09/19/2001 Contract
.
CONTRACT DOCUMENTS
REMARK RUNWAY 9-27
AND MISCELLANEOUS MARKINGS
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
A.I.P. NO. 3-12-0037-1601
URS Corporation Contract No: C500004059.23
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR. GEORGE NEUGENT, DISTRICT 2
MS. NORA WILLIAMS, DISTRICT 4
MR. CHARLES "SONNY" MCCOY, DISTRICT 3
MS. MURRAY NELSON, DISTRICT 5
MS. DIXIE SPEHAR, DISTRICT 1
Prepared by:
URS CORPORA TION
JUNE, 2001
VOLUME 1 OF 2
MAYOR
MAYOR PROTEM
MEMBER
MEMBER
MEMBER
CONTRACT DOCUMENTS
REMARK RUNWAY 9-27
AND MISCELLANEOUS MARKINGS
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
A.I.P. NO. 3-12-0037-1601
URS Corporation Contract No: C500004059.23
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR. GEORGE NEUGENT, DISTRICT 2
MS. NORA WilLIAMS, DISTRICT 4
MR. CHARLES "SONNY" MCCOY, DISTRICT 3
MS. MURRAY NELSON, DISTRICT 5
MS. DIXIE SPEHAR, DISTRICT 1
MAYOR
MAYOR PROTEM
MEMBER
MEMBER
MEMBER
Prepared by:
URS CORPORA TION
JUNE, 2001
VOLUME 1 OF 2
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ADDENDUM No.2
July 20, 2001
to
Specifications and Other Contract Documents for
Remark Runway 9~27 and Misoellaneous Markings
Key West International Airport
Monroe County, Florida
AlP No. 3-12-0037-1601
TQ ALL CONCERNED;
The following items are modifloations and interpretations to the original contract documents as
Issued to the bidders on July 25. 2001. The following items as provided hereinafter are now in
effect and have the same force as if included in the original documents.
Bidder shall acknowledge receipt of this addendum on the proposal form (Section C, Page 1-14
and Section H, Page 1~23).
Also, please sign this page of the addendum and return by fax (305) 261..4017 to confirm
your receipt
This Addendum to the Contract Documents includes modifioations to the following;
Modlficatlon'to Specification:
Modify the fourth paragraph in Section A (Invitation for Bids), page 1-3~ to read:
"No bids will be considered unless the bidder is properly qualified to submit a proposal
for this oonstruction in aooordance with all applicable Jaws of the State of Florida. This
shal' include evidence of possession of a CUITent license to perlorm this type of work.
Non-residents oOhe state, if a corporation, shall show evidence of qualification by the.
Seoretary of State to do business in Florida." . .
"No General Contraotor license Is required."
This Addendum No.2 consists of one (1) total page.
URS Corporation
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ADDENDUM No.1
July 18, 2001
to
Specifica~ons and Other Contract Documents for
Remark Runway 9-27 and Miscellaneous Maoongs
Kay West International Airport
Monroe County. Florida
AlP No. 3-12-0037-1601
TO ALL CONCERNED:
The following items are modifIcations and intel'Pretatlons to the original contract
documents as issued to the bidders on July 25, 2001. The following items as provided
hereinafter are now In effect and have the same force as If included In the original
documents.
Bidder shall acknowledge receipt of this addendum on the proposal form (Section C,
Page 1-14 and Sectfon H, Page 1-23).
Also, please sign this page of the addendum and return by fax (305) 261..4017 to
confirm your receipt.
This Addendum No.1 consists of four (4) total pages and six (6) plans (Sheet Nos. 1,2,
3, 4, 5 and 6).
URS Corporation
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Addendum No. 1
Page 1
,.
ADDENDUM No.1
July 18, 2001
to
Specifications and Other Contract Documents for
Remark Runway 9~27 and Miscellaneous Markings
Key West International Airport
Monroe County, Florida
AlP No. 3~12-0037-1601
This addendum to the Contract Documents includes modifications to the following:
A. Modifications to Specifications
1. Schedule of bid items (Attachment "A")
Delete the Schedule of Bid Items (Attachment "A"), Page 1~16 in its
entirety and Replace with the attached revised Schedule of Bid Items
(Attachment "A"), Page 1-16. See attachment on Page 4 (Addendum No.
1 ).
B. Modifications to Drawings
1. Sheet NO.1 -" Index of Drawings - Summary of Quantities and Safety
Area Plan".
Delete from Summary of Quantities Item F-162 "Fence with red
obstruction lights and signage" LF ... 150
2. Sheet NO.2 - " Pavement Marking Layout Plan Sta. 0+00 to Sta. 13+00".
Modify distance from Taxiway "A" centerline to non-movement area
marking, to 75' (typ.).
3. Sheet NO.3 - "Pavement Marking Layout Plan Sta. 13+00 to Sta. 27+00".
Modify distance from Taxiway "A" centerline to non-movement area
marking, to 75' (typ.).
4. Sheet No.4 - "Pavement Marking Layout Plan 8ta. 27+00 to 8ta. 41+00".
Modify distance from Taxiway "A" centerline to non-movement area
marking, to 75' (typ.).
Addendum No.1
Page 2
Delete drawing of proposed chain link fence.
Delete note: "Install sign mounted on proposed fence. See detail "I" on
Sheet 6".
Delete note: "Tie to existing 8' fence".
Delete note: "Proposed 4' high chain link fence with red obstruction lights".
Delete note: "Red obstruction light mounted on the fence. See detaill'H"
on Sheet 6. Note: Obstruction light shall be connected to the existing
ARFF building circuit. For bidding purposes use 150 LF of conduit from
light to point of services".
5. Sheet No. 5 - "Pavement Marking Layout Plan Sta. 41 +00 to Sta.
48+01.17".
Modify distance from Taxiway "An centerline to non-movement area
marking, to 75' (typ.).
6. Sheet NO.6 - "Pavement Marking Details".
Delete Detail H.
Delete Detail!.
Delete Detail J.
Addendum No.1
Page 3
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
FOR
REMARK RUNWAY 9-27
AND MISCELLANEOUS MARKINGS
A.I.P. NO. 3-12-0037-1601
URS Corporation Contract No: C500004059.23
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Prepared by:
URS CORPORA TION
JUNE, 2001
VOLUME 1 OF 2
TABLE OF CONTENTS
VOLUME I
DIVISION I ........................................................................... BI D DOCU MENTS
DIVIS ION II.................. .... .............................................................. CO NTRACT
D IVISI ON III............................................................... GEN ERAL PROVIS IONS
VOLUME II
DIVIS I ON IV......... ........................................................ SPECIAL PROVIS IONS
DIVISION V....... ........ ....................................... TECH N ICAL SPECI FICA TIONS
BID DOCUMENTS
DIVISION I
BID DOCUMENTS
SECTION A - INVITATION FOR BIDS. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 1-2
SECTION B - INSTRUCTIONS TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS. . . . . . . . . . . . . . . .. 1-13
SECTION D - BID BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-17
SECTION E - DRUG-FREE WORK PLACE .............................. 1-19
SECTION F - PRIME BIDDER'S QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . .. .. 1-20
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES. . . . . . . . . . . . . . . . . . . . .. 1-22
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM. . . . . . . . . .. 1-23
SECTION 1
- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
1-24
SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
THE FLORIDA TRENCH SAFETY ACT ...................... 1-25
SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. . . . . . . . . .. 1-27
SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 ...... 1-30
SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES. . . . . . . . .. 1-31
SECTION N - FEDERAL WAGES DECISION ...... . . . . . . . . . . . . . . . . . . . . . .. 1-32
SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29. . 1-37
1-1
SECTION A
INVITATION FOR BIDS
Sealed bids will be received by the Monroe County Board of County Commissioners until
3:00 PM local time. Wednesday. July 25,20 01 forthe furnishing of all labor and materials and
performing all work for constructing the following contract:
Remark Runway 9-27 and Miscellaneous Markings
Key West International Airport
Monroe County, Florida
At the specified time, all bids will be publicly opened and read aloud. The opening will be held
at the office of the Director of Purchasing, 5100 College Road. Public Service Building. Cross
Wing. Room 002. Stock Island. Key West. Florida. 33040. Any bids received after this date
and time will be automatically rejected.
The major items of work for the contract will be as follows:
The proposed work consists of runway, taxiways, and apron pavement
markings. Also, includes miscellaneous pavement marking removal.
A Disadvantaged Business Enterprise (DB E) goal of 00.00% participation has been established
for the contract.
Copies of the bidding documents (Contract Documents) may be obtained from URS
Corporation, 5805 NW 11 th Street, Suite 340, Miami, Florida, 33126-2034, Telephone
305/262-7466, upon payment of $50.00 to URS Corporation, which will not be refunded. No
plans and specifications will be issued to contractors later than twenty-four (24) hours prior to
the time indicated above for receiving bids. No partial sets of plans will be issued.
Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will
be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the
form of a certified check or bid bond payable to the Monroe County Board of Commissioners.
A public construction bond will be required for 100% of the contract price.
A Surety Payment bond will be required for 100% of the contract price and a Surety
Performance Bond also 100% of the contract price.
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The Contractor will be required to pay all workers on this project the prevailing scale of wages
contained in the Contract Documents.
Certification of Nonsegregated Facilities and Equal Opportunity Report Statements must be
signed as included in the bid proposal. Failure to complete these forms may be grounds for
rejecting bids.
Disadvantaged Business involvement data and certification of compliance must be included with
each bid.
No bids will be considered unless the bidder is properly qualified to submit a proposal for this
construction in accordance with all applicable laws of the State of Florida. This shall include
evidence of possession of a current license from the State Licensing Board for General
Contractors, Tallahassee, Florida. Non-residents of the state, if a corporation, shall show
evidence of qualification by the Secretary of State to do business in Florida.
No bid shall be withdrawn for a period of ninety (90) days subsequent to the opening of bids
without the consent of the Owner.
The right is reserved to reject any or all bids and to waive informalities in the bidding.
The right is reserved to accept or reject any item or items of bid and to award and/or negotiate
a contract in the best interest of the County.
All bids, including the recommendation of the County Administrator and the requesting
Department Head or Division Director, will be presented to the Board of County Commissioners
of Monroe County, Florida, for final awarding or otherwise.
The Board will automatically reject the bid of any person or affiliate who appears on the
convicted vendor list prepared by the Department of General Services, State of Florida, under
Sec. 287.133(3)(d), Fla.Stat. (1997).
Interested bidders shall submit two (2) signed originals and four (4) copies of each bid in a
sealed envelope marked on the outside, "Sealed Bid for Remark Runway 9-27 and
Miscellaneous Markings at Key West International Airport". All bids remain valid for a period
of ninety (90) days.
All bidders submitting bids for construction, improvement, remodeling or repair of public
building, will furnish evidence that the bidder holds an appropriate current certificate or
registration per Ch. 489.113 FS, unless exempt under Ch. 489.103, FS.
1-3
SECTION B
INSTRUCTIONS TO BIDDERS
1. CONTENTS OF CONTRACT DOCUMENTS:
Proposal forms are contained in these Contract Documents. All papers bound with or
attached to the Proposal Form are a part of the Contract and must not be detached or
altered.
A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount
of not less than five percent (5%) of the total amount of bid submitted shall accompany
each proposal. The Bid Bond shall be made payable to Monroe County Board of
County Commissioner.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK:
The bidder shall examine carefully the site of the work and the Contract Documents and
he shall investigate and satisfy himself as to the conditions to be encountered, as to the
character, quality and quantity of work to be performed and materials to be furnished
and as to the requirements of the Contract. Bidders shall familiarize themselves with
all federal and state laws, local ordinances and regulations which may in any manner
affect the work or its prosecution. The filing of a Proposal shall be presumptive
evidence that the bidder has complied with these requirements.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to
the meaning of any part of the proposed Contract Documents, he may submit to the
Engineer, URS Corporation, 5805 NW 11th Street, Suite 340, Miami, Florida, 33126-
2034, a written request for an interpretation of the proposed documents. Such
interpretations will be made only by Addenda and a copy of each Addendum will be
mailed or delivered to each bidder receiving a set of such Contract Documents.
Requests for interpretation will be accepted up to seven (7) days prior to the bid due
date.
4. ADDENDA:
Any Addenda issued during the preparation of bids shall be included in the Proposal and
shall become a part of the Contract Documents. Subcontractor's attention must be
called to these changes as well as to the effect Addenda may have on their work.
1-4
5. PREPARATION OF PROPOSAL:
Proposals shall be submitted on the Proposal Form contained in these Contract
Documents. Each blank space in the Proposal Form shall be filled in correctly and the
bidder shall state the price for which he proposes to do the work written in ink. The
bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall
sign his Proposal correctly in ink. If the bidder is an individual, his name and post office
address must be shown. If a firm or partnership, the name and post office address of
each member of the firm or partnership must be shown. If a corporation, the Proposal
must designate the state under the laws of which the corporation is chartered, the
names, titles and business addresses of its officers and the one signing the Proposal
as agent of the firm or corporation must furnish legal evidence that he has authority to
such signature and that such signature is binding upon the firm or corporation.
On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words
and figures a unit price and in figures the product (extension) of the unit price and
quantity in the appropriate column for each bid item exclusive of those items for which
a fixed contract unit price and extension are shown. On "lump sum" items, the same
amount shall be shown in both the unit price (words and figures) and extension (figures
only) columns. After all extensions are made, the bidder shall total the extended
amounts of the bid items and show his total of the extended amounts of the bid items
and show his total bid amount in the appropriate place on the Proposal Form.
All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other
alteration of a figure shall be initialed by the signer of the proposal. The Owner will
check the extension of each item given in the proposal and correct all errors and
discrepancies. In case of a discrepancy between a unit bid price and the extension
amount, the unit price will govern. In case of discrepancy between the unit price in
words and figures, the words shall govern. The sum of the correct extension amounts
will be the contract bid price.
6. ALTERNATE BIDS:
Where alternate designs are provided by the plans and proposal, the bidder shall enter
prices only on the items for the design alternate that will be most economical for him to
construct and other bid items that will be common for all alternates. The bidder shall
enter the words "No Bid" in the unit price column on items for the design alternates not
selected.
If any item on the proposal form permits a choice between alternate specified types of
materials, the bidder shall indicate by a checkmark the type of material he proposes to
use. If more than one type or none is checked, the Owner will make the selection.
Where alternate designs are provided for which bids area called for on each alternate,
the bidder shall furnish bid prices for each of the alternates. Failure to do this may be
1-5
grounds for rejection of the proposal.
7. REJECTION OF PROPOSALS:
Proposals may be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids or irregularities of any kind. Proposals in which prices are
obviously unbalanced may be rejected. The Owner reserves the right to waive minor
irregularities in any bid.
8. BID PRICE:
The price bid shall cover the cost of furnishing of all materials, tools, labor,
transportation, local, state and federal taxes, Old Age Benefits, Social Security,
services and equipment necessary to perform the work in full conformity with the
Contract Documents.
9. PRE-QUALIFICATION OF BIDDERS:
No proposal will be considered from any contractor unless he is licensed to do work in
the State of Florida and is properly qualified to submit a proposal for this construction
in accordance with all applicable laws of the State of Florida.
10. AWARD OF CONTRACT:
The award of the contract, if it be awarded, will be made by the Owner to the lowest
responsible bidder whose proposal meets the requirements thereof. The award, if
made, will be made within ninety (90) days after opening of the proposal but no award
will be made until the responsibility of the bidder to whom it is proposed to award the
contract has been investigated. Notice of award will be mailed by the Owner to the
successful bidder at the address stated in his proposal.
11. RETURN OF BID BOND:
All bid bonds except those of the two lowest qualified bidders will be returned promptly
after the tabulation of the bids has been made and in no case will a bid bond be held
longer than ninety (90) days without the bidder's written consent.
12. EXECUTION OF CONTRACT:
The successful bidder will be required to execute the contract and furnish bond within
ten (10) days of date of notice to award. In the case of a corporation, the officer or
agent to execute the contract must be designated in a power of attorney executed by
the Board of Directors and duly certified by the Secretary and bearing the seal of the
corporation. When the successful bidder is a partnership, the power of attorney
designating one member of the firm to execute the contract shall be filed with the
1-6
Owner. Such power of attorney must bear the signature of the other members of the
firm and must be executed before a notary.
Any officer or agent signing on behalf of the surety company bonding the contractor will
be required to file a power of attorney with the bond executed and will be required to
affix the seal of the surety to said bond.
13. FAILURE TO EXECUTE CONTRACT:
Should the successful bidder fail or refuse to execute the contract and furnish
satisfactory bond within ten (10) days after notice of award has been issued by the
Owner, the bond filed with the proposal shall become the property of the Owner. At his
option, the Owner may then annul the award and award the contract to the next lowest
responsible bidder or reject all proposals and re-advertise.
14. CONTRACT TIME:
The contractor shall begin work after receipt of the Notice to Proceed in accordance
with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos.
2 and 3, and shall fully complete performance within thirty (30) calendar days.
15. CONTRACT CLOSE-OUT:
Subsequent to the final acceptance of this project by the Owner, the requirements of
Special Provision No.1., Section 25 "Project Documentation" Subsection H.
"Prerequisites to Substantial Completion" must be satisfied.
16. BID PROPOSAL SUBMISSION:
The Bid Proposal submitted for the work included in this project shall include the
following fully executed documents:
A. Bid Proposal Contract (Division I, Section C)
B. Schedule of Bid Items (Division I, Section C)
C. Bid Bond (Division I, Section D)
D. Drug-free Work Place (Division I, Section E)
E. Prime Bidder's Qualifications (Division I, Section F)
F. Disclosure of Lobby Activities (Division I, Section G)
1-7
G. Acknowledgment of Receipt of Addendum (Division I, Section H)
H. Disadvantaged Business Enterprise (Division I, Section I)
I. Bidder's Affidavit in Compliance With the Florida Trench Safety Act (Division I,
Section J)
J. Sworn Statement Under Section 287.133(3}(a) FLORIDA STATUTES, on Public
Entity Crimes (Division I, Section K)
K. Sworn Statement Under Ordinance NO.1 0-1990, Monroe County (Ethics Clause)
(Division I, Section L)
L. Certification of Segregated Facilities (Division I, Section M)
M. Federal Wage Decision (Division I, Section N)
N. Certification regarding Department, Suspension, Ineligibility, and Voluntary
Exclusion-49 CFR Part 29 (Division I, Section 0)
O. Copy of Contractor's license for State of Florida
P. Bidder's Statement on Insurance (Division III, Section 140)
17. MARKING AND MAILING BIDS:
Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed
and marked on the outside as follows:
Office of the Director of Purchasing
5100 College Road, Public Service Building
Cross Wing, Room 002, Stock Island
Key West, Florida 33040
Remark Runway 9-27 and
Miscellaneous Markings
Key West International Airport
Bid Submission
Bids received prior to the time of opening will be securely kept, unopened. The Owner
will decide when the specified time has arrived and no bid received thereafter will be
considered. No responsibility will be attached to the Owner for the premature opening
of a bid not properly addressed and identified. Unless specifically authorized,
telegraphic bids will not be considered but modifications by telegraph of bids already
submitted will be considered if received prior to the hour set for opening.
1-8
18. WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic request received from bidders prior to
the time fixed for opening. Negligence on the part of the bidder in preparing the bid
confers no right for the withdrawal of the bid after it has been opened.
19. BIDDERS PRESENT:
At the time fixed for the opening of the bids, their contents will be made public for the
information of bidders and other properly interested parties who may be present either
in person or by representation.
20. BIDDERS INTERESTED IN MORE THAN ONE BID:
If more than one bid for each contract is offered by anyone party, by or in the name of
his or their clerk, partner or other person, all such bids may be rejected. A party who
has quoted prices on materials to bidders is not thereby disqualified from quoting prices
to other bidders or from submitting a bid directly for the materials of work.
21. ERRORS IN BID:
Bidders or their authorized agents are expected to examine the maps, drawings,
specifications and all other instructions pertaining to the work, which will be open to their
inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief
on the plea of error in the bid. In case of error in the extension of prices, the unit price
will govern.
22. CONTRACT AND BOND:
The bidder to whom award is made must, when required, enter into written contract on
the standard form as set out herein with satisfactory security in the amount required,
within the period specified or, if no period is specified, within ten (10) days after the
prescribed forms are presented to him for signature.
23. COLLUSION:
If there is any reason for believing that collusion exists among the bidders, any or all
proposals may be rejected and those participating in such collusion may be barred from
submitting bids on the same or other work.
24. SUBLETTING OR ASSIGNING OF CONTRACT:
(a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or
otherwise dispose of any portion of the contract, his right, title or interest therein,
1-9
or his power to execute such contract, to any person, firm or corporation without
written consent of the Owner and such written consent shall not be construed to
relieve the Contractor of any responsibility for the fulfillment of the contract.
Unless otherwise stipulated in the proposal or special provisions and with the
assistance of workmen under his immediate superintendence and reported on his
payroll, all contract work of a value not less than fifty percent (50%) of the total
contract amount, except that any items designated in the contract as "Specialty
Items" may be performed by subcontract may be deducted from the total
contract amount before computing the amount of work required to be performed
by the Contractor with his own organization.
(b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity
of an employee or agent of the contractor and the Contractor will be responsible
to the Owner for all of the subcontractor's work, including failures or omissions
and his removal may be required by the Engineer, as in the case of any
employee.
25. PERMITS:
The County permit fees for the project are $ 0.00 Which shall be an expense of the
Contractor. The county cautions bidders that the contractor shall also be responsible
for the permit fees of any state or federal agency having permitting jurisdiction over the
project, including but not limited to, the ACE, DNR, and DER.
26. PRE-SUBMITTALS:
Pre-submittal of data on various equipment, if required in the proposal, shall be made
by the bidder and approval obtained from the Engineer. This approved list shall be the
actual equipment used in the construction of this project if the contract is awarded on
the bid.
27. SHOP DRAWINGS:
Shop drawings will be reviewed by the Engineerforgeneral conformance in accordance
with the contract documents. The Contractor shall check all shop drawings in detail and
stamp with his approval prior to submittal to the Engineer.
The Engineer's review of shop drawings shall not relieve the Contractor from his
responsibility for any deviations from the requirements of the contract documents.
28. FLORIDA TRENCH SAFETY ACT:
In accordance with the provisions of the Florida Trench Safety Act, if applicable, the
bidder shall indicate in his bid his cost of compliance with the requirements of the Florida
Trench Safety Act and shall also complete and properly execute the bidder's Affidavit
1-10
in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-
64, Florida Statutes).
29. SCHEDULE OF WORK:
Contractor shall coordinate work items that may overlap with other work being
performed by other contractors. Each bidder shall take this into account and no
provision for re-mobilization or re-negotiation for time delay can be made.
Depending on the bids received, certain quantities may be increased or decreased and
no provision shall be made for re-negotiation (see Division I, General Provisions, Section
40, for further information).
30. PROJECT FUNDING:
Work included in this project is being funded by Federal funds under the FAA Airport
Improvement Program (AlP).
31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS:
There are 00.00% DBE subcontractor goals for the FAA funding projects on this
contract. Should any DBE subcontractors be used on this contract, the subcontractor's
name, address, type of work performed and subcontract amount shall be reported as
part of the project close-out documentation submitted with the information requested in
Special Provision No.1, Section 25, "Project Documentation".
32. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION:
DBE POLICY: It is the policy of the Florida Department of Transportation that
disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have
the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Department funds contract. The DSE requirements of 49 CFR Part
1-11
26, as amended, apply to this contract.
DBE OBLIGATION: Monroe County and its contractors agree to ensure that
Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have
the maximum opportunity to participate in the performance of contracts. In this regard,
all contractors shall take all necessary and reasonable steps in accordance with 49 CFR
Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and
their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
The Disadvantaged Business Enterprise Program statements and certification shall be
fully completed and submitted as required by Section 150 of the specifications. This
form is provided in Division I, Bid Documents, Section I.
34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this
project, the contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, age, creed, color, sex, or
national origin. Such action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination, rates of payor other forms of compensation; and selection for
training, including apprenticeship. The contractor shall insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials.
35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of
Nonsegregated Facilities as required by Section 120, shall be completed and submitted
with the bid proposal. This form is provided in Division I, Bid Documents, Section M.
1-12
SECTION C
PROPOSAL
Contract
BIOTa:
Monroe County Board of Commissioners
c/o Purchasing Department
Public Service Building, Room 002
5100 College Road, Stock Island
KEY WEST, FLORIDA 33040
BID FROM:
~~ ~>1"eY- MO-~~i~r IY\c
: _~. d~a~Ti~~~<1) ~~t-SC
Submitted (Date): 7",.:< 5 -0 I
The undersigned, as Bidder, hereby declares that he has examined the site of the work and
,. \ informed himself fully in regard to all conditions pertaining to the place where the work is to be
done; that he has examined the plans and specifications for the work and contractual
documents relative thereto, and has read all bid documents, Contract Documents, General
Provisions, Special Provisi~ns and Specifications furnished; and that he has satisfied h.imself
relative to the work to be performed.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe
County Board of Commissioners, in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation and labor
necessary to and to complete. the construction of:
Remark Runway 9-27 and Miscellaneous Markings. .
Key West International Airport
Monroe County, Florida
in full and complete accordance with the shown, noted, described and reasonably intended
requirements of the plans, specifications and contract documents to the full and entire
satisfaction of the Monroe County Board of Commissioners, with a definite unde rstanding that
no money will be allowed for extra work except as set forth in the attached Contract
Documents for the unit prices listed opposite each item.
1-13
It is agreed that the description under each item, being briefly stated, implies, although it does
not mention, all incidentals and that the prices stated are intended to cover all such work,
materials and incidentals as constitute Bidder's obligations as described in the specifications
and any details not specifically mentioned, but evidently included in the contract shall be
compensated for in the item which most logically includes it.
The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated
quantities only for the purpose of comparing bids. Any difference between these estimated
quantities and actual quantities required for construction will not be allowed as a basis for
claims by the Contractor for extra compensation. Compensation will be based on the unit
prices and actual construction quantities and may be modified as stipulated by Sections 20-05
and 90-03 of the General Provisions.
The bidder further proposes and agrees hereby to commence the work with an adequate force,
plant and equipment at the time stated in the notice to the Contractor from the Owner to
proceed and fully complete performance within the time period stated in the Instructions to
Bidders from a,nd after the date stated in the Notice-to-Proceed.
The undersigned further agrees that in case of failure on his part to execute the said contract
and the bond within ten (10) consecutive calendar days after written notice being given of the
award of the contract, the check or bid bond in the amount as specified herein accompanying
this bid and the monies payable thereon, shall be paid into the funds of the Monroe County
Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid
bond accompanying this proposal shall be returned to the undersigned.
Attached hereto is a certified check on the
Bank of . . @a bid bond for the suTl)
of ""', :\-h.,",o, d n I "'- \.-" "Iv,,; Sl' "en ~ "'; . <. M-d u;' aodoll ars ($ ') .'/. 0 \ en "I. 2-,../J
. )
made payable to the Monroe County oard of Commissioners. .
'7
I acknowledge receipt of Addenda No.(s) \ I 2 _' I have included Pages 1-13 through
1-37 of the Bid Proposal which entails the Proposal Form u?- V' I Schedule of Bid Items
(Attachment "A") ~ ,< Prime Contractor's Qualifications ., ,/' o/~ the Drug-Free
Workplqce Form v (~ the Bid Bond ,/" , ~ Acknowledgment of Addenda -
v '(Bidder's Affidavit of Compliance with Florida Trench Safety Act ../.v: Swo rn
Statement Under Ordinance No.1 0-1990 ..,/'1.1. The Disclosure of Lobby Activities
__ /./ I the Sworn Statement Pursuant to Section 287.133(3)a v ;-/, the
Disadvantaged Business Enterprise Program -- {I, and the certification Regarding
Department, Suspension, Ineligibility and Voluntary Exclusion .......- / . Also include a
copy of valid Contra~tor's licenses and evidence of Competency and evidence of Financial
Responsibility ./ I ,
(Checkmark items above as a reminder that they are included.)
- J).\..o l '\.J ~,J I 'C ,...fT ~
~ JJO l;..l ~^' 5>~ ~ e <;: .. A~~ ~,
-[- ~ ~
\,..J ~ rl. K IIJ +-\ $\J~(f\\.Jf:
Mailing Addres~: ;) J 4 0 S U Tl /11:; dale.. 8 ( {/ d
..\ u ,'k c!_
(!/tZA-rW tL:IGr C:L 337 t,r
I
Phone Number: /27 - 44-7 - ~G, 7 i"
Date: 7 / J. 't J 0 I
Signed:
. ?;1lJ:t;- (.L ~~J",~.
L/(a A. Nr-t-h~ UJe
(Name)
'P,e.~;,d-en.. f-
~cl!i (Title)
I (Seal)
Witness:
1-15
ATTACHMENT "A"
ITEM SPEC. NO. ITEM DESCRIPTION & I.lli!J ESTIMATE UNIT PRICE EXTENDED
NO. UNIT 0
PRI~ IN WORDS QUANTITY IN NUMBERS TOTAL
MOblllzat~n k
f:\l\eet+ c'::Ci./Xi (\. Vle- · \ <'18 =3 ~ , at
1 P-101-3.1 at uf\,;"'~( h1."~-siXDollars LS 1.00 iQ,<13G::,OO
and I'\..c I Cents
Maintenance of Air Operations
Area Traffic M {!;
2 P-102-14.1 o.1e dtc.l.'~' ~;l- LS I 1.00 I J .5.5'0.00 1,55().OO
at \- ,)'.'\ ~d . ~'1 D liars
and 1'\ <:) I Cents
Final Marking (yellow or white
with reflective bea~s at 100%,
3 P-620-S.1 application rate) I J 227.f'c
at '- Dollars SF 22,420.00 .51 1.3
)
h~ Sents
and ~j -f"Lt r1 e..
Removal of existing marking
4 P-62D-S.2 at 6Y1 e. I tOllars SF / 2,030.00 J. qf I 41 1)/9. '10
and J'tl J1 ~..ty -cjA ents
12~ H!gh L.et}!ir Mar~Jn~s; ~
42-!.5l1:r oJ YI ere ~..5-~ .(lV
5 P-620-S.3 at .' { ~'j - .~ w.::. j Dollars LS / 1.00 J?'S~. oil I
and I') 0 (cents
TOTAL BID ITEMS 1 THROUGH 5 $ 3Q, 555.JJj
/
/
/
/
/
I~"""
Roo.. 4 R u. 1'\ (\ ey 1\/\.0...,. l-i r\"j S I ::Lf1C.. bid c. c V\ h "J e n+ lJ f 6 n
schedui;l\3 LAlo,l<=- -\-u \O<~IY) on "or- at't-er NDV.S) 2001.
n€ Oif\t'j ea.r" ll~r feY'1 cd c-u.rr-cYl.t-/J o..ua.~/a..ble. fa
'Sc...ln.e c1u le (f) s:+a.l ( Ct. haY\. ,'s AUjU,S -i- (:,-.:2 Lf) ~ 00 , J
d l) e +0 ~ '\ \ C r L 6 IY\ yY1 ; t- Y1'I e 1'\ +-S ,
clisCt..- /~~()a~
1-16
Addendum No.1
Page 4
J'\.LIHU I"\.UI 'H'iL~ I'lHr\J'..lI"l\..)~
r'Al>t:. UL
Bond Number: AE2661918
---. .......", '-'
BID t:$ONO
Contrltct
KNOW ALL MEN BY THESE PRESENTS, that we _ Road. Rumer Marldn~sJ Inc.
as Principal, hereinafter called the Principal, and Gulf Insurance Canpany
a corporation duly organized under the laws of the State of Florida) as Surety, hereinafter
called the Surety, are held and firmly bound unto the Monroe County Board of
Commissioners as Obligee, hereinafter called the Obligee, in the sum ofFi~f~W1t Of The Aioount
dollars ($ 5% of Bid )
for the payment of which sum well and truly to be made, the said Principal and the said
Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Remark Runway 9.27 and Miscellaneous Markings
Key West International Airport
Monroe County, Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a
contract with the Obligee In accordance with the terms of such bid and give such bond or bonds
as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such contract and for the prompt payment of labor and matarial
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
contract and give such bond Or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger
amount tor which the Obligee may in good faith contract with another party to perform the work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force
and effect.
PROVIOED further, that if the Principal shall submit the apparent lowest bid acceptable to the
Obligee but shall fail to meet OBE goals as set forth In the bid specifications, then Principal
shall, upon request of the Oblige~, submit to Obligee such additional evidence of Principal's
gOOd. fait~ efforts .to me.et such goals in the manner and within the time required in such
specifications. Failure to supply such information as required shall result in a forfeiture ofthis
bi~ b?nd, in the sam~ manner and to the same degree as though Obligee had accepted
Principal s bid and ~nnCiP?' had !hereafter failed or n~fused to enter into the contract with
Obligee as set forth In the Immediately preceding paragraph.
1-17
. 25th
Signed and sealed this
(S~q 1\\\ }'I iC\2 H I\l~~
. (Witness)
~7~
~ '-,
day of
Counter~igned by:
t
--.- . '-" .. '......." ,.,-,. .,j ,...L,,! l.......,-.,J
July
. 20.QL.
(Seal)
(Seal)
r-i-\l.:lc. UJ
All bonds must be signed by a Florida resident agent with a legal street address; Post
Office boxes are not acceptable. Bid will not be considered unless the bid bond Is signed
by both Principal and Surety.
Road Runner Markings, IDe.
(Principal)
Gulf Insurance Canpa:ny
(Surety)
~
By: ~ sIIi () .
ck, (Title) A:t:tomey-ln-~aet
r-18
l-
I'
I
,
.1
GULF INSURANCE COiVt'PANY
HAZE_WOOD, MISSOURI
POWER OF ATTORNEY
"Ril.l"\l.\ ill' rilL" ;'OWER OF \TTOl<~EY \HE i':{l:\TEI) fJ' lILtE
':'. i'\!",:{ '.\ITH Tl':.\i. 1.~:.... 1)1 i'I.lC\n:S";II.\LI. H\\E THE
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,.,'. -- !~.~. i ~~.~:: ~::.'~ ;~~~~!'~: 1 ;;:;r, ~~~:I i:; ~~~;lilltllri~I~..~~~\l:~~\.';;:~~.~li~~.\~t;.t' i~:~:.:~.lt\!lli' ,I ~ ",~.~-~~~c!;/:~ :i~~!~,~;f:;~
.i;\' '<':1:,'1" \'!.:.: :~:',.:'.id':'l1.. .Ii\d ..J:\......;(:~d ,d. ~h..: C<l!11p:.il1: rn:~y:'\t- ~ilr:'~t.:d lt1 .Iny '\lh.:h
;~': ;':'~::;'j~.' '. ~Ii' \ :~ :.;~.~.'~~ ;'~~~.i ..rtl;h~tl>~.I:~.~.:;~.;: \ ~ ~;l;~.l~; :l~~'\;j\\!t:'~7 ,\1 ~~~~~tlt'l:'}~; ll:::II~,~~~ ~~. il:~i.!~!i.~~,i:i ~ll..~tla~tl~~
'. ;~ii\i .1IH.l :'i;j;.::n'~ ,q'l\jj ~!1.; : '~lmp:'ul:- i~1 :11,,' fi.liilf:.: '..\iiil r,.:',:~",:~: ~.() :!iP: t'I\!ld .1n<.l
':lh:~I!:l..::~I:-- i\';.,t:;::; i~' <,.....11 >1111:1.... [0 ',\ohidl ihl,,;'~ ~~r..: :tU:h.:!h.:d,"
{j,!L :,l'.l!r:~I1":~' :m;~:Ii\l: ,h,....'" !:~'~.,:h~ i11akl.... ':,H1'l!ltiJ;..' :.1IH.1 ~wr~lli!1~
---- Mark Clements, David B. Shick ------
BOND ,.... - r 1 9 . 8
NUMBER AE~ b 0 ~. l'
NAME. ADDRE3:S
Ci,'( ST.~.TE, Z!P
P R II'IC I P.AL:
i
I
I
~
~ 7/2Slm
Road Runner Markings, Ine.
2140 Surmyda1e Boulevard, Suite C
Cleanm.ter, :a
E,=r::=C;TlVE D.~T~
i
I
i
I
~
)
\ $ N/A
/
l$ 57. of Bid
CONTRACT ,;;iVIOUI'lT,
BCi'JO ,~i\tIOU1'JT
j
~ ,
,
:1::,. ..,'ti\,,' .:IHi ~~i.,..;.ti; ::1t.1i'jll,,;':.-I::i-rl1-:.:'h':t. ";',.iri1 iuH 0~1'\cr ,lild ~Hithtint:" ih,;r~h~ (,{lI1f~rr('d in its l1~lIli..'. piat.:~ anJ .ae;1J. tu ,j~n. ...'.'{;;(.'Ul.:. .,~..:k:h.l'.\.k'd~..: ~Ind Jt.::iv..:r ill ;b
:">:11;,;:-". :t~ ..t~r..."._ ,;i1\ ~;l1d ;l.ii ~(I!HJ, :,i:;',: :~:;"":i,:r:;ikil~~"I \l( .;;jn.:t\-~:lip. ..ind ~\' hind Gull In~urant:e CIIIllOHIl\' rhcri!b\ a!'l fuB..: ~ii1J to rh..: ,;.U1h~ ....\;('!1t a:-- ;fau\ honlls. ul1J~r4
.:t:'I.in:.:.... ,,;ih: \.il<.:n,h.::\t;-. !.....'I:HiH':! ld .'\,h.:h j'oillb ~!IlJ/~l1' unJr':rLakill~s ',\-"..:1'1: ...i;lI1t:t.l e'l\ th~ dulv LiU(i1on;:~u ~nrfil..:~r I~f the Gldf !i1:o.ural1\.:c,' C\'llliJ:H1\ and ilil (-he ~lL"lS llf ,aid
li:tlri'~''::'~.;-In.(::~~. :';:r....t!:.d'~ :~~ (he: :llHhnrT{~. ;h:r:.::n :;i','~n. :.in: h",:-r~hy raritied and- c()ntirm~d_ . -
;'11..: .lnii&:ui, ::: . ,( [;:\.' t.:...,m!';lI1~ ,haillll!i ....Xl:;:.....\.,! I.'n~ millinl1 i !.i lllO,' ;(}O\ .jnll:.J.rs_
1:'\ ':"J':-:\E.";S \VHE;U:OF. .he (;"if insur'.Jm:c C"niflan~' hw; c:liLsed these presents tn be -;igned hy any o/licer of the Compall~' ulld ils Cnrpur.lle Seal to
Ie hefl'!!) jffixed.
