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06/14/2000 Contract ~, ,. .. .. CONTRACT DOCUMENTS RESURFACING TAXIWAYS AND APRON KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA ... ... ... A.LP. NO. 3-12-0037-1500 PFC Application No.4 Item Nos: 25437518401 & 25438518401 FOOT WPI Project No. 6826783 & 6826784 URS Greiner Woodward Clyde Contract No.: C500002520.65 ... Prepared for: ... ... THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. SHIRLEY FREEMAN, DISTRICT 3 MR. GEORGE NEUGENT, DISTRICT 2 MS. WilHELMINA HARVEY, DISTRICT 1 MS. NORA WilLIAMS, DISTRICT 4 MS. MARY K. REICH, DISTRICT 5 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER ... - - Prepared by: URS GREINER WOODWARD CL YDE FEBRUARY, 2000 VOLUME 1 OF 2 - CONTRACT DOCUMENTS RESURFACING TAXIWAYS AND APRON KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA A.I.P. NO. 3-12-0037-1500 PFC Application No.4 Item Nos: 25437518401 & 25438518401 FOOT WPI Project No. 6826783 & 6826784 URS Greiner Woodward Clyde Contract No.: C500002520.65 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. SHIRLEY FREEMAN, DISTRICT 3 MR. GEORGE NEUGENT, DISTRICT 2 MS. WilHELMINA HARVEY, DISTRICT 1 MS. NORA WilLIAMS, DISTRICT 4 MS. MARY K. REICH, DISTRICT 5 Prepared by: URS GREINER WOODWARD CL YDE FEBRUARY, 2000 VOLUME 1 OF 2 3: 0 o ..._ z ~ :::0("')-- Or=: "';x-< ("'). r- CI("'). c:-::=;; z:Oo ~(")r :< - .:r ..,' > r- C" f~ ", g ::!J _ r- c:: /TI CD 0 N .." &- 0 :::::0 - :::0 :z r'T1 C5 ("') _. 0 -, :::0 Q C MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER ADDENDUM No.1 MAY 11,2000 To Plans, Specifications and Contract Documents for Resurfacing Taxiways and Apron. Key West International Airport PFC Application No.4 FDOT WPI Project No.:6826783 & 6826784 URS Greiner Woodward Clyde Contract No.: C500002520.65 TO ALL CONCERNED Plans, Specifications and Contract Documents for the Construction of Resurfacing Taxiways and Apron, PFC Application No.4, FDOT WPI Project No. 6826783 & 6826784. This Addendum No.1 shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum on the Proposal Form (Section C, Page 1-14 and Section H, Page 1-27). Also, please sign this page of the addendum and return by fax (305) 261-4017 to confirm your receipt. Company Name URSGreinerWoodward Clyde ~4~~. Signature Signature Name Title Page 1 ADDENDUM No.1 Page 1 Addendum No.1 To Plans, Specifications and Contract Documents for Resurfacing Taxiway and Apron Key West International Airport 1- Modification to the plans. Sheet 2 2 2 3 3 3 5 5 6 8 22 24 24 Modification Modified quantity ofItem No. P-211-5.1 "8" Limerock Base Course (Stockpiled on- site)": From 4700 CY to 5800 CY Modified quantity of Item No. P-211-5.2 "8" Limerock Base Course (Off-Site Borrow)": From 3300 CY to 2200 CY. Modified the unit and the quantity ofItem No. S-001-5.1 "Injection Weel (18" Steel Casing Drain Pipe)": From 540 LF to 6 EA. Added note to the east staging area; "Contractor shall clear and grub this area for staging. Cost shall be included in unit price for Mobilization; Pay Item No. P-lOl." Added to the note No.5 (General Project Notes), "The Contractor must immediately repair any damage done to existing facilities, structures or utilities at his own expense, with no costs to the owner." Added note No.ll (General Project Notes); "Contractor shall clear any dust capable of causing damage to aircraft. If this material is observed to be on active aircraft movement areas, it will be removed immediately. Air pollution (Dust) shall be controlled using water sprinkling methods. Water shall be clean, uncontaminated and obtained from sources approved by the AlE. Use power brooms to clean paved areas daily and immediately prior to opening any paved area to aircraft or vehicular traffic." Deleted note No.4 (Work To Be Performed, Phase II (b)); "Mill, overlay and regrade the area of taxiway "A" and existing connector from sta 29+30 to sta 30+50 as per the grading/drainage plans. This work shall be performed during night time hours from approximately midnight to 5:30 AM." Labeled "ARFF BUILDING" Labeled "ARFF BUILDING" Added note: "CONTRACTOR STAGING AREA" Added note: "Existing structure (S-20) to be modified. The cost shall be incidental to the project." Added note No.10: "Casting must be sealed with concrete in cap rock prior to advancing well beyond botton of casting." Added note No.ll: "Complete well to be tested for capacity; use FDOT and SFWMD procedures to test the well for constant head tests." Page 2 ADDENDUM No.1 page 2 24 Added note No.12: "Saturate the well until stabilized (Min. 2 minutes)." 24 Added note No. 13: "Start constant head test when the well is stabilized and run for a minimum of 10 minutes taking readings every minute." 