONS. Wherever the new fence joins an existing fence, either at a corner or at the intersection of straight fence lines, a corner or anchor post shall be set at the junction and braced and anchored the same as herein described for corner posts. If the connection is made at other than the corner of the new fence, the ' last span of the old fence shall contain a brace span. ' 160-3.10 CLEANING UP. The contractor shpil remove from the vicinity of the completed work all tools, buildings, equipment, etc., used during construction. 1 Method of Measurement ' 160-4.1 Fences, Class A (Wood Posts) or Class B (Wood Posts), shall be measured in place from outside to outside of end posts or corner posts an3 ' shall be 0,e length of fence actually constructed, except for the space occupied by the gates. Driveway gates and walkway gates shall be measured in units for each gate installed and accepted. Basis of Payment 160-5.1 Payment will be made at the contract unit price per linear foot ' for Class A or Class B wire fence, This price shall be full compensation for fintishing all materials and for all preparation, erection, and installation of these materials, and for all labor, equipement, tools, and ' incidentals necessary to complete the item DIV III Page 447 1 ' AC 150/5370-10 10/24/74 i ITEM F-160 WIRE FENCE I4ITH WOOD POSTS ' Payment will be made at the contract unit price per each for driveway or for ' walkway gates. This price shall be full compensation for furnishing all materials and fo:- all preparation, erection, and installation of these materials and for all labor, equipment, tools, and incidentals to complete the item. r Payment will be made under: r Item F-160-5.1 Fence, Class A - per linear foot. Item F-160-5.1 Fence, Class S - per linear foot. Item F-160-5.1 Driveway Gates - per each. Item F-160-5.1 Walkway Gates - per each. 1 TESTING AND MATERIAL. REQUIREMENTS ' Test and short title Material and short title Tone !/RR-F-221--Wire r '/RR-F-183--4lardware ' 21 AWPA No. G--Preserva- tive ' 1/TT-W-571-Preservative /Federal Specifications ?American Wood Preservers Association r 1 i r Page 4V,, DIV III i ITEM T-901-SEEDING ' T-903 SEEDING. All paragraphs under Item T-901, Seeding, shall apply with the following modifications: 901-2.1 SEED. Delete these paragraphs and substitute the following: The graus seed shall be common bermuda and shall conform to the requirements of Federal Specification JJJ-S-181. All seed must meet the requirements of the Texas Seed Law including and labeling requirements for showing purity, germination, name and type of seed. ' Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine months of the time of delivery to the project. All seed used shall be hulled bermuda grass seed having a purity of 95% and a germination of 90%. The application rate shall be 8 pounds per acre and the recommended planting date will be January 1 to May 15. Bermuda grass seed shall be furnished in sealed, standard containers unless written exception ' is granted. Seed that is wet or moldy or that has been otherwise damaged in transit or storage will not be acceptable. The seed shall be free of field bindweed, hedgeweed, and nutgrass seed. Seed shall not contain other noxious weed seed in excess of the limits allowable under the Federal Seed Act and t applicable state seed laws. Seed labeled as mixture or pasture mixture will not be acceptable. Common bermuda grass seed shall not contain in excess of 3% of giant strains of bermuda grass. Each seed container shall bear the date of the ' last germination, which date shall be within a period of six months prior to commencement of planting operations. 901-2.2 LIME. Delete this paragraph. 901-2.3 FERTILIZER. Delete the paragraphs and substitute fcllo"fing: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing and shall be in accordance with the Texas Fertilizer Law. A pellated or granulated fertilizer shall be used with analysis of 16-20-0 representing the percent of nitrogen, phosphoric acid, and pot ash nutrients respectively. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be pellated or granulated fertilizer with a lower concentration. The total amount of nutrients furnished and applied per acre shall equal or exceed 16-20-0. Fertilizer shall be applied uniformly at the average of 400 pounds ' per acre for all types of turfing. 