Gl'LF INSl'R\.'\CE CO:\IP.\:-iY
V
i
~
r>. .
f-J " 'r " -+-
, ' , ~\1....--
STATE OF ~E\\' YORK
OF\iTY OF 'IE\\' YORK
ss
Lawrence P. :\Iiniter
Executive Vice President
On rhe Lllh d;IY' III' .\pril. lUUfI ,\,0.. hefore me came Lawrencc P. ~liniter. !inu",n to me persona II}' whu hein~ by me duly swnrn. did depuse and sa)':
dlat hc :-csides in the Cilunty of Her~en. State III' :-il'w .jersey': that he is the Executive Vice President nf the Gulf Insurance Cnmpany', the cnrpur..ttioll
':scrih~d in alld ',hicll ",\I;C1Jli'f11 hc :lh'lvc in.stnmlCm: th.lt hi' Knuws the' wal uf said curouration: that the -;eal "rfixed tel rhe said instruments is su<:h "or.
';.iH~' -:~".11: :h;H ~t '.\ =l"t ';i) IftiXl'd :)y Iwdc:r of thl. i~~~,);.d uf I>ir..~l':nl-'i nf ..:aid o.:nrpor:.uion <l'nd that he si!!ncd hjs naI11~_ thcrc~o h~' liiH' nrd~r.
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111111111111 11111111111111111111111
5'EA,1
AE2661918
"'1329405'"
..,. ... "
:: ..~ i" \,' ,
'-~'-
~.-.-
:;ijj .
D:ih'd !h'
25th
, :uOl
!;J ~ I r
July
/1
~'I,
~./' . ,.-"-'*""'.--:;,.,,..
,.,. '~I"" I
-/ \
'~k' #
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!. ~.."H"!t: !)i:JiIl":H'~! i
'l'Oild' \;.....' ;l"t',...idL,t11
SECTION E
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that:
(Ko ad ('Ku Y\ (,\e...r N\ o..r k, 1\.35:) XV) G .
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. -.Inform such employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation
. and employee assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual seNices that
are under bid a copy of the statement specified in Sub-section (1).
4. In the statement specified in Sub-Section (1), notify the employees that as a condition of
working on the commodities or contractual seNices that are under bid, the employee will
abide by-the terms of the statement and will notify the employer of any conviction of or
plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community or any employee
who is so convicted.
6. Make a good faith effbrt to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(J)"M-- U- ~h-t'--htJ~A/U
Bidder's Signature
Date: /}/z.. 4 /0 I
1-19
7.
\ 8.
\ 9.
\ 10.
11.
12.
13.
SECTION F
PRIME BIDDER'S QUALIFICATIONS
Each contractor shall furnish with his bid the following completed and signed statements on
"evidence of competency" and "evidence of financial responsibility", which is in accordance
with General Provision 20-02.
1. Name of Bidder: K' 0 c..d Q u "r'\ ex- ""\ 0.. (' k i <1.3 l ) ~ c...
2. Business Address:;;l. I '-ji) <::; lJ""'jd4. ~ B \ vd"] S v ; -k. C, C. lea r..,,J.w ~ ~ (,5
3. '. Telephone Number: 7 L. ,- Lf 4-7 - ?J~ 71'
4. . When .9rganized: J ~n. U 0. J I I q tf ~
5. Where Incorporated: r:-/o Y' " d GL..
6. How many years have you been engaged in the contracting business under the present
firm name? J L/
What is the type of cc;:mstruction work in which you are principally engaged?
f\:-; r po d: P <l. IJe.tv\ e.J\.:\.... M a. r ~..~_3.... R"-<VlO 11 c.....L
On separate sheet list major contracts in past 10 years. v
On separate sheet list equipment and plant available for this project. v"
Enclose a copy of latest.Financial Statement. /'
Credit Available for this Contract: $.;( 5, 000. () 0
Contracts now in hand, Gross Amount: $ '10, 3;:) '1.t)O
395,007.00 - A-wa rdedJ {!oY)-fy~Gfs f:endly
Have you ever refused to sign a contract at your original bid? ;VD
1-20
14. Have you ever been declared in default on a contract? NO
.
15. Remarks:
(The above statements must be subscribed and sworn to before a Notary Public.)
Date:
7 /2 Y / () I
K c "- d i2 v. V) ,1 er t1'\ o.J }.; " J, :L-n '-
~'YA. Q {1J,&t~
o ..
\.r' y- Q 5: I rl e-/I... l-
Firm Name:
'.
By:
Title:
Notary Public:
S'J\.U\iU~l !dt 2.&d
~ SHERRIE HEllRUNG
__ COMMtSSION' CC&S9168
~ EXPIRES DEC 22. 2003
IONOEO llillOUGH
1 RU INSUItANCE COMrANY
1-21
ROAD RUNNER MARKINGS, INC.
2140 Slfl\.~y1)ALE BLVD, SUITE C
CLEARWATER, FLORIDA 33765-1209
July 23. 2001
Purchasing Office
5100 College Road
Public Service Building
Cross Wing Room #002
Stock Island, Key \Vest, Florida 33040
Re: Bid Qualifications for Remarking Runways K\\1JA
Dear Sir or Madam:
Here is the list of Airports/Airfields we have completed projects on:
Clearwater-St. Petersburg International Airport, Pinellas County, Florida 1987-88
Tampa International Airport, Tampa, Florida 1989-90
Albert \\'hitted Airport, St Petersburg, Florida 1990
Jacksonville Intemational Airport, Jacksonville, Florida 1990, 91,92
Penc;;acola Naval Air Station, Pensacola, Florida 1991-92
Orlando International Airport, Orlando, Florida 1992
Ben Epps .Airport, Athens, Georgia 1993
Sarasota-Bradenton Airpo11, Sarasota, Florida 1993-94
Southwest Florida Regional Airport, Ft. 1vlyers, Florida 1994
Dothan Airport, Dothan, Alabama 1996-97
Greenville-Spartenburg i\irpOrt, Greenville, South Carolina 1995
Chattanooga Regional Airport, Chattanooga, Tennessee 1994
Tampa International Airport, Tampa, Florida 1995-96
Anda1usia-Opp lVfunicipal Airport, Covington County, .Alabama 1997
Gainesville Regional Airport, Gainesville, Florida 1992, 98
Savannah Intemational Airport, Savannah, Georgia 1998
MacDill Air Force Base, Tampa, Florida 1998 (Danner Conc;;truction) -
Apalachicola l\tIunicipal Airport, Apalachico1a, Florida 1998
Gulf Shores Airport, Gulf Shores, Florida 1998-99
Plant City Airport, Plant City Florida 1999-2000 (AP AC, Florida)
Danville Airport, iVIartinsville, Virginia 1999 (AP AC, Virginia)
Melidian Regional Airport, lVlelidian, Mississippi 1999-2000 (AP AC, 1vIississippi)
Ft. Lauderdale Hollywood International Airport, Ft. Lauderdale, Florida 2001 (Inspector John Nefffrom
\Villiams, Hatfield, & Stoner, 954-566-8341)
Columbia :\Ietropolitan Airp011. South Carolina Ramp Markings 2000. 2001 (Jolm Soltis. Station lVlanager
CS.A.i.rways, 803-822-5093)
If you need more contact phone numbers, let me know.
Sincerelv.
ri<-~d- rJ- d-trILCLv-~_
Lisa A. Porthouse. President
Road Runner J\Iarkings, Inc.
(727i..j.:j:-Jti780FFICE.'SHOP ('2')82:'-297ti D1SPA TCH-H HrsiOay FAX (727)447-3ti78 (Ca.lI Ahead tor Activation)
ROAD RUNNER MARlUNCS. INC. ALWAYS AN EQUAL OPPORTUNITY AlTlRMATIVE ACTION EMPLOYER
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts. Grants. Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal Grant, the making of any Federal loan. the entering
.into of any cooperative agreements and the extension, continuation, renewal, amendment
or modification of any Federal contract, Grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriate funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with this Federal contract, Grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
of Lobby Activities"; in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for'all sub-awards at all tiers (including subcontracts, sub-grants and
contracts under Grants, loans and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into tl'1is transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Signed:
(;</y~ o-..rn;C'~
Contractor's Authorized Representative
Dated:
7/2-'1/0 I
.
1-22
SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
Acknowledgment of Addenda
! Addendum I I I
No. Signature Date
/7{;'X:v 0- -?oUh..-u ~ A L Jl.I J'f Ig, 200 J
I
:J.. f"-~~ (LYl~/1"/ Ju /11 20 I Zoo /
1-23
SECTION I
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
Contract
(As Required by Division III,
Section 1500f the General Provisions)
DBE Subcontractors
Names/Addresses/identity.
Subcontract Work Item
Dollar Value of
Subcontract Work
-N If!
Total Dollar Value of Subcontract Work
Total Dollar Value of Basic Bid
Total DBE Percent (Round to nearest 1/10 percent)
o
f 3C11 .$1(5,20
loa
0/0
*(Black Hispanic, Asian American, American Indian, and other economically disadvantaged.)
; ~ [1- Q.e.,- \-, h~d
,;) .-, ~.\. R 0- Y\ f'\ ~ ~\ 0-. \' K. l "'-g ~ ..1- Vl c .
~O~L Q ,
D~~' ~t Jet i YL~ D. S h--, ,'/Ie.
1-24
SECTION J
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
FLORIDA TRENCH SAFETY ACT
(SECTION 553.60-553.64, FLORIDA STATUTES)
STATE OF FLORIDA )
)SS
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared
_~\ Sri Pr {Jrw' -d b U "e.
who, being duly sworn, deposes and says as follows:
That he is the duly authorized representative of
'Q 0(1 & K \J V\ nee- Tv\. Clr-\C\' ^8 s)...1-Y1c .
f) _ ., + (Name of Bidder)
being its U -r>__~ \ a c...1'\
(Owner) (Partner) (President or other Corporate Officer)
and as such, has full authority to execute this Bidder's Affidavit.
1.
T e fullleg~ name and business ;sddress of the person or entity submitting this bid:
{~U~^ I ~
2.-\ <<-1 0 S u rJ\, d..a. lL .PJ vd. SUlk- L
C J c:a y'" w CL.-.t-uY ~ L- ?:0 1 L, s:
I
2.
By submission of this bid and subsequent execution of this Contract, the undersigned
bidder certifies that as successful bidder (Contractor) all trench excavation done within
his control (by his own forces or by his subcontractors) shall be accomplished in strict
adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-
part P, including all subseque~t revisions .or updates to these Standards as adopted by
the Department of Labor and Employment Security.
3.
The bidder acknowledges that included in the various items listed in the Schedule of
Prices Bid and in the Total Amount Bid are costs for complying with the Florida Trench
Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the
costs to be summarized below:
1-25
Unit of
Trench Safety Measure Measure Unit Unit Extended
(Description) (LF, SY) Quantity Cost Cost
A Nlt\.-~ No - - - -8-.
B 'iQ (2N ct\- \ t--j G- 0 N
C -It-\- \ 5- .r~OJ e..L+-
D
TOTAL: $ -G-
Sign.ature of Authorized Representative:
,L.s6. ..(j.-f?n~.~
Vy- e..S ide-\'\. r
Title
I! 2- '( / 6/
Date
STATE OF: .F~0'('\(1 '-\
COUNTY OF: ~\ '(\12\\ 'PrS
The foregoing instrument was acknowledged before me this d \j day of < \i i l '-I
200\ ,by L\sA- A 90"1'+\-o0S-<"
(Sole, Corporation or Partnership)
who is personally known to me or who has produced r=L DL .J:l, P0'3,~ -S.;:l/-sC(-'l I..:,C(- (
as identification and who did/did not take an oath.
SR~\J\.L~ \clU1J\U.~
(Signature of Notary Public,
State of Florida at Large)
S\ie,(,'(\02 11\\1\)1\<:/
(Print name of Notary Public)
My Commission Expires
..- .lRUNG
COMMtSSIO~11l CCa69168
EXPlR'ES DEe 2.2. 2003
BONDEC 'HRCuGH
~ INSU~,\NC= CO#>.IIPANY
."-
1-26
1.
2.
3.
SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
'.
A-JP
Thi~~orn statement is submitted with Bid, Proposal or Contract No. 3-\ 2- 0031-:/" DI
for ~ \^A.a....-"- ~ u ~W~ q - 21 Qr'l d M i '\ c.e...1 \ Q V1 e.lJ llS yV)(".A..A kJ' 11.9 (.
kc.=1 WLSt:Cvttl\ ~~fort:J t"v\oV\roe COl..J"'l'j )
This sworn statement is submitted by
'J R. (name of entity submitting sworn statement)
Kou. diU y\ Y\e.K" ~ ~ r I<:...i flS' ~ :l-v1 c. .
whose business address is ~ / ~O S u ~ ^l( dtL I~ Blvd.) ~ u ~C
c..-\~r WCl +-ex, F= L'" 33>'1 ~S
and (if applicable) its Federal Emp[oyer Identification Number (FEIN) is Sq- 26S"b/09
([f the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: .).
My name is L\5u P ~r-+-hOLJ.s.e
(p[ease print name of individual signing)
relationship to the entity named above is -\+e$ \ d -e./~ -t-
and my
4. I understand that a "public entity crime", as defined in Paragraph 287.133(1 )(g), Florida
Statutes, means a violation of any state orfederal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material
mis-representation.
5. I understand that "convicted" or "conviction", as defined in Paragraph 287.133(1 )(6),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or
without an adjudication of guilt in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non-jury trial or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate", as defined in Paragraph 287.133(1)( a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
1-27
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting
a controlling interest in another person or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
7. I understand that a "person", as defined in Paragraph 287.133(1 He), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity
or which otherwise transacts or applies to transact business with a public entity. The
terrif"person" includes those officers, directors, executives, partners, shareholders,
employees, members and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Indicate which statement
applies.)
/' Neither the entity submitting this sworn statement nor any of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity or an affiliate of
the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before a Hearing
Officer of the State of Florida, Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the Final
Order.)
1-28
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings. The Final Order entered by
the hearing officer determined that it was in the public interest to remove
the person or affiliate from the convicted vendor list. (Please attach a
copy of the Final Order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services.)
Signature of Authorized Representative:
'. ~. ~ CA (i TIJ-2rlL-c.~
9r~ s'~'d~~ t-
Title
7!.;l'f /0 /
Date
STATE OF: Eoy 'c\ q'
COUNTY OF: Y', l\";: \\fr.s
J
The foregoing instrument was acknowledged before me this _ day of ;> 4 ~ lJ t "'I
20QL, by \..:\S f\ 1\ GJOr+}-ovs.< .
(Sole, Corporation or Partnership)
who is personally known to me or who has produced FL 'DL rlo~~-5~\' sq-'1~'t - \
as identification and who did/did not take an oath.
SbU:l... kt~.l~.uJY'
(Signature of Notary Public,
State of Florida at Large)
S\.<2Y y \ i( \-k \\,'0 f'.',\
(Print name of Notary Public)
$HERRlE HELLRUNG
COMMISSION ~ C:::869168
l\: DEe ?2 2003
... SOtlO€O r.-\>:-CliC/-I
iW INSlJIl,..NC= CQMf'ANY
My Commission Expires
1-29
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Radel RJ (\f\ey \V\t:tr k.1~~, Iy\c. warrants that he/it has not employed,
retained or otherwise had act on hislits behalf any former County officer or employee in
violation of Section 2 of Ordinance NO.1 0-1990 or any County officer or employee in violation
of Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price or otherwise recover the full amount of any fee,
commission, percentage, gift or consideration paid to the former County officer or employee.
~So- C: fJo-vr-liJ14~
(Signature)
Date: 1/ ;Lf.1/ 0 I
STATE OF: ~loYiJ.c,
COUNTY OF: ?~ '{\~ \\ AS
PERSONALLY APPEARED BEFORE ME the undersigned authority L- \ S A A ro r -\- kev':; ~
who, after first being sworn by me affixed his~signature (name of individual signing) in the
space provided above on this ,~'-\ day of .~ u \'-\ . , 20Q.L.
\
s.~\.( ,\.\.~ kLLo.l\.LV\.\
(Signature of Notary Public,
State of Florida at Large)
s ~ ~ y 'l' ~ <.. \ .1. \ \ .-...; (\. "
(Print name of Notary Public)
My Commission Expires
~.HS?:"/IE HELlRUNG
cO,'.'I.\.tiS:SIOi'; " '::C869168
EXPI:?ES oee: 22. 2003
aOl'lOEO THOOUCH
'. INWRANC~ COMf'I<NY
SECTION M
CERTIFICATION OF NONSEGREGATED FACILITIES
Contract
(As Required by Division III,
Section 120 Subsection 120-02
Equal Employment Opportunity Requirements
of the General Provisions)
The federally assisted construction contractor certifies that he does not maintain or provide,
for his employees, any segregated facilities at any of his establishments and that he does not
permit his .~mployees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally assisted construction contractor certifies
that he will not maintain or provide, for his employees, segregated facilities at any of his
establishments and that he will not permit his employees to perform their services at any
location, under his control, where segregated facilities are maintai/")ed. The federally assisted
construction contractor agrees that a breach of this certification is a violation of the equal
opportunity clause in this contract. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other
eating areas, time locks, ,locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directives or are in fact segregated
on the basis of race, color, religion, or national origin because of habit, local custom, or any
other reason. The federally assisted construction contractor agrees that (except where he has
obtained identical certifications from proposed subcontractors for specific time periods) he will
obtain identical certifications from proposed subcontractors prior to the award of
subcontractors exceeding $10,000 which are not exempt from the provisions of the equal
opportunity clause and that he will retain such certifications in his files.
-? . ,/'J /
di 15;;... ;[. f:']->~~.
Signature of Contractor
Q~s iC{e,A-f-
Title
1-31
SECTION N
FEDERAL WAGE DECISION
Use the latest publication or the attached publication dated 03/12/1999 if that is the latest list
issued for Monroe County.
1-32
...
General Decision Number FL990035
Superseded General Decision No. FL980035
State: Florida
Construction Type:
HIGHWAY
County (ies) :
CHARLOTTE
DE SOTO
GLADES
HARDEE
HENDRY
HIGHLANDS
MONROE
OKEECHOBEE
. .
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels; Building
structures in rest area projects; railroad construction; bascule,
suspension' and sprandrel arch bridges designed for commercial
navigation; bridges involving marine construction; other major
bridges)
Modification Number
o
Publication Date
03/12/1999 .
03/12/1999
------ .
-.-....
--------- --, --
COUNTY (ies) :
CHARLOTTE
'DE SOTO
GLADES
HARDEE
HENDRY
HIGHLANDS
SUFL300~ 08/01/1993
BRICKLAYERS/M?-\SON
CARPENTERS
CONCRETE FINISHERS
ELECTRICIANS
FENCE ERECTOR
FORM SETTER
IRONWORKERS:
Reinforcing
Structural
LABORERS :
Asphal t Raker.
Unskilled
PAINTERS
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
Asphalt Paving Machine
Asphalt Screed
Backhoe
Boom-Auger
Bulldozer
Crane, Derrick, Dragline
Earthmover
Forklift
Front End Loaders:
1 cu. yard and under
over 1 cu. yard
Gradall
Grademan
Guardrail Erector
Guardrail Post Driver
Mechanic
Milling Machine Grade Checker
Milling Machine
Motor Grader
Mulching Machine
Oiler, Greaseman
Pavement Striping Machine
MONROE
OKEECHOBEE
Rates
9.50
12.00
9.34
11.85
7.45
8.61
13.83
12.94
7.80
6.69
7.92
8.01
9.28
8.48
8.92
7.95
10.30
12.56
7.75
7.50
7.91
7.94
9.00
7.16
7.08
7.50
10.14
7.15
9.00
10.56
7.15
7.73
8.26
Fringes
03/12/1999
Pavement Stripping Machine
Nozzleman
Pile Driver
Piledrivermen
Powe~:SUb9rade Mixer
Rollers:
Finish
Rough
Self-Prop. Rubber Tire
Scraper/Pan
Small:Tool" Operator
Tractor ~:' Light
Trenching' Machine
Widening Spreader Machine
SIGN ERECTOR
TRAFFIC CONTROL SPECIALIST
TRAFFIC SIGNALIZATION INSTALLER
TRAFFIC SIGNALIZATION MECHANIC
TRUCK DRIVERS:
Lowboy .
Multi-Rear Axle
Single':'Rear Axle
7.00
10.50
10.00
7.94
8.41
8.01
8.16
8.11
7.00
7.52
8.12
8.00
7.63
7.50
9.79
13.16
8.11
8.06
7.80
----------------------------------------------------------------
WELDERS--Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
Unlisted classifications needed for work not included.within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (l) (v) ) .
WAGE DETERMINATION APPEALS' PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
0n survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
03/1.2/1999
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
u. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (~hose affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
u.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
u. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
03/12/1999
SECTION 0
CERTIFICATION REGARDING DEBARTMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29
(Version 1. 5/90)
The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debartment,
declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this cause
without modification in all (ower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify
to this statement, it shall attach an explanation to this solicitation/proposal.
~'.5CL.O' ~U~ 11),'-1101
fresi de,J-
R-oCL& ~LI/LVl er mo..,r k-iAj~)1-f1C.
1-37
CONTRACT
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
SECTION B - THIS SECTION IS NOT INCLUDED . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4
SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS .. . . . . . . . . . . . . . . 11-5
SECTION D - CONTRACT............................................. 11-6
11-1
ill
The ProSure Group, Inc.
This is the front page of the perfonnance/payment bond issued in compliance with Florida Statute
Chapter 255.05 (revision effective July 1, 1998)
Bond Number: AE9336459
Surety in which bond's written: Gulf Insurance Company
Local Address: P.O. Box 1771, Dallas, TX 75221
Local Phone Number: (770) 934-5630
Contractor Name: Road Runner Markings, Inc.
Address: 2140 Sunnydale Blvd., Suite C, Clearwater, FL
33765
Phone: (727) 447-3678
Owner Name: Monroe County Board of County
Commissioners
Address: 5100 College Road, Stock Island, Key West,
FL 33040
Phone:
Obligee Name: Same as Owner
Address:
Phone:
Contract Number: C500004059.23
Project Description: Remark Runway 9-27 and Miscellaneous
Markings Key West International Airport
Project Address: Key West, FL
Legal description of property: See Attached
This is the front page of the bond.
AD other pages are subsequent regardless of preprinted numbers.
(813) 243-1110 7217 Benjamin Road Info@prosure,com
(813) 243-1109 fax Tampa, Florida 33634 www.prosure.com
;D'N"I~ ~.ulUuJ 7~",'."t de S.e~tUUNe 'U.S. ..
Tampa. Raleigh-Durham. Atlanta
SECTION A
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We~ 'RuV\~ ~~~~. \<<. , as Principal, whose principal
business address is ~\4.0 SUM\~tUe. B\\fd')(~'lrH;'kC. (,1~1I~1f41,,,,as corporation,
as Surety, are bound to Monro ounty hereinafter called County, in the sum
of $ "6'1, ~<b 5".~ (Minimum 100% of total bid amount) for payment of which we bind
ourselves, our heirs, personal representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract dated ~ '1 , 20 1)/ between Principal and
County for con truction of Remark Runway 9-27 and Miscellaneous
Markings located at Key West International Airport , the Contract being made
a part of this Bond by reference, at the times and in the manner prescribed in the
Contract.
2. Promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, which is made
a part of this bond by reference, and in the times amd in the manner prescribed in the
Contract; and
3. Pays the County all losses, damages, expenses, costs and attorney's fees,
including appellate proceedings, that County sustains because of a failure by Principal
under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, then this Bond is void; otherwise it remains in full force.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or
under the Contract Documents and compliance or non-compliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation under this Bond.
Principal agrees to record this Bond in the Official Records for
before the commencement of the work subject of this bond.
Monroe County
Dated on
h~
"
,20 0/.
PRINCIPAL: ~ 't2.\..U\r\et" 1VoJ~~ 1 \~C.
Address: ~) Llo , )lJ II-flJ b.--k- 5/t.ld, Si-II k C-
Ht.c.. / uJ'tr.) A- 3 ~ 1 ,,5'
By: ~ .~~
~/'fl LtfJLL.. I:J.C! I:J.ttl"lrnoy-in-F~~t
11-2
SURETY: ~"tt)c;u.r~ (.0"", ~
.,." \ \)o.Ho.~ TX. '1 S ~~ \
.., ,
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
11-3
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
.._ ORICI'\\LS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY l'APER WITH TEAL INK. DU'UC\TES SHALL HAVE THE
SA\lE FORCE A"JD EFFECT AS A"J ORICI1\AL ONLY WHEN ISSUED IN
C01\.Jl!NCTlO!\ WITH THE ORl(;P,AL.
K~OW \1.1 MF'\ Ill' TIIFSE PRFSLYfS: Tlw the Gulf Insurance Company.
a c(lrpuraliull duly or~al1j/l'd LInder tlk' la\\'\ or the Sl~lt(' of Connecticut. having its
princil'al lllliu.-' in till' city ill" Irving. Tc.\ a.... , pur\uant to the follo\ving resolution,
ildol'tcd 11\ IhL' linanec '" F\l'eulil L' Conllllittcc or Ihl' Board or Direclors Dr thc said
('olllpal1\ on IhL' I Olh dav or i\UgUS!. I ')l)3. 10 wil:
"RI'SOLVID. Ihal the Pr,'siden!. L",culin' Viel' Presidcnt or any Senior Vice
Prl'stdl'lIl "I' Ih,' ("Hili""" shall hall' authorily 10 ma~c, execulc and deliver a Powcr
ur .:\Il(lnll'~ l'un...,tilL1till~ ~IS A(Il)rllL'y-ill-I<Ll'l. ....uch persuns. firnls. or L'orpnralions as
1I1a\' 11l' ....l'iL'ctl'd froJl! linll' to tilllc: ~lnd all\, ...lIch Alt()rnev~in-Fal't m;.lV he removed
;[1Ill Il1C ~lll(huril\ !!r,1I11l:d him rl'\{l~l'd l';v IlK' Pn__'"idelit, Of any' E_~eclltive Vice
Prl'"idl'Il!, I\!' ~111\ SL'lllnr Vil'L' PJl'"idcllL (")1' hv the Hoard of Di"rectors or bv the
hll:lllCl' illld I~.\l'~'ll!i\l' COlll!l1ittl'L' Dr tIll' R()~lrLi or Directors, "
RFSOI XI.D. Ih'll 11I)ll1tl1" illlh" Power 01' Allonll'\ shall bc constrlled as a l!rant
uj' authorll) In Illl' altllrJJt'YI ,,'J-ill-LtCt It) si!2fl. l:.'xcTlIte,''-lcknowledge. deliver o]:--oth-
l'1'\\ i"l' i"""lll' ;1 po]it'Y III' pulici\.'s or lllSUrann? un hehalr \)f Gulf Insurance Company.
RI.:S()[\TD. that thl' ""lIallllC or till' Presidelll, Fxccllli\e Vice Presidcnl or
"'.... all\' St'llillr Vil'l' Prl'sidt'!11. ,11"(\ tIll' Sl'al ur the COllllXlllY Illay,i be affixecl to any' such
Ptl-" cr of Atlorlll'\' or ,lll\ cl,rtifiL'ale rclatiJl~ thereto hv facsilnilc. and anv sllch
[1(1\\'l'1"S "I) L'\l'Cllll:d ;lI1d l:crtifiL'll hy fac....iJllil~~ ....igllatllrc :md racsirnile ....('al shall he
"Iii" 'III" bitldllll! "l'on Ihl' ('ol11l'al1\ ill thl' ruturc with respect \0 any bond and
d\ll"u1l1l'llh rL'Lllill!! l() "llch hunds to which thev arL' ~ltlached:.
C,ulf Ill'->UI-dlll.l' ('(~1llp;lllY dOL'S I1l'rc'hy Illakl', Cl~)[l:'-.titlllc and appoint
---- Mark Clements, David B. Shick ----
BON{)
NUMBER AE 9 336459
PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
Road RlJTm:!r Markings, Inc.
2140 Surmyda1e Blvd., Suite C
Clearwater, FL 33765
EFFECTIVE DATE
CONTRACT AMOUNT
$ 39,585.20
I BOND AMOUNT "
[$ 39,585.20
its true and Iawr,,1 atlnrtleyls!.in-rac!. with full pnIVer and aUlhority hercby conferred in its name, place and stead, 10 sign, execute. acknowledge and deliver in its
.._" Iwlt,t1I', '" SUIL'IV. anI' and all hnnds and "ndcrta~ings nf surelyship, and to bind Gull' Insurance Company thereby as flllly and to the same extent as if any bonds, IInder-
t'l~illg:S and dnculllcnls rclalinf' 10 s"ch hnnds and/or IInderta~ings wcre signcd by the duly authorized otlicer of the Gulf Insurance Company and all the acts of said
~llturnl'y,l"} ill~ra(t. pLlr~ll~llll to llll' authority herein given, arc herehy ratified and contirmed.
The ohllgali"n nf Ihl' ('otlll'any sh/llll1nl excccd "nl' million 11.000.0(0) dollars.
11\ WITNESS \VHEREO~: the (;ulf Insurant'l' Company' has caused these presents to he signed by any ot1ieer of the Company and its Corporate Seal to
he hen'to al'fi\l'd,
On the I.st day of Octoher. 20tH A.D.. before me came Lawrence P. \'Jiniter, known to me personally who heing by me duly sworn, did depose and say:
.."thal hc rcsidl" in thl' County of Ikq~en, State of New Jersey; that hc is the Executive Vice President of the Gulf Insurance Company', the corporation
deslTilll'd in and which cxeeuled the ahove instrument: that he knows the seal of said corporation: that the seal affixed to the said instruments is such cor-
pontte st'al: that it was so affixed hy order of the Boa,"d of Direct::::~/:aid corporation and that he Sign~rfnam~, ther; I; li:e_or:~er.
~~ OTA~S\ '---/f}f;..L P7~-I; illu
'<~ ..La ?J
S, ~ ANGIE MAHABIR-HEGAZO
>;A ,<)(;81.-\0 g Notary Public. State of New York
0' -I:: No.OlMA60199S8
Of: N~ Qualified in Kings County
Commission Expires Fehruary 16,2003
. '-STATE OF '\EW YORK
SS
COlr\TY OF \iEW YORK
STATE OF "JEW YORK
SS
COlNTY OF '\EW YORK
GULF INSURANCE COMPANY
~p~
Lawrence p, Miniter
Executive Vice President
I, the nndersigncd, Sl'n;or Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and
,- altadH'd POWER OF ATTORNEY remains in full force.
S;lllfIHrJllliillflllrl(lllllliflil
AE9336459
*1351053*
so H,- \ E I 1O/21HII )
Dated the
.20
day of
/~( &-.-~~
George Hiancardi
Senior Vice President
SECTION 8
THIS SECTION IS NOT INCLUDED
11-4
SECTION C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West, Florida
REF: Remark Runway 9-27 and Miscellaneous Markings
Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which change
orders are allowed under the Bid Law:
1. Unusual and difficult circumstances which arose during the course of the execution of
the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the serious
detriment of the awarding authority.
3. Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid and originals contract.
-f(06-J ~ ~~&-frt<-.
Contractor
BY:
'h~ G.- ~
Pr<:s', de rt..t'
Title:
11-5
SECTION D
CONTRACT TO
Remark Runway 9-27 and Miscellaneous Markings
Key West International Airport
THISAGREEMENT mad~ and entered into the /9.dt day of ~~ Z<>.:1, by
and between 1< tJ Ad KU(l n ~J- fV1d r t)~5) X",c.. . Contractor, and
the Monroe County Board of Commissioners, ey West, Flonda, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1 . That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated Instruction to Bidders, Form
of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of
Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made
a part hereof, as if fully contained herein, for the construction of:
Remark Runway 9-27 and Miscellaneous Markings
Key West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this agreement on
a date to be specified in a written order of the Owner and shall fully complete all work
hereunderwithin~calendardaysfrom the Notice-to-Proceed (Construction) as per
Special Provision NO.2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the
agreement, subject to additions and deductions as provided in the specifications or
proposal in lawful money of the United States as follows:
Approximately
($_~q.-5gS, zo
.
proposal.
) in accordance with lump sum
4. On or before the 15th day of each calendar month, the Owner shall make partial
payment to the on the Contractor basis of a duly certified and approved estimate of
work performed during the preceding calendar month by the Contractor, less ten
percent (1 0%) of the amount of such estimate which is to be retained by the Owner until
all work has been performed strictly in accordance with this agreement.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection with the
construction of the work have been paid in full, final payment on account of this
11-6
agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work by
the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the time
herein specified, it is agreed that from the compensation otherwise to be paid to the
Contractor, the Owner may retain the sum of $ 500.00 per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is not a
penalty being the stipulated damages the Owner will have sustained in the event of such
default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the surety bond hereto attached for its faithful
performance, the Owner shall deem the surety or sureties upon such bond to be
unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the
performance of the work, the Contractor shall, at its expense within five (5) days after
the receipt of notice from the Owner so to do, furnish an additional bond or bonds in
such form and amount and with such surety or sureties as shall be satisfactory to the
Owner. In such event, no further payment to the Contractor shall be deemed to be due
under this agreement until such new or additional security for the faithful performance
of the work shall be furnished in manner and form satisfactory to the Owner.
11-7
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date
first above written in two (2) counterparts, each of which shall, "thout proof or accounting for
the other counterpart, be deemed an original contract.
Kc 0.. d i< ,^-v'\ t\ ~ r' \\/\.0 r k; ^j S 11.n c .
(Contractor) (Monroe County oard of Commissioners)
By: ?h~o- fl ~
Title: ~ (' ~ ~ \ de l\J-
(President)*
WITNESS: ~~....
By: C H /ti?Lf/;;> Me C 0<(
Title: IV,!}y ~K-
.
wITNESS:
STATE OF FLORIDA
I, the undersigned authority, a Notary Public in and for said County and .state hereby certify
that LiSA A or~hou;,.~ whose name as Vrestden+ of
Rood VrH1€Y' ClTK~ Y'- s. ~c.. is signed to the foregoing instrument and who is
known to me, acknowledged before me on this day that being informed of the contents of the
within instrument, he, in his capacity as such, executed the same voluntarily on the date the
same bears date.
Given under my hand and seal this .ll day of p,e C'.. e m bVi
~~I~
Notary Public
,2001.
$HERRlE HEllRUNG
COMMISSION' CC869 J 68
EXPIRES OEe 22. 2003
IONOEO THROUGH
RU lNSUltANCE COMPANY
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11-8
GENERAL PROVISIONS
DIVISION III
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS ................................ 111-2
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS ........... 111-7
SECTION 30 - AWARD AND EXECUTION OF CONTRACT. . . . . . . . . . . . . . . .. 111-11
SECTION 40 - SCOPE OF WORK. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 111-13
SECTION 50 - CONTROL OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-17
SECTION 60 - CONTROL OF MATERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-23
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. . . . .. 111-27
SECTION 80 - PROSECUTION AND PROGRESS . . . . . . . . . . . . . . . . . . . . . . .. 111-35
SECTION 90 - MEASUREMENT AND PAYMENT. . . . . . . . . . . . . . . . . . . . . . . .. 111-42
SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM ............ III-50
SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF
MATERIALS WITHIN SPECIFICATION LIMITS (PWL) . . . . . . . .. III-58
SECTION 120 - CONSTRUCTION CONTRACT CLAUSES
AIRPORT IMPROVEMENT PROGRAM .................... 111-66
SECTION 130 - SAFETY AND HEALTH REGULATIONS
FOR CONSTRUCTION ................................. 111-92
SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS. . . . . . . . . . . . . ... 111-93
SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .... 111-101
111-1
DIVISION III - GENERAL PROVISIONS
SECTION 10
DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in the Contract, in any
documents or other instruments pertaining to construction where these specifications govern,
the intent and meaning shall be interpreted as follows:
10-01 AASHTO. The American Association of State Highway and Transportation Officials,
the successor association to AASHO.
10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed
thereon connecting the airport to a public highway.
10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for
work to be performed and materials to be furnished.
10-04 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the
Federal Aviation Administration.
10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air
operations area shall mean any area of the airport used or intended to be used for the landing,
takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or
unpaved areas that are used or intended to be used forthe unobstructed movement of aircraft
in addition to its associated runway, taxiway, or apron.
10-06 AIRPORT. Airport means an area of land or water which is used or intended to be
used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.
10-07 ASTM. The American Society for Testing and Materials.
10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal.
10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a
duly authorized representative, who submits a proposal for the work contemplated.
10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be
used for airport buildings or other airport facilities or rights-of-way together with all airport
buildings and facilities located thereon.
10-11 CALENDAR DAY. Every day shown on the calendar.
10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans,
111-2
specifications, or proposal quantities and establishing the basis of payment and contract time
adjustment, if any, for the work affected by such changes. The work, covered by a change
order, shall be within the scope of the contract.
10-13 CONTRACT. The written agreement covering the work to be performed. The awarded
contract shall include, but is not limited to: The Advertisement; The Contract Form; The
Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The
Specifications; The Plans, and any addenda issued to bidders.
10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided
in the contract.
10-15 CONTRACT TIME. The number of calendar days or working days, stated in the
proposal, allowed for completion of the contract, including authorized time extensions. If a
calendar date of completion is stated in the proposal, in lieu of a number of calendar or working
days, the contract shall be completed by that date.
10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the
acceptable performance of the work contracted and for the payment of all legal debts
pertaining to the work who acts directly or through lawful agents or employees to complete the
contract work.
10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface
or subsurface waters are collected and conducted from the airport area.
10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the
owner (sponsor) to be responsible for engineering supervision of the contract work and acting
directly or through an authorized representative.
10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and
maintenance, and also all tools and apparatus necessary for the proper construction and
acceptable completion of the work.
10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously
modified by change order or supplemental agreement, but which is found by the Engineer to
be necessary to complete the work within the intended scope of the contract as previously
modified.
10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation.
When used to designate a person, FAA shall mean the Administrator or his/her duly authorized
representative.
10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and
supplements, amendments, and indices thereto are prepared and issued by the General
Services Administration of the Federal Government.
111-3
10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all
necessary inspections and/or tests of the work performed or being performed, or of the
materials furnished or being furnished by the Contractor.
10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words
"directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the
like import are used, it shall be understood that the direction, requirement, permission, order,
designation, or prescription of the Engineer is intended; and similarly, the words " approved,"
" acceptable," II 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.
1 0-25 lABORATORY. The official testing laboratories of the owner or such other laboratories
as may be designated by the Engineer.
10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or
near the airport or within the airport buildings. The field lighting includes all luminous signals,
markers, floodlights, and illuminating devices used on or near the airport or to aid in the
operation of aircraft landing at, taking off from, or taxiing on the airport surface.