24 Added note No.14: "The Certification of Class V well Construction Completion, DEP Form 62-528.900(4) and the Well Completion Report from the appropriate Water Management District shall be submitted by the licensed well driller within two days after completion of construction." 24 Added "Water Sources"notes: Note No.1: "Provided by driller." Note No.2: "Maybe taken from adjacent canals by pump and hose." 24 Added drainage well detail to section B-B (Injection well). 30 Added to note No.3 (Lighting General Notes); "If the Contractor damages any FAA cables, he should immediately call the FAA: Emil Vanhote (305)294-7410." 30 Added to note No.5 (Lighting General Notes); "Emil Vanhote (305)294-7410." II-Modifications to the Specifications. (See Attachment) 1. Deleted Schedule of Bid Items, pages 1-16 to 1-20 and Replaced by New Schedule of Bid Items, pages 1-16 to 1-20. 2. Deleted Special Provision No.7 "LIST OF DRAWINGS", Page IV -43 and Replaced by New Special Provision No.7 "LIST OF DRAWINGS", Page IV -43. III-MISCELLANEOUS NOTE Permiting from F.D.E.P and S.F.W.M.D are still pending for the west apron (Areas 1 and 2). If the permits are not received by the time of notice to proceed construction, this work maybe delay until later in the project. In addition the east apron expansion has not also been permited yet, however this work is in the last phase of the project and permiting is anticipated to be received prior to construction. In the unlikely event permiting is not received, the east apron expansion maybe delated from the project. IV-Response to Plan Holder's Questions (See Attachment) V-Geotechnical Investigation Report (See Attachment). ADDENDUM No.1 Page 3 Page 3 SCHEDULE OF BIDS ITEMS BIDDER: DATE: AIRPORT NAME: Key West Int'I Airport PFC APP. NO. --4- AI.P. NO. 31200371500 WPI PROJECT NOS. 6826783 & 6826784 ITEM NOS. 25437518401 & 25438518401 PROJECT DESCRIPTION: Resurfacinq Taxiways and Apron - Key West Int'I Airport Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 1 Mobilization L.S. 1 P-101-3.1 at Dollars and Cents 2 Maintenance of Air Operations Area Traffic L.S. 1 P-102-14.1 at Dollars and Cents 3 Asphalt Pavement Millino (0" to 1 1/2") S.Y. 68,500 P-150-4.1 at Dollars and Cents 4 Asphalt Pavement Millino (> 1 1/2") S.Y. 7,100 P-150-4.2 at Dollars and Cents 5 Clearino and Grubbino ACRE 7 P-151-4.1 at Dollars and Cents 6 Modify Existino Aircraft Tie Downs (includino E.A. 126 P-151-4.2 Removal of Cables) at Dollars and Cents 7 Remove Existino Drainaoe Inlets (includino E.A. 6 P-151-4.3 Pluooino of Drain Pipe) at Dollars and Cents Modify Existino Drainaoe Structures to be E.A. 2 8 abandoned in place (includino backfillino with P-151-4.4 concrete) at Dollars and Cents ADDENDUM No.1 page 4 N:\V Al-ENCIA\SPECS\MONROE\SCHBID IWPD 1-16 Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 9 Modify Existina Trench Drains to be abandoned L.F. 250 P-151-4.5 in olace (jncludina backfillina with concrete). at Dollars and Cents 10 Remove Existina Liaht Pole E.A. 2 P-151-4.6 at Dollars and Cents 11 Existina Structures to be adiusted to made E.A. 9 P-151-4.7 at Dollars and Cents 12 Asohalt Pavement Demolition S.Y. 2,800 P-151-4.8 at Dollars and Cents 13 Unclassified Excavation C.Y. 8,600 P-152-4.1 at Dollars and Cents 14 Muck Excavation C.Y. 1,600 P-152-4.2 at Dollars and Cents 15 Borrow Excavation C.Y. 1,800 P-152-4.3 at Dollars and Cents 16 Stockoiled Material (unclassified) C.Y. 1,500 P-152-4.4 at Dollars and Cents 17 Stock oiled Material (Limerock) C.Y. 5,800 P-152-4.5 at Dollars and Cents 18 Pollution. Erosion and Siltation Control L.S. 1 P-156-5.1 at Dollars and Cents 19 8" Limerock Base Course (Stockoiled on Site) C.Y. 5,800 P-211-5.1 at Dollars and Cents 20 8" Limerock Base Course (Off-site Borrow) C.Y. 2,200 P-211-5.2 at Dollars and Cents 21 Bituminous Concrete Surface Course (3/4" TON. 16,200 P-401-8.1 Maximum Aaareaate) at Dollars and Cents ADDENDUM No.1 N:I VALENCIA ISPECSIMONROEISCHBID I WPD 1-17 Page 5 Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 22 Bituminous Prime Coat Gal. 17,900 P-602.5.1 at Dollars and Cents 23 Bituminous Tack Coat Gal. 15,000 P-603.5.1 at Dollars and Cents 24 Temoorarv or Initial Markina (Yellow or White) S.F. 10,500 P-620-5.1 without Reflective Media at 50% Application Rate at Dollars and Cents 25 Final Markina S.F. 20,052 P-620-5.2 at Dollars and Cents 26 18" Reinforced Concrete Pipe (Class V ) L.F. 99 D-701-5.1 at Dollars and Cents 27 24" Reinforced Concrete Pipe (Class V) L.F. 2600 D-701-5.2 at Dollars and Cents 28 Inlet Type "F" (Unpaved Areas) E.A. 9 D-751-5.1 at Dollars and Cents 29 Inlet Type "F" with Baffle (Unpaved Areas) E.A. 