1 1 i 901-4.1 MEASUREMENT. Delete the paragraph and substitute the following: The quantity of seeding to be paid for shall be the number of acres measured on the ground surface, completed and accepted. The quantity of fertilizer ' to be paid for shall be the number of tons used. 901-5.1 PAYMENT. Delete the paragraph and substitute the following: ' The quantity of seeding determined as provided above, will be paid for at the contract unit price per acre, or fraction thereof, for the pay item listed below which price and payment shall be full compensation for furnishing and placing all material and for all labor, equipment, tools and incidentals necessary to complete the work prescribed in this item. This quantity of fertilizer shall be paid for by the ton. TESTING AND MATERIAL REQUIREMENTS ' Test and short title Material and short title None LTjj-s-181 --Seed 1 1 1 1 I 1 1 r e AC 150/5370-10 1D/24/74 ' DLVISIOy V TURFING ' ITEM T-901 SEEDING ' Description 901-lrectedibyithe t:hgineerninsaccordancenwith theses specificationsplans or as di ' Materials 901SEED. The kinds , f grass, legume, and cover-crop seed furnished tho Se stipulated it: the special proy,isions. Seed shall conform to shall the requirements of Fed. Spec. J.;J-S-181. ' Seed shall be fiirnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of t germination and hard seed, and percentage of paximun weed seed content certifying clearly marked for each kind sii a shvendoall engineer duplicate signed copies of ized laboratory for seed ' that each lot of seed has been testes by a recT6ns statement shall include: testing within 6 r.► of date delivery., tst, lot number for each kind of name and address of laboratory, date percentages of purity and of ' seed, and the results of tests as to name, p germination, and percentage weed c ttentoforeach kind seeded furnished, and, in case of a mixture, the 901-2 .2 LIME. Lime, if specified, shall be ground limestone containing not SO swill passuthrough asuothat less than through ftotal acar shall be ' 900 will pass the rates of 100 mesh tlieve. Coarser material will be acceptable, providi:`g the a depth specified are rin provide not onathe basisiofntheatwotsisrve ' and nd de requirements caiE°magneaiu~ ox delime or a high r•agricsium lime shall contain at least 10 Fags 507 ' DIV V r AC 150!5370-10 10/24/7 1 ITEM T-901 SEEDING 'r 901-2.3 FERTILIZER. Fertilizer, if specified, shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of ' total nitrogen, available phosphoric acid, and water-soluble potash. They shall be applied at the rate and to the depth specified in the special provisions, and shall meet the specified requirements of the applicable Stan r and Federal laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers The fertilizers may be supplied in one of the following forms: (a) A dry, free-flowing fertilizer suitable for application by a common fertilizer spreader; (b) A finely-ground fertilizer soluble in water, suitable for application by power sprayers; cr r (c) A granular or pellet form suitable for application by blower equipment. 901-2.4 SOIL FOR U PAIRS. The soil for fill and topsolling of areas to be repaired shall be al least of equal quality to chat which exists in areas adjacent to the area to be repaired. Tile soil shall be relatively free from large stones, roots, stumps, or other materials ihat will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the engineer before being, paced. Construction Methods r 901-3.1 ADVANCE PREPARATION AND CLEANLT. After grading of areas has been completed an before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than 2 inches in ' any dtineter, sticks, stumps, and other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass-coverer areas. If any damage by erosion or other causes has nccurred after the ' completion of grading and before beginning the application of fertili7or and ground limestone, the contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. r r ' Page 508 DIV V 1 1 10/24/74 AC 150/5370-10 ITUI T-901 SEEDING An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently been thoroughly loosened and worked to a depth of not less than 5 inches as a result of grading operations and, if immediately prior to seeding, the top 3 inches of soil is loose, friable, e reasonably free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade. ' However, when the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil then scarified or otherwise loosened to a depth not less than 5 inches. Clods shall be broken and the top 3 inches of soil shall be worked into a satisfactory seedbed by discing, or by use of cultipa ricers, rollers, drags, harrows, or other appropriate means. 