1 0-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that
is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the
total amount of the award contract. All other items shall be considered minor contract items.
1 0-28 MATERIALS. Any substance specified for use in the construction of the contract work.
1 0-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract
work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date
on which the contract time begins.
10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the
contracting agency signatory to the contract. For AlP contracts, the term sponsor shall have
the same meaning as the term owner.
10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any,
considered as a single unit.
10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and
his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor
used in the construction of the work.
111-4
10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor
and his/her surety as a guaranty that the Contractor will complete the work in accordance with
the terms of the contract.
10-34 PLANS. The official drawings or exact reproductions which show the location,
character, dimensions and details of the airport and the work to be done and which are to be
considered as a part of the contract, supplementary to the specifications.
10-35 PROJECT. The agreed scope of work for accomplishing specific airport development
with respect to a particular airport.
10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal
form) to perform the contemplated work and furnish the necessary materials in accordance
with the provisions of the plans and specifications.
10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the
bidder will enter into a contract if his/her proposal is accepted by the owner.
10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
10-39 SPECIFICATIONS. A part of the contract containing the written directions and
requirements for completing the contract work. Standards for specifying materials or testing
which are cited in the contract specifications by reference shall have the same force and effect
as if included in the contract physically.
10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets,
retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical
ducts, manholes, hand holes , lighting fixtures and bases; transformers; flexible and rigid
pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that
may be encountered in the work and not otherwise classified herein.
10-41 SUBGRADE. The soil which forms the pavement foundation.
10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the
work during progress, authorized to receive and fulfill instructions from the Engineer, and who
shall supervise and direct the construction.
10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and
the owner covering: (1) work that would increase or decrease the total amount of the awarded
contract, or any major contract item, by more than 25 percent, such increased or decreased
work being within the scope of the originally awarded contract; or (2) work that is not within the
scope of the originally awarded contract.
10-44 SURETY. The corporation, partnership, or individual, other than the Contractor,
executing payment or performance bonds which are furnished to the owner by the Contractor.
111-5
10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of
the air operations area of an airport that has been designated by competent airport authority
for movement of aircraft to and from the airport's runways or aircraft parking areas.
10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals
necessary or convenient to the Contractor's performance of all duties and obligations imposed
by the contract, plans, and specifications.
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.
END OF SECTION 10
111-6
SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall
publish the advertisement at such places and at such times as are required by local law or
ordinances. The published advertisement shall state the time and place for submitting sealed
proposals; a description of the proposed work; instructions to bidders as to obtaining proposal
forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any
and all bids.
20-02 PREQUALlFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory
evidence of his/her competency to perform the proposed work. Such evidence of competency,
unless otherwise specified, shall consist of statements covering the bidder's past experience
on similar work, a list of equipment that would be available for the work, and a list of key
personnel that would be available. I n addition, each bidder shall fu rnish the owner satisfactory
evidence of his/her financial responsibility. Such evidence of financial responsibility, unless
otherwise specified, shall consist of a confidential statement or report of the bidder's financial
resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such
statements or reports shall be certified by a public accountant. At the time of submitting such
financial statements or reports, the bidder shall further certify whether his/her financial
responsibility is approximately the same as stated or reported by the public accountant. If the
bidder's financial responsibility has changed, the bidder shall qualify the public accountant's
statement or report to reflect his/her (bidder's) true financial condition at the time such qualified
statement or report is submitted to the owner.
Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State
Highway Division and is on the current" bidder's list" of the state in which the proposed work
is located. Such evidence of State Highway Division prequalification may be submitted as
evidence of financial responsibility in lieu of the certified statements or reports hereinbefore
specified.
Each bidder shall submit" evidence of competency" and' I evidence of financial responsibility"
to the owner no later than 10 days prior to the specified date for opening bids.
20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal
forms. All papers bound with or attached to the proposal forms are necessary parts and must
not be detached.
The plans specifications, and other documents designated in the proposal form shall be
considered a part of the proposal whether attached or not.
20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue
a proposal form to a prospective bidder should such bidder be in default for any of the following
reasons:
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A. Failure to comply with any prequalification regulations of the owner, if such
regulations are cited, or otherwise included, in the proposal as a requirement for
bidding.
B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on
former contracts in force (with the owner) at the time the owner issues the
proposal to a prospective bidder.
C. Contractor default under previous contracts with the owner.
D. Unsatisfactory work on previous contracts with the owner.
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of
quantities of work to be done and materials to be furnished under these specifications is given
in the proposal. It is the result of careful calculations and is believed to be correct. It is given
only as a basis for comparison of proposals and the award of the contract. The owner does
not expressly or by implication agree that the actual quantities involved will correspond exactly
therewith; nor shall the bidder plead misunderstanding or deception because of such estimates
of quantities, or of the character, location, or other conditions pertaining to the work. Payment
to the Contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications. It is understood that the quantities
may be increased or decreased as hereinafter provided in the subsection titled ALTERATION
OF WORK AND QUANTITI ES of Section 40 without in any way invalidating the unit bid prices.
20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE. The bidder is expected
to carefully examine the site of the proposed work, the proposal, plans specifications, and
contract forms. He shall satisfy himself as to the character, quality, and quantities of work to
be performed, materials to be furnished, and as to the requirements of the proposed contract.
The submission of a proposal shall be prima facie evidence that the bidder has made such
examination and is satisfied as to the conditions to be encountered in performing the work and
as to the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for inspection
of bidders. It is understood and agreed that such subsurface information, whether included in
the plans, specifications, or otherwise made available to the bidder, was obtained and is
intended for the owner's design and estimating purposes only. Such information has been
made available for the convenience of all bidders. It is further understood and agreed that
each bidder is solely responsible for all assumptions, deductions, or conclusions which he may
make or obtain from his/her examination of the boring logs and other records of subsurface
investigations and tests that are furnished by the owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the
forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled
in where indicated for each and every item for which a quantity is given. The bidder shall state
the price (written in ink or typed) both in words and numerals for which he proposes to do each
pay item furnished in the proposal. In case of conflict between words and numerals, the
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words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership, the
name and post office address of each member of the partnership must be shown. If made by
a corporation, the person signing the proposal shall give the name of the state under the laws
. of which the corporation was chartered and the name, titles, and business address of the
president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file
evidence of his/her authority to do so and that the signature is binding upon the firm or
corporation.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following
reasons:
A. If the proposal is on a form other than that furnished by the owner, or if the
owner's form is altered, or if any part of the proposal form is detached.
B. If there are unauthorized additions, conditional or alternate pay items, or
irregularities of any kind which make the proposal incomplete, indefinite, or
otherwise ambiguous.
C. If the proposal does not contain a unit price for each pay item listed in the
proposal, except in the case of authorized alternate pay items, for which the
bidder is not required to furnish a unit price.
D. If the proposal contains unit prices that are obviously unbalanced.
E. If the proposal is not accompanied by the proposal guaranty specified by the
owner.
The owner reserves the right to reject any irregular proposal and the right to waive
technicalities if such waiver is in the best interest of the owner and conforms to local laws and
ordinances pertaining to the letting of construction contracts.
20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check,
or other specified acceptable collateral, in the amount specified in the proposal form. Such
check, or collateral, shall be made payable to the owner.
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed
envelope plainly marked with the project number, location of airport, and name and business
address of the bidder on the outside. When sent by mail, preferably registered, the sealed
proposal, marked as indicated above, should be enclosed in an additional envelope. No
proposal will be considered unless received at the place specified in the advertisement before
the time specified for opening all bids. Proposals received after the bid opening time shall be
returned to the bidder unopened.
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20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise
(by withdrawal of one proposal and submission of another) a proposal provided that the
bidder's request for withdrawal is received by the owner in writing or by telegram before the
time specified for opening bids. Revised proposals must be received at the place specified in
the advertisement before the time specified for opening all bids.
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly
at the time and place specified in the advertisement. Bidders, their authorized agents, and
other interested persons are invited to attend. Proposals that have been withdrawn (by written
or telegraphic request) or received after the time specified for opening bids shall be returned
to the bidder unopened.
20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any
of the following reasons:
A. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name.
B. Evidence of collusion among bidders. Bidders participating in such collusion shall
be disqualified as bidders for any future work of the owner until any such
participating bidder has been reinstated by the owner as a qualified bidder.
C. If the bidder is considered to be in "' default" for any reason specified in the
subsection titled ISSUANCE OF PROPOSAL FORMS of this section.
END OF SECTION 20
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SECTION 30
AWARD AND EXECUTION OF CONTRACT
30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and
read, they will be compared on the basis of the summation of the products obtained by
multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's
proposal contains a discrepancy between unit bid prices written in words and unit bid prices
written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal
for any of the following reasons:
A. If the proposal is irregular as specified in the subsection titled IRREGULAR
PROPOSALS of Section 20.
B. If the bidder is disqualified for any of the reasons specified in the subsection
titled DISQUALIFICATION OF BIDDERS of Section 20.
In addition, until the award of a contract is made, the owner reserves the right to reject any or
all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in
conformance with applicable state and local laws or regulations pertaining to the letting of
construction contracts; advertise for new proposals; or proceed with the work otherwise. All
such actions shall promote the owner's best interests.
30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be
made within 90 calendar days of the date specified for publicly opening proposals, unless
otherwise specified herein.
Award of the contract shall be made by the owner to the lowest, qualified bidder whose
proposal conforms to the cited requirements of the owner.
30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award
without liability to the bidder, except return of proposal guaranty, at any time before a contract
has been fully executed by all parties and is approved by the owner in accordance with the
subsection titled APPROVAL OF CONTRACT of this section.
30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the
two lowest bidders, will be returned immediately after the owner has made a comparison of
bids as hereinbefore specified in the subsection titled CONSI DERATION 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, atwhich time, the unsuccessful bidder's proposal guaranty will
be returned. The successful bidder's proposal guaranty will be returned as soon as the owner
receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF
CONTRACT BONDS of this section.
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30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the
contract, the successful bidder shall furnish the owner a surety bond or bonds which have been
fully executed by the bidder and the surety guaranteeing the performance of the work and the
payment of all legal debts that may be incurred by reason of the Contractor's performance of
the work. The surety and the form of the bond or bonds shall be acceptable to the owner.
Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal
to the full amount of the contract.
30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the
necessary agreements for entering into the contract and return such signed contract to the
owner, along with the fully executed surety bond or bonds specified in the subsection titled
REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the
date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special
handling is recommended.
30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds
that have been executed by the successful bidder, the owner shall complete the execution of
the contract in accordance with local laws or ordinances, and return the fully executed contract
to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the
owner's approval to be bound by the successful bidder's proposal and the terms of the
contract.
30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the
contract and furnish an acceptable surety bond or bonds within the 15 calendar day period
specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section
shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as
a penalty, but as liquidation of damages to the owner.
END OF SECTION 30
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SECTION 40
SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and
completion, in every detail, of the work described. It is further intended that the Contractor
shall furnish all labor, materials, equipment, tools, transportation, and supplies required to
complete the work in accordance with the plans, specifications, and terms of the contract.
40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the
right to make such alterations in the work as may be necessary or desirable to complete the
work originally intended in an acceptable manner. Unless otherwise specified herein, the
Engineer shall be and is hereby authorized to make such alterations in the work as may
increase or decrease the originally awarded contract quantities, provided that the aggregate
of such alterations does not change the total contract cost or the total cost of any major
contract item by more than 25 percent (total cost being based on the unit prices and estimated
quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation
shall not invalidate the contract nor release the surety, and the Contractor agrees to accept
payment for such alterations as if the altered work had been a part of the original contract.
These alterations which are for work within the general scope of the contract shall be covered
by "Change Orders" issued by the Engineer. Change orders for altered work shall include
extensions of contract time where, in the Engineer's opinion, such extensions are
commensurate with the amount and difficulty of added work.
Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore
specified, such excess altered work shall be covered by supplemental agreement. If the owner
and the Contractor are unable to agree on a unit adjustment for any contract item that requires
a supplemental agreement, the owner reserves the right to terminate the contract with respect
to the item and make other arrangements for its completion.
The Contractor is advised that all supplemental agreements shall be approved by the FAA and
shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the
supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the
limitations on work that increases or decreases the originally awarded contract or any major
contract item by more than 25 percent, the supplemental agreement shall be subject to the
same U.S. Secretary of Labor wage determination as was included in the originally awarded
contract.
All supplemental agreements shall require consent of the Contractor's surety and separate
performance and payment bonds.
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.
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Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor
shall be paid for all work performed toward completion of such item prior to the date of the
order to omit such item. Payment for work performed shall be in accordance with the
subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor
to perform an item of work for which no basis of payment has been provided in the original
contract or previously issued change orders or supplemental agreements, the same shall be
called Extra Work. Extra work that is within the general scope of the contract shall be covered
by written change order. Change orders for such extra work shall contain agreed unit prices
for performing the change order work in accordance with the requirements specified in the
order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is
necessary for completion of such extra work.
When determined by the Engineer to be in the owner's best interest, he may order the
Contractor to proceed with extra work by force account as provided in the subsection titled
PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within the
general scope of the work covered by the original contract shall be covered by a Supplemental
Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT
of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change order
or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety
of aircraft, as well as the Contractor's equipment and personnel, is the most important
consideration. It is understood and agreed that the Contractor shall provide for the free and
unobstructed movement of aircraft in the air operations areas of the airport with respect to
his/her own operations and the operations of all his/her subcontractors as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and
agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic
signals (including power supplies thereto) used in the guidance of aircraft while operating to,
from, and upon the airport as specified in the subsection titled CONTRACTOR'S
RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel;
equipment; vehicles; storage areas; and any work area or condition that may be hazardous to
the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road, street, or
highway during the Contractor's performance of work that is otherwise provided for in the
contract, plans, and specifications, the Contractor shall keep such road, street, or highway
open to all traffic and shall provide such maintenance as may be required to accommodate
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traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen,
and other traffic control devices in reasonable conformity with the manual of Uniform Traffic
Control Devices for Streets and Highways (published by the United States Government Printing
Office), unless otherwise specified herein. The Contractor shall also construct and maintain
in a safe condition any temporary connections necessary for ingress to and egress from
abutting property or intersecting roads, streets or highways. Unless otherwise specified herein,
the Contractor will not be required to furnish snow removal for such existing road, street, or
highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified
in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be
measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within
the established lines, grades, or grading sections shall be removed by the Contractor, unless
such existing structures are otherwise specified to be relocated, adjusted up or down,
salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing
such existing structures shall not be measured or paid for directly, but shall be included in the
various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work for
which the disposition is not indicated on the plans, the Engineer shall be notified prior to
disturbing such structure. The disposition of existing structures so encountered shall be
immediately determined by the Engineer in accordance with the provisions of the contract.
Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN
THE WORK of this section, it is intended that all existing materials or structures that may be
encountered (within the lines, grades, or grading sections established for completion of the
work) shall be utilized in the work as otherwise provided for in the contract and shall remain the
property of the owner when so utilized in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or
concrete slabs within the established lines, grades, or grading sections, the use of which is
intended by the terms of the contract to be either embankment or waste, he may at his/her
option either:
A. Use such material in another contract item, providing such use is approved by the
Engineer and is in conformance with the contract specifications applicable to
such use; or,
B. Remove such material from the site, upon written approval of the Engineer; or
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C. Use such material for his/her own temporary construction on site; or,
D. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's
approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option A., B., or C., the
Contractor shall be paid for the excavation or removal of such material at the applicable
contract price. The Contractor shall replace, at his/her own expense, such removed or
excavated material with an agreed equal volume of material that is acceptable for use in
constructing embankment, backfills, or otherwise to the extent that such replacement material
is needed to complete the contract work. The Contractor shall not be charged for his/her use
of such material so used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be
paid, at the applicable contract price, for furnishing and installing such material in accordance
with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by reason of
his/her exercise of option A., B., or C.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part
of a structure which is located outside the lines, grades, or grading sections established for the
work, except where such excavation or removal is provided for in the contract, plans, or
specifications.
40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final
payment will be made, the Contractor shall remove from the site all machinery, equipment,
surplus and discarded materials, rubbish, temporary structures, and stumps or portions of
trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a
neat and presentable condition. Material cleared from the site and deposited on adjacent
property will not be considered as having been disposed of satisfactorily, unless the Contractor
has obtained the written permission of such property owner.
END OF SECTION 40
111-16
SECTION 50
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions
which may arise as to the quality and acceptability of materials furnished, work performed, and
as to the manner of performance and rate of progress of the work. He shall decide all
questions which may arise as to the interpretation of the specifications or plans relating to the
work, the fulfillment of the contract on the part of the Contractor, and the rights of different
Contractors on the project. The Engineer shall determine the amount and quality of the several
kinds of work performed and materials furnished which are to be paid for the under contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials
furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross
sections, dimensions, material requirements, and testing requirements that are specified
(including specified tolerances) in the contract, plans or specifications.
If the Engineer finds the materials furnished, work performed, or the finished product not within
reasonably close conformity with the plans and specifications but that the portion of the work
affected will, in his/her opinion, result in a finished product having a level of safety, economy,
durability, and workmanship acceptable to the owner, he will advise the owner of his/her
determination that the affected work be accepted and remain in place. In this event, the
Engineer will document his/her determination and recommend to the owner a basis of
acceptance which will provide for an adjustment in the contract price for the affected portion
of the work. The Engineer's determination and recommended contract price adjustments will
be based on good engineering judgment and such tests or retests of the affected work as are,
in his/her opinion, needed. Changes in the contract price shall be covered by contract
modifications (change order or supplemental agreement) as applicable.
If the Engineer finds the materials furnished, work performed, or the finished product are not
in reasonably close conformity with the plans and specifications and have resulted in an
unacceptable finished product, the affected work or materials shall be removed and replaced
or otherwise corrected by and at the expense of the Contractor in accordance with the
Engineer's written orders.
For the purpose of this subsection, the term" reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance with
the contract, plans, and specifications. The term shall not be construed as waiving the
Engineer's right to insist on strict compliance with the requirements of the contract, plans, and
specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion,
such compliance is essential to provide an acceptable finished portion of the work.
For the purpose of this subsection, the term" reasonably close conformity" is also intended to
provide the Engineer with the authority to use good engineering judgment in his/her
determinations as to acceptance of work that is not in strict conformity but will provide a
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finished product equal to or better than that intended by the requirements of the contract, plans
and specifications.
50-03 COORDINATION OF CONTRACT. PLANS. AND SPECIFICATIONS. The contract,
plans, specifications, and all referenced standards cited are essential parts of the contract
requirements. A requirement occurring in one is as binding as though occurring in all. They are
intended to be complementary and to describe and provide for a complete work. In case of
discrepancy, calculated dimensions will govern over scaled dimensions; contract technical
specifications shall govern over contract general provisions, plans, cited standards for materials
or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans,
cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern
over cited standards for materials or testing and cited FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or omission on the plans or
specifications. In the event the Contractor discovers any apparent error or discrepancy, he
shall immediately call upon the Engineer for his/her interpretation and decision, and such
decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies
each of the plans and specifications. He shall have available on the work at all times one copy
each of the plans and specifications. Additional copies of plans and specifications may be
obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and
he shall cooperate with the Engineer and his/her inspectors and with other contractors in every
way possible. The Engineer shall allocate he work and designate the sequence of construction
in case of controversy between contractors. The Contractor shall have a competent
superintendent on the work at all times who is fully authorized as his/her agent on the work.
The superintendent shall be capable of reading and thoroughly understanding the plans and
specifications and shall receive and fulfill instructions from the Engineer or his/her authorized
representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to
contract for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of anyone project, each Contractor shall
conduct his/her work so as not to interfere with or hinder the progress of completion of the
work being performed by other Contractors. Contractors working on the same project shall
cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with
his/her contract and shall protect and save harmless the owner from any and all damages or
claims that may arise because of inconvenience, delays, or loss experienced by him because
of the presence and operations of other Contractors working within the limits of the same
project.
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The Contractor shall arrange his/her work and shall place and dispose of the materials being
used so as not to interfere with the operations of the other Contractors within the limits of the
same project. He shall join his/her work with that of the others in an acceptable manner and
shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal
and vertical control only. The Contractor must establish all layout required forthe construction
of the work. Such stakes and markings as the Engineer may set for either his/her own or the
Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part
of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings,
an amount equal to the cost of replacing the same may be deducted from subsequent
estimates due the Contractor at the discretion of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Wheneverbatching or mixing plant
equipment is required to be operated automatically under the contract and a breakdown or
malfunction of the automatic controls occurs, the equipment may be operated manually or by
other methods for a period 48 hours following the breakdown or malfunction, provided this
method of operations will product results which conform to all other requirements of the
contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner
shall be authorized to inspect all work done and all material furnished. Such inspection may
extend to all or any part of the work and to the preparation, fabrication, or manufacture of the
materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of
the contract. Inspectors are not authorized to issue instructions contrary to the plans and
specifications or to act as foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of the
contract, plans, or specifications and to reject such nonconforming materials in question until
such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall
be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of
the work and shall be furnished with such information and assistance by the Contractor as is
required to make a complete and detailed inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall
remove or uncover such portions of the finished work as may be directed. After examination,
the Contractor shall restore said portions of the work to the standard required by the
specifications. Should the work thus exposed or examined prove acceptable, the uncovering,
or removing, and the replacing of the covering or making good of the parts removed will be paid
for as extra work; but should the work so exposed or examined prove unacceptable, the
uncovering, or removing, and the replacing of the covering or making good of the parts
removed will be at the Contractor's expense.
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Any work done or materials used without supervision or inspection by an authorized
representative of the owner may be ordered removed and replaced at the Contractor's
expense unless the owner's representative failed to inspect after having been given reasonable
notice in writing that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to existing
facilities, not the property of the (contract) owner, authorized representatives of the owners of
such facilities shall have the right to inspect such work. Such inspection shall in no sense make
any facility owner a party to the contract, and shall in no way interfere with the rights of the
parties to this contract.
50-1 0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does
not form to the requirements of the contract, plans, and specifications will be considered
unacceptable, unless otherwise determined acceptable by the Engineer as provided in the
subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final acceptance
of the work, shall be removed immediately and replaced in an acceptable manner in
accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY
FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done beyond the lines shown on
the plans or as given, except as herein specified, or any extra work done without authority, will
be considered as unauthorized and will not be paid for under the provisions of the contract.
Work so done may be ordered removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer
made under the provisions of this subsection, the Engineer will have authority to cause
unacceptable work to be remedied or removed and replaced and unauthorized work to be
removed and to deduct the costs (incurred by the owner) from any monies due or to become
due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in
the hauling of materials on public roads beyond the limits of the work. A special permit will not
relieve the Contractor of liability for damage which may result from the moving of material or
equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or
to any other type of construction will not be permitted. Hauling of materials over the base
course or surface course under construction shall be limited as directed. No loads will be
permitted on a concrete pavement, base, or structure before the expiration of the curing period.
The Contractor shall be responsible for all damage done by his/her hauling equipment and shall
correct such damage at his/her own expense.
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50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work
during construction and until the work is accepted. This maintenance shall constitute continuous
and effective work prosecuted day by day, with adequate equipment and forces so that the
work is maintained in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously
constructed, the Contractor shall maintain the previous course or subgrade during all
construction operations.
All costs of maintenance work during construction and before the project is accepted shall be
included in the unit prices bid on the various contract items, and the Contractor will not be paid
an additional amount for such work.
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 thissection, the Engineer shall immediately notify the Contractor of such
noncompliance. Such notification shall specify a reasonable time within which the Contractor
shall be required to remedy such unsatisfactory maintenance condition. The time specified will
give due consideration to the exigency that exists.
Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend
any work necessary for the owner to correct such unsatisfactory maintenance condition,
depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be
deducted from monies due or to become due the Contractor.
50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the
Contractor substantially completes a usable unit or portion of the work, the occupancy of which
will benefit the owner, he may request the Engineer to make final inspection of that unit. If the
Engineer finds upon inspection that the unit has been satisfactorily completed in compliance
with the contract, he may accept it as being completed, and the Contractor may be relieved
of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the
owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion
of the entire project, the Engineer and owner will make an inspection. If all construction
provided for and contemplated by the contract is found to be completed in accordance with the
contract, plans, and specifications, such inspection shall constitute the final inspection. The
Engineer shall notify the Contractor in writing of final acceptance as of the date of the final
inspection.
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the
Engineer will give the Contractor the necessary instructions for correction of same and the
Contractor shall immediately comply with and execute such instructions. Upon correction of the
work, another inspection will be made which shall constitute the final inspection, provided the
work has been satisfactorily completed. In such event, the Engineer will make the final
acceptance and notify the Contractor in writing of this acceptance as of the date of final
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inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor
deems that additional compensation is due him for work or materials not clearly provided for
in the contract, plans, or specifications or previously authorized as extra work, he shall notify
the Engineer in writing of his/her intention to claim such additional compensation before he
begins the work on which he bases the claim. If such notification is not given or the Engineer
is not afforded proper opportunity by the Contractor for keeping strict account of actual cost
as required, then the Contractor hereby agrees to waive any claim for such additional
compensation. Such notice by the Contractor and the fact that the Engineer has kept account
of the cost of the work shall not in any way be construed as proving or substantiating the
validity of the claim. When the work on which the claim for additional compensation is based
has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim
to the Engineer who will present it to the owner for consideration in accordance with local laws
or ordinances.
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.
END OF SECTION 50
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SECTION 60
CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the
work shall conform to the requirements of the contract, plans, and specifications. Unless
otherwise specified, such materials that are manufactured or processed shall be new (as
compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish
complete statements to the Engineer as to the origin, composition, and manufacture of all
materials to be used in the work. Such statements shall be furnished promptly after execution
of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before delivery
is stated. If it is found after trial that sources of supply for previously approved materials do
not produce specified products, the Contractor shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of
cited materials specifications. In addition, where an FAA specification for airport lighting
equipment is cited in the plans or specifications, the Contractor shall furnish such equipment
that is:
A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment,
that is in effect on the date of advertisement; and,
B. Produced by the manufacturer qualified (by FAA) to produce such specified and
listed equipment.
The following airport lighting equipment is required for this contract and is to be furnished by
the Contractor in accordance with the requirements of this subsection:
EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR
EQUIPMENT AND MANUFACTURER
60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work
shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any
work in which untested materials are used without approval or written permission of the
Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and
unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the
Contractor's expense. Unless otherwise designated, tests in accordance with the cited
standard methods of AASHTO or ASTM which are current on the date of advertisement for
bids will be made by and at the expense of the owner. Samples will be taken by a qualified
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representative of the owner. All materials being used are subject to inspection, test, or
rejection at any time prior to or during incorporation into the work. Copies of all tests will be
furnished to the Contractor's representative at his/her request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by manufacturer's
certificates of compliance stating that such materials or assemblies fully comply with the
requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of
such materials or assemblies delivered to the work must be accompanied by a certificate of
compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled and
tested at any time and if found not to be in conformity with contract requirements will be subject
to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the Engineer.
When a material or assembly is specified by , 'brand name or equal" and the Contractor elects
to furnish the specified "brand name," the Contractor shall be required to furnish the
manufacturer's certificate of compliance for each lot of such material or assembly delivered to
the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify
as to:
A. Conformance to the specified performance, testing, quality or dimensional
requirements; and,
B. Suitability of the material or assembly for the use intended in the contract work.
Should the Contractor propose to furnish an' 'or equal" material or assembly, he shall furnish
the manufacturer's certificates of compliance as hereinbefore described for the specified brand
name material or assembly. However, the Engineer shall be the sole judge as to whether the
proposed" or equal" is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies on the
basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect,
at its source, any specified material or assembly to be used in the work. Manufacturing plants
may be inspected from time to time for the purpose of determining compliance with specified
manufacturing methods or materials to be used in the work and to obtain samples required for
his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
A. The Engineer shall have the cooperation and assistance of the Contractor and
the producer with whom he has contracted for materials.
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B. The Engineer shall have full entry at all reasonable times to such parts of the
plant that concern the manufacture or production of the materials being furnished.
C. If required by the Engineer, the Contractor shall arrange for adequate office or
working space that may be reasonably needed for conducting plant inspections.
Office or working space should be conveniently located with respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material which has
been tested and approved at the source of supply after it has been delivered to the site. The
Engineer shall have the right to reject only material which, when retested, does not meet the
requirements of the contract, plans, or specifications.
60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for
as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer
as a field office and field testing laboratory. The building shall be furnished and maintained by
the Contractor as specified herein and shall become property of the Contractor when the
contract work is completed.
60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the
preservation of their quality and fitness for the work. Stored materials, even though approved
before storage, may again be inspected prior to their use in the work. Stored materials shall
be located so as to facilitate their prompt inspection. The Contractor shall coordinate the
storage of all materials with the Engineer. Materials to be stored on airport property shall not
create an obstruction to air navigation nor shall they interfere with the free and unobstructed
movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the
location of the Contractor's plant and parked equipment or vehicles shall be as directed by the
Engineer. Private property shall not be used for storage purposes without written permission
of the owner or lessee of such property. The Contractor shall make all arrangements and bear
all expenses for the storage of materials on private property. Upon request, the Contractor
shall furnish the Engineer a copy of the property owner's permission.
All storage sites on private or airport property shall be restored to their original condition by the
Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner
or lessee of the property.
60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to
the requirements of the contract, plans, or specifications shall be considered unacceptable and
shall be rejected. The Contractor shall remove any rejected material or assembly from the site
of the work, unless otherwise instructed by the Engineer.
No rejected material or assembly, the defects of which have been corrected by the Contractor,
shall not be returned to the site of the work until such time as the Engineer has approved its
used in the work.
60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required
to complete the work, except those specified herein (if any) to be furnished by the owner.
111-25
Owner-furnished materials shall be made available to the Contractor at the location specified
herein.
All costs of handling, transportation from the specified location to the site of work, storage, and
installing owner-furnished materials shall be included in the unit price bid forthe contract item
in which such owner-furnished material is used.
After any owner-furnished material has been delivered to the location specified, the Contractor
shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur
during the Contractor's handling, storage, or use of such owner-furnished material. The owner
will deduct from any monies due or to become due the Contractor any cost incurred by the
owner in making good such loss due to the Contractor's handling, storage, or use of
owner-furnished materials.
END OF SECTION 60
111-26
SECTION 70
LEGAL REGULATIONS 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/her officers, agents, or servants against any claim
or liability arising from or based on the violation of any such law, ordinance, regulation, order,
or decree, whether by himself or his/her employees.
70-02 PERMITS. LICENSES. AND TAXES. The Contractor shall procure all permits and
licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the
due and lawful prosecution of the work.
70-03 PATENTED DEVICES. MATERIALS. AND PROCESSES. If the Contractor is required
or desires to use any design, device, material, or process covered by letters of patent or
copyright, he shall provide for such use by suitable legal agreement with the patentee or owner.
The Contractor and the surety shall indemnify and save harmless the owner, any third party,
or political subdivision from any and all claims for infringement by reason of the use of any such
patented design, device, material or process, or any trademark or copyright, and shall
indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by
reason of an infringement, at any time during the prosecution or after the completion of the
work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the
right to authorize the construction, reconstruction, or maintenance of any public or private utility
service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility
service of another government agency at any time during the progress of the work. To the
extent that such construction, reconstruction, or maintenance has been coordinated with the
owner, such authorized work (by others) is indicated as follows:
Owner (Utility or Other Facility)
Location (See Plan Sheet No.)
Person to Contact (Name, Title, Address and Phone)
Except as listed above, the Contractor shall not permit any individual, firm, or corporation to
excavate or otherwise disturb such utility services or facilities located within the limits of the
work without the written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service
of another government agency be authorized to construct, reconstruct, or maintain such utility
service or facility during the progress of the work, the Contractor shall cooperate with such
111-27
owners by arranging and performing the work in this contract so as to facilitate such
construction, reconstruction or maintenance by others whether or not such work by others is
listed above. When ordered as extra work by the Engineer, the Contractor shall make all
necessary repairs to the work which are due to such authorized work by others, unless
otherwise provided for in the contract, plans, or specifications. It is understood and agreed
that the Contractor shall not be entitled to make any claim for damages due to such authorized
work by others or for any delay to the work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For AI P contracts, the United States Government has
agreed to reimburse the owner for some portion of the contract costs. Such reimbursement
is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration
of the United Sates Government's (FAA's) agreement with the owner, the owner has included
provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982,
as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the
Rules and Regulations of the FAA that pertain to the work.
As required by the Act, the contract work is subject to the inspection and approval of duly
authorized representatives of the Administrator, FAA, and is further subject to those provisions
of the rules and regulations that are cited in the contract, plans, or specifications.
No requirement of the Act, the rules and regulations implementing the Act, or this contract shall
be construed as making the Federal Government a party to the contract nor will any such
requirement interfere, in any way, with the rights of either party to the contract.
70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and
maintain in a neat, sanitary condition such accommodations for the use of his/her employees
as may be necessary to comply with the requirements of the state and local Board of Health,
or of other bodies or tribunals having jurisdiction.
Attention is directed to Federal, state, and local laws, rules and regulations concerning
construction safety and health standards. The Contractor shall not require any worker to work
in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health
or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her
operations and those of his/her subcontractors and all suppliers, to assure the least
inconvenience to the traveling public. Under all circumstances, safety shall be the most
important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular
traffic with respect to his/her own operations and those of his/her subcontractors and all
suppliers in accordance with the subsection titled MAl NTENANCE OF TRAFFIC of Section 40
hereinbefore specified and shall limit such operations for the convenience and safety of the
traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section
80 hereinafter.
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70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall
furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary
to protect the public and the work. When used during periods of darkness, such barricades,
warning signs, and hazard markings shall be suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades,
warning signs, lights and other traffic control devices in reasonable conformity with the Manual
of Uniform Traffic Control Devices for Streets and Highways (published by the United States
Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such area,
the Contractor shall furnish, erect, and maintain temporary markings and associated lighting
conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open
trenches, excavations, temporary stock piles, and his/her parked construction equipment that
may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the
airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During
Construction Activity.
The Contractor shall identify each motorized vehicle or piece of construction equipment in
reasonable conformance to AC 150/5370-2.
The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards
prior to commencing work which requires such erection and shall maintain the barricades,
warning signs, and markings for hazards until their dismantling is directed by the Engineer.
Open-flame type lights shall not be permitted within the air operations areas of the airport.
70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution
of the work, the Contractor shall exercise the utmost care not to endanger life or property,
including new work. The Contractor shall be responsible for all damage resulting from the use
of explosives.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances,
and all such storage places shall be clearly marked. Where no local laws or ordinances apply,
storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000
feet (300 m) from the work or from any building, road, or other place of human occupancy.
The Contractor shall notify each property owner and public utility company having structures
or facilities in proximity to the site of the work of his/her intention to use explosives. Such
notice shall be given sufficiently in advance to enable them to take such steps as they may
deem necessary to protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the
airport property.
111-29
70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private property, and shall
protect carefully from disturbance or damage all land monuments and property markers until
the Engineer has witnessed or otherwise referenced their location and shall not move them until
directed.
The Contractor shall be responsible for all damage or injury to property of any character, during
the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her
manner or method of executing the work, or at any time due to defective work or materials, and
said responsibility will not be released until the project shall have been completed and
accepted.
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/her own
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.
70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save
harmless the Engineer and the owner and their officers, and employees from all suits actions,
or claims of any character brought because of any injuries or damage received or sustained
by any person, persons, or property on account of the operations of the Contractor; or on
account of or in consequence of any neglect in safeguarding the work; or through use of
unacceptable materials in constructing the work; or because of any act or omission, neglect,
or misconduct of said Contractor; or because of any claims or amounts recovered from any
infringements of patent, trademark, or copyright; or from any claims or amounts arising or
recovered under the" Workmen's Compensation Act," or any other law, ordinance, order, or
decree. Money due the Contractor under and by virtue of his/her contract as may be
considered necessary by the owner for such purpose may be retained for the use of the owner
or, in case no money is due, his/her surety may be held until such suit or suits, action or
actions, claim or claims for injuries or damages as aforesaid shall have been settled and
suitable evidence to that effect furnished to the owner, except that money due the Contractor
will not be withheld when the Contractor produces satisfactory evidence that he is adequately
protected by public liability and property damage insurance.
70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties
executing the contract that it is not intended by any of the provisions of any part of the contract
to create the public or any member thereof a third party beneficiary or to authorize anyone not
a party to the contract to maintain a suit for personal injuries or property damage pursuant to
the terms or provisions of the contract.
70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the
Contractor to complete portions of the contract work for the beneficial occupancy of the owner
prior to completion of the entire contract, such" phasing" of the work shall be specified herein
and indicated on the plans. When so specified, the Contractor shall complete such portions of
111-30
the work on or before the date specified or as otherwise specified. The Contractor shall
make his/her own estimate of the difficulties involved in arranging his/her work to permit such
beneficial occupancy by the owner as described below:
Phase or Description
Required Date or Sequence of Owner's Beneficial Occupancy
Work Shown on Plan Sheet
Upon completion of any portion of the work listed above, such portion shall be accepted by the
owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50.
No portion of the work may be opened by the Contractor for public use until ordered by the
Engineer in writing. Should it become necessary to open a portion of the work to public traffic
on a temporary or intermittent basis, such openings shall be made when, in the opinion of the
Engineer, such portion of the work is in an acceptable condition to support the intended traffic.
Temporary or intermittent openings are considered to be inherent in the work and shall not
constitute either acceptance of the portion of the work so opened or a waiver of any provision
of the contract. Any damage to the portion of the work so opened that is not attributable to
traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in
completing the work under the conditions herein described and shall not claim any added
compensation by reason of delay or increased cost due to opening a portion of the contract
work.
70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written
acceptance of the entire completed work, excepting only those portions of the work accepted
in accordance with the subsection titled P ARTIAL ACCEPTANCE of Section 50, the Contractor
shall have the charge and care thereof and shall take every precaution against injury or damage
to any part due to the action of the elements or from any other cause, whether arising from the
execution or from the 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 damage to
the work due to unforeseeable causes beyond the control of and without the fault or negligence
of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave,
tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or
of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for the
work and shall take such precautions necessary to prevent damage to the work. The
Contractor shall provide for normal drainage and shall erect necessary temporary structures,
signs, or other facilities at his/her expense. During such period of suspension of work, the
Contractor shall properly and continuously maintain in an acceptable growing condition all living
material in newly established planting, seedings, and soddings furnished under his/her contract,
and shall take adequate precautions to protect new tree growth and other important vegetative
growth against injury.