6 D-751-5.2 at Dollars and Cents 30 Inlet Type I (Paved Areas) E.A. 3 D-751-5.3 at Dollars and Cents 31 Manhole Type II (Paved Areas) EA 1 D-751-5.4 at Dollars and Cents 32 Soddina S.Y. 15,087 T -904-5.1 at Dollars and Cents 33 Cable Trench L.F. 9,330 L-108-5.1 at Dollars and Cents 34 Furnish and Install Cable (1/c. #8.5kv.L-824. L.F. 12,305 L-108-5.2 Type C), in trench. duct or conduit complete in place at Dollars and Cents N:\ V ALENCIA\SPECS\MONROE\SCHBID IWPD 1-18 ADDENDUM No.1 Page 6 Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 35 Furnish and Install Counterpoise Wire (#6. L.F. 9,330 L-108-5.3 BSD Copper stranded) 600 volt with around rods. complete in place at Dollars and Cents 36 1W2 Conduit (2" PVC Schedule 40. Tvpe I) L.F. 8,000 L-110-5.1 at Dollars and Cents 37 2W2 Concrete Encased Duct (2" PVC. L.F. 685 L-110-5.2 Schedule 40. Tvpe I) at Dollars and Cents 38 4W2 Concrete Encased Duct (2" PVC.Schedule L.F. 290 L-110-5.3 40, Tvpe I) at Dollars and Cents 39 2W4 Concrete Encased Duct (4"PVC.Schedule L.F. 755 L-110-5.4 40. Tvpe I) at Dollars and Cents 40 Furnish and Install Junction Can Plaza -2 (16" E.A. 17 L-110-5.5 DIA, 24" deep) complete in place at Dollars and Cents 41 Furnish and Install Junction Can Plaza -4 (16" E.A. 9 L-110-5.6 Dia. 24" deep) complete in place at Dollars and Cents 42 Furnish and Install L-861T Taxiwav Edae E.A. 92 L-125-5.1 Liahts: (base mounted) complete in place at Dollars and Cents 43 Remove Existina L-861T Taxiwav Edae Liahts, EA 56 L-125-5.2 Stake mounted. at Dollars and Cents 44 Remove and Reinstall Existina L-861T Taxiwav E.A. 27 L-125-5.3 Edae Liahts. base mounted at Dollars and Cents N:\ VALENCIA \SPECSlMONROE\SCHBlDI WPD 1-19 ADDENDUM No.1 Page 7 Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 45 Furnish and Install L-867 Base Can (12"DIA. E.A. 28 L-125-5.4 class I) comolete in olace - at Dollars and Cents 46 Existina L-858Y Taxiway Guidance Sian to be E.A. 1 L-125-5.5 relocated and connected to new taxiway edae liahtina circuit at Dollars and Cents 47 Iniection well (18" Steel Casina Drain Pioe) E.A. 6 S-001-5.1 at Dollars and Cents 48 New concrete tie downs E.A. 166 at Dollars and Cents 49 Cables for tie downs L.F. 5,500 at Dollars and Cents 50 Connection to the ExistinQ VASI L.S. 1 at Dollars and Cents TOTAL BID ITEMS 1 THROUGH 50: $ N:I VALENCIA ISPECSIMONROE\SCHBID I.WPD 1-20 ADDENDUM No.1 Page 8 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 Cover Sheet 2 Index of Drawings and Summary of Quantities 3 Project Layout Plan and Security Notes 4-8 Construction Safety Plan 9 - 10 Utility Demolition Plan 11 - 12 Typical Sections 13-16 Geometry Plan 17 Taxiway Profile 18 - 22 Grading and Drainage Plan 23 - 24 Drainage Details 25 - 28 Marking Layout Plan 29 Pavement Marking Details 30 - 33 Lighting Layout Plan 34 Airfield Lighting Details 35 - 51 Cross Sections IV-43 ADDENDUM No.1 Page 9 PLAN HOLDER'S QUESTIONS Page 4 ADDENDUM No. I Page 10 Ma~ U4 UU U4:U~p B. A. T. CONSTRUCTION, INC. (305)296-9094 p. 1 $ -B.A.T. Construction, Inc. 305-296-6619 phone 305-296-9094 Fax Suite 106 121 US Highway One Key West. FL 33040 May 4, 2000 Mr. Andres Gutierrez, PE, Project Manager URS Greiner Woodward Clyde 5805 NW 11lh Street, Suite 340 Miami FL 33126-2503 RE: Key West International Airport Resurfucing Taxiways and Aprons VIA FACSIMILE: 305-261-4017 Gentlemen: Please fmd our question regarding the above referenced plans and bid sheet specifications. Item No. 17 refers to a quantity of 5,800 estimated cubic yards of Stockpiled Material, (Limerock) which comes from excavation at the site. Item No. 19 refers to an estimated quantity of 4, 700 Cubic Yards of Limerock base Course (Stockpiled on Site) to be replaced into the site from this Stockpiled Material. My question is as follows: Why is the entire estimated 5,800 cubic yards of Stockpiled Material not to be incorporated into the site, considering there is an additional estimated cubic yardage to be brought in of off-site borrow material? Please advise as soon as possible. Sincerely, PJJ r Phil Braeunig Vice President ADDENDUM No.1 Page 11 11c.;J....J -~ ~~ ~~. ~~r --......... ..........-. .... ........, r. . B.A.T. CONSTRUCTION, INC 121 US HWY.#l STE. 106 KEY WEST, FLORIDA 33040 FACSIMILE TRANSMITTAL SHEET TO: Andres Guiterrez !'ROM Phil Braeunig/Marie Clark DA TF.: May 10, 2000 TOTAL NO. OF PAGES INC1.UDING COVER: COMPANY: URS Greiner Woodward Clyde FAX NUMBER: 305-261-4017 1 PHONE NUMBER, SENDER'S REFERENCE NUMBER: RE" Key West Allport Taxiways & Aprons YOUR REFERENCE NUMBER; o URGENT o FOR REVIEW o PLEASE COMMENT 0 PLEASE REPLY o PLEASE RECYCLE NOTES/COMMENTS: Gentlemen; Please advise per Sheet 24, Note #5 regarding the Injection Wells. It has come to our attention that there is not an ASTM A=615. Please advise. In addition, by Grade 40 do you mean schedule 40? Can you provide Wall Thickness requirements for the wells? Thank you for your prompt response. Sincerely, Marie Clark PHONE 305-296-6619 FAX 305-296-9094 ADDENDUM No.1 Page 12 ient By; PAVEX COHPOHA1ION; 9544299637; May-5-QQ 6:54AM; Page 1/1 ; ~1l~ .