1 901-3.2 DRY AM ICATION METHOD. (a) Liming. Lime, if required, shall be applied separately and prior to the application of any fertilizer or seed and only on seedbeds which have ' previously been prepared as described above. The lime shall then be worked into the top 3 inches of soil after which the seedbed shall again be properly graded and dressed to a smooth finish. (b) Fertiliz{ng. Following advance preparations and cleanLp, and liming if required, fertilizer shall be uniformly spread at the rate which will provide not less than the minimum quantity stated in the special provisions. (c) Seeding. Grass seed shall be sawn at the rate specified on the ' plans or in the special provisions immediately after fertilizing, and the fertilizer and seed shall be raked within the depth range stated in the special provisions. Seeds of legumes, either alone or in mixtures, shall be inoculated before mixing or sowing, in accordance with the instructions of the manufacturer of the inoculant. When seeding is required at other than the seasons shown on the plans or '..n the special provisions, a cover crop shall be scrrn by the same methods required for grass and legume seeding. (d) Rolling. After the seed has been properly covered, the seedbed shall be immediately compacted by means of an approved lawnroller, weighing ' 40 to 65 pounds per foot of width for clay soil (or ny soil having a tendency to pack), and weighing 150 tc, 200 pounds per foot of width for sandy or light soils. t ' DIV V page 5r9 t AC 150/5370-10 10/24/74 1 ITEM r-901 SEEDING ' 901-3.3 WET APPLICATION METHOD. (a) General. The contractor may elect to apply seed and fertilizer (and lime, if requ.red) by spraying them on the previously prepared seedbed in the form of an aqueouz~ mixture and by using the methods and equipment described herein. The races of application shall be as specified in the special provisions. ' (b) Spraying Equipment. The spraying equipment shall have a container or water tank equipped with a liquid level gauge calibrated to read in increments not larger than 50 gallons over the entire range of the tank capacity, mounted so as to be visible to the nozzle operator. The container or tank shall also be equipped with a mechanical power-driven agitator capable of keeping all the solids in the mixture in complete suspension at all times until used. The unit shall also be equipped with a pressure pump capable of delivering 100 gallons per minute at a pressure of 100 pounds per square inch. The pump shall be mounted in a line which will recirculate the mixture through the tank whenever it is not being sprayed from the nozzle. All pump passages and ' pipe lines shall be capable of providing clearance for 5/8 inch solids. The power unit for the pump and agitator shall have controls mounted so as to be accessible to the nozzle operator. There shall be an indicating pressure gauge connected and mounted immediately at the back of the nozzle. The nozzle pipe shall be mounted on an elevated supporting stand in such a manner that it can be rotated through 360 degrees horizontally and inclined ' vertically from at least 20 degrees below to at ]east 60 degrees above the horizontal. There shall be a quick-acting, three-way control valve connecting the recirculating line to the nozzle pipe and mounted so that the ' nozzle operator can control and regulate the amount of flow of mixture delivered to the nozzle. At least three different types of nozzles shall be supplied so that mixtures may be properly sprayed over distance varying from 20 feet to 100 feet. One shall be a close-range ribbon nozzle, one a medium-range ribbon nozzle, and one a long-range jet nozzle. For case of removal and cleaning, all nozzles shall be connected to the nozzle pipe by means of quick-release couplings. ' In order to reach areas inaccessible to the regular equipment, an extension hose at least 50 feet in length shall be provided to which the nozzles may be connected. ' Page 510 DIV V 1 10/24/74 AC 150/5370-10 ITEM T-901 SEEDING ' (c) ;fixtures. Lime, if required, shall be applied separately, in the quantity specified, prior to the fertilizing and seeding operations. Not raore than 220 pounds of lime shall be added to and mixed with each 100 ' gallons of water. Seed and fertilizer shall be mixed tofether in the relative proportions specified, but not more than a total of 220 pounds of these combined solids shall be added to and mixed with each 100 ;allons of ' water. All water used shall be obtained from fresh water sources and shall be free from injurious chemicals and other toxic substances harmful to plant life. Brackish water shall not be used at any time. The contractor shall identify to the engineer all sources of water at least 2 weeks prior to use. The engineer may take samples of the water at the source or from the tank at any ' time and have a laboratory test the samples for chemical