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70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED
BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or
private utility service, FAA or NOAA, or a utility service of another government agency that may
be authorized by the owner to construct, reconstruct or maintain such utility services or facilities
during the progress of the work. In addition, the Contractor shall control his/her operations to
prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the contract
work, the approximate locations have been indicated on the plans and the owners are indicated
as follows:
Utility Service or Facility
Person to Contact (Name, Title, Address, & Phone)
Owner's Emergency Contact (Phone)
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
structures that may be shown on the plans or encountered in the work. Any inaccuracy or
omission in such information shall not relieve the Contractor of his/her responsibility to protect
such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract,
notify the owners of all utility services or other facilities of his/her plan of operations. Such
notification shall be in writing addressed to THE PERSON TO CONTACT as provided
hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES
DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the
Engineer.
In addition to the general written notification hereinbefore provided, it shall be the responsibility
of the Contractor to keep such individual owners advised of changes in his/her plan of
operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or facility, the
Contractor shall again notify each such owner of his/her plan of operation. If, in the
Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or
the presence of a representative of the owner is desirable to observe the work, such advice
should be included in the notification. Such notification shall be given by the most expeditious
means to reach the utility owner's PERSON TO CONTACT no later than two normal business
days prior to the Contractor's commencement of operations in such general vicinity. The
Contractor shall furnish a written summary of the notification to the Engineer.
The Contractor's failure to give the two day's notice hereinabove provided shall be cause for
the Engineer to suspend the Contractor's operations in the general vicinity of a utility service
or facility.
111-32
Where the outside limits of an underground utility service have been located and staked on the
ground, the Contractor shall be required to use excavation methods acceptable to the Engineer
within 3 feet (90 cm) of such outside limits at such points as may be required to ensure
protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer and
shall take all reasonable measures to prevent further damage or interruption of service. The
Contractor, in such events, shall cooperate with the utility service or facility owner and the
Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service
or facility due to his/her operations whether or not due to negligence or accident. The contract
owner reserves the right to deduct such costs from any monies due or which may become due
the Contractor, or his/her surety.
70-16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all
rights-of-way upon which the work is to be constructed in advance of the Contractor's
operations.
70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract
provisions or in exercising any power or authority granted to him by this contract, there shall
be no liability upon the Engineer, his/her authorized representatives, or any officials of the
owner either personally or as an official of the owner. It is understood that in such matters they
act solely as agents and representatives of the owner.
70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will
expeditiously make final inspection and notify the Contractor of final acceptance. Such final
acceptance, however, shall not preclude or estop the owner from correcting any measurement,
estimate, or certificate made before or after completion of the work, nor shall the owner be
precluded or estopped from recovering from the Contractor or his/her surety, or both, such
overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her
obligations under the contract. A waiver on the part of the owner of any breach of any part of
the contract shall not be held to be a waiver of any other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for
latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the
owner's rights under any warranty or guaranty.
70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state,
and local laws and regulations controlling pollution of the environment. He shall take necessary
precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils,
bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from
particulate and gaseous matter.
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70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this
subsection, the Contractor is advised that the site of the work is not within any property,
district, or site, and does not contain any building, structure, or object listed in the current
National Register of Historic Places published by the United States Department of Interior.
Should the Contractor encounter, during his/her operations, any building, part of a building,
structure, or object which is incongruous with its surroundings, he shall immediately cease
operations in that location and notify the Engineer. The Engineer will immediately investigate
the Contractor's finding and will direct the Contractor to either resume his/her operations or to
suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an
archaeological or historical finding, or order the Contractor to perform extra work, such shall
be covered by an appropriate contract modification (change order or supplemental agreement)
as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled
PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If
appropriate, the contract modification shall include an extension of contract time in accordance
with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of
Section 80.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the
work. The Contractor shall at all times when work is in progress be represented either in
person, by a qualified superintendent, or by other designated, qualified representative who is
duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be concurred in
by the su rety, shall be presented for the consideration and approval of the owner, and shall be
consummated only on the written approval of the owner. In case of approval, the Contractor
shall file copies of all subcontracts with the Engineer.
80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is
expected the Contractor will begin the construction and from which date contract time will be
charged. The Contractor shall begin the work to be performed under the contract within 10
days of the date set by the Engineer in the written notice to proceed, but in any event, the
Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction
operations will begin.
80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall
submit his/her progress schedule for the Engineer's approval within 10 days after the effective
date of the notice to proceed. The Contractor's progress schedule, when approved by the
Engineer, may be used to establish major construction operations and to check on the progress
of the work. The Contractor shall provide sufficient materials, equipment, and labor to
guarantee the completion of the project in accordance with the plans and specifications within
the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the
Engineer's request, submit a revised schedule for completion of the work within the contract
time and modify his/her operations to provide such additional materials, equipment, and labor
necessary to meet the revised schedule. Should the prosecution of the work be discontinued
for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of
resuming operations.
For AI P contracts, the Contractor shall not commence any actual construction prior to the date
on which the notice to proceed is issued by the owner.
80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and
the operations of his/her subcontractors and all suppliers so as to provide for the free and
unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport.
When the work requires the Contractor to conduct his/her operations within an AIR
OPERATIONS AREA of the airport, the work shall be coordinated with airport management
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(through the Engineer) at least 48 hours prior to commencement of such work. The Contractor
shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the
necessary temporary marking and associated lighting is in place as provided in the subsection
titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS AREA
of the airport on an intermittent basis (intermittent opening and closing of the AIR
OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter
specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA;
immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure
to maintain the specified communications orto obey instructions shall be cause for suspension
of the Contractor's operations in the AI R OPERATIONS AREA until the satisfactory conditions
are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating
aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed
to aircraft operations intermittently as follows:
AOA
TIME PERIODS AOA CAN BE CLOSED
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA
CONTROL AUTHORITY
80-05 CHARACTER OF WORKERS. METHODS. AND EQUIPMENT. The Contractor shall,
at all times, employ sufficient labor and equipment for prosecuting the work to full completion
in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work assigned to
them. Workers engaged in special work or skilled work shall have sufficient experience in such
work and in the operation of the equipment required to perform the work satisfactorily.
All equipment which is proposed to be used on the work shall be of sufficient size and in such
mechanical condition as to met requirements of the work and to produce a satisfactory quality
of work. Equipment used on any portion of the work shall be such that no injury to previously
completed work, adjacent property, or existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are
not prescribed in the contract, the Contractor is free to use any methods or equipment that will
accomplish the work in conformity with the requirements of the contract, plans, and
specifications.
When the contract specifies the use of certain methods and equipment, such methods and
equipment shall be used unless others are authorized by the Engineer. If the Contractor
desires to use a method or type of equipment other than specified in the contract, he may
request authority from the Engineer to do so. The request shall be in writing and shall include
a full description of the methods and equipment proposed and of the reasons for desiring to
make the change. If approval is given, it will be on the condition that the Contractor will be
fully responsible for producing work in conformity with contract requirements. If, after trial use
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of the substituted methods or equipment, the Engineer determines that the work produced does
not meet contract requirements, the Contractor shall discontinue the use of the substitute
method or equipment and shall complete the remaining work with the specified methods and
equipment. The Contractor shall remove any deficient work and replace it with work of
specified quality, or take such other corrective action as the Engineer may direct. No change
will be made in basis of payment for the contract items involved nor in contract time as a result
of authorizing a change in methods or equipment under this subsection.
80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority
to suspend the work wholly, or in part, for such period or periods as he may deem necessary,
due to unsuitable weather, or such other conditions as are considered unfavorable for the
prosecution of the work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for
some unforeseen cause not otherwise provided for in the contract and over which the
Contractor has no control, the Contractor may be reimbursed for actual money expended on
the work during the period of shutdown. No allowance will be made for anticipated profits. The
period of shutdown shall be computed from the effective date of the Engineer's order to
suspend work to the effective date of the Engineer's order to resume the work. Claims for
such compensation shall be filed with the Engineer within the time period stated in the
Engineer's order to resume work. The Contractor shall submit with his/her claim information
substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim
to the owner for consideration in accordance with local laws or ordinances. No provision of this
article shall be construed as entitling the Contractor to compensation for delays due to
inclement weather, for suspensions made at the request of the Contractor, or for any other
delay provided for in the contract, plans, or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor shall
store all materials in such manner that they will not become an obstruction nor become
damaged in any way. He shall take every precaution to prevent damage or deterioration of the
work performed and provide for normal drainage of the work. The Contractor shall erect
temporary structures where necessary to provide for traffic on, to, or from the airport.
80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar
or working days allowed for completion of the work shall be stated in the proposal and contract
and shall be known as the CONTRACT TIME.
Should the contract time require extension for reasons beyond the Contractor's control, it shall
be adjusted as follows:
CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the
Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement
of the number of working days charged against the contract time during the week and
the number of working days currently specified for completion of the contract (the
original contract time plus the number of working days, if any, that have been included
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in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA
WORK).
The Engineer shall base his/her weekly statement of contract time charged on the
following considerations:
1) No time shall be charged for days on which the Contractor is unable to
proceed with the principal item of work under construction at the time for
at least 6 hours with the normal work force employed on such principal
item. Should the normal work force be on a double-shift, 12 hours shall
be used. Should the normal work force be on a triple-shift, 18 hours shall
apply. Conditions beyond the Contractor's control such as strikes,
lockouts, unusual delays in transportation, temporary suspension of the
principal item of work under construction or temporary suspension of the
entire work which have been ordered by the Engineer for reasons not the
fault of the Contractor, shall not be charged against the contract time.
2) The Engineer will not make charges against the contract time prior to the
effective date of the notice to proceed.
3) The Engineer will begin charges against the contract time on the first
working day after the effective date of the notice to proceed.
4) The Engineer will not make charges against the contract time after the
date of final acceptance as defined in the subsection titled FINAL
ACCEPTANCE of Section 50.
5) The Contractor will be allowed 1 week in which to file a written protest
setting forth his/her objections to the Engineer's weekly statement. If no
objection is filed within such specified time, the weekly statement shall be
considered as acceptable to the Contractor.
The contract time (stated in the proposal) is based on the originally estimated quantities
as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL
QUANTITIES of Section 20. Should the satisfactory completion of the contract require
performance of work in greater quantities than those estimated in the proposal, the
contract time shall be increased in the same proportion as the cost of the actually
completed quantities bears to the cost of the originally estimated quantities in the
proposal. Such increase in contract time shall not consider either the cost of work or
the extension of contract time that has been covered by change order or supplemental
agreement and shall be made at the time of final payment.
B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of
calendar days stated in the contract counting from the effective date of the notice
to proceed and including all Saturdays, Sundays, holidays, and nonwork days.
All calendar days elapsing between the effective dates of the Engineer's orders
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to suspend and resume all work, due to causes not the fault of the Contractor,
shall be excluded.
At the time of final payment, the contract time shall be increased in the same
proportion as the cost of the actually completed quantities bears to the cost of
the originally estimated quantities in the proposal. Such increase in the contract
time shall not consider either cost of work or the extension of contract time that
has been covered by a change order or supplemental agreement. Charges
against the contract time will cease as of the date of final acceptance.
C. When the contract time is a specified completion date, it shall be the date on
which all contract work shall be substantially completed.
If the Contractor finds it impossible for reasons beyond his/her control to
complete the work within the contract time as specified, or as extended in
accordance with the provisions of this subsection, he may, at any time prior to
the expiration of the contract time as extended, make a written request to the
Engineer for an extension of time setting forth the reasons which he believes will
justify the granting of his/her request. The Contractor's plea that insufficient time
was specified is not a valid reason for extension of time. If the Engineer finds
that the work was delayed because of conditions beyond the control and without
the fault of the Contractor, he may extend the time for completion in such amount
as the conditions justify. The extended time for completion shall then be in full
force and effect, the same as though it were the original time for completion.
80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as
specified in the contract, that any work remains uncompleted after the contract time (including
all extensions and adjustments as provided in the subsection titled DETERMINATION AND
EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and
proposal as liquidated damages will be deducted from any money due or to become due the
Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall
be considered as liquidation of a reasonable portion of damages that will be incurred by the
owner should the Contractor fail to complete the work in the time provided in his/her contract.
Permitting the Contractor to continue and finish the work or any part of it after the time fixed
for its completion, or after the date to which the time for completion may have been extended,
will in no way operate as a wavier on the part of the owner of any of its rights under the
contract.
80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered
in default of his/her contract and such default will be considered as cause for the owner to
terminate the contract for any of the following reasons if the Contractor:
A. Fails to begin the work under the contract within the time specified in the" Notice
to Proceed," or
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B. Fails to perform the work or fails to provide sufficient workers, equipment or
materials to assure completion of work in accordance with the terms of the
contract, or
C. Performs the work unsuitably or neglects or refuses to remove materials or to
perform anew such work as may be rejected as unacceptable and unsuitable, or
D. Discontinues the prosecution of the work, or
E. Fails to resume work which has been discontinued within a reasonable time after
notice to do so, or
F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or
insolvency, or
G. Allows any final judgment to stand against him unsatisfied for a period of 10
days, or
H. Makes an assignment for the benefit of creditors, or
I. For any other cause whatsoever, fails to carry on the work in an acceptable
manner.
Should the Engineer consider the Contractor in default of the contract for any reason
hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's
surety as to the reasons for considering the Contractor in default and the owner's intentions to
terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not proceed in
accordance therewith, then the owner will, upon written notification from the Engineer of the
facts of such delay, neglect, or default and the Contractor's failure to comply with such notice,
have full power and authority without violating the contract, to take the prosecution of the work
out of the hands of the Contractor. The owner may appropriate or use any or all materials and
equipment that have been mobilized for use in the work and are acceptable and may enter into
an agreement for the completion of said contract according to the terms and provisions thereof,
or use such other methods as in the opinion of the Engineer will be required for the completion
of said contract in an acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the work
under contract, will be deducted from any monies due or which may become due the
Contractor. If such expense exceeds the sum which would have been payable under the
contract, then the Contractor and the surety shall be liable and shall pay to the owner the
amount of such excess.
80-10 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the
contract or portion thereof by written notice when the Contractor is prevented from proceeding
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with the construction contract as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of work
in the contract, payment will be made for the actual number of units or items of work completed
at the contract price or as mutually agreed for items of work partially completed or not started.
No claims or loss of anticipated profits shall be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not
otherwise included in the contract) and moving equipment and materials to and from the job will
be considered, the intent being that an equitable settlement will be made with the Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not
incorporated in the work shall, at the option of the Contractor, be purchased from the
Contractor at actual cost as shown by receipted bills and actual cost records at such points
of delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her
responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and
concerning any just claim arising out of the work performed.
END OF SECTION 80
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SECTION 90
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be
measured by the Engineer, or his/her authorized representatives, using United States
Customary Units of Measurement or the International System of Units.
The method of measurement and computations to be used in determination of quantities of
material furnished and of work performed under the contract will be those methods generally
recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made
horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area
of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse
measurements for area computations will be the neat dimensions shown on the plans or
ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit field
conditions.
Unless otherwise specified, all contract items which are measured by the linear foot such as
electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured
parallel to the base or foundation upon which such items are placed.
In computing volumes of excavation the average end area method or other acceptable methods
will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe,
metal plate pipe culverts and arches, and metal cribbing will be specified and measured in
decimal fraction of inches.
The term" ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois.
All materials which are measured or proportioned by weights shall be weighed on accurate,
approved scales by competent, qualified personnel at locations designed by the Engineer. If
material is shipped by rail, the car weight may be accepted provided that only the actual weight
of material be paid for. However, car weights will not be acceptable for material to be passed
through mixing plants. Trucks used to haul material being paid for by weight shall be weighed
empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible
identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles
and measured therein at the point of delivery. Vehicles for this purpose may be of any size or
type acceptable to the Engineer, provided that the body is of such shape that the actual
contents may be readily and accurately determined. All vehicles shall be loaded to at least
their water level capacity, and all loads shall be leveled when the vehicles arrive at the point
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of delivery.
When requested by the Contractor and approved by the Engineer in writing, material specified
to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be
converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from
weight measurement to volume measurement will be determined by the Engineer and shall be
agreed to by the Contractor before such method of measurement of pay quantities is used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured
by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume
at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail shipments
will be used as a basis of measurement, subject to correction when bituminous material has
been lost from the car or the distributor, wasted, or otherwise not incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by volume,
subject to correction for loss or foaming, may be used for computing quantities.
Cement will be measured by the ton (kilogram) or hundredweight (kilogram).
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated
in the structure. Measurement will be based on nominal widths and thicknesses and the
extreme length of each piece.
The term" lump sum" when used as an item of payment will mean complete payment for the
work described in the contract.
When a complete structure or structural unit (in effect, "' lump sum" work) is specified as the
unit of measurement, the unit will be construed to include all necessary fittings and accessories.
Rental of equipment will be measured by time in hours of actual working time and necessary
traveling time of the equipment within the limits of the work. Special equipment ordered by the
Engineer in connection with force account work will be measured as agreed in the change order
or supplemental agreement authorizing such force account work as provided in the subsection
titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section.
When standard manufactured items are specified such as fence, wire, plates, rolled shapes,
pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc.,
such identification will be considered to be nominal weights or dimensions. Unless more
stringently controlled by tolerances in cited specifications, manufacturing tolerances established
by the industries involved will be accepted.
Scales forweighing 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.
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Scales shall be accurate within one-half percent of the correct weight throughout the range of
use. The Contractor shall have the scales checked under the observation of the inspector
before beginning work and at such other times as requested. The intervals shall be uniform in
spacing throughout the graduated or marked length of the beam or dial and shall not exceed
one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound
(454 grams). The use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and
the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing
the weighing equipment or suitable weights and devices for other approved equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform scales
shall be installed and maintained with the platform level and rigid bulkheads at each end.
Scales" overweighing" (indicating more than correct weight) will not be permitted to operate,
and all materials received subsequent to the last previous correct weighting-accuracy test will
be reduced by the percentage of error in excess of one-half of 1 percent.
In the event inspection reveals the scales have been" underweighing" (indicating less than
correct weight), they shall be adjusted, and no additional payment to the Contractor will be
allowed for materials previously weighed and recorded.
All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for
furnishing check weights and scale house; and for all other items specified in this subsection,
for the weighing of materials for proportioning or payment, shall be included in the unit contract
prices for the various items of the project.
When the estimated quantities for a specific portion of the work are designated as the pay
quantities in the contract, they shall be the final quantities for which payment for such specific
portion of the work will be made, unless the dimensions of said portions of the work shown on
the plans are revised by the Engineer. If revised dimensions result in an increase or decrease
in the quantities of such work, the final quantities for payment will be revised in the amount
represented by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation
provided for in the contract as full payment for furnishing all materials, for performing all work
under the contract in a complete and acceptable manner, and for all risk, loss, damage, or
expense of whatever character arising out of the nature of the work or the prosecution thereof,
subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section
70.
When the" basis of payment" subsection of a technical specification requires that the contract
price (price bid) include compensation for certain work or material essential to the item, this
same work or material will not also be measured for payment under any other contract item
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which may appear elsewhere in the contract, plans, or specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of
work vary from the quantities in the proposal, the Contractor shall accept as payment in full,
so far as contract items are concerned, payment at the original contract price for the accepted
quantities of work actually completed and accepted. No allowance, except as provided for in
the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made
for any increased expense, loss of expected reimbursement, or loss of anticipated profits
suffered or claimed by the Contractor which results directly from such alterations or indirectly
from his/her unbalanced allocation of overhead and profit among the contract items, or from
any other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED
ITEMS of Section 40, the Engineer shall have the right to omit from the work (order
nonperformance) any contract item, except major contract items, in the best interest of the
owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such item
from the work, the Contractor shall accept payment in full at the contract prices for any work
actually completed and acceptable prior to the Engineer's order to omit or non perform such
contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of
the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon
become the property of the owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for
all actual costs incurred for the purpose of performing the omitted contract item prior to the
date of the Engineer's order. Such additional costs incurred by the Contractor must be directly
related to the deleted contract item and shall be supported by certified statements by the
Contractor as to the nature the amount of such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in
accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the
contract prices or agreed prices specified in the change order or supplemental agreement
authorizing the extra work. When the change order or supplemental agreement authorizing the
extra work requires that it be done by force account, such force account shall be measured and
paid for based on expended labor, equipment, and materials plus a negotiated and agreed
upon allowance for overhead and profit.
A. Miscellaneous. No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no specific
allowance is herein provided.
B. Comparison of Record. The Contractor and the Engineer shall compare records
of the cost of force account work at the end of each day. Agreement shall be
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indicated by signature of the Contractor and the Engineer or their duly authorized
representatives.
C. Statement. No payment will be made for work performed on a force account
basis until the Contractor has furnished the Engineer with duplicate itemized
statements of the cost of such force account work detailed as follows:
1) Name, classification, date, daily hours, total hours, rate and extension for
each laborer and foreman.
2) Designation, dates, daily hours, total hours, rental rate, and extension for
each unit of machinery and equipment.
3) Quantities of materials, prices, and extensions.
4) Transportation of materials.
5) Cost of property damage, liability and workman's compensation insurance
premiums, unemployment insurance contributions, and social security tax.
Statements shall be accompanied and supported by a receipted invoice for all materials used
and transportation charges. However, if materials used on the force account work are not
specifically purchased for such work but are taken from the Contractor's stock, then in lieu of
the invoices the Contractor shall furnish an affidavit certifying that such materials were taken
from his/her stock, that the quantity claimed was actually used, and that the price and
transportation claimed represent the actual cost to the Contractor.
90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the
work progresses. Said payments will be based upon estimates prepared by the Engineer of
the value of the work performed and materials complete in place in accordance with the
contract, plans, and specifications. Such partial payments may also include the delivered
actual cost of those materials stockpiled and stored in accordance with the subsection titled
PAYMENT FOR MATERIALS ON HAND of this section.
No partial payment will be made when the amount due the Contractor since the last estimate
amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent of
such total amount will be deducted and retained by the owner until the final payment is made,
except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF
WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all
previous payments, shall be certified for payment. Should the Contractor exercise his/her
option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section,
no such 10 percent retainage shall be deducted.
When not less than 95 percent of the work has been completed the Engineer may, at his/her
111-46
discretion and with the consent of the surety, prepare an estimate from which will be retained
an amount not less than twice the contract value or estimated cost, whichever is greater, of the
work remaining to be done. The remainder, less all previous payments and deductions, will
then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive
partial payment based on quantities of work in excess of those provided in the proposal or
covered by approved change orders or supplemental agreements, except when such excess
quantities have been determined by the Engineer to be a part of the final quantity for the item
of work in question.
No partial payment shall bind the owner to the acceptance of any materials or work in place
as to quality or quantity. All partial payments are subject to correction at the time of final
payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this
section.
90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent
of the delivered cost of materials to be incorporated in the work, provided that such materials
meet the requirements of the contract, plans, and specifications and are delivered to
acceptable sites on the airport property or at other sites in the vicinity that are acceptable to
the owner. Such delivered costs of stored or stockpiled materials may be included in the next
partial payment after the following conditions are met:
A. The material has been stored or stockpiled in a manner c;lcceptable to the
Engineer at or on an approved site.
B. The Contractor has furnished the Engineer with acceptable evidence of the
quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
D. The Contractor has furnished the owner legal title (free of liens or encumbrances
of any kind) to the material so stored or stockpiled.
E. The Contractor has furnished the owner evidence that the material so stored or
stockpiled is insured against loss by damage to or disappearance of such
materials at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the owner's payment for such stored
or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for
furnishing and placing such materials in accordance with the requirements of the contract,
plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price
for such materials or the contract price for the contract item in which the material is intended
111-47
to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled
materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request
that the owner accept (in lieu of the 10 percent retainage on partial payments described in the
subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow
under the following conditions.
A. The Contractor shall bear all expenses of establishing and maintaining an escrow
account and escrow agreement acceptable to the owner.
B. The Contractor shall deposit to and maintain in such escrow only those securities
or bank certificates of deposit as are acceptable to the owner and having a value
not less than the 10 percent retainage that would otherwise be withheld from
partial payment.
C. The Contractor shall enter into an escrow agreement satisfactory to the owner.
D. The Contractor shall obtain the written consent of the surety to such agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted
in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section
50, the Engineer will prepare the final estimate of the items of work actually performed. The
Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her
objections to the final estimate which are based on disputes in measurements or computations
of the final quantities to be paid under the contract as amended by change order or
supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any)
in the measurement and computation of final quantities to be paid within 30 calendar days of
the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute
still exists, the Contractor may approve the Engineer's estimate under protest of the quantities
in dispute, and such disputed quantities shall be considered by the owner as a claim in
accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section
50.
After the Contractor has approved, or approved under protest, the Engineer's final estimate,
final payment will be processed based on the entire sum, or the undisputed sum in case of
approval under protest, determined to be due the Contractor less all previous payments and
all amounts to be deducted under the provisions of the contract. All prior partial estimates and
payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of the
subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the
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provisions of this subsection, such claims will be considered by the owner in accordance with
local laws or ordinances. Upon final adjudication of such claims, any additional payment
determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
END OF SECTION 90
111-49
SECTION 100
CONTRACTOR QUALITY CONTROL PROGRAM
100-01 GENERAL. When the specifications require a Contractor Quality Control Program,
the Contractor shall establish, provide, and maintain an effective Quality Control Program that
details the methods and procedures that will be taken to assure that all materials and
completed construction conform to contract plans, technical specifications and other
requirements, whether manufactured by the Contractor, or procured from subcontractors or
vendors. Although guidelines are established and certain minimum requirements are specified
herein and elsewhere in the contract technical specifications, the Contractor shall assume full
responsibility for accomplishing the stated purpose.
The intent of this section is to enable the Contractor to establish a necessary level of control
that will:
A. Adequately provide for the production of acceptable quality materials.
B. Provide sufficient information to assure both the Contractor and the Engineer that
the specification requirements can be met.
C. Allow the Contractor as much latitude as possible to develop his or her own
standard of control.
The Contractor shall be prepared to discuss and present, at the preconstruction conference,
his/her understanding of the quality control requirements. The Contractor shall not begin any
construction or production of materials to be incorporated into the completed work until the
Quality Control Program has been reviewed by the Engineer. No partial payment will be made
for materials subject to specific quality control requirements until the Quality Control Program
has been reviewed.
The quality control requirements contained in this section and elsewhere in the contract
technical specifications are in addition to and separate from the acceptance testing
requirements. Acceptance testing requirements are the responsibility of the Engineer.
100-02 DESCRIPTION OF PROGRAM.
A. General Description. The Contractor shall establish a Quality Control Program
to perform inspection and testing of all items of work required by the technical
specifications, including those performed by subcontractors. This Quality Control
Program shall ensure conformance to applicable specifications and plans with
respect to materials, workmanship, construction, finish, and functional
performance. The Quality Control Program shall be effective for control of all
construction work performed under this Contract and shall specifically include
su rveillance and tests required by the technical specifications, in addition to other
III-50
requirements of this section and any other activities deemed necessary by the
Contractor to establish an effective level of quality control.
B. Quality Control Program. The Contractor shall describe the Quality Control
Program in a written document which shall be reviewed by the Engineer prior to
the start of any production, construction, or off-site fabrication. The written
Quality Control Program shall be submitted to the Engineer for review at least
seven (7) calendar days before the Preconstruction Conference.
The Quality Control Program shall be organized to address, as a minimum, the following items:
A. Quality control organization;
B. Project progress schedule;
C. Submittals schedule;
D. Inspection requirements;
E. Quality control testing plan;
F. Documentation of quality control activities; and
G. Requirements for corrective action when quality control and/or acceptance
criteria are not met.
The Contractor is encouraged to add any additional elements to the Quality Control Program
that he/she deems necessary to adequately control all production and/or construction
processes required by this contract.
100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program
shall be implemented by the establishment of a separate quality control organization. An
organizational chart shall be developed to show all quality control personnel and how these
personnel integrate with other managemenVproduction and construction functions and
personnel.
The organizational chart shall identify all quality control staff by name and function, and shall
indicate the total staff required to implement all elements of the Quality Control Program,
including inspection and testing for each item of work. If necessary, different technicians can
be utilized for specific inspection and testing functions for different items of work. If an outside
organization or independent testing laboratory is used for implementation of all or part of the
Quality Control Program, the personnel assigned shall be subject to the qualification
requirements of paragraph 1 00-03a and 100-03b. The organizational chart shall indicate which
personnel are Contractor employees and which are provided by an outside organization.
III-51
The quality control organization shall consist of the following minimum personnel:
A. Program Administrator. The Program Administrator shall be a full-time employee
of the Contractor, or a consultant engaged by the Contractor. The Program
Administrator shall have a minimum of 5 years of experience in airport and/or
highway construction and shall have had prior quality control experience on a
project of comparable size and scope as the contract.
Additional qualifications for the Program Administrator shall include at least 1 of
the following requirements:
1) Professional engineer with 1 year of airport paving experience acceptable
to the Engineer.
2) Engineer-in-training with 2 years of airport paving experience acceptable
to the Engineer.
3) An individual with 3 years of highway and/or airport paving experience
acceptable to the Engineer, with a Bachelor of Science Degree in Civil
Engineering, Civil Engineering Technology or Construction.
4) Construction materials technician certified at Level III by the National
Institute for Certification in Engineering Technologies (NICET).
5) Highway materials technician certified at Level III by NICET.
6) Highway construction technician certified at Level III by NICET.
7) A NICET certified engineering technician in Civil Engineering Technology
with 5 years of highway and/or airport paving experience acceptable to
the Engineer.
The Program Administrator shall have full authority to institute any and all actions
necessary for the successful implementation of the Quality Control Program to
ensure compliance with the contract plans and technical specifications. The
Program Administrator shall report directly to a responsible officer of the
construction firm. The Program Administrator may supervise the Quality Control
Program on more than one project provided that person can be at the job site
within 2 hours after being notified of a problem.
B. Quality Control Technicians. A sufficient number of quality control technicians
necessary to adequately implement the Quality Control Program shall be
provided. These personnel shall be either engineers, engineering technicians, or
experienced craftsman with qualifications in the appropriate field equivalent to
NICET Level II or higher construction materials technician or highway
construction technician and shall have a minimum of 2 years of experience in their
III-52
area of expertise.
The quality control technicians shall report directly to the Program Administrator
and shall perform the following functions:
1) Inspection of all materials, construction, plant, and equipment for
conformance to the technical specifications, and as required by Section
1 00-06.
2) Performance of all quality control tests as required by the technical
specifications and Section 100-07.
Certification at an equivalent level, by a state or nationally recognized
organization will be acceptable in lieu of NICET certification.
C. Staffing Levels. The Contractor shall provide sufficient qualified quality control
personnel to monitor each work activity at all times. Where material is being
produced in a plant for incorporation into the work, separate plant and field
technicians shall be provided at each plant and field placement location. The
scheduling and coordinating of all inspection and testing must match the type and
pace of work activity. The Quality Control Program shall state where different
technicians will be required for different work elements.
100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated
construction schedule for all work activities. The schedule shall be prepared as a network
diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in
the contract. As a minimum, it shall provide information on the sequence of work activities,
milestone dates, and activity duration.
The Contractor shall maintain the work schedule and provide an update and analysis of the
progress schedule on a twice monthly basis, or as otherwise specified in the contract.
Submission of the work schedule shall not relieve the Contractor of overall responsibility for
scheduling, sequencing, and coordinating all work to comply with the requirements of the
contract.
100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all
submittals (e.g., mix designs, material certifications) and shop drawings required by the
technical specifications. The listing can be developed in a spreadsheet format and shall
include:
A. Specification item number;
B. Item description;
C. Description of submittal;
III-53
D. Specification paragraph requiring submittal; and
E. Scheduled date of submittal.
100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be
organized to provide inspections for all definable features of work, as detailed below. All
inspections shall be documented by the Contractor as specified by Section 100-07.
Inspections shall be performed daily to ensure continuing compliance with contract
requirements until completion of the particular feature of work. These shall include the following
minimum requirements:
A. During plant operation for material production, quality control test results and
periodic inspections shall be utilized to ensure the quality of aggregates and
other mix components, and to adjust and control mix proportioning to meet the
approved mix design and other requirements of the technical specifications. All
equipment utilized in proportioning and mixing shall be inspected to ensure its
proper operating condition. The Quality Control Program shall detail how these
and other quality control functions will be accomplished and utilized.
B. During field operations, quality control test results and periodic inspections shall
be utilized to ensure the quality of all materials and workmanship. All equipment
utilized in placing, finishing, and compacting shall be inspected to ensure its
proper operating condition and to ensure that all such operations are in
conformance to the technical specifications and are within the plan dimensions,
lines, grades, and tolerances specified. The Program shall document how these
and other quality control functions will be accomplished and utilized.
100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control
Program, the Contractor shall implement a quality control testing plan, as required by the
technical specifications. The testing plan shall include the minimum tests and test frequencies
required by each technical specification Item, as well as any additional quality control tests that
the Contractor deems necessary to adequately control production and/or construction
processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include
the following:
A. Specification item number (e.g., P-401);
B. Item description (e.g., Plant Mix Bituminous Pavements);
C. Test type (e.g., gradation, grade, asphalt content);
D. Test standard (e.g., ASTM or AASHTO test number, as applicable);
III-54
E. Test frequency (e.g., as required by technical specifications or minimum
frequency when requirements are not stated);
F. Responsibility (e.g., plant technician); and
G. Control requirements (e.g., target, permissible deviations).
The testing plan shall contain a statistically-based procedure of random sampling for acquiring
test samples in accordance with ASTM D 3665. The Engineer shall be provided the
opportunity to witness quality control sampling and testing.
All quality control test results shall be documented by the Contractor as required by Section
100-08.
100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of
all inspections and tests performed. These records shall include factual evidence that the
required inspections or tests have been performed, including type and number of inspections
or tests involved; results of inspections or tests; nature of defects, deviations, causes for
rejection, etc.; proposed remedial action; and corrective actions taken.
These records must cover both conforming and defective or deficient features, and must
include a statement that all supplies and materials incorporated in the work are in full
compliance with the terms of the contract. Legible copies of these records shall be furnished
to the Engineer daily. The records shall cover all work placed subsequent to the previously
furnished records and shall be verified and signed by the Contractor's Program Administrator.
Specific Contractor quality control records required for the contract shall include, but are not
necessarily limited to, the following records:
A. Daily Inspection Reports. Each Contractor quality control technician shall
maintain a daily log of all inspections performed for both Contractor and
subcontractor operations on a form acceptable to the Engineer. These
technician's daily reports shall provide factual evidence that continuous quality
control inspections have been performed and shall, as a minimum, include the
following:
1) Technical specification item number and description;
2) Compliance with approved submittals;
3) Proper storage of materials and equipment;
4) Proper operation of all equipment;
5) Adherence to plans and technical specifications;
III-55
6) Review of quality control tests; and
7) Safety inspection.
The daily inspection reports shall identify inspections conducted, results of
inspections, location and nature of defects found, causes for rejection, and
remedial or corrective actions taken or proposed.
The daily inspection reports shall be signed by the responsible quality control
technician and the Program Administrator. The Engineer shall be provided at
least one copy of each daily inspection report on the work day following the day
of record.
B. Daily Test Reports. The Contractor shall be responsible for establishing a
system which will record all quality control test results. Daily test reports shall
document the following information:
1) Technical specification item number and description;
2) Test designation;
3) Location;
4) Date of test;
5) Control requirements;
6) Test results;
7) Causes for rejection;
8) Recommended remedial actions; and
9) Retests.
Test results from each day's work period shall be submitted to the Engineer prior
to the start of the next day's work period. When required by the technical
specifications, the Contractor shall maintain statistical quality control charts. The
daily test reports shall be signed by the responsible quality control technician and
the Program Administrator.
100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall
indicate the appropriate action to be taken when a process is deemed, or believed, to be out
of control (out of tolerance) and detail what action will be taken to bring the process into
control. The requirements for corrective action shall include both general requirements for
operation of the Quality Control Program as a whole, and for individual items of work contained
III-56
in the technical specifications.
The Quality Control Program shall detail how the results of quality control inspections and tests
will be used for determining the need for corrective action and shall contain clear sets of rules
to gauge when a process is out of control and the type of correction to be taken to regain
process control.
When applicable or required by the technical specifications, the Contractor shall establish and
utilize statistical quality control charts for individual quality control tests. The requirements for
corrective action shall be linked to the control charts.
100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be
subject to surveillance by the Engineer at the point of production, manufacture or shipment to
determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality
control system in conformance with the requirements detailed herein and the applicable
technical specifications and plans. In addition, all items of materials, equipment and work in
place shall be subject to surveillance by the Engineer at the site for the same purpose.
Surveillance by the Engineer does not relieve the Contractor of performing quality control
inspections of either on-site or off-site Contractor's or subcontractor's work.
100-11 NONCOMPLIANCE.
A. The Engineer will notify the Contractor of any noncompliance with any of the
foregoing requirements. The Contractor shall, after receipt of such notice,
immediately take corrective action. Any notice, when delivered by the Engineer
or his/her authorized representative to the Contractor or his/her authorized
representative at the site of the work, shall be considered sufficient notice.
B. In cases where quality control activities do not comply with either the
Contractor's Quality Control Program or the contract provisions, or where the
Contractor fails to properly operate and maintain an effective Quality Control
Program, as determined by the Engineer, the Engineer may:
1) Order the Contractor to replace ineffective or unqualified quality control
personnel or subcontractors.
2) Order the Contractor to stop operations until appropriate corrective
actions is taken.
END OF SECTION 100
III-57
SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF
MATERIAL WITHIN SPECIFICATION LIMITS (PWL)
110-01 GENERAL. When the specifications provide for material to be sampled and tested
on a statistical basis, the material will be evaluated for acceptance in accordance with this
section. All test results for a lot will be analyzed statistically, using procedures to determine
the total estimated percent of the lot that is within specification limits. This concept, termed
percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is
computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified
number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U
for upper) for the particular acceptance parameter. From these values, the respective Quality
index(s) (QL for Lower Quality Index and/or QU for Upper Quality Index) is computed and the
PWL for the specified n is determined from Table 1.
There is some degree of uncertainty (risk) in the measurement for acceptance because only
a small fraction of production material (the population) is sampled and tested. This uncertainty
exists because all portions of the production material have the same probability to be randomly
sampled. The Contractor's risk is the probability that material produced at the acceptable
quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability
that material produced at the rejectable quality level is accepted.
It is the intent of this section to inform the Contractor that, in order to consistently offset the
Contractor's risk for material evaluated, production quality (using population average and
population standard deviation) must be maintained at the acceptable quality specified or higher.
In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet
the specified acceptance criteria when sampled and tested at the frequencies specified.
110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the
PWL is as follows:
A. Divide the lot into n sublots in accordance with the acceptance requirements of
the specification.