-.... ~ CORPORATION 2~1 N.W. at. STREET. POM"ANO BEACH. FL JJ073 (tS4) .c211-11712 Andres Gutlerre:t. URS Greiner Woodward ClydeJnc_ 5805 NW 11 rh Street, Suite 340 Miami,FL 33126-2034 Re: Key West International Airport Bid - Q C.sve ~o..c..'" ,,~.c;: .... f"" ^.c.11:> A? ~D N S May 5, 2000 Dear Mr. Gutierrez 1 would like to know what the control tower company will charge us to stay open from 9PM to midnight so that we can work during those hours. Thank you. Vincent Padula 1L:A p~ ADDENDUM No.1 Page 13 ......." .AN :'G_ ~Aa....u..T ....".....t A.M~ 11~.;;J.l..I:................. .........~I<:I ~ . I I. I.. L.. U I '..J I I' U....... I J. U I I , J.. I ........ .. t..JU...JJL..JU ~U..:J'"T p. 1 B.A.T. CONSTRUCTION, INC 121 US HWY.#l STE. 106 KEY WEST, FLORIDA 33040 FACSIMILE TRANSMITTAL SHEET TO: Andres Guiterrez FROM, Phil Braeunig/Marie Oark COMPANY: URS Greiner Woodward Clyde DATE: May 10, 2000 FAX NUMBER, TOTAL NO. OF PAGI"..5 INCLUDING COVER.: 305-261-4017 1 PHONE NUMBER, SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE NUMBER: Key West Airport Taxiways & Aprons o URGENT o FOR REVIEW o PLEASE COMMENT 0 PLEASE REPLY o PLEASE RECYCLE NOTES/COMMENTS: Gentlemen; Please advise what the specifications are for the cable listed in item 49. There are no specifications listed. Please advise. Thank you for your prompt response. ;;r~ Marie Clark PHONE 305-296-6619 FAX 305-296-9094 ADDENDUM No.1 Page 14 RESPONSE TO PLAN HOLDER'S QUESTIONS BY: RA.T. CONSTRUCTION, INC. DATE: MAY 4, 2000 The entire estimated 5800 CY of item No. P-211-5.1 "8" Limerock Base Course (Stockpiled on site)" is going to be used in the site, reducing the amount of item No. P-211-5.2 "8" Limerock Base Course (Off-Site Borrow)" from 3300 CY to 2200 CY. BY: RAT. CONSTRUCTION, INC. DATE: MAY 10,2000 Disregard note No.5 of sheet No. 24 and see "Volume 2 of 2 specifications" item No. S-OO 1 STORMW A TER GRAVITY INJECTION WELL, page S-00l-3 for steel casing dimensions. BY: RA.T. CONSTRUCTION, INC. DA TE: MAY 10, 2000 New aircraft tie down cables shall match the existing aircraft tie down cables. ADDENDUM NO.1 Page 15 Page 6 BY: PA VEX CORPORATION DATE: MAY 5, 2000 The reinbursement required by the control tower to operate between 9:00 PM. to midnight is approximately sixty dollars per hour ( $ 60/hr.). Contractor may be use this cost for bidding purpose. Final negotiation between the contractor and the control tower will be required. ADDENDUM No. I Page 16 Page 7 GEOTECHNICAL INVESTIGATION REPORT Page 8 ADDENDUM No I Page 17 ~ Laboratory Testing Two grain size tests, two water content tests and one organic content test were conducted in the laboratory on representative soil samples obtained from the soil test borings to aid in classifying the soils and to help quantify and correlate engineering properties. In addition, five CBR tests were conducted on bulk samples of pavement base material to help establish pavement design parameters. The results of these tests are presented on the attached CBR Test Summary and Classification Test Summary sheet. A brief description of the laboratory test procedures used is presented below: Water Content - The water content is the ratio expressed as a percentage of the weight of water in a given mass of soil to the weight of the solid partides. This test was conducted in general accordance with ASTM 0-2216. Grain Size Distribution - The grain size tests were performed to determine the particle size and distribution of the sample tested. The sample was dried, weighed, and washed over a No. 200 mesh sieve. The dried sample was then passed through a standard set of nested sieves to detennine the grain size distribution of the soil partides coarser thah the No. 200 sieve. This test is similar to that described by ASTM 0-422. Percent Organics (Organic Loss on Ignition) - The amount of organic material in a sample is determined in this test. The sample is first dried and weighed, then ignited and reweighed. The amount of organic material is expressed as a percentage. California Bearing Ratio - In conducting the California Bearing Ratio (CBR) test, a Modified Proctor compaction test was first performed on the test sample in order to obtain the maximum dry density and optimum moisture content of the soil material. Soil-filled molds made