and saline content. The contractor shall not use any water from any source which is disapproved by the engineer following such tests. ' All mixtures shall be constantly agitated from the time they are mixed until they are finally applied to the seedbed. All such mixtures shall be used within 2 hours from t.a time they were mixed or they shall be wasted and t disposed of at locations acceptable to the engineer. (d) S ra ing. Lime, if required, shall be sprayed only upon previously prepared seedbeds. After the applied lime mixture has dried, the lime shall be worked into the top 3 inches, after which the seedbed shall again be properly graded and dressed to a smooth finish. ' Mixtures of seed and fertilizer shall only be sprayed upon previously prepared seedbeds on which the lime, if required, shall already have been worked in. The mixtures shall be applied by means of a high-pressure spray ' whi^.h shall always be directed upward into the air so that the mixtures will fail to the ground like rain in a uniform spray. 'Nozzles or sprays shall never be directed toward the ground in such a manner as might produce erosion ' or runoff. Particular care shall be exercised to insure that the application is made ' uniformly and at the prescribed rate and to guard against misses and overlapped areas. Proper predetermined quantities of the mixture in accordance with specifications shall be used to cover specified sections of known area. Checks on the rate and uniformity of application may be made ty ' observing the degree of wetting of the ground or by distributiT!g test sheets of paper or pans over the area at intervals and observing the quantity cf material deposited thereon. 1 DIV V Page 511 AC 15015370-10 10/24/74 ITE.*1 T-901 SEEDING 1 On surfaces which are to be mulched as indicated t,y the plans or designated b~ ' the engineer, seed and fertilizer applied by the spray method need not be raked into the soil or rolled. However, on surfaces on which mulch is not to be used, the raising and rolling operations will be required after the soil ' has dried. 901-3.4 MAINTENANCE OF SEEDED AREAS. The contractor shall protect seeded ' areas against traffic or other use by warning signs or barricades, as approved by the engineer. Surfaces Bullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The contractor shall mow, yYater as directed, and otherwise maintain seeded areas in a satisfactory condl.tion until final inspe:tion and acceptance of the work. ' When either the dry or wet application method outlined above is used for work done out of season, it will be required that the contractor establish a good stand of grass of uniform color and density to the satisfaction of the ' engineer. If at the time when the contract has been otherwise completed it is not possible to make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the ' areas seeded out of season will be withheld until such time as these requirements have been met. ' Method of Measurement ' 101-4.1 The quantity of seeding to be paid for shall be the number of units of 1,000 square feet, measurfA on the ground surface, completed and accepted. t Basis of Payment w ' + ' 901-5.1 The quantity, determined as provided above, will be paid for at the contract unit price per 1,000 square feet. or fraction thereof, for the pay item listed below, which price and payment shall be full compensation for furnishing and placing all material and for all labor, equipment, tools, and incidentals necessary to complete the work prescribed in this item. 1 t Page 512 D' r .r 0/24/71 AC 150/5370-10 1 ITEM T-901 SEEDI\G Payment will be made under, Item 901-5.1 Seeding - per 1,000 square feet. ' TESTING AND MATERIAL REQUIREMENTS ' Test and short title material and short title None iii-S-181--Seed Federal Spt_t ification 1 1 t 1 1 t ' DIY V =age 513 (Feserra pare 514) ' AC 150/5370-10 10/24,174 TEST 511 COmACTIm CONTROL TESTS ' 611-3.1 FIELD DENSITY. Field density refers to the dry density expressed in pounds per cubic foot of a layer of compacted material in place at the site as determined by a sample representative of the compacted layer. The field density shall be determined _n accordance with AASHO T 1479 AASHO T 181, ASTM D 15569 ASTM D 2167, or other methods approved by the engineer. 611-4.1 PERCENT COMPACTION. The percent compaction is defined as the density of the compactei layer expressed as a percentage of the maxip"m density of the material when teste2l in accordance with these specifications. 611-4.2 COMPUTATION, The percentage of compaction is computed by the formula: Percent compaction Field dens_ty x 10o ' Maxin'.= dens: ty 1 1 ' Page 653 DN VIi 1