B. Locate the sampling position within the sublot in accordance with the random
sampling requirements of the specification.
C. Make a measurement at each location, or take a test portion and make the
measurement on the test portion in accordance with the testing requirements of
the specification.
D. Average all sublot values within the lot to find X by using the following formula:
X = (x1 + x2 + x3 + . . .xn) / n
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Where:
X = Average of all sublot values within a lot
x1 , x2 = Individual sublot values
n = Number of sublots
E. Find the standard deviation Sn by use of the following formula:
Sn = SQRT[(d1 *d1 + d2*d2 + d3*d3 + . . .dn*dn) / (n-1)]
Where:
Sn = standard deviation of the number of sublot values in the set
d1, d2 = deviations of the individual sublot values X1, X2 . . . from the
average value X
that is: d1 = (x1 - X), d2 = (xn - X) . . dn = (xn - X)
n = number of sublots
F. For single sided specification limits (i.e., L only), compute the Lower Quality
Index QL by use of the following formula:
QL = (X - L) / Sn
Where:
L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the
column appropriate to the total number (n) of measurements. If the value of QL falls between
values shown on the table, use the next higher value of PWL.
G. For double sided specification limits (i.e. Land U), compute the Quality Indexes
QL and QU by use of the following formulas:
QL = (X - L) / Sn and QU = (U - X) / Sn
Where:
Land U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits
(PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the
total number (n) of measurements, and determining the percent of material above PL and
percent of material below PU for each tolerance limit. If the values of QL fall between values
shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the
following formula:
PWL = (PU + PL) - 100
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Where:
PL = percent within lower specification limit
PU = percent within upper specification limit
EXAMPLE OF PWL CALCULATION
Project: Example Project
Test Item: Item P-401, Lot A.
A. PWL Determination for Mat Density.
1) Density of four random cores taken from Lot A.
A-1 96.60
A-2 97.55
A-3 99.30
A-4 98.35
n=4
2) Calculate average density for the lot.
x = (x1 + x2 + x3 + . . xn) / n
x = (96.60 + 97.55 + 99.30 + 98.35) /4
x = 97.95 percent density
3) Calculate the standard deviation for the lot.
Sn = SQRT[ ( (96.60 - 97.95)*(96.60 - 97.95) +
(97.55 - 97.95)*(97.55 - 97.95) +
(99.30 - 97.95)*(99.30 - 97.95) +
(98.35 - 97.95)*(98.35 - 97.95)) / (4 - 1)]
Sn = SQRT[ (1.82 + 0.16 + 1.82 + 0.16) /3]
Sn = 1.15
4) Calculate the Lower Quality Index QL for the lot. (L=96.3)
QL = (X -L) / Sn
QL = (97.95 - 96.30) / 1.15
QL = 1 .4384
111-60
5) Determine PWL by entering Table 1 with QL= 1.44 and n= 4.
PWL = 98
B. PWL Determination for Air Voids.
1) Air Voids of four random samples taken from Lot A.
A-1 5.00
A-2 3.74
A-3 2.30
A-4 3.25
2) Calculate the average air voids for the lot.
x = (x1 + x + x3 . . n) / n
x = (5.00 + 3.74 + 2.30 + 3.25) /4
x = 3.57 percent
3) Calculate the standard deviation Sn for the lot.
Sn = SQRT[ ( (3.57 - 5.00)*(3.57 - 5.00) +
(3.57 - 3.74)*(3.57 - 3.74) +
(3.57 - 2.30)*(3.57 - 2.30) +
(3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)]
Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) / 3]
Sn = 1 .12
4) Calculate the Lower Quality Index QL for the lot. (L= 2.0)
QL = (X - L) / Sn
QL = (3.57 - 2.00) / 1.12
QL = 1 .3992
5) Determine PL by entering Table 1 with QL = 1.40 and n = 4.
PL = 97
6) Calculate the Upper Quality Index QU for the lot. (U= 5.0)
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QU = (U - X) / Sn
QU = (5.00 - 3.57) /1.12
QU = 1.2702
7) Determine PU by entering Table 1 with QU = 1.27 and n = 4.
PU = 93
8) Calculate Air Voids PWL
PWL = (PL + PU) - 100
PWL = (97 + 93) - 100 = 90
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Positive Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
99 1.1541 1 .4700 1.6714 1.8008 1.8888 1 .9520
98 1 . 1524 1 .4400 1 .6016 1.6982 1.7612 1.8053
97 1 .1496 1 .41 00 1 .5427 1.6181 1 .6661 1.6993
96 1 .1456 1 .3800 1 .4897 1 .5497 1 .5871 1.6127
95 1 .1405 1.3500 1 .4407 1 .4887 1.5181 1 .5381
94 1 .1342 1 .3200 1 .3946 1 .4329 1.4561 1.4716
93 1 . 1269 1 .2900 1 .3508 1.3810 1.3991 1.4112
92 1.1184 1 .2600 1 .3088 1 .3323 1.3461 1 .3554
91 1 .1 089 1 .2300 1 .2683 1 .2860 1.2964 1 .3032
90 1 .0982 1 .2000 1.2290 1 .2419 1.2492 1 .2541
89 1.0864 1 .1700 1 .1909 1 . 1995 1 .2043 1 .2075
88 1 .0736 1 .1400 1 .1537 1 .1587 1.1613 1 .1630
87 1.0597 1. 11 00 1 .1173 1.1191 1 .1199 1 .1204
86 1 .0448 1 .0800 1.0817 1 .0808 1.0800 1 .0794
85 1 .0288 1 .0500 1 .0467 1.0435 1 .0413 1 .0399
84 1.0119 1 .0200 1.0124 1 .0071 1.0037 1 .0015
83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643
82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281
81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928
80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583
79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245
78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915
77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590
76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271
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75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958
74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649
73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344
72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044
71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747
70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454
Percent Within Positive Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164
68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877
67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592
66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310
65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031
64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753
63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477
62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203
61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931
60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660
59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391
58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122
57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855
56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592
55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322
54 0.1447 0.1200 0.1125 0.1 090 0.1070 0.1057
53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792
52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528
51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264
50 0.0 0.0 0.0 0.0 0.0 0.0
111-63
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Negative Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264
48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528
47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792
46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057
45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322
44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592
43 -0.2519 -0.2100 -0.1971 -0. 1 911 -0.1877 -0.1855
42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122
41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391
40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660
39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931
38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203
37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477
36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753
Percent Within Negative Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031
34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310
33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592
32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877
31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164
30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454
29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747
28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044
27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344
26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649
25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958
24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271
23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590
22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915
21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245
20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583
19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928
18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281
17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643
16 -1.0119 -1.0200 -1.0124 -1 .0071 -1.0037 -1 .0015
15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399
111-64
14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794
13 -1.0597 -1 . 11 00 -1 .1173 -1.1191 -1 .1199 -1 .1204
12 -1.0736 -1 .1400 -1 .1537 -1 .1587 -1.1613 -1 .1630
11 -1.0864 -1 .1700 -1 .1909 -1 .1995 -1.2043 -1 .2075
10 -1 .0982 -1.2000 -1.2290 -1.2419 -1 .2492 -1.2541
9 -1 .1 089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032
8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1 .3554
7 -1 .1269 -1 .2900 -1.3508 -1.3810 -1.3991 -1.4112
6 -1 .1342 -1.3200 -1.3946 -1 .4329 -1.4561 -1.4716
5 -1 .1405 -1.3500 -1 .4407 -1 .4887 -1.5181 -1.5381
4 -1 .1456 -1.3800 -1 .4897 -1 .5497 -1.5871 -1.6127
3 -1 .1496 -1 .4 1 00 -1.5427 -1.6181 -1.6661 -1.6993
2 -1 .1524 -1 .4400 -1.6016 -1.6982 -1.7612 -1.8053
1 -1.1541 -1.4700 -1.6714 -1.8008 -1 .8888 -1.9520
111-65
SECTION 120
CONSTRUCTION CONTRACT CLAUSES
~RPORTIMPROVEMENTPROGRAM
120-01 LABOR PROVISIONS
1 . Each Sponsor entering into a Construction Contract over Two Thousand Dollars
($2,000.00) for an Airport Development project is required to insert in the
Contract the following provisions from 29CFR 5.5. Each Contractor is to include
these provisions in each Construction Subcontract.
a. Minimum Wages
(1) All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act [29 CFR Part 3]), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section
1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to laborers or mechanics, subject to
the provisions of subparagraph a.(4) below; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds,
programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the
classification of Work actually performed, without regard to skill,
except as provided in paragraph d. of this clause. Laborers or
mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the
time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in
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(2)
which work is performed. The wage determination (including any
additional classification and wage rates conformed under a.(2) of
this Section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the
site of the Work in a prominent and accessible place where it can
easily be seen by the workers.
(I)
The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage
determination and which is to be employed under the
Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(A) The Work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(B) The classification is utilized in the area by the
construction industry; and
(C) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the Contracting Officer
to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within thirty
(30) days of receipt and so advise the contracting officer or
will notify the Contracting Officer within the thirty (30) day
period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB control
number 1215-0140.)
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(iii) In the event the Contractor, the laborers or mechanics to
be employed in the classification or their representatives,
and the Contracting Officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits where appropriate), the
Contracting Officer shall refer the questions, including the
views of all interested parties and the recommendation of
the contracting officer, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within thirty (30)
days of receipt and so advise or notify the Contracting
Officer within the thirty (30) day period that additional time
is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (2)(ii) or (iii) of this
paragraph, shall be paid to all workers performing work in
the classification under this Contract from the first day on
which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which is
not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, that the Secretary of Labor has found, upon
the written request of the Contractor, that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account
assets for the meeting of obligations under the Plan or Program.
(Approved by the Office of Management and Budget under OMB
control number 1215-0140.)
b. Withholding. The Federal Aviation Administration (FAA) shall upon its
own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the Contractor
111-68
under this Contract or any other Federal Contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the Contract. In the
event of failure to pay any laborer or mechanic, including any apprentice,
trainee or helper, employed or working on the site of work, all or part of
the wages required by the Contract, the FAA may, after written notice to
the Contractor, Sponsor, Applicant, or Owner, take such action as may
be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.
(1) Payrolls and Basic Records relating thereto shall be maintained by
the Contractor during the course of the Work and preserved for a
period of three (3) years thereafter for all laborers and mechanics
working at the site of the Work. Such records shall contain the
name, address, and social security number of each such worker,
his or her correct classification hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described
in section 1 (b )(2)(B) 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 a(4) of this
clause that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1 (b)(2)(B) of the
Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that
the Plan or Program is financially responsible, and that the Plan or
Program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
orthe actual costs incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB control number 1215-0140
and 1215-0017.)
111-69
(2)
(I)
The Contractor shall submit weekly, for each week in which
any contract work is performed, a copy of all payrolls to the
Applicant, Sponsor, or Owner, as the case may be, for
transmission to the FAA. The payrolls submitted shall set
out accurately and completely all of the information required
to be maintained under paragraph c(1) above. This
information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, D.C. 20402. The prime
Contractor is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMB control number 1215-
0149. )
(ii) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract
and shall certify the following:
(A) That the payroll for the payroll period contains the
information required to be maintained under
paragraph c(1) above and that such information is
correct and complete;
(B) That each laborer and mechanic (including each
helper, apprentice and trainee) employed on the
Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either
directly or indirectly and that no deductions have
been made either directly or indirectly from the full
wages earned, other than permissible deductions as
set forth in Regulations 29 CFR Part 3;
(C) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage
determination incorporated into the Contract.
(iii) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph c.(2)(b)
111-70
of this section.
(iv) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required
under paragraph c.(1) of this section available for inspection,
copying or transcription by authorized representatives of the FAA
or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written
notice to the Contractor, sponsor, applicant or Owner, take such
action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29
CFR 5.12.
d. Apprentices and Trainees
(1) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the Work they performed when they
are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the bureau, or if a person is employed in his
or her first ninety (90) days of probationary employment as an
apprentice in such as apprenticeship program, who is not
individually registered in the program, but who has been certified
by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as
to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess
111-71
of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination
for the work actually performed. Where a Contractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the Work performed
until an acceptable program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the Work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater that permitted
under the Plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate
111-72
on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for
the Work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(3) Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with
the Equal Employment Opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
e. Compliance with Copeland Act Requirements. The Contractor shall
comply with the requirements of 29 CFR Part 3, which are incorporated
by reference in this Contract.
f. Subcontracts. The Contractor or Subcontractor shall insert in any
subcontracts the clauses contained in paragraphs a through j of this
Contract and such other clauses as the FAA may by appropriate
instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5.
g. Contract Termination: Debarment. A breach of the Contract clauses
in 29 CFR 5.5 may be grounds for termination of the Contract, and for the
debarment as a Contractor and a subcontractor as provided in 29 CFR
5.12.
h. Compliance with Davis-Bacon and Related Act Requirements. All
rulings and interpretations of the Davis-Bacon and Related Acts contained
in 29 CFR Parts 1 , 3, and 5 are herein incorporated by reference in this
Contract.
111-73
I. Disputes Concerning Labor Standards. Disputes arising out of the
labor standards provisions of this Contract shall not be subject to the
general disputes clause of this Contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth
in 29 CFR Parts 5,6 and 7. Disputes within the meaning of this clause
include disputes between the Contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the
employees of their representatives.
j. Certification of Eligibility.
(1) By entering into this Contract, the Contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the
Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3( a) of the Davis-Bacon
Act or 29 CFR 5.12(a) (1).
(2) No part of this Contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in Criminal
Code, 18 U.S.C. 1001.
2. The following clauses in paragraphs a., b., c., d., and e. below, required by the
Contract Work Hours and Safety Standards Act, will also be inserted in full in AlP
Construction contracts in excess of Two Thousand Dollars ($2,000.00) in
addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29.
As used in the following, the term "laborers" and "mechanics" include watchmen
and guards.
a. Overtime Requirements. No Contractor or subcontractor contracting for
any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any work week in which he or she is employed on
such work to work in excess of forty (40) hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than
one and one-half (1112) times the basic rate of pay for all hours worked in
excess of forty (40) hours in such work week.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the clause set forth in paragraph a. above, the
Contractor or any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be
111-74
liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph a.
above, in the sum of ten dollars ($10.00) for each calendar day on which
such individual was required or permitted to work in excess of the
standard workweek of forty (40) hours without payment of the overtime
wages required by the clause set forth in paragraph a. above.
c. Withholding for Unpaid Wages and Liquidated Damages. The FAA
shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be
withheld, from any monies payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph b. above.
d. Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs a. through d. and also
a clause requiring the subcontractor to include these clauses in any lower
tier subcontracts. The prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs a. through d.
e. Working Conditions. No contractor or subcontractor may require any
laborer and mechanic employed in the performance of any 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) issued by
the Department of Labor.
3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000,
the following is to be included in all contracts for work on airport development
projects involving labor:
Veterans Preference. In the employment of labor (except in executive,
administrative and supervisory positions), preference shall be given to veterans
of the Vietnam era and disabled veterans. However, this preference shall apply
only where the individuals are available and qualified to perform the Work to
which the employment relates.
111-75
120-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
A. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246. as amended).
1 . As used in these Specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this Contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP), U.S. Department of Labor, or any person of whom
the Director delegates authority;
c. "Employer Identification Number" means the Federal Social Security
number used on the Employer's Quarterly Federal Tax Return, U.S.
Treasury Department Form 941 ;
d. "Minority" includes:
1) Black (all persons having origins in any of the black African racial
groups not of Hispanic origin);
2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin regardless of
race) ;
3) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast, Asia, the Indian
Subcontinent, or the Pacific Islands); and
4) American Indian or Alaskan native (all persons having origins in any
of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation
or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a
portion of the Work involving any construction trade, it shall physically include in
each subcontract in excess of $1 0,000 (Ten Thousand Dollars) the provisions of
these Specifications and the notice which contains the applicable goals for
minority and female participation and which is set forth in the solicitations from
which this Contract resulted.
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3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all work
in the plan area (including goals and timetables) shall be in accordance with that
plan for those trades which have unions participating in the Plan. Contractors
must be able to demonstrate their participation in and compliance with the
provisions of any such Hometown Plan. Each Contractor or subcontractor
participating in an approved plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve
each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other Contractors or subcontractors toward a goal in
an approved plan does not excuse any covered Contractor's or subcontractor's
failure to take good faith efforts to achieve the plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided
in paragraphs 7a through p of these Specifications. The goals set forth in the
solicitation from which this Contract resulted are expressed as percentages of
the local hours of employment and training of minority and female utilization the
Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors
performing construction work in geographical areas where they do not have a
federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice
form, and such notices may be obtained from any Federal Contract Compliance
Programs office or from Federal Procurement contracting officers. The
Contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by
a union with whom the Contractor has a collective bargaining agreement to refer
either minorities or women shall excuse the Contractor's obligations under these
Specifications, Executive Order 11246, as amended, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by the Contractor during the training period and the Contractor must have made
a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of
Labor.
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7. The Contractor shall take specific affirmative actions to ensure EEO. The
evaluation of the Contractor's compliance with these Specifications shall be
based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully and shall implement affirmative
action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents,
and other onsite supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or
in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the Contractor on its unions
have employment opportunities available, and maintain a record of the
organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers
of each minority and female off-the-street applicant and minority or female
referral from a union, a recruitment source, a community organization and
of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not employed by the
Contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement
has not referred to the Contractor a minority person or woman sent by
the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly includes minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources complied
under 7b above.
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f. Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it in
the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the Company's EEO policy and affirmative
action obligations under these Specifications with all employees having
any responsibility for hiring, assignment, layoff, termination, or other
employment decisions including specific review of these items with onsite
supervisory personnel such as superintendents, general foremen, etc.,
prior to the initiation of construction work on any job site. A written record
shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition
of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and subcontractors with
whom the Contractor does or anticipates doing business.
I. Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations, to schools with minority and female
students; and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and
tests to be used in the selection process.
j. Encourage present minority female employees to recruit other minority
persons and women and, where reasonable, provide after school,
summer, and vacation employment to minority and female youth both on
the site and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
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I. Conduct, at least annually, an inventory and evaluation, at least of all
minority and female personnel, for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and
other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor's obligations under these
Specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except
that separate or single-user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors, adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations which assist
in fulfilling one or more of their affirmative action obligations (7a through p). The
efforts of a contractor association, joint contractor-union, contractor-community,
or other similar groups of which the Contractor is a member and participant, may
be asserted as fulfilling anyone or more of its obligations under 7a through p of
these Specifications provided that the Contractor actively participates in the
group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor's minority and female
work force participation, makes a good faith effort to meet its individual goals
and timetables, and can provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the Contractor. The obligation to
comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide EEO and to take
affirmative action for all minority groups, both male and female, and all women,
both minority and non-minority. Consequently, the Contractor may be in violation
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of the executive order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its
goals for women generally, the Contractor may be in violation of the executive
order if a specific minority group of women is under utilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion,
sex, or national origin.
11 . The Contractor shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246, as
amended.
12. The Contractor shall carry out such sanctions and penalties for violation of these
Specifications and of the Equal Opportunity Clause, including suspension,
termination, and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the OFCCP. Any contractor who fails to carry out such sanctions
and penalties shall be in violation of these Specifications and Executive Order
11246, as amended.
13. The Contractor, in fulfilling its obligations under these Specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these Specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of the executive order, the
implementing regulations, or these Specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation, if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
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Development Block Grant Program).
B. Contractor Contractual Requirements. During the performance of this Contract, the
Contractor, for itself, its assignees and successors in interest (hereinafter referred to
as the "Contractor") agrees as follows:
1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and
made a part of this Contract.
2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by
it during the Contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the Contract
covers a program set forth in Appendix 3 of the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF
MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding
or negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligation under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. INFORMATION AND REPORTS. The Contractor shall provide all information
and reports required by the Regulations or Directives issued pursuant thereto
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Sponsor or the FAA
to be pertinent to ascertain compliance with such regulations, orders, and
instructions. Where any information required of a Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the sponsor
shall impose such Contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the Contract until the
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Contractor complies, and/or
b. Cancellation, termination, or suspension of the Contract, in whole or in
part.
6. INCORPORATION OF PROVISIONS. The Contractor shall include the
provisions of Paragraphs 1. through 5. in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the Sponsor or
the FAA may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the Contractor may request the Sponsor to enter into
such litigation to protect the interests of the Sponsor and, in addition, the
Contractor may request the United States to enter into such litigation to protect
the interests of the United States.
C. Equal Employment Opportunity Clause. During the performance of this Contract the
Contractor agrees as follows:
1 . The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination, rates of payor other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
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, religion, sex, or
national origin.
3. The Contractor will send, to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising that said labor union or workers'
representatives of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246, as
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amended, of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive
Order 11246, as amended, of September 24, 1965, 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 FAA and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations and
orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract or with any of the said rules, regulations, or orders, this Contract
may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246, as amended, of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246, as amended, of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding
paragraph 1. and the provisions of Paragraph 1. through 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,
as amended, of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the FAA may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
FAA, the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be
posted by the Contractor in a conspicuous place available to employees and applicants
for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this
poster will be furnished to contractors at the Pre-Construction Conference.
E. Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246. as Amended).
1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set forth herein.
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2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate work force in each trace on all
construction work in the covered area are as follows:
Timetables
Goals for minority
participation for
each trade 30.4 %
Goals for Female
participation in
each trade 6.9 %
These goals are applicable to all the Contractor's construction work (whether or
not it is Federal or Federally assisted) performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of
the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the
Contractor also is subject to the goals for both its Federally involved and
nonfederally involved construction.
The Contractor's compliance with the executive order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the
goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the Contract, and in each trade,
and the Contractor shall make a good faith effort to employ minority and women
evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from female employees or trainees
from contractor to contractor or from project to project, for the sole purpose of
meeting the Contractor's goals, shall be a violation ofthe Contract, the Executive
Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will
be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director, OFCCP, within
ten (10) working days of award of any construction subcontract in excess of
$1 0,000 (Ten Thousand Dollars) at any tier of construction subcontract in excess
of $10,000 (Ten Thousand Dollars) at any tier of construction work under the
Contract resulting from this solicitation. The notification shall list the name,
address, telephone number of the subcontractor; employer identification number
of the subcontractor, estimated dollar amount of the subcontracts; estimated
starting and completion dates of the subcontract; and the geographical area in
which the subcontract is to be performed.
4. As used in this notice and in the Contract resulting from this solicitation, the
"covered area" is in Key West. Monroe County, State of Florida.
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F. Required Reports.
1 . Monthly Employment Utilization Reports (SF 257). This Report is to be
prepared on Form CC 257 ( Rev. 9-78) and sent to the Area Office, Federal
Contract Compliance Program (OFCCP) that serves the geographical area in
which this project is located. The Report is due by the fifth day of each month
after work has commenced. The Contractor will be advised further regarding this
Report including the address of the OFCCP Area Office, at the Pre-Construction
Conference.
2. Annual EEO-1 Report. Contractors/subcontractors working on Federally-
assisted airport construction projects are required to file with the sponsor
annually, on or before March 31, complete and accurate reports on Standard
Form 100 (Employee Information Report, EEO-1). The first such report is
required within thirty (30) days after award unless the Contractor/subcontractor
has submitted such a report within twelve (12) months preceding the date of
award (the FAA or Department of Labor, OFCCP can designate other intervals).
This form is normally furnished based on a mailing list, but can be obtained from
the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401
E. St., NW, Washington, D.C. 20507 or by calling (703)756-6020. This report
is required if a Contractor or subcontractor meets all of the following conditions:
a. Nonexempt. Contractors/subcontractors are not exempt based on 41
CFR 60-1.5, and
b. Number of Employees. Has fifty (50) or more employees,
c. Contractor/Subcontractor. Is a prime contractor or first tier
subcontractor, and
d. Dollar Level. There is a contract, subcontract, or purchase order
amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a
depository of government funds in any amount, or is a financial institution
which is an issuing and paying agent for U.S. Savings Bonds and Savings
Notes. Some subcontractors below the first tier who work at the site are
required to file if they meet the requirements of 41 CFR 60-1.7.
3. Records. The FAA or Department of Labor OFCCP may require a Contractor
to keep employment or other records and to furnish, in the form requested within
reasonable limits, such information as necessary.
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G. Requirement for Certification of Nonsegregated Facilities.
1. Notice to Prospective Federally Assisted Construction Contractors.
a. Certification of Nonsegregated Facilities must be submitted prior to the
award of a federally assisted construction contract exceeding $10,000
(Ten Thousand Dollars) which is not exempt from the provisions of the
equal opportunity clause.
b. Contractors receiving federally assisted construction contract awards
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from
the provisions of the Equal Opportunity Clause will be required to provide
for the forwarding of the following notice to prospective subcontractors for
supplies and construction contracts where the subcontracts exceed
$10,000 (Ten Thousand Dollars) and are not exempt from the provisions
of the Equal Opportunity Clause.
2. Notice to Prospective Subcontractors of Requirement for Certification of
Nonsegregated Facilities.
a. A Certificate of Nonsegregated Facilities must be submitted prior to the
award of subcontract exceeding $10,000 (Ten Thousand Dollars) which
is not exempt from the provisions of the Equal Opportunity Clause.
b. Contractors receiving federally assisted construction contract awards
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from
the provisions of the equal opportunity clause will be required to provide
for the forwarding of the following notice to prospective subcontractors for
supplied and construction contracts where the subcontracts exceed
$10,000 (Ten Thousand Dollars) and are not exempt from the provisions
of the equal opportunity clause.
NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed
and furnished to the Owner with the Proposal.
Certification of Non-Segregated Facilities
The Construction Contractor certifies that he does not maintain or provide, for his employees
segregated facilities at any of his establishments and that he does not permit his employees
to perform their services at any location, under his control where segregated facilities are
maintained. The Construction Contractor further certifies that he will not maintain or provide,
for his employees segregated facilities at any of his establishments and that he will not permit
his employees to perform their services at any location, under his control where segregated
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facilities are maintained. The construction contractor agrees that a breach of this certification
is a violation of the equal opportunity clause in this Contract. As used in this certification, the
term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directives or are in
fact segregated on the basis of race, color, religion, or national origin because of habit, local
customs, or any other reason. The Construction Contractor agrees that (except where he has
obtained identical certifications from proposed subcontractors for specific time periods) he will
obtain identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the
Equal Opportunity Clause and that he will retain such certifications in his files.
~~ {l. ~ Presidenf
Signature of Contractor Title
120-03 MISCELLANEOUS CONTRACT PROVISIONS
1. Airport Improvement Program Project (AlP). The Work in this Contract is
included in AlP Project No. 03-12-0037-1601 which is being undertaken and
accomplished by the Owner in accordance with the terms and conditions of a
grant agreement between the Owner and the United States, under the Airport
and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation
Regulations (14 CFR Part 152), pursuant to which the United States has agreed
to pay a certain percentage of the costs of the Project that are determined to be
allowable project costs under that Act. The United States is not a party to this
Contract and no reference in this Contract to the FAA or any representative
thereof, or to any rights granted to the FAA or any representative thereof, or the
United States, by the Contract, makes the United States a party to this Contract.
2. Consent to Assignment. The Contractor shall obtain the prior written consent
of the OWNER to any proposed assignment of any interest in or part of this
Contract.
3. Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), the Contractor shall give preference
to veterans of the Vietnam era and disabled veterans as defined in Section
515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982.
4. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in
the performance of this Contract.
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5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission
of an offer and/or execution of a Contract, certifies that it:
a. is not owned or controlled by one or more citizens or nationals of a
foreign country included in the list of countries that discriminates against
U.S. firms published by the Office of the United States Trade
Representative (USTR);
b. has not knowingly entered into any Contract or subcontract forthis project
with a Contractor that is a citizen or national of a foreign country on said
list, or is owned or controlled directly or indirectly by one or more citizens
or nationals of a foreign country on said list.
c. has not procured any product nor subcontracted for the supply of any
product for use on the Project that is produced in a foreign country on
said list.
Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded
to a contractor or subcontractor who is unable to certify to the above. If the
Contractor knowingly procures or subcontracts for the supply of any product or
service of a foreign country on the said list for use on the Project, the FAA may
direct, through the Sponsor, cancellation of the Contract at no cost to the
Government.
Further, the Contractor agrees that, if awarded a Contract resulting from this
solicitation, it will incorporate this provision for certification without modification
in each Contract and in all lower tier subcontracts. The Contractor may rely
upon the certification of a prospective subcontractor unless it has knowledge that
the certification is erroneous.
The Contractor shall provide immediate written notice to the Sponsor if the
Contractor learns that its certification or that of a subcontractor was erroneous
when submitted or has become erroneous by reason of changed circumstances.
The subcontractor agrees to provide immediate written notice to the Contractor,
if at any time it learns that its certification was erroneous by reason of changed
circumstances.
This certification is a material representation of fact upon which reliance was
placed when making the award. If it is later determined that the Contractor or
subcontractor knowingly rendered an erroneous certification, the FAA may direct,
through the Sponsor, cancellation of the Contract or subcontract for default at no
cost to the Government.
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Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render, in good faith, the certification required by
this provision. The knowledge and information of a Contractor is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
6. Subcontracts. The Contractor shall insure in each of his subcontracts the
provisions contained in Paragraphs A., C., and D. of this section and also a
clause requiring the subcontractors to include these provisions in any lower tier
subcontractors which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
7. Clean Air and Water Pollution Control Requirements for All Construction
Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand
Dollars).
Contractors agree:
a. That any facility to be used in the performance of the Contract or to
benefit from the Contract is not listed on the Environmental Protection
Agency (EPA) List of Violating Facilities.
b. To comply with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act and all
regulations issued thereunder.
c. That as a condition for award of a Contract, they will notify the awarding
official of the receipt of any communication from the EPA indicating that
a facility to be utilized for performance of or benefit from the Contract is
under consideration to be listed on the EPA List of Violating Facilities.
d. To include in any subcontract which exceeds $100,000 (One Hundred
Thousand Dollars), the requirements of (a), (b), and (c) above.
STANDARD CLAUSE FOR SOLICITATIONS. CONTRACTS. AND SUBCONTRACTS
REQUIRED FOR 49 CFR PART 29
Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion:
The Bidder/Offeror certifies, by submission of this proposal or acceptance of this
111-90
Contract, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded for participation in this
transaction by any Federal department or agency. It further agrees by submitting this
proposal that it will include this clause without modification in all lower tier transactions,
solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor
or any lower tier participant is unable to certify to this statement, it shall attach an
explanation to this solicitation/proposal.
END OF SECTION 120
111-91
SECTION 130
SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596)
and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54).
The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant,
appliances and methods of construction and for any damages which may result from their
failure or their improper construction, maintenance or operations.
The Contractor will be required to comply with the latest edition of Advisory Circular No.
150/5370-2C "Operational Safety of Airports with Emphasis on Safety During Construction".
In addition, the Contractor will be required to comply with all Safety and Security Requirements
stipulated in the Contractor's Safety and Security Requirements stated on Plan Sheet 2 of 11 ,
"Summary of Quantities, Safety and Security Notes",
END OF SECTION 130
111-92
SECTION 140
GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
also ensure that the insurance obtained will extend protection to all subcontractors engaged
by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of the work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide to the County as satisfactory evidence of the required insurance
either:
Certificate of Insurance, or
A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change or reduction in coverage unless a minimum of thirty (30) days' prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
111-93
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insureds" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County's Risk Manager.
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
Workers' Compensation Statutory Limits
WC1 Employer's Liability $100,000/$500,000/$100,000
WC2 X Employer's Liability $500,000/$500,000/$500,000
WC3 Employer's Liability $1,000,000/$1,000,000/$1,000,000
WCUSLH U.S. Longshoremen & Harbor
Workers Act Same as Employer's Liability
WCJA Federal Jones Act Same as Employer's Liability
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal injury
- Expanded Definition of Property Damage
. d . .
ReqUire limits:
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,OOO/occurrence
$ 50,000 property damage or
$500,000 combined single limit
GL3 X $ 500,OOO/person; $1 ,OOO,OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
111-94
R . dEd t
eQUlre n orsemen:
GLXCU X Underground, Explosion & Collapse (XCU)
GLUQ Liquor Liability
All endorsements are required to have the same limits as the basic policy.
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
R . d L' .
eQUlre Imlts:
VU $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
VL2 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 X $ 500,000/person; $1 ,OOO,OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
BR1 Builders' Risk Limits Equal to the risk completed project
MVC Motor Truck Cargo Limits Equal to the max. value of anyone shipment
PR01 Professional Liability $250,000/occurrence
PR02 $500,000/occurrence
PR03 $1,000,000/occurrence
POL1 Pollution Liability $500,000/occurrence
POL2 $1,000,000/occurrence
POL3 $5,000,000/occurrence
ED1 Employee $10,000
ED2 Dishonesty $100,000
GK1 Garage $300,000 ($25,000/vehicle)
GK2 Keepers $500,000 ($100,000/vehicle)
GK3 $1,000,000 ($250,000/vehicle)
MED1 Medical $500,000/$1,000,000 Agg.
MISCELLANEOUS COVERAGES
111-95
MED2 Professional $1,000,000/$3,000,000 Agg.
MED3 $5,000,000/$10,000,000 Agg.
IF Installation Floater Max. Value of Equip. Installed
VlP1 Hazardous $300,000 (Requires MCS-90)
VlP2 Cargo $500,000 (Requires MCS-90)
VlP3 Transporter $1,000,000 (Requires MCS-90)
Bll Bailee Liability Max. value of property
HKl1 Hangarkeepers' Liability $300,000
HKl2 $500,000
HKl3 $1,000,000
AIR1 Aircraft Liability $25,000,000
AIR2 $1,000,000
AIR3 $1,000,000
AE01 Architects' Errors & Omissions $250,000/occurrence/$500,OOO Agg.
AE02 $500,000/occurrence/$1 ,000,000 Agg.
AE03 $1 ,000,000/occurrence/$3,000,000 Agg.
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy:
POLICY: ~13& - 0 ~
DEDUCTIBLES~ 50D ~ ~o.:.lCV'\
Liability policies are L Occurrence - Claims Made /. ' C -/AP /
_~CA~~ ~l/\~ ~~ ~
Insurance !\\Jeney \ ~ ~~ s;Qn;.ture
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
R 6lA J. R tJ. V\V\ e..- I'v\ 0. V' k, It] ~, In <-
Bidder
-Iz~ (2-~
Signature
111-96
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state's
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V1 as
assigned by the AM. Best Company.
If the Contractor has been approved by the Florida Department of Labor as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor shall be
required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor will be required to submit updated financial statements
from the fund upon request from the County.
111-97
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
- Premises Operations
- Products and Completed Operations
- Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
111-98
VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
- Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
111-99
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities or the possibility of collapse of a structu re, the Contractor's General Liability
Policy shall include coverage forthe XCU (explosion, collapse and underground) exposures with
limits of liability equal to those of the General Liability Insurance Policy.
111-100
150.01
150.02
150.03
SECTION 150
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
DEFINITIONS OF TERMS
The terms used in this program have the meaning defined in 49 CFR Section
26.5.
OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23)
The County has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the U.S. Department of Transportation
(DOT), 49 CFR Part 26. The County has received Federal financial assistance
from the Department of Transportation, and as a condition of receiving this
assistance, the County has signed an assurance that it will comply with 49 CFR
Part 26.
It is the policy of the County to ensure that DBEs, as defined in part 26, have an
equal opportunity to receive and participate in DOT-assisted contracts. It is also
their -
To ensure nondiscrimination in the award and administration of DOT
assisted contracts;
To create a level playing field on which DBEs can compete fairly for DOT
assisted contracts;
To ensure that the DBE Program is narrowly tailored in accordance with
applicable law;
To ensure that only firms that fully meet 49 CFR Part 26 eligibility
standards are permitted to participate as DBEs;
To help remove barriers to the participation of DBEs in DOT assisted
contracts; and
To assist the development of firms that can complete successfully in the
market place outside the DBE Program.
Peter Horton, Airport Manager, has been delegated as the DBE Liaison Officer.
In that capacity, Mr. Horton is responsible for implementing all aspects of the
DBE program. Implementation of the DBE program is accorded the same priority
as compliance with all other legal obligations incurred by the County in its
financial assistance agreements with the Department of Transportation.
NON-DISCRIMINATION (Section 26.7)
The County will never exclude any person from participation in, deny any person
111-101
150.04
150.05
150.06
the benefits of, or otherwise discriminate against anyone in connection with the
award and performance of any contract covered by 49 CFR Part 26 on the basis
of race, color, sex, or national origin.
In administering its DBE program, the County will not, directly or through
contractual or other arrangements, use criteria or methods of administration that
have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE program with respect to individuals of a particular race,
color, sex, or national origin.
DBE PROGRAM UPDATES (Section 26.21)
We will continue to carry out this program until all funds from DOT financial
assistance have been expended. We will provide to DOT updates representing
significant changes in the program.
FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE
(Section 26.13)
The County has signed the following assurance, applicable to all DOT-assisted
contracts and their administration:
The County shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any DOT assisted contract
or in the administration of its DBE Program or the requirements of 49
CFR part 26. The recipient shall take all necessary and reasonable steps
under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT assisted contracts. The recipient's DBE Program,
as required by 49 CFR part 26 and as approved by DOT, is incorporated
by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon
notification to the County of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and
may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
US.C. 3801 et seq.)
REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29)
Contract Assurance
We will ensure that the following clause is placed in every DOT-assisted contract
and subcontract:
111-102
150-07
The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Prompt Payment
We will include the following clause in each DOT-assisted prime contract:
The prime contractor agrees to pay each subcontractor under this prime
contract no later than thirty (30) days from the receipt of each payment
the prime contractor receives from the County. The prime contractor
agrees further to return retainage payments to each subcontractor within
thirty (30) days after the subcontractor's work is satisfactorily completed.
Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the
County. This clause applies to both DBE and non-DBE subcontractors.
OTHER CONTRACT PROVISIONS
1 . Bidders List
If the recipient's DBE program provides for collecting information for a
bidders list by using a contract clause, the recipient should devise an
appropriate clause and include it in each DOT-assisted contract. DOT's
"Sample DBE Program" interpreting 49 CFR Section 26.11 lists various
methods by which a recipient can collect information for a bidders list.
Use of a contract clause is one such method. Recipients that choose to
use another method would not include such a clause in their DOT-assisted
contracts.
2. Good faith efforts
In accordance with 49 CFR Section 26.51, the recipient must meet the maximum
feasible portion of their overall goal through race-neutral means of facilitating
DBE participation. The recipient is not required to set a contract goal on every
DOT-assisted contract, but must set contract goals that will cumulatively result
in meeting any portion of the overall goal the recipient does not project meeting
through the use of race-neutral means. Contract goals may be established only
on those DOT-assisted contracts having sub-contracting possibilities.