during the compaction test were then submerged, and completely inundated for a period of 96 hours. Following the saturation period, the soil-filled molds were penetrated with a 1.95-inch diameter piston at a rate of approximately 0.05 inches per minute. The load applied to the piston at a penetration of 0.1 inches divided by 1000 or at 0.2 inches penetration divided 1500 is the California Bearing Ratio or CBR value. This test was performed in general accordance to the test methods described in ASTM Designation D-1883, "Bearing Ratio of Laboratory Compacted Soils." SUMMARY The borings initially encountered a flexible pavement section that consisted of 3 to 7 inches of asphalt (average of 5.7") and 4 to 9 inches of limerock (average of 6.7") on the runway; and 1~ to 6 inches of asphalt (average of 3.6") and 4 to 15 Y2 inches of limerock (average of 6. T) on Taxiway fAA". The underlying material consisted of soft limestone to the depths explored. It was therefore difficult in some cases to determine the boundary between the limerock pavement base and the similar appearing soft limestone and in those instances the base thickness was estimated. At borings on the west end of the runway I taxiway loose dark brown organic very silty sand was encountered at B-5 from 8 to 10 feet and grey clayey fine sand was penetrated in A-1 from 2 to 5 feet. The groundwater depth ranged from about 2 to 4 feet. The maximum CBR values ranged from a minimum of 50 to a maximum of 116. The average CBR value was 89. ADDENDUM No.1 Page 18 3 - " z' I , <\\, It '\ ! .' .' / \\ ~; . . I .\ \,) \ r - - \\ ~--!/ ,/'- '- ~ ~"',-' j./ .-=- "~~ -'.... I ~ . 1 , /, / :.:1' ::1' :: " '1 .. .. , .;-1.'. I , I o' I :;'..\ " \' \ ".. \. l . ' .. \ , , ' , '. \ I.. ;/. '.i i. -:/ .( [( 0.... .. f .i "- t.l .~ " . " <l "' .' i .' " ( \, ) I " I \, ... --//.<" ) /.\.- . " ,// ... \ \ . 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I I '. . , \n" 1l11l11\1~1' I' '.j , f--' -'-- . -e g. ~ ~ ~ ~ ~ ~ i ] ~ ~ M O'~ ~ .s ~~ ~ ~ ~ ~ iU' Ii';> ~ ~ ~ ~ -0 Oz z- - I- , Cf) 0w>- zl-C:: ~~O ~l!>~ t-zC:: IC::O owlXl Ujw<( t-Z..J ~0 <{z Ow <<)~ lLIN 0~O~ >-=....i~~ :;:"-.0.0 x: IU 0. 0-.. -INN V)::::!~........ ~>(!,2; --.JZo--o... :i:O..............., n..(I).-iX ~W<( OU.....U- ~<( -0 -. -<> oni3~;8 NN~~ -0"" . . ,- .U)N xlt~~ ~i~~ -U~~ o ~~ ~~.-iX <tW<t ..J.....LL .D' 100 0' ~ ~ ,~'3 8 ....,g.D G1J ]~ 8 ~ ~ .~ I ~~ ~.~ S Er H ....,fijS3 .0-)0 ~1~ &~ I I I ~& Cl Z P-l CJ P-l ~"II ADDENDUM No.1 --.- ---.. .-........, .,'-.. ENGINEERING & TESTING LABORATORY LAKE CITY . JACKSONVIllE . PENSACOLA TEST BORING RECORD ~Project: Key West Airport - Key West , Florida orlng Location: Runway 9-27, SrA 47 + 25, 170' R of Cl Ground Elevation: Not Provided "=;roundwater Depth: 2.4 Ft. @ TOO _ength of Casing Set: None uepth (m Q) Depth 0.' EO (m oZ (/) 0- 1 2 5- 3 4 5 10 MATERtAL DESCRIPTION o SOFT Tan Sandy LIMESTONE -5 .10 Boring Tenninated @ 9.3 Ft. - ~15 15 ~20 20 ~ 25 25 - , -30 -30 JOB NO. 98-364 # BORING NO. B-1 Sheet 1 of 1 Boring Began 11-19-98 Boring Completed 11-19-98 Driller Lewis Dykes Engineer Lewis E. Hay STANDARD PENETRATION TEST BLOWS /6 -INCH BLOW COUNT (N) -/-/7/8 8/7 /7 /12 15 14 _ 18/28/28/17 56 13/15/19/19 34 28/35/50=4" 100+ emarks: BORING & SAMPlING: ATSM D1586 BLOW COUNT (N) IS THE NUMBER Of BLO'vIIS Of 140 lB. HAMMER FAlliNG 30 iN. REQUIRED TO DRIVE 1.4 IN. IN 10. SAMPlER 1 FT. ADDENDUM No.1 page 20 ENGINEERING & TEsTING LABORATORY LAKE cnv . JACKSONVILLE. PENSACOLA ..IUUI-.JU. .IO-Sb4 TEST BORING RECORD # I Project: Key West Airport - Key West , Florida . ;orlng Location: Taxiway "A", STA 27 + 50, Cl ~. Ground Elevation: Not Provided , ';roundwater Depth: 3 Ft. @ TOD \ .ength at Casing Set: None ~ Depth MATERIAL DESCRIPTION I (R) BORING NO. B-2 Sheet 1 of 1. Boring Began 11-19-98 Boring Completed 11-19-98 Driller Lewis Dykes Engineer lewi s E. H.'lY EO ~ - 5 l=- t=- ~10 l - SOFT Tan Sandy LIMESTONE (J) STANDARD PENETRATION TEST Depth 0.- EO (fT) oZ BlOW U) BLOWS I 6 -INCH COUNT (N) 0- 1 22/13/16/18 29 2 14/6/31/40 37 5- 3 46/50=4" 100+ 48=4" 100+ Boring Terminated ~ 6.3 Ft. 10 t 15 l= 15 t==- 20 20 I=- , - 25_ 25 t=- - -30 t Remarks: -30 BORING & SAMPlING: ArSM 01586 BLOW COUNT (N) IS THE NUMBER Of BLOWS Of 140 LB. HAMMER FALLING 30 IN. R[QUlRfD TO OONE 1.<lIN.IN ID. $AMPlER 1 FT. ADDENDUM No.1 Page 21 ~-.-- ..