When a contract goal is established pursuant to the recipient's DBE program, the
sample bid specification set forth below can be used to notify bidders/offerors
111-103
of the requirements to make good faith efforts. The forms that follow the
specification can be used to collect information necessary to determine whether
the bidder/offeror has satisfied these requirements. The sample specification is
intended for use in both nonconstruction and construction contracts for which a
contract goal has been established. Thus, it can be included in invitations for bid
for construction, in requests for architectural/engineering and other professional
services, and in other covered solicitation documents.
The requirements of 49 CFR Part 26, Regulations of the U.S. Department
of Transportation, apply to this contract. It is the policy of the County to
practice nondiscrimination based on race, color, sex, or national origin in
the award or performance of this contract. All firms qualifying under this
solicitation are encouraged to submit bids/proposals. Award of this
contract will be conditioned upon satisfying the requirements of this bid
specification. These requirements apply to all bidders/offerors, including
those who qualify as a DBE. A DBE contract goal of 0.0 percent has been
established for this contract. The bidder/offeror shall make good faith
efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to
meet the contract goal for DBE participation in the performance of this
contract.
The bidder/offeror will be required to submit the following information: (1)
the names and addresses of DBE firms that will participate in the
contract; (2) a description of the work that each DBE firm will perform; (3)
the dollar amount of the participation of each DBE firm participating; (4)
written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal; (5)
written confirmation from the DBE that it is participating in the contract as
provided in the commitment made under (4) and (5) if the contract goal
is not met, evidence of good faith efforts.
DBE participation in this contract may be in form of a prime contract,
subcontract, joint venture, or another arrangement that qualifies under 49
CFR Sections 26.55, "How is DBE participation counted toward goals?"
or 26.53(g), both of which are included as Attachment 2.
111-104
ATTACHMENT 1
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
UTILIZATION
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
V The bidder/offeror is committed to a minimum of 100 % OBE utilization on
this contract. ~ f-'f{\ \5 C-e-r- -H ~'e-d LV BS.
The bidder/offeror (if unable to meet the DBE goal of %) is commited
to a minimum of % DBE utilization on this contract and submits documentation
demonstrating good faith efforts.
Name of bidder/offeror's firm:
RDo.d R.u.V\r\~ MaJ- ki~ ~ :::CtU-.
)
State Registration NO.~ q S 8; 2 f..o
By ~'.\~ (l P(l-i;li~ALR-
Signature
Pr es: i ae.ni-
Title
111-105
ATTACHMENT 2
LETTER OF INTENT
Name of bidder/offeror's firm:--.f( n an Q L\ V1 f\.u M 0. r k I ''\')'' J-Yi C .
Address: d.. \ L\o. SUY\ V\J e\<'1 k ~\ vA./ ,\, U I' t-t: C
City:~\ e.o I \,l) c\ k r' State:B 0 rId a Zip: ~ ~ ~ L:, S-
Name of DBE firm: 1<00.0 KL\ () n e.r (\J\ III k.; "j $, ::r n Co .
Ad~ress: ll40 \\J V\. Y\J del k 8, \ vd'J ,\, u ,'k C
City; c...'-f 0.. y- W 6. {e y State:EoY"~ritJ, Zip: 3 ~ l t:o 5
Telephone:-'"l2- J- 4 Y I - ~ L -, cP
Description of work to be performed by DBE firm:
4rrod- rb.veYY1~nt- .Nlo.....bl\j~t (2t2m6Vt(!
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described
above. The estimated dollar value of this work is $ 39 . 5 ~ S. 2- 0 .
.
Affirmation
The above~named DBE firm affirms that it will perform the portion of the contract for the
estimated dollar values as stated above.
By
~(X~ l2 ~
(Signature)
9/E' So/'de n f-
(Title)
If the bidder/offeror does not receive award of the prime contract, any and all
, representations in this Letter of Intent and Affirmation shall be null and void.
(Submit this page for each DBE subcontractor.) R o~d R....( r'1 yl.;> r Y\i\",- y I,....; flj ~J ~ C.
\ ~ b I C\C\ /' iJf n' rYJ~ '
111-106
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SAVANNAH AIRPORT COMMISSION
Savannah International Airport
400 Airways Avenue' Savannah, GA 31408
Telephone (912) 964-0514. Fax (912) 964-0877
, e-mail: info@savannahairport.com . www.savannahairport.com
CHAIRMAN
NortOI1 Me!over
VICE-CHAIRMAN
Sylvester formey
COMMISSIONERS
Stephen S. Green
Yvette Johnson-Hagins
Joy R. Turner
LEGAL COUNSEL
James B. Blackburn
EXECUTIVE
DIRECTOR
PoIrick S. Grcham, A.A.E.
ASS'T EXECUTIVE
DIRECTOR
Daniel L Cae, Jr., A.A,E,
August 24, 2000
Ms, Lisa A. Porthouse, President
Road Runner Markings, Inc.
2140 Sunnydale Boulevard, Suite C
Clearwater, FL 33765-1209
RE:
Disadvantaged Business Enterprise - Certification
Dear Ms. Porthouse:
Based on our review and evaluation of the documents provided to us, we
are pleased to inform you that your company is hereby certified as a
Disadvantaged Business Enterprise.
Your certification will expire on August 24, 2003, at which time you will be
responsible for notifying the Commission of your desire to seek
recertification for another term. After hearing from you, we will then forward
i3 recer@c<ation form to you for completLo,n. This cE?rtificatiPD is :;lppr9v~dJQr -
Standard Industrial Class Code 1799, Special Trad~ Contractors, N,E.C" in
accordance with 13 CFR Part 121.
Any changes in your company's ownership, control, operation, address,
telephone number, or any changes that substantially alter the ownership
and/or control by the DBE principal must be filed with this office no later
than thirty (30) days after the change. In addition, prior to August 24th each
year, you must submit a "No Change/Notice of Change" Affidavit (copy
attached), affirming that there have been no changes in the firm's
circumstances affecting its ability to meet size, disadvantaged status,
ownership, or control requirements, in accordance with FAR Part 26.,
If you have any questions, please call.
OJCjr:djs
FR: DBE
S: 07/23
Enclosure
Subj: HCM DBE Certification
Date: 8/101009:21:10 AM Ea~ern Daylight Time
From: JJordan@TarTl>aAirportcom (Jim Jordan)
To: RRtvtarkings@aol.com
August 9,2000
Lisa A Porthouse
ROAD RUNNER MARKINGS, INC.
2140 Sunnydale BI\(j., Suite C
Cleaf'lNater, Florida 3376~1209
Dear Ms. Porthouse:
The HiRsborough County A\oiation Authority (HeM) has completed the re\oiew
of your fimfs appKcation for certification as a Disadvantaged Business
Enterprise (DBE) in accordance wth 49 CFR Part 26.
'Based on1he information subrritted, your firm has been certified as a DBE
under one of the followng,group classifications: OSE (othervAse socially or
econorrically disadvantaged), WaE, Black or African-American, Hispanic,
Arrerican Indian, Eskiroo..t\feut. natiw Hawaiian, Asian-Pacific, Asian-Indian
Jr Other Protected Groups defined by the United Sfates Congress.
Your firm is eligible to participate in HeM's DBE Program and HeM's DBE
lJirectory includes the name of your firm.
c\ery three (3) years, or on the renEMaI date stated below, your firm wll
be required to renew its DBE certification. Additionally, you are required
J submt a new application for certification at any time there is a change
1 O'M1ership or controf in your firm.
IF YOU HAVE AN E-MAIL ADDRESS, PLEASE PROVIDE ME WIIH THAT ADDRESS AS HCM
lENDS our N01lCES OF BIDS AND PROPOSALS BY E-MAIL.
If I can proYde any additional information or assistance, please contact me
t (813) 870-8738 or email me at JJordan@TarrpaAirportcom
Cordially ,
:ertification Date
08-09-2000
Date
Renewal
07-01-2002
3mes R Jordan, Jr.
Manager of Properties and Contra~.!S Adninistration
........... I mportant Notice u*...
'""'le Hiflsborough County A",ation Authority is a public agency subject to
I lapter 119 of Florida Statutes concerning public records.
e~mail messages are cO\ered under such laws and thus subject to disclosure.
I e-mail sent and recei\ed is captured by our serwr and kept as a public
I ,. ::ord.
ThwH.,. ".agu., 10. 1000 AnNrtca onn...: ARM.rtrl"". p...: 1
Panama City-Bay County
International Airport
Foreign Trade Zone fG5
July 6,2001
Ms. Lisa A. Porthouse
Road Runner Markings, Inc.
2140 Sunnydale Boulevard, Suite C
Clearwater, Florida 33765-1209
Dear Ms. Porthouse:
Thank: you for the documents you sent to the Panama City-Bay County Airport and
Industrial District requesting certification as a Disadvantaged Business Enterprise (DBE). Based
on the information you submitted, the Panama City-Bay County Airport and Industrial District is
pleased to announce that YO,U{' co1;IIpany has been certified as a DBE, which is subject to continued
eligibility, and also subject to actions of any other governmental agencies which may affect the
minority status of your finn. This certification enables the company to compete in subcontract
work as a minority owned and operated company. This is not a guarantee that your company will
receive work.
If at any time there is a change in the ownership and control of the company, a new
application for certification must be submitted. Please contact me if you have any questions.
Very truly yours,
p 0J1~ ;J€J'i ~cJ '
Paron Henderson
Director of Administration
CERTIFICATION EXPIRATION DATE:
JULY 31, 2002
~-~
-- ~
............
Phone: (850) 763-6751 · Fax: (850) 785-5674
3173 Airport Road. Box A · Panama City, FL 32405
st. Petersburg-Clearwater International Airport
TERMINAL BUILDING, SUITE 221, CLEARWATER, FLORIDA U.S,A, 33762
(727) 453-7800 FAX: (727) 453-7847 Web: www.stpete-clwairport.com
@
DAVID M. METZ
Director
August 23,2001
Lisa A. POlthouse
ROAD RUNNER MARKINGS, INC.
2140 Sunnydale Boulevard" Suite C
Clearwater, FL 33765-1209
Dear Ms. Porth.ouse
The St. Petersburg-Clearwater lntemational Airport has reviewed your certification by Tampa
Intemationa.l Airport, Savannah Airport Commission and Panama City-Bay County International
Airport. We have accepted their certification in accordance with 49 CFR Part, 26.
Based on this information you submitted, your firm has been certified as a DBE under one of the
following group classifications: OSE (otherwise socially or economically disadvantaged), WBE,
Black or African-American, Hispanic, American Indian, Eskimo, Aleut, native Hawaiian, Asiau-
Pacific, Asian-Indian or Other Protected Groups defined by the United States Congress,
......._".._,.,._..."..~Il~,........
._--.~~.w""''''i~~ .01.01 .....
1'~
Your firm is eligible to participate in St. Petersburg-Clearwater International Airports DBE
Program and SPCIA's DBE Directory includes the name of your firm.
Every three (3) years, or on the renewa.l date stated below, your firm will be required to renew its
DRE certification. Additionally, you are required to submit a new Schedule "An application for
certification at any time there is a change in ownership or control in your firm. This must be
forwarded to us without delay. If you desire recertification consideration, a new application
must be submitted to us ninety (90) days prior to expiration of your current certification for
agency review and considera.tion. If you ha.ve any question plea.se contact me at (727) 453-7805,
"."ereJ~!i~~"~W~")~~~~~;~"c,~!
trZo.;f ;f~0?~
Ms, G. Lynn Marschang
DBE Liaison Officer
Certification Date: August 23, 2001
Renewal Date: August 23, 2004
GLM/lm
Airports Council InternatIonal Mambar
/
CONTRACT DOCUMENTS
REMARK RUNWAY 9-27
AND MISCELLANEOUS MARKINGS
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
A.I.P. NO. 3-12-0037-1601
URS Corporation Contract No: C500004059.23
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR. GEORGE NEUGENT, DISTRICT 2
MS. NORA WilLIAMS, DISTRICT 4
MR. CHARLES "SONNY" MCCOY, DISTRICT 3
MS. MURRAY NELSON, DISTRICT 5
MS. DIXIE SPEHAR, DISTRICT 1
MAYOR
MAYOR PROTEM
MEMBER
MEMBER
MEMBER
Prepared by:
URS CORPORA TION
JUNE, 2001
VOLUME 2 OF 2
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
'l
FOR
REMARK RUNWAY 9-27
AND MISCELLANEOUS MARKINGS
A.I.P. NO. 3-12-0037-1601
URS Corporation Contract No: C500004059.23
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Prepared by:
URS CORPORA TION
JUNE, 2001
VOLUME 2 OF 2
~
TABLE OF CONTENTS
VOLUME I
D IVISI ON I .............. ............................................................. 81 D DOCU MENTS
DIVIS ION II... ... .............................................................................. CONTRACT
D IVISI ON III............ ................................................... GEN ERAL PROVIS IONS
VOLUME II
DIVISION IV ................................................................. SPECIAL PROVISIONS
DIVIS ION V. ........... ..........................................TECH N ICAL SPECI FI CATIONS
'\.;,
SPECIAL PROVISIONS
DIVISION IV
SPECIAL PROVISIONS
SP-1 - PROJECT GENERAL REQUIREMENTS.....................................................IV-2
SP-2 NOTICE TO PROCEED, CONSTRUCTION '~
PHASING AND WORK SEQUENCING .....................................................IV-21
SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES....................................IV-24
SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACiLITIES............. ............... .......... ...... ......... IV-25
SP-5 - RESIDENT PROJECT INSPECTION ........................................................IV-27
SP-6 - SAFETY AND SECURITY REQUIREMENTS ............................................IV-28
SP-7 - LIST OF DRAW INGS........................................................................... ...... IV-33
SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE .................................................IV-34
SP-9 - TEMPORARY FACILlTI ES ........................................................................ IV -35
SP-10 - DEWATERING.,......................................................................................... IV -40
SP-11 - PRECEDENCE OF DOCUMENTS ............................................................IV-41
SP-12 - FINAL PAY REQUESTS AND RELATED FORMS ....................................IV-42
IV-1
SPECIAL PROVISION NO.1
PROJECT GENERAL REQUIREMENTS
1. WORK LOCATION. The work will be performed at Key West International Airport
which is located between Flagler Avenue and South Roosevelt Boulevard, Florida, on
US Highway NO.1.
""
2. SCOPE OF WORK. The proposed work consists of runway, taxiways, and apron
pavement markings. Also includes miscellaneous pavement marking removal.
3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements
are stipulated in Special Provision No.2 included hereinafter.
4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this
contract shall be completed within thirty (30) calendar days as stipulated in Special
Provision Nos. 2 and 3.
5. PLANS. The plans included in this contract are listed in Special Provision NO.7.
6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All
existing cables, light fixtures, signs and related structures are to be protected by the
Contractor in accordance with the provisions contained in Special Provision NO.4.
7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor
shall be responsible for methods, m~ans, materials and procedures necessary to
protect all existing facilities, property, asphalt and concrete pavements, structures,
equipment, and finishes from any and all damage whatsoever arising from the
execution or non-execution of the work of this project.
The Contractor shall take all necessary precautions to protect asphalt and concrete
pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires
or treads shall be used wherever possible.
All conflicts discovered between existing underground utilities or structures and new
structures and other foundation work shall be immediately brought to the attention of
the Engineer who will then issue directions regarding a solution to the conflict(s).
IV-2
8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades
and measurements necessary for the proper prosecution and control of the work and
contracted for under these specifications.
The project layout surveying may be accomplished during daylight hours provided the
Contractor meets the following conditions:
A. The Contractor shall notify the Engineer and Airport Manager seventy-two (72)
hours in advance with dates and times surveying will be started so a NOTAM
can be issued.
B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway
9-27 or within 93' of any active taxiway centerline during the time the survey
work is being accomplished.
C. Only men and "hand tools" will be allowed within 125' of Runway 9-27
centerline, at the turn arounds and T/W's connectors.
D. Survey party members shall be equipped with hand-held radios and shall
continuously monitor the UNICOM and airline radio frequencies and pull back
men and survey equipment to a point 125' from the runway centerline during
aircraft operations.
E, No survey men or equipment will be allowed on the runway (100' wide) or
taxiway (50' wide) pavement during survey work periods unless authorized by
the Engineer.
F. No survey work shall be accomplished without the presence of the Engineer or
his authorized representative.
9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with
construction, the Contractor shall familiarize himself as to the existing conditions.
Should the Contractor discover any inaccuracies, errors or omissions between the
actual existing conditions and the Contract Documents, he shall within seven (7)
calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by
the Contractor shall be held as an acceptance of the existing conditions by the
Contractor.
IV-3
10. SAFETY AND PROTECTION.
A. Safety: Inasmuch as each work area will be accessible to and used by the
public, the Owner and other companies doing business at the Airport during the
construction period, it is the Contractor's responsibility to maintain each work
area in a safe, hazard free condition at all times. Should the Owner find the
area unsafe at any time, they will notify the Contractor, and the Contractor shall
take whatever steps necessary to remedy the unsafe condition. Should the
Contractor not be immediately available for corrective action, the Owner will
remedy the problem and the Contractor shall reimburse the Owner for the
expense of such correction.
B. Protection of Property: Fixed structures, equipment, paving, landscaping and
vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding
and other appropriate measures to ensure maximum protection of all property
and vehicles.
11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the
Contractor shall attend a pre-construction conference and bring with him the
superintendent employed for this project. In the event the Contractor is unable to
attend, he shall send a letter of introduction with the superintendent in which he
advises the superintendent's full name and states that he is assigned to the project
and will be in full responsible charge. This conference will be called by the Engineer or
Resident Project Representative (RPR), who will arrange for the Owner's
representative and other interested parties to be present. At this time, all parties will
discuss the project under contract and prepare a program of procedure in keeping with
requirements of the drawings and specifications. The superintendent will henceforth
make every effort to expeditiously coordinate all phases of the work, including the
required reporting procedure, to obtain the end result within the full purpose and intent
of the drawings and specifications for the project.
12. COORDINATION AND PROGRESS MEETINGS
A. General: The Engineer or RPR will prepare a written memorandum on required
coordination activities. Included will be such items as required notices, reports,
and attendance at meetings. This memorandum will be distributed to each
entity performing work at the project site.
B. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold
weekly general project coordination and progress meetings at regularly
scheduled times convenient for all parties involved. These meetings are in
addition to specific meetings held for other purposes, such as special project
meetings and special pre-installation meetings. The Engineer or RPR will
require representation at each meeting by every party currently involved in
coordination or planning for the work of the entire project. Meetings will be
conducted in a manner which will resolve coordination problems.
C. The Engineer or RPR will record results of the meeting and distribute copies to
IV-4
everyone in attendance and to others affected by decisions or actions resulting
from each meeting.
13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-
time Project Management Team consisting of a Project Superintendent and other
supervisory personnel for the duration of the Project. The names and qualifications of
this team for this work shall be submitted to the Owner as part of the Bidder
Qualification Form. They shall have a minimum of five (5) years of experience on
suitable projects of equal difficulty. The Project Superintendent shall be at the
construction site at all periods when work is in progress. This person shall have full
authority to act in the Contractor's behalf. It is agreed and understood that, if
requested in writing by the Owner, the Contractor shall replace any member of the
team with another meeting the required qualifications within three (3) days of the
receipt of the request.
14. SPECIAL REPORTS.
A. Reporting Unusual Events: When an event of an unusual and significant
nature occurs at the site, Contractor shall prepare and submit a special report to
the Engineer. List chain of events, persons participating, response by the
Contractor's personnel, an evaluation of the results or effects and similar
pertinent information. Advise the Owner and Engineer as soon as possible
when such events are known.
B. Submit special reports directly to the Owner within one day of occurrence.
Submit a copy of the report to the Engineer and other entities that are affected
by the occurrence within one day of the occurrence.
15. SCHEDULE OF WORK
A. Prepare and submit, in triplicate, for the Engineer's information, progress
schedules for the work.
B. Progress schedules shall relate to the entire project to the extent required by
the Contract Documents and shall provide for expeditious and practicable
execution of the work.
C. Progress schedules shall be updated monthly.
D. Percent complete shall be based on actual construction in place or dollar
volume of the work. If dollar volume of the work reflects the greater percent
complete, the maximum percent complete shall in no case exceed 5 percent of
the value of the in-place construction.
IV-5
16. PROGRESS SCHEDULE.
A. Preliminary Schedule: Within 15 days after date of Notice of Award and
Acceptance, the Contractor shall submit his preliminary network phasing
diagram (Preliminary Schedule) indicating a comprehensive overview of the
Project including an activity line for each of the work segments to be performed
at the site.
1) Arrange the schedule to indicate require'tl sequencing of work and to
show time allowances for submittals, inspections, and similar time
margins.
2) The submitted schedule shall be reviewed by the Engineer and Owner
for conformance to Critical Dates and overall project completion time
criteria. Lack of this information will be cause for rejection of the
schedule.
3) Following initial submittal of schedule to and response by the Engineer,
print and distribute the Progress Schedule to entities with a need-to-
know responsibility, including three (3) copies to the Engineer. Post in
temporary office space. Revise at intervals matching payment requests,
and redistribute and repost. Provide copies required with payment
requests.
17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be
updated on a monthly basis, and a copy thereof submitted with each of the
Contractor's Applications for Payment. The updated Progress Schedule shall not only
indicate revisions to the Schedule for 'upcoming work but show "as-built" schedule
progress data. The Engineer will not recommend for payment, by the Owner, an
Application for Payment without the Contractor's submission of a Monthly Schedule
Update.
A. If the Contractor's Monthly Schedule Update reflects, or the Engineer
determines, that the Contractor is at least ten percent (10%) behind the
original Progress Schedule or fourteen (14) or more calendar days
behind the original Progress Schedule for:
1) the work as a whole;
2) a major Contract item;
3) an item of work which is on the critical path; or
4) an item of work not on the original critical path that, because of
the delay or anticipated delay became a critical path item;
then the Contractor must submit with the Monthly Schedule Update his
proposed plan for bringing the work back on schedule and completing
IV-6
the Work within the Contract time.
B. The Progress Schedule shall be coordinated by the Owner's Project
Administrator with the overall schedule for the Airport Projects. The
Contractor is required to revise the Progress Schedule promptly in
accordance with the conditions of the work, subject to approval by the
Owner's Project Coordinator and the Engineer.
C. The Contractor shall comply fully with all tfme and other requirements of
the Contract Documents. Recommendation of an Application of
Payment of the Engineer and payment thereon by the Owner, without
the submission of a Monthly Schedule Update, shall not constitute a
waiver of the requirements of such updates, nor shall it relieve the
Contractor from the obligation to complete the Work within the Contract
Time.
D. Should a review of work indicate a critical path (milestone) item has
fallen behind the approved schedule; at the option of the Engineer; funds
equal to the established liquidated damages for the number of calendar
days behind schedule will be withheld until that critical path item is
brought back on schedule.
18. CHANGES IN THE SCHEDULE.
A. Minor Changes: Each week, prior to the weekly coordination meeting,
during the time of the contract, the Contractor shall notify the Engineer of
any minor changes that are anticipated in the schedule for the following
week. .
B. Major Changes: If for any reason, a major change in the approved
schedule is anticipated, the Contractor shall make the necessary
changes to the schedule and resubmit the revised schedule for approval.
Copies of the approved schedule shall be posted in the Contractor's field
office with completed work identified in colored pencil.
19. MAINTENANCE OF TRAFFIC.
A. The Contractor shall not obstruct nor create a hazard to any traffic during
the prosecution of the work and shall be responsible for repair of all
damage to existing pavement or facilities caused by his operations.
B. Beginning date of Contractor's Responsibility: the Contractor's
responsibility for maintenance of traffic shall begin on the day he starts
the work and continue until Final Completion and Acceptance of the
Project.
C. Sections Not Requiring Traffic Maintenance: the Contractor will not be
IV-7
required to maintain traffic over those portions of the Project where no
work is to be accomplished or where construction operations will not
affect aircraft operations. The Contractor, however, shall not obstruct
nor create a hazard to any traffic during the prosecution of the work and
shall be responsible for repair of any damage to existing pavement or
facilities caused by his operations.
D. Traffic During Construction: All construction vehicles are required to use
existing traffic routes. Normal traffic lane'~are not to be used as staging
areas for arriving delivery vehicles. The Contractor's employees shall
utilize the designated Contractor employee parking area.
E. Contractor Signing: The Contractor may furnish and install construction
traffic directional signs along the existing traffic route. The signs shall
depict Contractor's logo or name, directional arrows and "deliveries".
Signs shall be of sufficient size to have 6" high message and shall be
located at each decision point. All signs and their locations shall be
approved by the Engineer and Owner. NO OTHER SIGNS ARE
PERMITTED.
F. Material Deliveries: The Contractor shall make his own material and
equipment deliveries. No deliveries shall be made by vendors or
suppliers without escort by a representative of the Contractor.
G. Notification: On days when construction traffic is expected to be extra
heavy or when oversized pieces of equipment are to be delivered, give
minimum forty-eight (48), hours notice to the Engineer.
H. All Contractor's material orders for delivery to the work site will use as a
delivery address, the street name and number assigned to the access
point onto the airport. The name "KEY WEST INTERNATIONAL
AIRPORT" shall not be used in the delivery address at any time. This
will preclude delivery trucks from entering into aircraft operations areas
inadvertently. All Contractor material orders for the work site shall be
delivered to the areas designated as the Contractor's receiving area. All
deliveries shall be made only during the Contractor's working hours.
I. Interference Request:
1) The Contractor shall be responsible for notifying the Owner in
writing and securing approval for any and all interruptions or
interference with traffic (pedes-trian,. automobile, or other
necessary function of the Airport or any of the Airlines).
2) The request shall include a traffic control plan indicating
barricades, lighting and flagmen where required.
3) Such notification shall be made as soon as possible but in no
IV-8
case less than 48 hours prior to interference.
4) It is suggested that the Contractor utilize a standard form
addressed to the Owner with a blank space for a description of
the interference, the exact area affected, the exact times and
dates the interference will take place and blanks for the Owner's
approval. The forms shall be submitted in duplicate. No
interference will be allowed until the Contractor has received back
a copy of the approved interference request form.
~,
J. Personnel Traffic:
1) General: All construction personnel shall be restricted to
construction areas. They shall wear shirts with sleeves and long
pants at all times.
2) Use of Public Areas: The Contractor's workmen shall not utilize
public areas for taking their "work breaks" or "lunch breaks".
Areas for this purpose can be designated by the Owner upon
request. No Public Toilets shall be used by any workmen at any
time.
20. DAILY CLEAN-UP AND TRASH REMOVAL.
A. Debris from this work shall be promptly removed from the site at least
daily. It shall not be allowed to become a hazard to the safety of the
public.
B. The Contractor shall be responsible for clean-up and trash removal.
Accumulation of trash and debris will not be allowed and the Engineer or
RPR may at any time direct the Contractor to immediately remove his
trash and debris from the site of the work when in the opinion of the
Owner such trash constitutes a nuisance or in any way hinders the work
or the Airports operations. If the Contractor should fail to remove his
trash and debris from the site of the work in a timely manner, the Owner
may have this work performed and deduct the cost of such from
Contractor's payment.
21. CLEANING AND PROTECTION.
A. General: During handling and installation of work at the project site, clean and
protect work in progress and adjoining work on the basis of continuous daily
maintenance. Apply protective covering on installed work to ensure freedom
from damage or deterioration.
B. Clean and perform maintenance on installed work as frequently as necessary
through the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
IV-9
C. Limiting Exposure of Work: To the extent possible through appropriate control
and protection methods, supervise performance of the work in such a manner
and by such means which will ensure that none of the work, whether completed
or in progress, will be subjected to harmful, dangerous, damaging or otherwise
deleterious exposure during the construction period. Such exposures include,
where applicable, but not by way of limitation the following:
1) Excessive static or dynamic loading
'''''
2) Excessive internal or external pressures
3) Solvents
4) Chemicals
5) Light
6) Puncture
7) Abrasion
8) Heavy Traffic
9) Soiling
10) Combustion
11 ) Improper shipping or handling
12) Theft
13) Vandalism
D. Protection at Openings: Contractor shall provide protection at all openings in
structures and finishes to maintain the building weather and dust tight. All
protection shall be of solid material and substantial so that it will not be
disturbed by wind and weather normal to the area and season, and also tight
fitting to prevent noise infiltration.
E. Protection of Improvements:
1) Damage to Existing Facilities: Existing surfaces and materials of the
Owner's property not requiring work by the Contract Documents that is
damaged by the Contractor's operations shall be immediately repaired.
Repaired surfaces and materials shall match existing adjacent
undamaged surfaces and materials. Repair work shall be coordinated
with the Engineer and Owner with regard to time and method.
IV-10
2) Accidental Demolition: All structures or parts thereof that may become
damaged due to accident or Contractor's error shall be restored to their
original condition at no cost to the Owner. Materials and equipment
being used in the repair or replacement resulting from damage shall be
new and shall perform at the manufacturer's published capacities. If the
existing equipment or materials cannot be identified, or if unavailable,
the selection of the replacement will be subject to approval by the
Engineer in writing. '"
F. Overhead Protection
1) No cranes or other construction equipment shall cross over non-
construction personnel, their travel ways or ride systems.
2) The plan of operation of cranes and other hoisting equipment shall be
established in writing by the Contractor. This plan of operation shall be
subject to approval by the Engineer.
22. CONSERVATION AND SALVAGE
A. General: It is a requirement for supervision and administration of the Work that
construction operations be carried out with the maximum possible consideration
given to conservation of energy, water and materials. In addition, maximum
consideration shall be given to salvaging materials and equipment involved in
performance of the work but not incorporated therein. Refer to other sections
for required disposition of salvaged materials which are the Owner's property.
23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial
construction "acceptance" testing costs shall be borne by the Owner. An independent
testing laboratory selected and responsible to the Engineer shall perform all
"acceptance" testing required by the technical specifications or as directed by the
Owner and/or the Engineer.
24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of
testing under the following conditions:
A. If substitute materials or equipment are proposed by the Contractor, he shall '
pay the cost of all tests which may be necessary to satisfy the Engineer that
specification requirements are satisfied. ,The Contractor shall pay for the
Engineer's time spent in review and administrating such proposed substitution.
B. If materials or workmanship are used which fail to meet specification
requirements, the Contractor shall pay the cost of all testing deemed necessary
by the Engineer to determine the safety or suitability of the material or element.
C. The Contractor shall pay for all testing costs including, but not limited to, power,
fuel, and equipment cost which may be required for complete testing of all
equipment and systems for proper operation.
IV-11
D. The Contractor shall pay for all testing required for materials, job mix designs,
equipment, structures and related items included in all shop drawings and other
submittals as required by the Technical Specifications to be submitted and
approved by the Engineer prior to construction.
25. PROJECT DOCUMENTATION.
A. Project Drawings: The successful Contractor Will be furnished, at no charge,
four (4) copies of drawings and specifications. Additional copies may be
purchased at actual cost of reproduction.
A field set of drawings and specifications shall remain on the job site at all times
and shall be available at all times to the Engineer. The field set shall be
continuously updated to reflect the "as-built" condition of all work included in
this Contract. .
The Contractor shall immediately include plainly and conspicuously on the field
set of drawings, and at appropriate paragraphs in the specifications, all changes
or corrections made by addenda and change orders as they are issued.
Approved copies of all shop drawings and other submittals are to be kept on the
job site at all times and shall be available at all times to the Engineer.
Changes and deviations from the existing conditions shall be submitted in
writing for approval prior to installation. In no case shall any unspecified equip-
ment or materials be installed without prior approval by the Engineer.
B. Record Documents:
1) Definition: Record copies are defined to include those documents or
copies relating directly to performance of the work, which the Contractor
is required to prepare or maintain for the Owner's records, recording the
work as actually performed. In particular, record copies show changes in
the work in relation to the way in which shown and specified by the
original contract documents; and show additional information of value to
the Owner's records, but not indicated by the original Contract
Documents. Record copies include newly-prepared drawings (if any are
specified), marked-up copies of contract drawings, shop drawings,
specifications, addenda and change orders, marked-up product data
submittals, record samples, field records for variable and concealed
conditions such as excavations and foundations, and miscellaneous
record information on work which is otherwise recorded only
schematically or not at all.
2) Record Drawings: The Contractor shall maintain a set of Record
Drawings at the job site. These shall be kept legible and current and
shall be available for inspection at all times by the Engineer. Show all
IV-12
changes or work added on these Record Drawings in a contrasting color.
a) Mark-up Procedure: During progress of the work, maintain a
white-print set (blue-line or black-line) of contract drawings and
shop drawings, with mark-up of actual installations which vary
substantially from the work as originally shown. Mark whatever
drawing is most capable of showing actual physical condition,
fully and accurately. Where shop drawings are marked up, mark
cross-reference on contract drawings at corresponding location.
Mark with erasable colored pencil, using separate colors where
feasible to distinguish between changes for different categories of
work at the same general location. Mark-up important additional
information which was either shown schematically or omitted from
original drawings. Give particular attention to informa-tion on
work concealed, which would be difficult to identify or measure
and record at a later date. Note alternate numbers, change order
numbers and similar identification. Require each person
preparing the mark-up to initial and date the mark-up and indicate
the name of the firm. Label each sheet "PROJECT RECORD" in
1~1/2 inch high letters.
In showing changes in the work use the same legends as used on
the original drawings. Indicate exact locations by dimensions and
exact elevations by job datum. Give dimensions from a
permanent point.
b) Preparation of Transparencies: In preparation for certification of
substantial completion on the last major portion of the work,
review the completed mark-up of record drawings and shop
drawings with the Engineer. The Engineer will then proceed with
preparation of a full set of corrected transparencies for contract
drawings. The Engineer will date each updated drawing and label
each sheet "PROJECT RECORD" in 1-1/2 inch high letters.
Printing as required herein is the responsibility of the Engineer.
c) Copies, Distribution: Upon completion of transparency record
drawings, the Engineer shall prepare three blue-line or black~line
prints of each drawing, regardless of whether changes and
additional information were recorded thereon. The Engineer shall
then organize each of three copies into manageable sets, bind
with durable paper cover sheets, and print suitable titles and
dates. The mark-up set of prints maintained during the
construction period shall be bound in the same manner. The
Engineer will retain one copy set. At the completion of the
project, the Engineer shall submit one set of mylars and one set
of prints, with changes noted thereon, to the Owner.
3) Record Drawings shall contain the names, addresses and phone
IV-13
numbers of the General Contractor and the major sub-contractors.
4) The Engineer shall be the sole judge of the accept-ability of the Record
Drawings. Receipt and acceptance of the As-Built drawings is a pre-
requisite for Final Payment.
C. Record Specifications
1) During progress of the work, maintairi'l'one copy of specifications,
including addenda, change orders and similar modifications issued in
printed form during construction, mark-up variations (of substance) in
actual work in comparison with text of specifications and modifications as
issued. Give particular attention to substitutions, selection of options,
and similar information on work where it is concealed or cannot
otherwise be readily discerned at a later date by direct observation.
Note related record drawing information and product data where
applicable. Upon completion of the mark-up, submit to the Engineer for
the Owner's records. Label the front cover "PROJECT RECORD" in 1-
1/2 inch high letters.
2) Where the manual is printed on one side of the page only, mark
variations on blank left-hand pages of the Project Manual, facing printed
right-hand pages containing original text affected by variation.
D. Record Product Data
During progress of the work, maintain one copy of each product data submittal,
and mark-up significant variations in the actual work in comparison with
submitted information. Include both variations in product as delivered to site,
and variations from manufacturer's instructions and recommendations for
installation. Give particular attention to concealed products and portions of the
work which cannot otherwise be readily discerned at a later date by direct
observation. Note related change orders and mark-up of record drawings and
specifications. Upon completion of the mark-up, submit the complete set of
product data submittals to Engineer for the Owner's records. Label each data
submittal "PROJECT RECORD" in 1-1/2 inch high letters.
E. Record Sample Submittal
Immediately prior to the date(s) of substantial completion, the Engineer and
Owner's personnel will meet with the Contractor on site, and will determine if
any of the submitted samples maintained by the Contra,ctor during progress of
the work are to be transmitted to the Owner for record purposes. Comply with
the Engineer's instructions for packaging, identification marking, and delivery to
the Owner's sample storage space. Dispose of other samples in the manner
specified for disposal of surplus and waste materials, unless otherwise
indicated by the Engineer.
IV-14
F. Miscellaneous Record Submittals
Refer to other sections of these specifications for requirements of
miscellaneous record-keeping and submittals in connection with actual
performance of the work. Immediately prior to the date(s) of substantial
completion, complete miscellaneous records and place in good order, properly
identified and bound or filed, ready for continued use and reference. Submit to
the Engineer for the Owner's records. Categories of requirements resulting in
miscellaneous work records are recognized to include, but are not limited to, the
following:
1) Required field records on excavations, foundations underground
construction, wells and similar work.
2) Surveys by a Registered Land Surveyor establishing lines and elevations
of finished construction.
3) Inspection and Test Reports: Where not processed as shop drawings or
product data.
4) Asphalt or PCC concrete pavement or backfill mix design record and/or
certifications.
5) Concrete mix certifications.
G. Project Close-out
Close-out is hereby defined to include general requirements near end of
Contract Time, in preparation for final acceptance, final payment, normal
termination of contract, occupancy by the Owner and similar actions evidencing
completion of the work. Specific requirements for individual units of work are
specified in other sections. Time of close-out is directly related to substantial
completion, and therefore may be a single time period for the entire work or a
series of time periods for individual parts of the work which have been certified
as substantially complete at different dates. The time variation, if any, shall be
applicable to other provisions of this section.
H. Prerequisites to Substantial Completion
1) Prior to requesting the Engineer's inspection for certification of
substantial completion, for either entire work or portions thereof,
complete the following and list known exceptions in request:
a) In progress payment request coincident with, or first following the
date claimed, show 100% completion for the portion of work
claimed as "substantially completed", or list incomplete items,
value of incompleteness, and reasons for being incomplete.
IV-15
b) Include supporting documentation for completion as indicated in
the Contract Documents.
c) Submit statement showing accounting of changes to the Contract
Sum.
d) Advise the Owner of pending insurance change-over
requirements.'~
e) Obtain and submit releases enabling the Owner's full and
unrestricted use of the work and access to services and utilities,
including, where required, occupancy permits, operating certifi-
cates, and similar releases.
f) Deliver tools, spare parts, extra stocks of materials, removed light
fixtures, transformers and similar physical items to the Owner.
g) Make final change-over of locks and transmit keys to the Owner,
and advise Owner's personnel of change-over in security
provisions.
h) Complete start-up testing of systems, and instructions of Owner's
operating-maintenance personnel. Dis-continue, or change over
and remove from project site, temporary facilities and services,
along with construction tools and facilities, mock-ups, barricades
and similar elements.