--.. ~~ JU4 J I Project: Key West Airport - Key West, Florida . ~orlng Location: Taxiway "A", STA 8 + 00, CL I Ground Elevation: Not Provided Sroundwater Depth: 1 Ft. (a roo _ength of Casing Set: None BORING NO. B- 3 Sheet 1 of 1 Boring Began 11-19-98 Boring Completed 11-19-98 Driller Lewis Dykes Engineer Lewis E. Hay I Depth <FO MATl:RtAl DESCRIPTION G> STANDARD PENETRATION TEST Depth (i. EO <FD oZ BlOW Cf) BLOWS I 6 -INCH C~T (N) 0 1 -/18/18/32 36 2 38/50=2" 100+ 5- 3 28/42/50=3" 100+ 4 39/50=2" 100+ FO 1= -5 E SOFT Tan Sandy LIMESTONE Boring Terminated @ 6.7 Ft. t=- =10 I. 10 - 1=15 15 l=- E 20 20 ~ E 25 25 I -30 I Remarks: 30 BORING & SAMPlING: AISM D1S86 BlOW COUNT (N) IS THE NUMBER Of BlOWS Of 140 LB. HAMMEQ rAtLING 30 IN REQU1RtDTO 001VE 1.41N.lN LD SAMPlER 1 Fl ADDENDUM No.1 Page 22 ENGINEERING & Tb.ING LABORATORY LAKE CITY . JACKSONVILLE · PENSACOLA JVD I'4V. ':11)-364 TEST BORING RECORD ., I Project: Key West Airpo~t - Key West. Florida loring Location: Runway 9-27. STA 6 + 00. I Ground Elevation: Not Provided ;roundwater Depth: 3.8 Ft. ~ IDD ,length of Casing Set: None BORING NO. B-4 Sheet 1 of 1 25' R of Cl Boring Began 11-19-98 Boring Completed 11-19-98 , Driller 1 pWl s Dykps Engineer 1 pWl S F. HrlY Gl STANDARD PENETRATION TEST Depth 0.' EO (Fl) OZ BlOW cJ') BLOWS I 6 -INCH COUNT(N) 0- 1 18/27/33 60 2 18/29/38/44 67 5 3 24/36/48/- 84 4 21/38/44/50=3" 82 5 20/18/29/31 47 10 I Depth (Fl) MAT~RIAL DESCRIPTION 1=0 E -5 .1= SOFT Tan Sandy lIMESIDNE l= =-10 I=- Boring Terminated @ 10.0 Ft. '=15 l=- 15 E-20 20 F -25 25 -30 30 Remarks: BORING ll< SAMPliNG: A1SM D1586 BLOW COUNT (N) IS THE NUMBER Of BLOWS Of 140 LB HAMMER FALLING 30 IN. REQUIRED 10 DRIVE 1.41'l. IN 10. SAMPLER 1 FT. ADDENDUM No.1 PHOP 71 I _<)rg....~~ ~.o~' ENGINEERING & TL.."lNG LABORATORY !i C \t-- LAKE CITY. JACKSONVILLE. PENSACOLA o -'l I ~~ ?f TEST BORING RECORD Os . 3.L~ I Project: Key West Ai~rt - Key West, Florida 30rlng Location: Runway 9-27, STA 31 +. 50, 25 f L of Cl I G d EI tt n NotPtovided roun eva'o: Sroundwater Depth: 3 . ~ Ft. @ TOD I Length of Casing Set: None I Depth (FT) cD Depth 0.- E 0 (R) oZ (f) 0- 1 2 5 3 4 5 10 MATt:RIAL DESCRIPTION J=O . " 1= SOFT Tan to Grey Sandy LIMESTONE - .- 5 E- J=- =10 I LOOSE Dark Brown Organic Very Silty Fine SAND (SM) with a few Limestone Fragments Boring Terminated @ 10.0 Ft. I 15 15 I=- I 20 20 t- I 25 25 t=- -30 I Remarks: 30 -....... JU,-+ ~ BORING NO. B-5 Sheet 1 of 1 Boring Began 11-1 q-qR Boring Completed 11-19-98 Driller Lewis Dykes Engineer Lewis Hay STANDARD PENETRATION TEST BLOWS I 6 -INCH BLOW COUNT (N) 8/11/20 15/13/8/9 31 21 5/6/6/3 3/3/2/1 12 5 2/2/3/5 5 BORING & SAMPlING: ATSM DI586 BlOW COUNT (N) IS THE NUMBER Of BLOWS Of 140 LB HAMMER FALLING 30 IN. REQUIRED TO DRIVE 1,41N IN I.D SAMPLER I fl ADDENDUM NO.1 Page 24 ENGINEERING & TESTING LABORATORY P.O. Box 1625,lake City, FL 32056-1625 6900 PhirlpS Hwy., Ste. 3, Jacksoovill9, FL 32216 7850 Rex Drive, Mihan, Fl32570 lake City . (904) 755-3633 Fax . (904) 752-5456 Jacksonvile~. (904) 296-7201 . Fax. (904) 296-7202 Milton . (904) 626-0080 Fax. (904) 626-0190 AUGER BORING RECORD Key West International Airport Key West, Florida Cal-Tech Project No. 98-364 Date Performed: November 18 & 19,1998 BorinQ No. Depth, STA No. feet Soil J Materi~1 Description A-1 0.0 - 0.6 Asphalt (1") RJW 9-27 0.6 - 1.2 Limerock Base (7") ST A 1 + 30, CL 1.2- 2.0 Tan Slightly Clayey Sandy LIMESTONE 2.0 - 5.0 Grey Clayey Fine SAND (SC) with some small limestone fragments AT GWL: Not Recorded A-2 0.0 - 0.5 Asphalt ( 6 1/2") RJW 9-27 0.5 - 1.0 Limerock Base (7") ST A 7 + 20, CL 1.0 - 3.5 Tan Sandy LIMESTONE 3.5 - 5.0 Tan Sandy LIMESTONE with some clayey fine sand seams AT GWL: Not Recorded A-3 0.0 - 0.5 Asphalt ( 6 1/2") RJW 9-27 0.5 - 1.2 Limerock Base (7 1/2") STA 15 + 10, Cl 1.2 - 2.5 Tan Sandy LIMESTONE 2.5 - 3.5 Tan Sandy LIMESTONE with some clayey fine sand seams AT GWL: Not Encountered @ TOO; Auger Refusal @ 3.5 Ft. A-4 0.0 - 0.5 Asphalt (6") TIW"A" 0.5 - 1.2 Limerock Base (8") STA 46 + 50, Cl 1.2 - 3.0 Tan Sandy LIMESTONE AT GWL: 1.8 Ft. @ TOO; Auger Refusal @ 3.0 Ft. A-S 0.0 - 0.2 Asphalt (2 1/2") TIW"A" 0.2 - 1.0 Limerock Base c"'.(':') STA 40 + 60, CL 1.5 - 2.0 Grey Sandy LIMESTONE 2.0 - 4.0 Tan Sandy LIMESTONE with some clayey fine sand seams AT GWL: 3.2 Ft. @ TOO; Auger Refusal @4.0 Ft. A-6 0.0 - 0.2 Asphalt ( 1 3/4") TIW"A" 0.2 - 1.0 Limerock Base (10") STA 32 + 70, CL 1.0-3.5 Tan Sandy LIMESTONE 3.5 - 4.0 Light Brown Slightly Clayey Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 4.0 Ft. ADDENDUM No.1 Page 25 A-7 0.0 - 0.2 Asphalt (2 1/2") TNV"A" 0.2 -1.5 Limerock Base (151/2") STA 25 +00, CL 1.5 - 3.5 Tan Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 3.5 Ft. A-8 0.0 - 0.3 Asphalt (4") TNV"A" 0.3 - 1.0 Limerock Base (8") STA 17 + 00, Cl 1.0 - 3.5 Tan Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 3.5 Ft A-9 0.0 - 0.4 Asphalt ( 43/4") TNV"A" 1.5 Limerock Base (13 114") STA 11 + 00, Cl 1.5 - 2.0 Tan Slightly Clayey Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 2.0 Ft