2) Inspection Procedures: Upon receipt of the Con-tractor's request, the
Engineer will proceed with inspection or advise the Contractor of
prerequisites not fulfilled. Following initial inspection, the Engineer will
prepare a Certificate of Substantial Completion or advise the Contractor
of work which must be performed prior to issuance of the Certificate and
will perform a repeat inspection when requested and assured by the
Contractor that the work has been substantially completed. Results of
the completed inspection will form an initial "punchlist" for final
acceptance.
I. Prerequisites to Final Acceptance
1 ) Prior to requesting the Engineer's final inspection for certification of final
acceptance as required by the General Provisions, the Contractor shall
complete the following and list known exceptions in the request:
a. Submit certified copy of the Engineer's final punch list of itemized
work to be completed or corrected, stating that each item has
been completed or otherwise resolved for acceptance, endorsed
and dated by the Engineer.
IV-16
b. Complete final cleaning up requirements, including touch-up of
marred surfaces.
c. Touch-up and otherwise repair and restore marred exposed
finishes.
2) Re-inspection Procedures: Following '''lSubstantial Completion, the
Contractor shall correct or remedy all Punch list items to the satisfaction
of the Engineer and Owner within a two (2) week period after the Date of
Substantial Completion. If subsequent inspections are necessary after
the two week period in order to eliminate all deficiencies, the cost of all
subsequent inspections with respect to the Owner and Engineer's time
shall be paid by the Contractor. When ready, the Contractor shall
request in writing a final inspection of the work. Upon completion of
reinspection, the Engineer will prepare a Certificate of Final Acceptance
or advise the Contractor of work not completed or obligations not fulfilled
as required for Final Acceptance. If necessary, the procedures will be
repeated.
J. Prerequisites to Final Payment
1) Final Payment: Final Payment will be made after final acceptance of
the project by the Engineer and Owner upon request by the Contractor
on condition that the Contractor:
a) Furnish properly executed complete releases of lien from all
materialmen and subcontractors who have furnished materials or
labor for the Work and submit supporting documentation not
previously submitted and accepted. Include certificates of
insurance for products and completed operations where required.
b) Furnish the Contractor's Affidavit of Release of Liens (2 copies)
that all materialmen and subcontractors have been paid in full. In
the event they have not been paid in full, the Owner shall retain a
sufficient sum to pay them in full and at his option may make
direct payment as provided in Chapter 713, Florida Statutes, as ,
amended, to obtain complete releases of lien. This authorization
to make a direct payment is not an acknowledgement or waiver
by the Owner that an unpaid Subcontractor Material man may
seek payment from the Owner rather than from the Public
Construction Bond Surety as required by Sect. 255.05, F.S.
c) Furnish Contractor's Affidavit of Debts and Claims (2 copies).
d) Furnish required sets of record drawings and maintenance and
operating instructions of new mechanical equipment.
IV-17
e) Furnish guarantees signed by subcontractors, material suppliers,
and countersigned by the Contractor for operating equipment.
f) Submit specific warranties, workmanship-maintenance bonds,
maintenance agreements, final certifications and similar
documents.
'~
g) Furnish a signed guarantee, in form acceptable to Engineer and
Owner agreeing to repair or replace as decided by the Engineer,
all work and materials that prove defective within one (1) year (or
more) from the date of final acceptance, including restoration of
all other work damaged in making such repairs or replacements.
h) Furnish consent of Surety to final payment.
i) Submit updated final statement, accounting for final changes to
Contract Sum.
j) Submit evidence of final, continuing insurance coverage
complying with insurance requirements.
k) Certify that all Social Security, Unemployment and all other taxes
(City, State, Federal Government) have been paid.
I) Provide receipt, as applicable, of affidavits certifying all labor
standards of local, State, or Federal requirements have been
complied with by the Contractor.
m) Submit actual DBE participation percentages.
K. Record Document Submittals
Specific requirements for record documents are shown in the section,
PROJECT RECORD DOCUMENTS. Other requirements are indicated in the
'General Provisions. General submittal requirements are indicated in
"Submittals" sections. Do not use record documents for construction purposes;
protect from deterioration and loss in a secure, fire-resistive location; provide
access to record documents for the Engineer's reference during normal working
hours.
1) Record Drawings: The Engineer shall organize record drawing sheets
into manageable sets, bind with durable paper cover sheets, and print
suitable titles, dates and other identification on cover of each set.
2) Record Specifications: Upon completion of mark-up, submit to the
IV-18
Engineer for the Owners records.
3) Record Product Data: Upon completion of mark-up, submit a complete
set to the Engineer for the Owner's records.
4) Record Sample Submittal: Comply with the Engineer's instructions for
packaging, identification, marking, and delivery to the Owner's sample
storage space. .~
5) Miscellaneous Record Submittals: Complete miscellaneous records and
place in good order, properly identified and bound or filed, ready for
continued use and reference. Submit to the Engineer for the Owners
records.
6) Maintenance Manuals: Complete, place in order, properly identify and
submit to the Engineer for the Owner's records.
L. Close-out Procedures
General Operating and Maintenance Instructions: Arrange for each installer of
work requiring continuing maintenance or operation, to meet with the Owner's
personnel at the project site to provide basic instructions needed for proper
operation and maintenance of the entire work. Include instructions by
manufacturers representatives where installers are not expert in the required
procedures. Review maintenance manuals, record documentation and
materials, lubricants, fuel, identification system, control sequences, hazards,
cleaning and similar procedures and facilities. For operational equipment,
demonstrate start-up, shut-down, emergency operations, safety, economy,
efficiency adjustments, and similar operations. Review maintenance and
operations in relation with applicable warranties, agreements to maintain bonds,
and similar continuing commitments. Permit owner employees to video tape
ope rationing and maintenance instructions.
26. FINAL CLEANING.
A. Provide final cleaning of the work, at the time indicated, consisting of cleaning
each surface or unit of work to normal"clean" condition.
B. Removal of Protection: Remove temporary protection devices and facilities
which were installed during the course of the work to protect previous
completed work during the remainder of the construction period.
IV-19
c. Compliances: Comply with safety standards and governing regulations for
cleaning operations. Do not burn waste materials at site, bury debris or excess
materials on Owner's property. Do not discharge volatile or other harmful or
dangerous materials into drainage systems. Remove waste materials from site
and dispose of in a lawful manner.
Where extra materials of value remaining after the completion of the associated
work have become the Owner's property, dispose of these as directed by
Owner.
IV-20
SPECIAL PROVISION NO.2
NOTICE TO PROCEED, CONSTRUCTION
PHASING AND WORK SEQUENCING
'","
To avoid the Contractor from being held responsible for delays in obtaining the necessary
permits, and having these delays deducted from the total calendar days provided in the
contract to complete construction, two (2) Notice to Proceeds will be issued as follows:
NOTICE TO PROCEED
1. Notice to Proceed (Permits)
A Notice to Proceed will be issued ten (10) days after award of contract, for the
Contractor to pursue obtaining the necessary permits.
This Notice to Proceed shall allow the Contractor to obtain any necessary construction
permits which will be required to accomplish the work. Also, during this notice, the
Contractor shall order and deliver materials, equipment and supplies needed to
complete the work. No on-site construction activities shall be accomplished and the
Airport shall remain open to aircraft operations during this time.
2. Notice to Proceed (Construction)
Only after the Contractor has obtained all the necessary permits, will the Notice to
Proceed be issued, which shall state the date on which it is expected the Contractor
will begin the construction and from which date contract time will be charged.
This Notice to Proceed shall include all the construction activities necessary to
complete the work in accordance with the Contract Documents. Thirty (30) calendar
days will be allowed to complete the work included in this stage.
IV-21
WORK SEQUENCING
The work included in this Contract shall be accomplished in accordance with, but not limited
to, the following work sequencing:
Notice to Proceed (Permit)
1.
Obtain permits as required for construction.
".
2. Prepare and transmit all required shop drawings, submittals and certifications as
required by the Contract Documents to the Engineer for review and approval.
3. Place orders for the purchase and delivery of equipment, materials and supplies
required to complete the work in accordance with the Contract Documents.
4. Prepare his staging area and establish haul routes.
5. Mobilize equipment, materials and supplies in Contractor's staging area. No men,
equipment, materials or supplies will be allowed outside the staging area during this
time unless otherwise authorized by the Engineer.
Notice to Proceed (Construction)
1 . Construction SeQuence
This sequence shall include all the construction activities necessary to complete the
work in accordance with the contract 'documents. Thirty (30) calendar days will be
allowed to complete the work included in this stage.
Construction work under this project will be accomplished during night time on the
Runway 9-27 and during the daytime on taxiways. The construction work included in
this project has to be done as follows:
During the week of Fantasy Fest (October 31) the contractor shall coordinate with the
airport manager, RPR, and FBO's to isolate his work in some specific areas. The
airport manager may instruct the contractor to stop the work during this time. No
additional time and/or cost will be granted to the contractor.
Work to be Performed
1- The contractor shall give the Engineer 48 hours advanced written notice prior to
starting work in any area so that the appropriate NOT AMS may be issued by
the airport.
2- Any construction activity within 73' of an active taxiway edge or open
excavations in excess of 3 inches deep within the above area, will require
IV-22
closure of the affected taxiway, unless otherwise approved by airport
operations.
3- The contractor shall install a barricade line out of the taxiway obstacle free area
(73') to allow the contractor to work during airport normal operation hours.
4- No man, materials and equipment shall be allowed on Taxiway pavement
unless authorized by the Engineer or his authortzed representative.
5- Contractor shall remain in two-way radio contact with the control tower at all
times using ground control frequency 122.95.
6- The contractor shall have available at all times appropriate sweeping and
vacuum equipment to remove any dust or debris. An inspection shall be
performed by the owner representative to insure the taxiway and runway are
clear of any debris prior to opening each morning.
7- Prior to the departure of the first scheduled airline flight each morning
(approximately 6:00 am) the contractor shall locate men, material and
equipment to the staging area, and begin cleanup of the area that was worked
on. Contractor shall allow sufficient time to complete this task.
8- The contractor shall paint numbers, markings, and stripes on Runway 9-27 and
connectors. During this work the contractor shall work at nighttime when the
airport is closed.
9- The contractor shall paint and remove stripes and markings on non-movement
areas. It can be done during daytime.
1 0- The contractor shall have 30 consecutive, calendar days from the issuance of
the Notice to Proceed (Construction) to perform this work.
PAYMENT
No separate payment shall be made for the work included in this Special Provision. The costs
of all labor, equipment, materials and supplies associated with the work stipulated in this
section shall be included in the lump sum price quoted fo~ Item "P-1 01 , Mobilization" in the bid
proposal submitted for this project.
IV-23
SPECIAL PROVISION NO.3
CONTRACT TIME AND LIQUIDATED DAMAGES
CONTRACT TIME
NOTICE TO DESCRIPTION 'l. CONTRACT TIME
PROCEED TO COMPLETE
This notice shall allow the Contractor to obtain any necessary
construction permits which will be required to accomplish the
NOTICE TO work. Also, during this time, the Contractor shall order and
PROCEED deliver materials, equipment and supplies need to complete the A.S.A.P.
(PERMITS) work. No on-site construction activities shall be accomplished
and the Airport shall remain open to aircraft operations during
this notice.
This notice shall Include all construction activities necessary to
NOTICE TO complete the work In accordance with the contract documents. 30 Calendar
PROCEED Thirty (30) calendar days will be allowed to complete the work. Days
(CONSTRUCTION)
TOTAL CONTRACT TIME:
Schematic Construction Scheduling and Staging are included In the plans with the work
and operational constraints for Informal purposes only. They are intended to represent Maximum 30
viable construction sequence which the Contractor may elect to implement. The Calendar Days
Contractor shall ultimately be responsible for submittal of a detailed construction
schedule to the AlE for review and approval.
LIQUIDATED DAMAGES
If the work is not complete within thirty (30) Calendar Days, the Contractor will be assessed
liquidated damages listed below for each calendar day the work overruns the allotted contract
time.
NOTICE TO PROCEED
LIQUIDATED DAMAGES
Notice to Proceed
(Permit)
None (no on-site construction) activity is being
accomplished during this time.
Notice to Proceed
(Construction)
After 30 Calendar Days - $500.00 per day
IV-24
SPECIAL PROVISION NO.4
PROTECTION OF AIRPORT CABLES. CONTROLS. NAVAIOS
AND WEATHER BUREAU FACILITIES
A. The Contractor is hereby informed that there may be installed on the Airport FAA
NA V AIDS including, without limitation, airfield lighting~ystems, electric cables and
controls relating to such NAVAIOS and facilities. Such NAVAIOS and other facilities
and electric cables must be fully protected during the entire construction time. Work
under this contract can be accomplished in the vicinity of these facilities and cables
only at approved periods of time.
Approval is subject to withdrawal at any time because of change in the weather,
emergency conditions on the existing airfield areas, anticipation of emergency
conditions, and for any other reason determined by the Resident Project
Representative (RPR) acting under the orders and instructions of the airport
management and the designated FAA representative. Any instructions to this
contractor to clear any given area at any time by the RPR or the Airport Management
shall be immediately executed. Construction work will be commenced in the cleared
area only when additional instructions are issued by the Engineer.
B. Power and control cables leading to and from any FAA NAVAIOS and other facilities
have been located and shown from best available information and are approximate.
The Contractor shall verify actual locations. Through the entire time of this
construction, the Contractor shall not allow any construction equipment to cross power
and control cables leading to and from any FAA NAVAIOS or other facilities without
first protecting the cable with steel boiler plate, or similar structural devices, on three
(3') feet either side of the marked cable route. All excavation within three (3') feet of
existing cables shall be accomplished by hand digging only.
C. This Special Provision intends to make perfectly clear the need for protection of FAA
NA V AIDS and other facilities and cables by this contractor at all times.
O. The Contractor shall immediately repair, at his own expense, with identical material by
skilled workmen, any underground cables serving FAA NAVAIOS and other airport
facilities, which are damaged by his workmen, equipment, or work. Prior approval of
the FAA must be obtained for the materials, workmen, time of day or night, method of
repairs, and for any temporary or permanent repairs the Contractor proposed to make
to any FAA NA V AIDS and facilities damaged by the Contractor. Prior approval of the
Engineer must be obtained for the materials, workmen, time of day or night, and for the
method of repairs for any temporary or permanent repairs the Contractor proposes to
make to any other airport facilities and cables damaged by this Contractor. If any repair
requires splicing, it shall be spliced at the direction of the Engineer. No work shall be
backfilled or covered prior to approval by the Engineer.
IV-25
E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and
light fixtures on site to temporarily "jump" around damaged or cut cables and fixtures if
necessary to make the existing runway/taxiway/NAVAl OS systems operational during
scheduled aircraft operation periods.
'{
IV-26
SPECIAL PROVISION NO.5
RESIDENT PROJECT REPRESENTATIVE
1 . ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be
performed by the Engineer or his duly authorized representative.
'~
2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE lRPR). The RPR'S
Inspector's duties and responsibilities are to:
a. Monitor performance of the Contractor; require correction of work that does not
meet plans and specifications; and report serious problems to the Engineer and
Owner.
b. Determine test sites/locations, coordinate and supervise testing.
c. Interpret plans and specification details.
d. Resolve minor construction problems.
e. Maintain project records.
f. Review and approve requests for payment to the Contractor.
g. Conduct day-to-day constructio~ observations.
h. Maintain a project diary on a daily basis.
I. Maintain up-to-date records on quantities of work performed and quantities of
materials in place.
J. Contact Engineer for advice and assistance when needed and when major
problems arise.
k. Recommend to the Engineer when a Change Order or Supplemental
Agreement is required.
3. OFFICE. See Special Provision No.8 for Resident Engineer's (RPR) Office.
IV-27
SPECIAL PROVISION NO.6
SAFETY AND SECURITY REQUIREMENTS
1. SAFETY REQUIREMENTS
A. Construction Seauencing. All construction being accomplished under this
contract shall be in accordance with the sequencing indicated on the drawings.
B. Radio Communications. When working in an Air Operations Area (AOA),
whether closed or not, the Contractor shall maintain communications by two-
way radio with the Airport Radio Frequency during all hours of Radio Frequency
operations. The Contractor's radios shall be capable of operating on the
ground control frequency assigned to the Radio Frequency. The radio operator
shall be trained on the use of the radio, including the terminology normally used
on airports for ground control communications. If the Contractor is operating in
more than one general area on the airport at the same time, additional radios
shall be provided to allow coordination of work activities with the Airport
Frequency.
In addition to the above requirements for radios for use by Contractor's
personnel, the Contractor shall provide a similar two-way radio for exclusive use
by the Resident Inspector during normal working hours throughout the contract
time period.
C. Construction Activity and Aircraft Movements. During the time that the
Contractor is performing the work under this project, the Airport will remain in
use by aircraft except as provided herein. To the extent feasible and
convenient, in the opinion of the Engineer, the use by aircraft of runways and
taxiways adjacent to areas where the Contractor is working will be so scheduled
as to reduce disturbance to the Contractor's operations. Aircraft operations,
unless otherwise specified in the contract specifications, shall always have
priority over any and all of the Contractor's operations and the Contractor shall
not allow his employees, sub-contractors, materialmen or any other persons
over whom he has control, to enter or remain upon or allow any plant or
materials to be brought or remain upon any part of the airport which, in the
opinion of the Engineer, would be a hazardous location.
Should aprons, runways or taxiways be required for use of aircraft and should
the Engineer or Resident I nspector deem the Contractor to be too close to the
portion used by aircraft for safety, he may in his sole discretion order the
Contractor to suspend his operations, remove his personnel, plant, equipment
and materials to a safe distance and stand by until the runway and taxiways are
no longer required for use by aircraft.
IV-28
D. Limitations of Construction
1) All Contractor vehicles that are authorized to operate on the Airport
outside of the designated construction area limits or haul routes as
specified on the plans and in the active Aircraft Operations Area (AOA)
shall display in full view above the vehicle a 3' x 3' or larger orange and
white checkerboard flag, each checkerboard color being l' square. Any
vehicle operating in the active AOA duringthe hours of darkness shall be
equipped with a flashing amber (yellow) dome-type light mounted on top
of the vehicle and of such intensity to conform to local codes for
maintenance and emergency vehicles.
2) All Contractor vehicles that are required to cross active runways,
taxiways and approach clear zones shall do so under direct control of a
flagman. The flagman shall be trained and instructed by Airport
Operations in the regulations governing operations on the AOA and the
Airport. The flagman shall remain with his vehicle at all times. All
aircraft traffic on runways, taxiways and aprons shall have priority over
Contractor's traffic.
3) No runway, taxiway apron or aircraft roadway shall be closed without
written approval of the Airport Manager to enable necessary "Notices to
Airman" (NOT AM) or advisories to airport service or tenants. A minimum
of 48 hours' notice of requested closing shall be directed to the Engineer
who will coordinate the request with the Airport Manager.
4) Any construction activity within 200' of an active runway centerline or 93'
from an active taxiway centerline or open excavations in excess of three
inches (3") deep within the above areas will require closure of the
affected runway or taxiway unless otherwise approved by the Airport
Director. Closure requires the same provisions as Paragraph 3) above.
5) Open flames, welding or torch-cutting operations are prohibited unless
adequate fire and safety precautions have been taken and the procedure
approved by the Airport Manager.
6) Stockpiled material shall be constrained in a manner to prevent
movement resulting from aircraft blast or wind conditions in excess of 10
knots.
7) Open trenches, excavation and stockpiled material located in the AOA
shall be prominently marked with flags and lighted by approved light
units during hours of visibility and darkness.
IV-29
8) The Contractor must provide his authorized personnel with radios
operating on the local ground control frequency of 122.8 for clearance
when crossing active runways or taxiways.
9) Contractor to provide barricades across pavement to isolate construction
activities from aircraft operating areas at locations as determined by the
Resident Inspector. Barricades to be orange and white striped 8" x 8"
timber, "low-silhouette" type barricades"with battery operated yellow
flashing lights or approved equal. Each barricade shall have a minimum
of two flashing lights with the intensity of the lights being of such
brightness so as to be readily identified during darkness periods.
Barricades to be spaced approximately 20' on centers. Barricades to be
sandbagged as necessary to prevent being blown over. Barricades shall
be removed at individual locations as paving in the area is completed.
Cost of barricades shall be incidental and included in the mobilization
cost.
1 0) During runway closures, the Contractor shall provide temporary runway
closure markers on each runway end (over runway numerals) in
accordance with the special provisions of these specifications unless
otherwise approved by the Engineer.
11) Equipment and materials shall not be left on or within 500' from active
runway centerlines and 94' from active taxiway centerline after work
operations are ceased each work shift.
12) The Contractor shall kee'p all active airfield pavement clear of all debris,
stones and other materials during construction. All active pavement
shall be cleaned and inspected by the Contractor's superintendent prior
to release of work crews after each shift of work.
13) All construction barricades shall be inspected by the Contractor's
superintendent prior to release of work crews after each work shift to
ensure barricades are properly placed and lighted for non~work hours.
14) Open trenches, excavation and stockpiled material will not be allowed
within 200' of centerline of active runways or within 93' of active
taxiways. Coverings for open trenches must be of such strength as to
support the weight of a 60,000 pound gross weight aircraft on an FAA
dual-gear type undercarriage.
15) All existing facilities, equipment (runway/taxiway lights, visual aids,
NA V AIDS, etc.) and underground utilities shall be carefully protected by
the Contractor. Any damage to these items caused by the Contractor or
Sub-Contractors shall be immediately repaired and restored to a
condition similar or equal to the original condition.
IV-30
E. Payment. No separate payment shall be made for the safety requirements
stated above. All costs necessary to provide these items or services shall be
included in other bid items quoted in the Bid Proposal.
2. SECURITY REQUIREMENTS
A. General Intent. The Contractor shall comply with all security requirements
specified herein. The Contractor shall designate in writing the name of his
"Contractor Security Officer" (CSO). The CSO shall represent the Contractor
on the security requirements of the contract.
B. Construction Security Committee. The committee shall be established by the
Manager or Director concurrent with the life of this contract to monitor,
coordinate and adopt new security procedures relating to this contract. Meeting
shall be scheduled by the Manager or Director. Committee membership shall
include the CSO, the Manager or Director and such other personnel as the
Manager or Director may designate.
C Contractor Personnel Security Orientation. The CSO shall be responsible for
briefing all contractor personnel on these requirements and, from time to time,
other security provisions adopted by the Construction Security Committee. All
new contractor employees shall be briefed on these requirements prior to
working in the construction area.
D. Access to the Site. Contractor's access to the site shall be as shown on the
plans. No other access points shall be allowed unless approved by the
Manager or Director. All contractor traffic authorized to enter the site shall be
operated by personnel experienced in the route or guided by contractor
personnel. The Contractor shall be responsible for traffic control to and from
the various construction areas on airport property. The Contractor shall be
responsible for immediate clean-up of any debris deposited along any route
resulting from his construction traffic. Directional signing at the access point
and along the delivery route to the storage area or work sites shall be as
directed by the Resident Project Engineer or Representative.
E. Materials Delivery to the Site. All Contractor's material deliveries to the site
shall enter the airport only at designated gates and such deliveries shall be
escorted to the construction site by experienced contractor personnel.
F. Identification - Vehicles. The Contractor shall establish and maintain a list of
contractor and sub-contractor vehicles authorized to operate on the site.
Vehicle permits shall be assigned in a manner to assure positive control of all
vehicles at all times. Each vehicle shall display a large company sign on both
sides of vehicles. The CSO shall maintain a current list of companies
authorized to enter and conduct work on the airport. Employee personal
vehicles shall be parked in designated areas. These vehicles shall not enter
IV-31
the airfield at any time. All vehicles and equipment entering the job site shall
display the company's logo and/or name.
G. Identification - Personnel. The Contractor's onsite personnel shall be badged
with ID badges provided by the Contractor. The Contractor shall provide to the
manager or Director a five-year employee history verification on all supervisors.
All supervisors shall be required to attend an orientation training seminar
presented by Airport Management personnel: All other non-supervisory
personnel of the Contractor and his subcontractors shall be issued construction
work security badges supplied by the Contractor. The Contractor shall maintain
a master list of personnel issued badges and it shall be available for
examination during construction hours. All personnel shall wear the badges on
their outermost garment at all times while in the air operations area.
Responsibility for supply issuance, and control of identification badges shall be
that of the Contractor.
H. Manager or Director. The work on the Florida Keys Marathon Airport shall be
under the direction of the Airport Manager or his authorized agent(s).
I. Contractor shall maintain security at all times during construction.
J. Payment. No separate payment for the above security requirements shall be
made. All costs necessary to cover these items and services shall be included
as part of other bid items quoted in the Bid Proposal.
IV-32
SPECIAL PROVISION NO.7
LIST OF DRAWINGS
The drawings which show the location, character, dimensions and details of the work to be
done and which are to be considered as a part of the contract supplementary to the
specifications are as follows: ,"'"
Sheet
No.
Description
1
2
3
4
5
6
Cover Sheet
Index of Drawings, Summary of Quantities, Safety Area Plan
Pavement Marking Layout Plan Sta. 0+00 to Sta. 13+00
Pavement Marking Layout Plan Sta. 13+00 to Sta. 27+00
Pavement Marking Layout Plan Sta. 27+00 to Sta. 41 +00
Pavement Marking Layout Plan Sta. 41 +00 to Sta. 48+01.17
Pavement Marking Details
IV-33
SPECIAL PROVISION NO.8
RESIDENT ENGINEER'S (RPR) OFFICE
1. The Contractor shall furnish office space (300 square foot minimum) for the exclusive
use of the Resident Engineer(s) (RPR) as a field office. The space shall be furnished
and maintained by the Contractor and shall be erected and ready for full occupancy
not later than ten (10) days after the Notice-to-ProceeCJ of Construction is issued.
A. Office Eauipment and Utilities. Provide all necessary power for lighting, for
power outlets, for heating and cooling; provide adequate heating, cooling and
ventilating equipment, drinking fountain, water, lavatory, toilet facilities,
telephone and OSHA approved fire extinguisher.
B. Office Furniture. Provide two desks with chairs, two drafting tables with stools,
plan racks, shelves, a fire-resistant three-drawer legal size filing cabinet with
locks (U.L. approved), FAX machine and a telephone answering machine.
C. Services. Provide and pay all costs for private telephone service for project-
related calls, water, electricity, janitorial service and all janitorial and sanitary
supplies.
2. BASIS OF PAYMENT. The cost of the field office, the equipment, furniture and
services shall be incidental and included in the overall cost of the pay items in the
project.
3. OWNERSHIP. The equipment and furniture shall remain the property of the
Contractor, shall be maintained by the Contractor and removed by the Contractor after
the final acceptance of the project.
IV-34
SPECIAL PROVISION NO.9
TEMPORARY FACILITIES
1. GENERAL DEFINITIONS
A. This section specifies certain minimum temporary facilities to be provided
regardless of methods and means selected for performance of the work but not
by way of limitation and not assured for compliance with governing regulations.
Use of alternate temporary facilities may be permitted subject to the Engineer's
and Owner's approval and acceptance.
B. Energy Considerations: Administer the use of temporary facilities in a manner
which conserves energy but without delaying work or endangering persons or
property; comply with reasonable requests by the Engineer and Owner.
C. Costs: Except as otherwise indicated, costs associated with temporary facilities
are the Contractor's. Temporary facilities remain the property and responsibility
of the Contractor.
D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust
to other areas of the airport complex.
E. Noise Control: Where work is being conducted in or adjacent to occupied
areas, the Contractor shall make every effort to keep construction noise to a
minimum. '
F. Fire Protection: In addition to temporary water service for construction and the
placing of permanent fire protection facilities in operating condition at earliest
feasible date, provide fire extinguishers of types and sizes recommended by
NFPA or any other governing authority or agency.
Provide Type A extinguishers in field offices and for similar exposures, Type
ABC in construction areas. Locate extinguishers near each entrance. Prohibit
smoking except in marked, non-hazardous areas. Smoking in existing premises
is prohibited.
G. Environmental Protection: Review exposure to possible environmental
problems with the Engineer and Owner. Establish procedures and discipline
among tradesmen and provide needed facilities which will protect against
environmental problems (pollution of air, water and soil, excessive noise and
similar problems).
IV-3S
2. TEMPORARY PROTECTION
Provide facilities and services as necessary to effectively protect project from losses
and persons from injury during the course of construction.
The existing utilities shall not be modified for use by the Contractor. Do not interrupt
existing services serving occupied or used facilities except when authorized in writing
by the Owner. Provide temporary services during interruptions to existing utilities as
acceptable to the Owner.
The Contractor shall furnish electrical and water utilities as required and provide
temporary power, telephone and system connections where required by the Owner to
continue operation of existing equipment or systems during construction.
3. TEMPORARY STAGING/STORAGE AREAS
A. The Contractor may provide a trailer or prototype building field office for his
own use. The location of the field office or building must be approved by the
Engineer and Owner. All costs for connection to utilities shall be paid for by the
Contractor. Water, electric and telephone will be available on site.
Equipment not in use during construction, nights and/or holidays shall be
parked in areas designated by the Engineer and Owner. Construction workers'
private vehicles shall be parked within the areas.
B. During construction, the Contractor shall maintain these areas in a neat
condition. '
The Contractor's vehicles, equipment and materials shall be stored in the areas
designated by the Engineer. Upon completion of the work, the staging and
storage areas shall be cleaned up and returned to their original condition to the
satisfaction of the Owner. Remove all construction fencing and barricades from
the project site. No special payment will be made for clean~up and restoration
of the storage area.
Personal vehicles will not be permitted beyond the Contractor's parking area.
Drivers of vehicles being operated beyond this area shall be subject to loss of
permission to enter the construction site.
C. If additional storage areas are needed, the Contractor may request it from the
Engineer. The request will be reviewed on the basis of what is to be stored and
the area needed. The Contractor shall provide any necessary fencing and/or
security.
IV-36
4. TEMPORARY CONSTRUCTION FACILITIES
A. De-watering: Maintain construction work free of water accumulation. Do not
endanger the work or adjacent properties.
B. Miscellaneous Facilities: Provide miscellaneous facilities as needed including
ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures,
platforms, temporary partitions and similar item~;
5. TEMPORARY SUPPORT FACILITIES
A. General: Provide facilities and services as may be needed to properly support
the primary construction process and meet governing regulations.
B. Drinking Water: Provide either pipe-connected potable water fountains or
electric cooled bottled water fountains or insulated potable water containers in
work areas spaced so that personnel at the site will travel no more than 300
feet.
C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's
staging and storage areas located on the drawings for the use of workmen
during the entire period of construction. Temporary facilities shall be furnished
at a minimum ratio of one toilet for each 25 workmen or as required by local
governing code, whichever is greater. The toilets shall be portable, chemical
type or water-borne type connected to an approved existing sanitary sewer.
Toilets shall be placed or installed in conformity with local governing code
requirements and shall be enclosed in a weather-tight, fly-proof building with a
self-closing door. The building shall be tied down to prevent overturning by
wind. Provide standard, roll-type toilet paper holder and a supply of standard,
roll-type toilet tissue.
The premises shall be thoroughly disinfected at least twice each week. Provide
means for locking the door from the outside and keep locked at all times except
during hours that workmen are at the project site.
6. TEMPORARY UTILITY SERVICES
A. The Contractor shall coordinate the requirements for temporary utilities with the
Owner and shall install at the Contractor's expense all necessary utilities in a
safe, acceptable manner. Should leaks, breaks, etc. occur during installation or
use, the Contractor shall immediately notify the appropriate utility personnel and
promptly repair the utility so as to keep disruption of service to a minimum.
B. The Contractor shall provide temporary wiring if required. All wiring shall meet
all safety requirements of the National Electrical Code, FloridaDepartment of
IV-37
Commerce, Bureau of Workmens' Compensation or local requirements. In
addition, all wire shall be so sized that it is not overloaded according to the
National Electrical Code and all wire used shall be fused to adequately protect
that wire according to the Code referred to.
C. The Contractor shall provide all temporary lines and connections from existing
sources of water as required for the work. The Contractor is responsible for
proper drainage of water used.'(
D. The Contractor shall furnish all temporary wiring, piping connections and other
apparatus that is needed to operate the utilities and shall remove all evidence of
same when work is complete.
E. The Contractor is responsible for obtaining and paying for all utilities that he
requires at the project site.
7. STAGING. STOCKPILE AND SPOIL AREAS
The staging area(s) depicted on the plans shall be used to house the Contractor's and
Resident Project Representative's Inspector's offices and to store all idle equipment,
supplies and construction materials (other than bulk materials such as aggregate, sand
and soil).
The Contractor may erect and maintain throughout the life of this contract, at his
expense, a six-foot high fence of chain link fabric around the perimeter of each staging
area used. He may also install vehicle and pedestrian gates as necessary to provide
adequate ingress/egress. .
Additionally, the perimeter of any staging area which abuts an active operation
pavement shall be marked with yellow flashing barricades no more than 50 feet apart.
Upon completion of all work, remove all construction fencing and barricades from the
project site.
The Contractor's vehicles, equipment and materials shall be stored in the area
designated on the plans. Upon completion of the work, the storage area shall be
cleaned up and returned to its original condition to the satisfaction of the Owner.
Personal services will not be permitted beyond the Contractor's parking area. Drivers
of vehicles being operated beyond this area shall be subject to loss of permission to
enter the construction site. ,
Equipment not in use during construction, nights and/or holidays will be parked in the
Contractor's staging area. Exceptions will only be approved by the Engineer when
absolutely necessary. Parking of construction workers' private vehicles shall also be
within the staging area construction fence.
IV-3a
Stockpile areas shall be used to store all bulk materials needed for the project and may
or may not be fenced at the Contractor's option. However, yellow flashing barricades
shall be installed where potential conflicts with air or ground vehicular traffic might
occur.
Separate stockpiles shall be created for the project construction. Separate stockpiles
shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR
Part 77 imaginary surfaces. '~
All other waste material, including rubble and debris, shall be removed from the Airport
at the Contractor's expense.
No stockpile areas to store all bulk materials for the project are provided. All material
removed by excavation, such as concrete, asphalt or limerock, will be transported off
the Airport limits when it is taken up. It will not be stockpiled on Airport property.
The Contractor shall provide all necessary temporary environmental controls as
directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to
protect the environment from erosion of any stockpile areas.
The cost for these temporary environmental controls shall be considered incidental to
the project.
IV-39
SPECIAL PROVISION NO.1 0
DEWATERING
Dewatering operations and any permits necessary to complete any portion of this project,
including, but not limited to, trench excavation, backfill, installation of edge light fixtures,
junction boxes, conduit and the installation of new cables in existing ducts shall be considered
incidental to the bid item for which de-watering may be necessary.
No separate payment will be made for the cost of dewatering.
IV-40
SPECIAL PROVISION NO. 11
PRECEDENCE OF DOCUMENTS
1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions,
Specifications, Plans and all referenced Standards cited in these documents are
essential parts of the contract requirements. A requi~ement occurring in one is as
binding as though occurring in all. They are intended to be complementary to describe
and provide for a complete work.
2. ORDER OF PRECEDENCE. In case of conflicts within the above mentioned
documents, the order of precedence shall be as follows:
A. Bid Documents (Division I)(including any and all Addenda)
B. Contract (Division II)
C. Special Provisions (Division IV)
D. Technical Specifications (Division V)
E. General Provisions (Division III)
F. Plans (large scale detail drawings over smaller scale general drawings)
IV-41
SPECIAL PROVISION NO. 12
FINAL PAY REQUESTS AND RELATED FORMS
In addition to the requirements for payments (Partial and Final) stipulated in General
Provisions (Division III) Section 90 "MEASUREMENT AND PAYMENT" and in Special
Provision NO.1 "PROJECT GENERAL REQUIREMENTS" Section 25 (Division IV).
All pay requests shall be prepared by the Contractor within the time frames stipulated in the
County Procedures unless otherwise approved by the Engineer and Owner.
Pay Requests shall be submitted in one (1) original and one (1) copy (to the Engineer) unless
otherwise instructed by the Engineer.
IV-42
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ORDER
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
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AlA DOCUMENT G70/
PROJECT:
(name, address)
CHANGE ORDER NUMBER:
DATE:
ARCHITECT'S PROJECT NO:
CONTRACT DATE:
CONTRACT FOR:'t;
TO CONTRACTOR:
(name, address)
The Contract is changed as follows:
Not valid until signed by the Owner, Architect and Contractor.
The original (Contr2ct Sum)(GlW2Oteed MaximumPrice) was . . . , . . . , . . . . . , . , . , . . . . . . S
Net ch:mge by previously :luthorizcd Ch2nge Orders . . . , , . . . . . . . . , . . . . , , . . . . . . . . . . , S
The (Contr2ct Sum) (GlW2Oteed Maximum Price) prior to this Ol:lJlge Order w:as, . , . . . . . . . S
The (Contr2ct Sum) (GlW2Oteed Maximum Price) will be (incre:lSed) (decre:lSed)
(unch:mged) by this Ch:mge Order in the:unount of, . , , . , , , . , . . , . , . . . . . , . . . . . . ,S
The new (Contr2ct Sum) (GlW2Oteed M2ximum Price) including this Ch2nge Order will be ., S
The Contr2ct Time will be (incre:ased) (decreased) (und12nged) by
The c:tlte of Subst:mti:ll Completion :as of the c:tlte of this Ol2nge Order therefore is
) days.
NOTE:
This summary does nm reflect ch:ulges in lhe COOlr.K1 Sum, COnlr.lCI Time or GU:lr:lnlcl.'d ~Iaximum Price which han.' OCCIl ;llIlhol"\zl:d In'
ConslnJClion Change Directi,'I.'.
OWNER
ARCHITECT
CONTRAcrOR
Addres.'i
Addres.'i
Addrcs-'i
BY
BY
BY
DATE
DATE
DATE
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AlA DOCUMENT G701 . CHANGE ORDER · 19K7 EDmON . AJAe . @19fl7 . THE
AMERICAN I:'<ISTmTE Of ARCHITECTS. ,,~., NEW YORK AVE,. N,W.. WA.';IUNGTON. D.C. ..!IIlIlI(",
G701-1987
WARNING: Unlic:ensed photocopying vIolatn u.s. copyright 1_ and Is SUbject to legal prosec:utlon.
SUBSTANTIAL COMPLETION
AlA DOCUMENT G704
1\.1'''''' II . I...,....