A-10 0.0 - 0.3 Asphalt ( 3 1/2") TNV"A" 0.3 - 1.0 Limerock Base STA 4 + 00, CL 1.0 - 4.0 Tan Silty Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 4.0 Ft A-11 0.0 - 0.4 Asphalt (4 1/2") RlW 9-27 0.4 - 1.0 Limerock Base rr 1/2") ST A 36 + 25 1.0 - 2.5 Tan Sandy LIMESTONE 100' R of CL 2.5 - 4.0 Tan Sandy LIMESTONE with some clayey fine sand seams AT GWL: Not Encountered @ TOO; Auger Refusal @ 4.0 Ft. A-12 0.0 - 0.4 Asphalt (4 1/2") RlW 9-27 0.4 - 1.2 Limerock Base (9 1/2") STA 15 + 50 1.2 - 3.5 Tan Sandy LIMESTONE 100' R of CL 3.5 - 5.0 Tan Slightly Clayey Sandy LIMESTONE AT GWL: Not Recorded A-13 0.0 - 0.5 Asphalt (6 1/2") RNV 9-27 0.5 - 1.0 Limerock Base (5 1/2") ST A 26 + 80 1.0 - 2.0 Tan Sandy LIMESTONE 25' R of CL 2.0 - 4.0 Light Brown Slightly Clayey Sandy LIMESTONE AT GWL: Not Encountered @ TOO; Auger Refusal @ 4.0 Ft. A-14 0.0 - 0.6 Asphalt (7") RlW 9-27 0.6 - 1.3 Limerock Base (9") STA 31 + 50 AT GWL: Not Encountered @ TOO; Auger Refusal @ 1.3 Ft. 25' L of CL A-15 0.0 - 0.2 Asphalt (3") RlW 9-27 0.2 - 0.6 Limerock Base (4") STA 44 + 20, Cl 0.6 - 4.0 Tan Sandy LIMESTONE 4.0 - 5.0 Grey Sandy LIMESTONE with some Clayey Fine Sand Seams AT GWL: Not Recorded A-16 0.0 - 0.3 Asphalt (4") RIW 9-27 0.3 - 1.0 Limerock Base (8") STA 17 + DO, CL 1.0-2.0 Tan Sandy LIMESTONE 2.0 - 4.0 Tan Sandy LIMESTONE with some clayey fine sand seams AT GWL: Not Encountered @ TOO; Auger Refusal @ 4.0 Ft. ~ NOTES: AT - Auger Boring Terminated GWL - Groundwater Level TOO - Time of Drilling ADDENDUM No.1 Page 26 ENGINEERING & TESTING LABORATORY P.o. Box 1625, Lake City, FL 32056-1625 6900 Philips Hwy., Ste. 3, Jacksonville, FL 32216 7850 Rex Drive, Mihon, FL 32570 LaKe Gny . (Y04) 755-3633 Fax . (904) 752-5456 Jacksonville · (904) 296-7201 Fax . (~) 296-7202 Milton. (904) 626-Ooao Fax . (904) 626-0190 CBR TEST SUMMARY Key West International Airport Key West, Florida Cal-Tech Project No. 98-364 Maximum Optimum Sample No. Dry Density Moisture Maximum Location Depth (PCF) - Content, % CBR Value CBR-1 RIW 9-27, STA 12 + 40 CL Base 116.1 13.7 - 90 CBR-2 RIW 9-27, STA 24 + 20 25' L Base 119.8 13.2 99 CBR-3 TfW "A", STA 39 + 00, CL Base 126.5 9.5 116 CBR-4 TfW "A", STA 18 + 50, CL Base 116.1 14A 90 CBR-5 RIW 9-27, STA40 + 60, 25 R Base 121.8 12.7 50 CLASSIFICATION TEST SUMMARY Boring Sample Water % Passing - Sieve Size Organic Unified Soil No. Depth, Ft. Content 1/2" 3/8" #4 #10 #40 #80 #200 Content, % Classification 8-5 8.0 - 10.0 100.9 99 98 93 84 65 45 38 7.5 SM A-1 3.5 - 5.0 25.0 91 84 74 66 44 29 19 -- SC ADDENDUM No.1 Page 27 ~ ~ ..,,~~, ... ~ I. '-', · L' U..' "r>" ,_ n n.Lv''''lM.I'4 \,,1..: "'1" nl.:~II' I.: LOCI\ . I 1--\1~ u '-VI~.)I:>I tN Cy . SILTS AND CLAYS No. of Blows. N Relative Consistency )-2 VERYSOR 3 -4 SOFT 5 -8 FIRM ~ -15 STIFF 16 - 30 VERY STIFF nVER30 HARD LIMESTONE - No. of Blows. N 100 = MORE THAN 2' 100 = 2' OR LESS RelatIve Hardness SOR HARD SANDS AND GRAVELS No. of Blows. N 0-4 5-10 11-30 J 1-50 Over 50 Relative Densit VERY LOOSE lOOSE MEDIUM DENSE DENSE VERY DENSE LEGE N 0 I (SPT: Standard Penetration Test) - SPT Sample o - SPT Sample (no recovery) . - UD Undislurbed Sample 0- UD Undisturbed Sample (no recovery) v - GWL @TOD T - GWL after 24 Hours GWl- Groundwater level TOO - Time of Drilling B.T. - BorIng Terminated ~ % - Cored Internal wllh % recovery NR - Not Recorded NE - Not Encountered RQD - Rock Quality Designation KEY TO SOil CLASSIFICATION CAl-TECH TESTING, INC. PARTICLE SIZE IDENTIFICATION (UNIFIED CLASSIFICATION SYSTEM) BOULDERS: Diameter Exceeds 12 Inches COBBLES: 3 to 12 Inches DIameter GRAVEL: COARSE -3/4 fo 3 Inches Diameter FtNE -4.76 mm to 3/4 Inches Diameter COARSE .2.0 mm to 4.76 mm Diameter MEDIUM -0.42 mm to 2.0 mm Diameter FINE -0.074 mm to .42 mm Diameter SAND: SILT AND CLAY: Less Than 0.074 mm (Particles Can Not Be Seen With Naked Eye) MODIFIERS These Modifiers Provide Our Estimate of the Amount of Minor Constituenls (Slits or Clay size Parllcles) In the Soli Sample APPROXIMATE CONTENT OF MODIFIERS OTHER COMPONENTS Less Than 5% Trace 5% - 12% SlIg hlly Silly or Slightly Clayey 13% . 30% Silty or Clayey 31%-50% Very Silty or Very Clayey MODIFIERS These Modifiers Provide Our Estlmale of the Amount of other components In the Soli Sample APPROXIMATE CONTENT OF APPROXIMATE CONTENl OTHER COMPONENTS OF ORGANIC (SheD. Glovel. Etc.) MODIFIERS COMPONENTS 0-5% TRACE 1%- 2% 5% - 12% FEW 2%- t1% 1 2% - 30% SOME 4% - 8% 30% - 50% MANY >8% ADDENDUM No.1 Page 28 ENGINEERING & TESTING LABORATORY P.O. Box 1625, Lake City, FI,. 