CONTRA(..OR
FI EI.D
OTHER
o
o
o
(Instrllt:lions on reverse side)
PROJECT:
PROJECT NO.:
(.'Olll"e.... (1I1t1 lltltln........}
CONTRACT FOR:
CONTRACT DATE:
TO CONTRACTOR:
TO OWNER:
(.\"11"'<' 111111 Illlt/n.$....J
{StllIII! (I//(I (/(lc/n'''.<J
'.
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Comract h:1S been rl:\'iewed and found. to the Architect's best kno~\'ledge. information and belief.
to be Sllbst:1ntially complete. $ubst:lmial Completion is the stage in the progress of the Work when the Work or designated portion
thereof is sufficiently complete in accordance with the Contract Documents so the Owner C:lO occupy or utilIze the Work for its
intended use. The date of"Substami:l! Completion of the Project or portion thereof designated abO\'e is hereby estahlished as
~vhich is also the date of commencement of applicable: warramies required by the COo(f",lct Documents. except :IS =,t:lled below:
A list of items to he completed or corrected is :ltt2ched hereto, The failure to include any items on such list does not alter the respon-
sihility of the Contractor to complete all Work in accordance with the Contract Documents,
ARCHITECT
BY
DATE
The Contractor will complete or correct the \'('ork on the list of items alt:1che:d heceto ~vithin
the: abo\'e d:lle of Substantial Completion.
days from
DATE
CO:>: TR..l..CTO R
BY
The O,,'oer :Iccepts the Work or designated portion thereof as subst:1ntially complete and will :1ssume full possession thereof :11
(time) on (dale).
DATE
BY
O\'(':>:ER
The responsibilities of the Owner and the Comractor for security. mainten:lOce. he:lt. utilities. d:ullage to the \'\'ork :tnd insumnce
sh:lIl he as follows:
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:::-~,,!'!..: WARNING, Unlicensed photocopying violates U,S, copyrighllaws and will subject lhe violaloc to legal prosecution,
IV-46
G704-1992
Contractor's Affidavit of
Payment of Debts
and Claims
OWNER
ARCHITECT
CONTRACTOR
SURElY
OrnER
[ ]
[ ]
[ ]
[ ]
[ ]
AlA Document G706 -
Electronic Format
nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WlTII AN AlTORNEY IS ENCOURAGED WITH RESPECT TO ITS
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DOCUMENT D40I,
TO OWNER:
(Name and address)
ARCHITECT'S PROJECT NO.:
CONTRACT FOR:
PROJECT:
(Namt! and address)
CONTRACT DATED:
STATE OF:
COUNTY OF:
The undersigned hereby certifies that. except as listed below, payment has been made in full and all obligations have otherwise been
satisfied for all materials and equipment furnished, for all work. labor, and services performed, and for all known indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced
above for which the Owner or Owner's property might in any way be held responsible or encumbered. against any property of the
Owner arising in any manner out of the performance of the Contract referenced above:
EXCEPTIONS:
SUPPORTING DOCUMENTS A TIACHED HERETO:
Subcontractors and material and equipment suppliers, to
the extent required by the Owner, accompanied by a list
thereof.
1. Consent of Surety to Final Payment. Whenever Surety is
involved, Consent of Surety is required. AlA Document
G707, Consent of Surety, may be used for this purpose.
Indicate attachment: [ ] yes [ ] no
The following supporting documents should be attached
hereto if required by the Owner:
1. Contractor's Release or Waiver of Liens, conditional
upon receipt of fmal payment.
3. Contractor's Affidavit of Release of Liens (AlA
Document G706A).
CONTRACTOR:
(Name and address)
BY:
(Signature of authorized representative)
2. Separate Releases or Waivers of Liens from
(Printed name and IiI/e)
AlA DOCUMENT 0706 - CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS- 1994 EDmON - AlA - COPYRIGHT 1994 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocOpying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can' be reproduced
without violation until the date of expiration as noted below.
Electronic Format G706 - 1994
User Document: G706.CON - 11/13/1997. AlA License Number 68235, which expires on 10/31/1998 - Page #1
Notary Public:
Subscribed and sworn to before me on this date:
My Commission Expires:
'-l
AlA DOCUMENT G706 _ CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAlMS- 1994 EDITION. AlA - COPYRIGIIT 1994 . THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocOpying
violates U,S, copyright laws and is subject to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced
without violation until the date of expiration as noted below,
Electronic Format 0706 - 1994
User Document: G706.CON -11/13/1997. AlA License Number 68235, which expires on 10/31/1998 - Page #2
Contractor's Affidavit of
Release of Liens
AlA Document G706A -
Electronic Format
OWNER
ARCHITECT
CONTRACTOR
SURETY
OrnER
[ ]
[ ]
[ ]
[ ]
[ ]
nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AITORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICA nON OF nus ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
DOCUMENT 0401. '~
TO OWNER:
(Name and address)
ARCHITECT'S PROJECT NO.:
CONTRACT FOR:
PROJECT:
(Name and address)
CONTRACT DATED:
STATE OF:
COUNTY OF:
The undersigned hereby certifies that to the best of the undersigned's knowledge, infonnation and belief, except as listed below, the
Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and
all perfonners of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances
against any property of the Owner arising in any manner out of the perfonnance of the Contract referenced above:
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED HERETO:
CONTRACTOR:'
(Name and address)
1. Contractor's Release or Waiver of Liens, conditional
upon receipt offmal payment.
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment suppliers, to
the extent required by the Owner, accompanied by a list
thereof.
BY:
(SignalUn of authorized repruenlative)
(printed _ and title)
Subscribed and sworn to before me on this date:
Notary Public:
My Commission Expires:
AlA DOCUMENT G706A - CONTRACTOR'S AFFIDA vrr OF RELEASE OF LIENS - 1994 EDmON - AlA - COPYRIGHT 1994 - nm AMERICAN
INSTITUTE OF ARCI-UTECTS. 1735 NEW YORK AVENUE N,W,. WASHINGrON D.C 20006-5292.. WARNING; Unlicensed photocopying violates U.s.
copyright laws and is subject to legal prosecution. This document was electronically produced with pcnnission of the AlA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Fonnat G706A - 1994
User Document: G706A.CON - 11/13/1997. AlA License Number 68235, which expires on 10/31/1998 - Page #1
Consent of Surety
to Final Payment
AlA Document G707 -
Electronic Format
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTIIER
[ ]
[]
[]
[ ]
[ ]
nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATIORNEY IS ENCOURAGED wrrn RESPECT TO ITS
COMPLETION OR MODIRCATION. AU1lIEN11CATION OF nus ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
DOCUMENTD401. ,{
TO OWNER:
(Name and tvidreu)
ARCIDTECTS PROJECT NO.:
CONTRACT FOR:
PROJECT:
(NQIM and tvidreu)
CONTRACT DATED:
, SURETY,
on bond of
(Insert name and at:Idreu afContractor)
, CONTRACTOR.
hereby approves of the fmal payment to the Contractor, and agrees that fmal payment to the Contractor shall not relieve the Surety of
any of its obligations to
(Insert name and at:Idreu afOwner)
,OWNER.
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:
(Insert in writing the month followed by the numeric date and year,)
(Surety)
Attest:
(Seal):
(Signature of authorized repreuntative)
(printed name and title)
AlA DOCUMENT 0707 _ CONTRACfOR'S CONSET OF SUREYT TO FINAL PAYMENT. 1994 EDmON - AlA - COPYRIGHT 1994 - nm AMERICAN
INsTITIJTE OF ARCHlTECfS, 1735 NEW YORK AVENUE N.W" WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocOpying violates U.S.
copyright laws and is subject to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Fonnat 0707 - 1994
User Document: G707.CON _ 11/1311997. AlA License Number 68235, which expires on 10/31/1998 - Page #1
''l,
TECHNICAL
SPECIFICATIONS
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
"
SECTION
TITLE
DOCUMENT PAGES
P-lO 1
Mobilization
P-lOl-1 thru P-101-2
P-102
Maintenance of Air Operations Area
Traffic
P-102-1 thru P-102-7
P-620
Runway and Taxiway Painting
P-620-1 thru P-620-8
Key West International Airport
TC-l
June 2001
ITEM P-I0l- MOBILIZATION
DESCRIPTION
101-1.1 The work specified in this item shall consist of the preparatory work and operations in
mobilizing for beginning work on the Project, including, but not limited to, those operations
necessary for the movement of personnel, equipment, supplies and lhcidentals to the Project Site,
and for the establishment of temporary offices, building facilities, utilities, safety equipment and
first aid supplies, sanitary and other facilities, as required by these Specifications, and State and
local laws and regulations. The costs of bonds and any required insurance and other
preconstruction expense necessary for the start of the work, excluding the cost of construction
materials, shall also be included in this Section.
METHOD OF MEASUREMENT
101-2.1 Measurement of Mobilization for payment shall be the work under this Section
completed in accordance with the Plans and these Specifications.
BASIS OF PA YMENT
101-3.1 Payment for the work measured as described shall be made at the contract lump sum
price for Mobilization which price and payment shall be full compensation for mobilizing for
beginning work on the project, furnishing all materials, equipment, labor, processes, tools and
incidental costs required to complete the work under this Section for the item of Mobilization.
Payment shall be made under:
Item P-101-3.1
Mobilization -- per lump sum
101-3.2 PARTIAL PAYMENTS. Partial Payments on, the contract lump sum price for
Mobilization will be made in accordance with the following schedule during the progress of
construction on this project.
% of Original
Contract Amount
Earned
5%
10%
25%
50%
Allowable %
of the Lump Sum
Price For Mobilization
25%
50%
75%
100%
Partial payments for any project will be limited to ten percent (10%) of the original Contract
amount for that project. Any remaining amount will be paid upon completion of all work on the
Project.
Key West International Airport
P-lOl-l
June,2ool
The standard retainage, as herein specified will be applied to these allowances. Partial payments
made on this item shall in no way act to preclude or limit any of the provisions for partial
payments otherwise provided for by the Contract.
END OF ITEM P-IOl
'l.
Key West International Airport
P-lOI-2
June. 2001
ITEM P-I02 MAINTENANCE OF AIR OPERATIONS AREA TRAFFIC
DESCRIPTION
102-1.1 The work under this Section consists of furnishing all measures required to maintain the
safe and orderly movement of Air Operations Area (AOA) traffic in and around the construction
areas as shown on the Plans and as described in these Technical Sp~ifications.
102-2.1 GENERAL. This Section covers the Contractor's responsibilities for maintaining the
optimum level of safety and the operating efficiency of the airport during construction. These
responsibilities are based on criteria contained in current edition of Federal Aviation
Administration Advisory Circular AC 150/5370-2C, Operation Safety on Airport with Emphasis
on Safety During Construction. The Contractor shall be responsible for all activities, under his
control, as specified in the above referenced Advisory Circulars, the Zoning Ordinance and in
other referenced documents. In certain cases where the obstacle clearance criteria utilized for
this project may differ from that described herein, these variances will be depicted on the Plans.
102-3.1 OBSTACLE CLEARANCES DURING CONSTRUCTION - T AXIW A YS,
TAXILANES AND APRONS. Construction activity, personnel, equipment or materials shall
not be permitted within 73 feet of the centerline of an active taxiway and within 64 feet of the
centerline of an active taxilane, unless otherwise shown on the Plans.
102~4.1 TRENCHES, EXCA VA TIONS AND STOCKPILED MATERIAL.
a. Open trenches or excavations exceeding 3 inches in depth and 3 inches in width shall
not be permitted within 200 feet of the centerline of an active runway or within 94 feet of the
center line of active taxiways and taxilanes unless 'otherwise shown on the Plans.
b. Coverings for open trenches or excavations may be utilized by the Contractor to
restore operations in these areas. Covering shall be of sufficient strength to support the weight of
the heaviest aircraft operating on the runway or taxiway. Each covering shall be installed only as
approved by the Architect/Engineer.
c. Barricades and/or flagging shall be installed to identify the limits of construction near
open trenches or excavations. Stockpiled material shall be secured against displacement by
aircraft engine and propeller blast and ambient winds.
d. Stockpiled materials, equipment and personnel shall not be allowed within the runway,
taxiway and taxilane obstacle clearance areas as described in this Article.
102-5.1 MARKING AND LIGHTING OF CONSTRUCTION AREAS. The Contractor
shall install lighting, marking, barrel barricades, railroad tie barricades, lighted commercial
barricades, concrete barriers, plastic barricades, signs and other measures to delineate closed and
hazardous areas during construction. The guidance and procedures provided by the current FAA
Advisory Circular AC 150/5340-1, including changes, "Marking of Paved Areas on Airports",
shall be utilized as depicted on the Plans. Steady burning red obstruction lights may be required
in certain instances to supplement lighted barricades or highlight hazardous or potentially
dangerous objects. The location of these lights shall be as shown on Plans or as directed by the
Key West International Airport
P-102-1
June. 2001
Architect/Engineer. Obstruction lights and barrel barricades, railroad tie barricades, lighted
commercial barricades, plastic barricades, concrete barriers, and signs shall not be located within
runway, taxiway and taxilane obstacle clearance areas.
102-6.1 LOOSE MATERIALS AND DEBRIS. Loose materials shall be removed from the
active portion of the AOA, placed in protected areas or otherwise secured to prevent dispersal
into active portions of the AOA. The AOA is defined as all areas used or intended to be used for
aircraft operations including active runways, aprons, taxiways, taxilanes, etc. Debris shall be
promptly removed from the AOA. The Contractor shall exercise care in the transportation of
materials within the AOA. Materials tracked or spilled in the AOA shall be removed
immediately. When hauling, loading, grading, or when any of the Contractor's activities are
likely to cause the deposit of loose materials in the AOA, it shall be immediately removed using
powered vacuum sweepers which shall continuously patrol the affected areas. The sweepers
shall be supplemented by hand sweepers, loaders, trucks, etc., as necessary.
102-7.1 VEHICLES AND MOBILE EQillPMENT.
a. All Contractor vehicles and mobile equipment operating in the AOA shall be identified
by three foot (3) square orange and white flags whenever such vehicle and equipment is
operating on or about the AOA. In addition, such vehicles and equipment shall have the
Contractor's name clearly affixed on each side of such vehicles and equipment, all in accordance
with current requirements. During the hours between 30 minutes before sunset and 30 minutes
after sunrise and at all times when visibility is impaired, vehicles and mobile equipment shall
also be equipped with a revolving yellow beacon light mounted on the top of the vehicle or
equipment. Beacon lights shall provide:
(1) Three hundred sixty degree azimuth coverage.
(2) Effective intensity in the horizontal plane not less than 40 or more than
400 candelas,
(3) Beam spread measured to 1/10 peak intensity extending from 10 degrees
to 15 degrees above the horizontal.
(4) Sixty to ninety flashes per minute.
b. All Contractor vehicles and mobile equipment not individually authorized by the
Airport Manager for independent operation in the AOA shall be operated under escort while in
the AOA. The escort vehicle and its driver must be authorized by the Airport Manager for
escort duty and for operation within the AOA. If access to the construction, staging or storage
sites requires the crossing of an active runway or taxiway, all vehicles shall be escorted across
said runway or taxiway by either an Airport Manager escort vehicle or a vehicle equipped with a
VHF-AM Transceiver specifically authorized by the Airport Manager to cross these operational
pavements. No crossing of active taxiways or runways by vehicles so equipped shall be made
without first obtaining specific clearance from ground Control Unicorn 122.95.
c. No crane shall be allowed on the work site until the equipment and its intended
operation is approved by the Airport Manager, in accordance with the requirements of the
General Condition. The Contractor shall provide the RPR with not less than 24-hour advance
Key West International Airport
P-102-2
June, 2001
written notice requesting crane access to the AOA. The RPR will then request approval from the
Airport Manager.
d. When access is approved by the Airport Manager, the tip of the crane boom shall be
identified by the orange and white flag mentioned above and, if appropriate, by red obstruction
lights.
102-8.1 CLOSURES.
'","
a. Prior to the commencement of any demolition or other work which will cause an
interruption or modification to existing aircraft operations, the Contractor shall confer with, and
obtain written authorization from the RPR.
b. When the Contractor's operations require the closure of any runway, taxiway, apron,
roadway, service gate, walkway, etc., the Contractor shall notify the RPR not less than 48 hours
prior to need. No runway, taxiway, apron, roadway, service gate, walkway, etc., shall be closed
without prior written authorization from the RPR.
c. If the Contractor requires access to operational areas not delineated on the Construction
Safety Plan Drawing(s), the Contractor shall participate in negotiations leading to the imposition
of restrictions on airport operations in the affected areas; the Contractor shall strictly abide by all
conditions imposed by the Airport Manager relating to its entry and use of such areas and the
Contractor shall not enter these areas until granted temporary, conditional entry clearance by the
RPR and the Airport Manager.
d. Trenching, excavation and other work requiring temporary runway or taxiway closure
shall be limited by the Contractor to that amount of work that can be completed within the hours
of minimal operation. All ditches, excavations, etc., shall be restored prior to the end of the work
period and affected pavements returned to service. This work shall be scheduled during hours of
minimal operations. Unless otherwise noted in the Contract Documents, hours of minimal
operation shall be defined as the hours between 12:00 midnight and 5:30 A.M. daily. All other
hours are considered hours of normal operation.
e. The Contractor may be required to pursue affected portions of the work on a
continuous 24 hour per day basis during construction of the various phases and subphases shown
on the Plans and described in the Contract Documents (such as when runways or taxiways,
aprons, service or access roadways, or service gates are closed for operation or when hazards of
any kind arise).
102-9.1 OPERATIONS SAFETY INSPECTION. The entire work site shall be inspected daily
and more frequently if construction activities are of a nature that debris may be expected to
accumulate on AOA pavements. Special inspections shall be conducted for each work area prior
to return to service for aircraft operation. The purpose of these inspections is to ascertain that
areas returned to aircraft service are in satisfactory condition and that the overall work site and
its activities are within the safety criteria set forth in these Contract Documents. Inspections
shall be conducted jointly by representatives of the Contractor, the Airport Manager, the RPR
and the affected airlines. These inspections shall cover the several safety items noted in and
referred by this Article.
Key West International Airport
P-102-3
June,2001
Any violations of the Safety Criteria found during these inspections shall be rectified
immediately. If a violation cannot be corrected on an immediate basis by the Contractor, the
Contractor shall immediately notify the RPR. No area shall be approved for aircraft operations
while it is in violation unless specifically authorized by the Airport Manager, the RPR and the
designated airline representative.
102-10.1 OPERATIONAL EMERGENCIES. During construction periods, the Contractor
shall monitor the UNICOM frequency of 122.95 and be able t~,activate the runway/taxiway
upon demand, in response to emergency or other conditions that require him to clear the runway
to accept a landing aircraft or one taking off. In all cases aircraft safety shall be the one single
foremost priority over all construction activity on the runway. In this event the Contractor may
need to respond to an evacuation request from the RPR, from the Airport Manager or from the
aircraft itself if one of the other controlling entities are not present. The Contractor shall have a
Safety Officer on the project site, at all times, monitoring the UNICOM frequencies and able to
determine the limits of the area to be evacuated and the restoration work needed to prepare the
area for aircraft operations. Should the directive entail extra work under the contract, and is
determined so by the RPR, the Contractor will not be reimbursed for such extra work, since this
work is considered incidental to the General Contractor's operation and safety procedures as part
of Item P-102.
102-11.1 FINAL CLEANUP. After work in any work area has been completed and before
opening it to traffic, the Contractor shall remove all temporary traffic control devices, temporary
pavements, and other temporary work and devices installed for traffic control. The Contractor
shall restore the site to its original condition or to the revised condition shown on the Plans.
MA TERIALS AND CONSTRUCTION METHODS
102-12.1 TEMPORARY MARKER LIGHTS. The Contractor shall install, operate and
maintain temporary marker lights in the locations shown on the Plans. The Contractor shall
furnish portable base mounted light fixtures, red or yellow and blue lenses, 30/45 watt 6.6/6.2
ampere transformers, and 30 watt 6.6 ampere lamps. The Contractor shall furnish 5000 volt,
#8A WG, Type "C", FAA Specification L824 stranded copper cable; compatible connector kits;
FAA Specification L823 tape; compression sleeves and any other materials necessary to install,
operate and maintain the temporary marker lights.
The Contractor shall furnish and install the following:
(1) Heat shrinkable sleeves, tape and incidentals,
(2) 15 watt lamps for 120V circuit,
(3) Necessary wiring, power, connections, etc. to operate lights on 120V circuit,
(4) Required staples to keep cable and wire securely fastened to pavement.
(5) Pavement sealant to seal pavements, when wiring is installed recessed in saw
kerfs.
Key West International Airport
P-102-4
June.2ool
Yellow flashing lights mounted on top of the various types of barricades are not considered
marker lights.
102-12.2 BARREL BARRICADES. The Contractor shall install and maintain barrel
barricades in the locations shown on the Plans, in accordance with the approved layout for each
construction area, and as directed by the Architect/Engineer. Barrel barricades shall be in
accordance with the details shown on the Plans including barrels, lights, ropes, flags and
incidentals. Barrels shall be weighted immediately upon installation, as necessary to prevent
displacement by aircraft engine blast and by ambient wind. Barrel barricade lines shall be
inspected each day and repaired or replaced as necessary to meet the requirements of the
approved layout plan.
102-12.3 TEMPORARY CONCRETE BARRIERS.
a. Temporary concrete barriers for traffic control and protection shall be New Jersey type
precast concrete barriers conforming to the requirements of ASTM C825.
b. Temporary concrete barrier sections shall be capable of being interlocked and shall be
provided with warning flags, steady burning lights and/or flashing lights as required and shall be
provided with grooves to allow flow of surface drainage.
c. The temporary concrete barriers need not be new, but shall be structurally sound, of a
quality and type meeting the requirements of these specifications and shall be subject to the
Architect/Engineer's approval.
d. Temporary concrete barriers shall, at the conclusion of the construction or when no
longer needed, be relocated or removed and disposed of as the case may be.
e. Commercial lighted barricades may be used in lieu of concrete barriers as directed by
the RPR.
102-12.4 RAILROAD TIE BARRICADES (LOW TIE BARRICADES). The Contractor
shall install and maintain Railroad Tie Barricades consisting of standard 6" x 8" x 8' timber
railroad ties placed as and where shown on the Plans and as directed by the Architect/Engineer.
Railroad ties shall be painted as detailed on the Plans and placed in the location and manner
shown on the Plans. A battery operated yellow flashing light shall be installed on each section of
the railroad tie barricades; the yellow flashing light shall be continuously (24 hours a day basis)
operated. The railroad tie barricades shall be anchored to the subgrade or pavement using two
No.4, 18" long steel pins driven in the subgrade, or flexible pavement or installed through
predrilled holes in rigid pavement. At conclusion of work and when the barricades are no longer
needed, the Contractor shall remove and dispose of them and restore the pavement to its original
condition.
102-12.5 PLASTIC BARRICADES. Plastic barricades, meeting the following requirements,
shall only be used when specifically shown on the Plans or ordered by the Architect/Engineer.
a. Plastic barricades shall consist of a molded plastic I-beam section suspended, by means
of a toggle system, from a molded plastic cone.
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June.2oo!
The assembly shall be designed to remain usable following vehicular impact.
(1) The plastic barricade (I-beam section and cones) shall be manufactured from
high density Polyethylene compounded with Ultra Violet Stabilizer to protect it against ultra
violet exposure and outdoor weathering.
(2) The cone shall consist of a stem and a base. The base shall be hollow and so
manufactured as to allow for external and internal ballasting (using water, sand or other suitable
material), to provide a ballast weight of approximately 20 lbs. "".
(3) The dimensions of the various elements of the plastic barricade system shall
be as follows:
Cones
Overall Height
Base Dimension
Weight (unballasted)
Outside diameter stem
Top
Bottom
Wall Thickness
45"
18" x 18" x 4"
7 3/4 lbs.
3 1/4"
6 Y2"
1/8" :t 1/32"
I-Beam Section
Depth (reflective areas)
Lengths (as ordered by the
Architect/Engineer)
Wall Thickness
Weight
8"
36" or 48"
1/8"
1.2 lbs. per foot
b. The plastic barricade assembly shall be equal to MAXICADE System as manufactured
by Glasdon - Traffic Services Incorporated (distributed locally by Saft T Store, West Palm
Beach, Telephone: 1-561-793-5817) or approved equal.
c. The I-beam section shall be capable of being mounted (using a flexible toggle system)
on the plastic cones. The cones shall be designed to support the I-beam sections and also to
support traffic lights.
d. The plastic barricade assembly shall be impregnated with traffic orange color. White
reflective sheeting shall be applied to the I-beam section to form a series of alternating 6 inch
wide stripes, traffic orange and reflective white, at 450 angle.
METHOD OF MEASUREMENT
102-13.1 Maintenance of Air Operations Area Traffic will be paid for on a lump sum basis
wherein no measurement will be made.
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June, 2001
BASIS OF PA YMENT
102-14.1 The price bid for the items under this section shall include the cost of furnishing,
placing and maintaining the various devices including replacing exhausted batteries, defective
lamps, painting, etc. as required to maintain the various devices in good operational condition.
Payment shall be made under:
Item P-102-14.1
'''''
Maintenance of Air Operations Area Traffic - per lump sum
END OF ITEM P-I02
Key West International Airport
P-102-7
June. 2001
ITEM P-620 RUNWAY AND T AXIW A Y PAINTING
DESCRIPTION
620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of
runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on
the plans, or as directed by the Engineer. The work shall also include the removal of existing markings
on airfield pavement surfaces. \(
MA TERIALS
620-2.1 MA TERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test
reports for materials shipped to the project. The certified test reports shall include a statement that
the materials meet the specification requirements. The reports can be used for material acceptance
or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for
payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site.
620-2.2 PAINT. Paint shall be waterborne in accordance with the requirements of paragraph 620-
2.2a. Paint shall be furnished in White-37925, Yellow-33538 or 33655 and Pink (1 part Red-31136
to 2 parts White-37925) in accordance with Federal Standard No 595. Paint shall be furnished
inType IT -- Fast drying time for no-pick-up when tested in accordance with ASTM D 711.
a. WATERBORNE. Paint shall meet the requirements of Federal Specification IT _P_
1952D, Type lor Type ill..
b. EPOXY. Paint shall be a two component, minimum 99 percent solids type system
conforming to the following:
(1) Pigments. Component A. Percent by weight.
(a) White:
Titanium Dioxide, ASTMD476, type IT shall be 18 percent minimum
(16.5 percent minimum at 100 percent purity).
(b ) Yellow and Colors:
Titanium Dioxide, ASTM D 476, type IT shall be 14 to 17 percent.
Organic yellow, other colors, and
tinting as required to meet color
standard.
Epoxy resin shall be 75 to 79 percent.
(2) Epoxy Content. Component A. The weight per epoxy 'equivalent, when tested
in accordance with ASTM D 1652 shall be the manufacturer's target plus or minus 50.
(3) Amine Number. Component B. When tested in accordance with ASTM D 2074
shall be the manufacturer's target plus or minus 50.
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June,200l
(4) Prohibited Materials. The manufacturer shall certify that the product does not
contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in
29 CPR 1910.1200.
(5) Daylight Directional Reflectance:
(a) White: The daylight directional reflectance of the white paint shall not
be less than 75 percent (relative to magnesium oxide), when tested iri accordance with Federal Test
Method Standard No. 141, Method 6121.
(b ) Yellow: The daylight directional reflectance of the yellow paint shall not
be less than 38 percent (relative to magnesium oxide), when tested in accordance with Federal Test
Method Standard No. 141. The x and y values shall be consistent with the Federal Hegman yellow
color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed
below:
x .462 x .470 x .479 x .501
y .438 Y .455 Y .428 Y .452
(6) Accelerated weathering.
(a) Sample preparation. Apply the paint at a wet film thickness of 0.013 inch
(0,33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels prepared as described in Federal Test
Method Standard No. 141, Method 2013. Air dry the sample 48 hours under standard conditions.
(b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra
Violet (UV-B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60
degree C, and 4 hours condensate exposure at 40 degrees C.
(c) Evaluation. Remove the samples and condition for 24 hours under
standard conditions. Determine the directional reflectance and color match using the procedures in
paragraph 620-2.2b(5) above. Evaluate for conformance with the color requirements.
(7) Volatile Organic Content. Determine the volatile organic content in accordance
with 40 CPR Part 60 Appendix A, Method 24.
(8) Dryopacity. Use Procedure B, Method B of Method 4121 of Federal Test
Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mrn). The minimum
opacity for white and colors shall be 0.92.
(9) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2b(6) to
the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the
metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05 mrn). Five liters of unused sand
shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand
weighs 17.5Ib. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters
of sand for the removal of the paint films.
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June, 2001
(10) Hardness, Shore. Hardness shall be at least 80 when tested in accordance with
ASTM D 2240.
c. METHACRYLATE. Paint shall be a two component, minimum 99 percent solids type
system conforming to the following:
(1) Pigments. Component A. Percent by weight.
"--
(a) White:
Titanium Dioxide, ASTM D 476, type IT shall be 6 percent minimum.
Methacrylate resin shall be 18 percent minimum.
(b ) Yellow and Colors:
Titanium Dioxide, ASTM D 476, type IT shall be 6 percent minimum.
Organic yellow, other colors, and tinting as required to meet color
standard.
Methacrylate resin shall be 18 percent minimum.
(2) Prohibited Materials. The manufacturer shall certify that the product does not
contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in
29 CFR 1910.1200.
(3) Daylight Directional Reflectance:
(a) White: The daylight directional reflectance of the white paint shall not
be less than 80 percent (relative to magnesium oxide), when tested in accordance with Federal Test
Method Standard No. 141, Method 6121.
(b ) Yellow: The daylight directional reflectance of the yellow paint shall not
be less than 55 percent (relative to magnesium oxide), when tested in accordance with Federal Test
Method Standard No. 141. The x and y values shall be consistent with the Federal Hegman yellow
color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed
below:
x .462 x .470 x .479 x .501
Y .438 Y .455 Y .428 Y .452
(4) Accelerated weathering.
(a) Sample preparation. Apply the paint at a wet film thickness of 0.0 13 inch
(0.33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels prepared as described in Method 2013
of Federal Test Method Standard No. 141. Air dry the sample 48 hours under standard conditions.
(b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra
Violet (UV -B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60
degree C, and 4 hours condensate exposure at 40 degrees C.
Key West International Airport
June, 2001
P-620-3
(c) Evaluation. Remove the samples and condition for 24 hours under
standard conditions. Determine the directional reflectance and color match using the procedures in
paragraph 620-2.2c(3) above. Evaluate for conformance with the color requirements.
(5) Volatile Organic Content. Determine the volatile organic content in accordance
with 40 CFR Part 60 Appendix A, Method 24.
(6) Dryopacity. Use Procedure B, Method B of Method 4121 of Federal Test
Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mm). The minimum
opacity for white and colors shall be 0.92.
(7) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2c(4) to
the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the
metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05 mm). Five liters of unused sand
shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand
weighs 17.5Ib. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters
of sand for the removal of the paint films.
(8) Hardness, Shore. Hardness shall be at least 80 when tested in accordance with
ASTM D 2240.
d. SOL VENT BASE. Paint shall meet the requirements of Federal Specification A-A-2886A
Type I or Type ill.
620-2.3 REFLECTIVE MEDIA. Glass beads shall meetthe requirements of Fed. Spec. IT -B-1325,
Type I, Gradation A. Glass beads shall be treated with adhesion promoting and/or flotation coatings
as specified by the manufacturer of the paint.
CONSTRUCTION METHODS
620-3.1 WEA TIlER LIMITATIONS. The painting shall be petformed only when the sutface is dry
and when the sutface temperature is at least 45 F (7 degrees C) and rising and the pavement sutface
temperature is at least 5 degrees F (2.7 degrees C) above the dew point.
620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the
existing sutface, a mechanical marking machine, a bead and/or silica sand dispensing machine, and
such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job.
The mechanical marker shall be an atomizing spray-type marking machine suitable for application of
traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall
apply markings of uniform cross sections and clear-cut edges without running or spattering and without
over spray.
620-3.3 PREP ARA TION OF SURFACE. Immediately before application of the paint, the sutface
shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the
Key West International Airport
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June,200!
bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and
blowing or by other methods as required to remove all dirt, laitance, and loose materials.
Paint shall not be applied to Portland cement concrete pavement until the areas to be painted are clean
of curing material. Sandblasting or high pressure water shall be used to remove curing materials.
620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the
paint application. ~,
620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing
shown on the plans. Paint shall not be applied until the layout and condition of the sutface have been
approved by the Engineer. The edges of the markings shall not vary from a straight line more than Y2
inch (12 mm) in 50 feet (15 m) and marking dimensions and spacings shall be within the following
tolerances:
Dimension and Spacing Tolerance
36 inches (910 mm) or less +/- Y2 inch (12 mm)
greater than 36 inches to 6 feet (910 mm to 1.85 m) +/- 1 inch (25 mm)
greater than 6 feet to 60 feet (1.85 m to 18.3 m) +/- 2 inches (5Imm)
greater 60 feet (18.3m) +/- 3 inches (76 mm)
The paint shall be mixed in accordance with the manufacturer's instructions and applied to the
pavement with a marking machine at the rate(s) shown in Table 1. The addition of thinner will not be
permitted. The plans shall indicate the period of time which shall elapse between placement of a
bituminous sutface course or seal coat and application of the paint.
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TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS, AND SILICA SAND
Paint Glass Beads, Type I, Glass Beads, Silica Sand
Square feet per Gradation A Type ill Pounds per gallon
gallon, fe/gal Pounds per gallon of Pounds ~~r gallon of of paint--Ib.lgal.
(Square meters paint--Ib.lgal. paint--Ib./gal. (Kilograms per
Paint Type per liter, m2/I) (Kilograms per liter (Kilograms per liter liter of paint--kg/l
of oaint--kg/I) of paint--kwl
Waterborne 115 ft2/gal. 7 Ib.lgal. minimum 12 Ib.lgal. minimum 4 Ib.lgal. minimum
maximum (0.85 kgll) (1.45 kg/I) (0.5 kg/I)
(2.8 m2/1)
Solvent Base 115 ft2/gal. 7 lb.lgal. minimum 12 lb./gal. minimum 4 Ib./gal. minimum
maximum (0.85 kgll) (1.45 kgll) (0.5 kg/I)
(2.8 m2/I)
Epoxy 90 ft2/gal. 15 Ib.lgal. minimum 24 lb./gal. minimum 8 Ib.lgal. minimum
maximum (1.8 kgll) (2.9 kg/I) (1.0 kg/I)
(2.2 m2/I)
Methacrylate 45 fe/gal. 15 Ib./gal. minimum 24 Ib./gal. minimum 8 Ib.lgal. minimum
maximum (1.8 kg/I) (2.9 kg/I) (1.0 kg/I)
(1.1 m21l)
The edges of the markings shall not vary from a straight line more than ~ inch (12 mm) in 50 feet (15
m), and the dimensions shall be within a tolerance .of plus or minus 5 percent.
Glass beads shall be distributed upon the marked areas at the locations shown on the plans to recei ve
glass beads immediately after application of the paint. A dispenser shall be furnished which is
properly designed for attachment to the marking machine and suitable for dispensing glass beads.
Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall not be applied to
black paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until
corrections are made.
All emptied containers shall be returned to the paint storage area for checking by the Engineer. The
containers shall not be removed from the airport or destroyed until authorized by the Engineer.
620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage
until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage,
or drippings of paint.
620-3.7 REMOVAL OF EXISTING MARKINGS. Existing markings shall be removed by water
blasting or grinding. In order to avoid damaging the pavements during the water blasting operations,
the Contractor shall only utilize a water pressure that is sufficient to remove the pavement markings.
In the event that the pavement is damaged by the water blasting operations, the Contractor shall reduce
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the water pressure, or shall utilize other approved methods to remove the pavement markings. Do not
use chemical paint remover.
METHOD OF MEASUREMENT
620-4.1 The quantity of pavement markings to be paid for shall be the number of square feet of
painting performed in accordance with the specifications and accepted by the Engineer.
'''-:.
620-4.2 Measurement of removal of existing markings for payment shall be the number of square feet
removed, as shown on the Plans or as directed by the ArchitectlEngineer, performed in accordance
with the specifications and accepted by the Architect/Engineer. No measurement for payment will be
made for the removal of temporary pavement markings, or the removal of striping tape.
620-4.3 The quantity of 12" high letter marking to be paid for shall be per lump sum in accordance
with the plans and these specifications.
BASIS OF PAYMENT
620-5.1 Payment shall be made at the respective contract price per square foot for pavement
markings, reflective media, removal of existing markings and lump sum for 12" high letter markings.
This price shall be full compensation for furnishing all materials and for all labor, equipment, tools,
and incidentals necessary to complete the item.
Payment will be made under:
Item P-620-5.1
Final marking (yellow or white
reflective beads at 100% application
rate) - per square foot
Item P-620-5.2
Removal of existing markings - per square foot
Item P-620-5.3
12" high letter markings - per lump sum
TESTING REQUIREMENTS
ASTM C-146 Chemical Analysis of Glass Sand
ASTM C 371 Wire-Cloth Sieve Analysis of Nonplastic Ceramic Powders
ASTM D 92 Test Method for Flash and Fire Points by Cleveland Open Cup
ASTM D 711 No-Pick-Up Time of Traffic Paint
ASTM D 968 Standard Test Methods for Abrasion Resistance of Organic
Coatings by Falling Abrasive
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P-620-7
ASTM D 1652
Test Method for Epoxy Content of Epoxy Resins
ASTM D 2074
Test Method for Total Primary, Secondary, and Tertiary Amine
Values of Fatty Amines by Alternative Indicator Method
ASTM D 2240
Test Method for Rubber Products-Durometer Hardness
ASTM G 53
Operating Light and Water-Exposure'''''
Apparatus (Florescent UV-
Condensation Type) for Exposure of
Nonmetallic Materials.
Federal Test Method Paint, Varnish, Lacquer and Related Materials; Methods of Inspection,
Standard No. 141 Sampling and Testing
MATERIAL REQUIREMENTS
ASTM D 476
Specifications for Titanium Dioxide Pigments
Code of Federal Regulations 40 CPR Part 60, Appendix A
29 CPR Part 1910.1200
Fed. Spec. TT-B-1325 Beads (Glass Spheres) Retroreflective
Fed. Spec. TT -P-85
Paint, traffic and Airfield Marking, Solvent Base
Fed. Spec. TT-P-110
Paint, Traffic Black (Nonreflectorized)
Fed. Spec. TT-P-1952
Paint, traffic and Airfield Marking, Waterbome
Federal Standard 595
Colors used in Government Procurement
END OF ITEM P-620
Key West International Airport
June,200!
P-620-8