32056-1625 6919 Distribution Avenue S., Unit #5, Jacksonville, FL 32257 Lake City. (9(4) 755-3633 Fax. (904) -;52-5456 Jacksonville. (904) 262-4046 Fax. (904) 262-4047 JOB NO.: 99-477 LAB NO.: 02007 REPORT NO.: 1 DATE: 12/22/99 REPORT OF: Pavement Test Data Summary PROJECT: K~ West International Airport Resurfacing Runway, Taxiway & Apron REPORTED TO: URS Greiner, Woodward, Clyde 5805 N. W. 11th Street Suite 340 Miami, Florida 33126-2034 Attn: Andres Gutierrez MATERIAL: SAMPLE LOCATION: Limerock See Attached Sketch) DATE SAMPLED: 12/07/99 TEST DATA SAMPLE NO. MAX. DENSITY OPT. MOIST. %CBR % CARBONATES A = STA 54 116.7 12.6 118 91.52 B = STA 55 116.4 13.2 121 91.68 C = STA 56 115.6 12.2 115 91.18 PAVEMENT THICKNESSES LOCATION NO. PAVEMENT THICKNESS LOCATION 1 2" Apron 2 2 1/8" Apron 3 1 1/2" . Taxiway 4 1 3/4" Taxiway 5 1 1/2" Taxiway The limerock conforms with the P-211 and FOOT Test Requirements. Respectfully Submitted, CAL-TECH TESTING, INC. ~~'. Linda M. Creamer ~~an, PhD., P.E. President - CEO Goetechnical Engineer 2cc: Client 1 cc: File 11./1.Z./'>5 ADDENDUM No.1 Page 29 Cal- Tee" Testing, Inc. · Engineerin!; · Geotechnical · Environmental P.O. Box 1625. Lake City. FL32056-1625. Tel{9(4)75S-3633. Fax(904)7Ji2-54S6 a oratories 6919 Distribution Ave. S., Unit #5, Jacksonville, FL 32257 . Tel{9(4)262-4046 . Fax{9(4)4047 REPORT OF LIMEROCK BEARING RATIO (FM-5-515) and MODIFIED PROCTOR (ASTM D-1557, AASHTO-T180) URS Greiner, Woodward. Clyde, Inc. 5805 NW. 11th St Ste. 340 File No: 99-477 ~ey '!!.est International Airport MiamI, FL 33126-2034 Date: 12113199 Key West, Florida Lab No: 01960 URS Greiner, Woodward. Clyde, Inc. Client: Project Name: Project Location: Contractor: The test results presented in this report are specific only to the samples tested at the time of testing. The test was performed in accordance with generally accepted methods and standards. Since material conditions can vary between test locations and change with time, sound judgement should be exercised with regard to the use and interpretation of the data. ~e~. President - CEO ~~ Alate: (1..//<t/'7S . FL Registration No: .>---Z & / L.. LBR Value 145 140 135 130 125 Ql 120 ;:, I'll > 115 ~ en 110 ...J 105 100 95 90 85 10 11 12 13 14 15 16 120 " ..... .....'l I I I I J I LL 119 o Q. - >- 118 .t:: CIl ~ 117 o t::' 116 o 115 10 11 12 13 14 15 Moisture Content (%) Sample Description: Sample Location: Proposed Use: Sampled By: Tested By: Remarks: Limerock STA53+00 Base Phillip Johnson Matthew Sauer 2cc: Client 1cc File Date: Date: 12m99 12/14/99 LBR DATA Sample No.: 3 LBR Value: 143 Max. Dry Density: 119.0 Optimum Moisture: 12.2 % Carbonates: N/A % Pass 3 1/2" Sieve: 100% % Pass No.4 Sieve: 50% Liquid Limits: N/A Plasticity Index: N/A 16 ADDENDUM No.1 .Y1==J ../ II o 1.1 I > \ \ ~ t.,. ~ 1/. R / ~III l~ . I ~:, I ~ ill I . ~ I I ~I ~~~ \1 f I \\~ -J: ,\. I ~\~ 'I '~. :. I;" i \ i .... t"\1 \ \ " \1 ,,\ ': ~i \ \' - I I \ \ \ k \. ~~~ ~ ~ ~ V\ Q ~ ~ .~ ~ ~ ~ ~~"J~ ~~~~ ,,'/. ~ !; ~ to< 'If ~ ft ; JI'~ E ~ 1~li ~~ It y ~"- L ...:1 , I. :0; ;l;H~ It . ~ i~ i rfi . ~i 'i:! ( U.~i ~ !l:~! ."" B .~~l Ud~ -~? 1 \l" ~ ~ ~ ~ ~ ~ ~ ~l. ~ ~ ~ ~ ~ ~ .~ ~~ ~~Vl~ ~~ <~i~ ~ ~ H~ ~ ~ b ~l J ~ ~ ~ 'th ~ ~~ -J !t"\ ~~ ~~~"t: ~~ }t>~~ '-'\~ "'\::.~\-~ . .. ., La .1 Sr i RIg J 'h~J ~~ ii!i., .' l' .;~! d ~ ~ - !~ lt~ ~._ ~'- .e~ . i. i~ II! ~; ~ .. ~ !: , ~ ~ . . ~ ~ '. h; ! ~7 so ~ ~ '"' .e i l . i \?g ~ ~ ~ t I J I: ~i ~ ~ ~ .. !i 1", II ,._ ~ 12 '! & II ~ "t :~ t a ~ l~ h ... d ~ ~m0 - / /1 1/ - . .'( // I" -. ,. ; (~ 1 ADDENDUM No. PClGP II I I ""I ! ~ ! I I i I i m-l -P H C/) 0 +>0.. \0 s:: H r-i Gl-rl N E~ I Gl I'- r.:>r-l (J) fiJ 0 Itl .-IH~ . Il. 0. 0 g E-.... S::H-P 0 ltI -P ..... s:: ~ U -POH OJ ltI H OJ 'r"\ Ho.+>~O O~~ H .-I HIl-lIl. a: 0 ~-P ..c: Iil III ><;t u '0 OJ Q.I 'OS::~-PE-< .-IfU OJI OJ :>-'OJr-l ..... 0 OJ.c Itl ~~::'::(J)O ... .. I Q .. ~ ~ u: .. 0 .. 0- X ... 2 ... > ~ ... + .~@ + + + ADDENDUM No.1 Page 32 tl\ll.:7Il\lttKII\jb (X Il:'::> I 1l\j\.::7 lJ\O V KI\\ V 1\.1 LAKE COY · JACKSONVILLE. PENSACOLA TEST BORING RECORD ~ I Project: Key West International Airport Improvements 30ring Location: AC and GA. Apron-See Fiel<! Exploration Plan Ground Elevation: Not Provided I Sroundwater Depth: 3.5 Ft. @ TOO Length of Casing Set: None BORING NO. B-13 Sheet 1 of 1 Boring Began . 8-22-97 Boring Completed Driller Frank Linehan Engineer Ed Hay CI> Depth Depth 0..- MATER4AL DESCRIPTION EO I (Fl) (Fl) 02 (J) '- 0 0- 1= 1 2 F SOFT TAN SANDY LIMESTONE -5 5- 3 J=- STANDARD PENETRATION TEST BLOWS I 6 -INCH BLOW COUNT (N) 2/10/26/50 36 '50 = 6" 100+ Auger Sample Boring Terminated @ 6.0 Ft. I=- .=-10 J=- (1) Some Clay Seams 10 ~15 15 l=- >-- , 20 20 -=- 25 25 30 30 Remarks: BORING & SAMPLING: ArSM D 1 S86 OLOW COUNT (N) IS THE NUMOER OF BLOWS Of 140 LB. HAMMER fALlING)O IN. REQUIRED 10 DRNt 1.4IN. IN 10. SAMPLER 1 H. ADDENDUM No.1 paae 33 ENGINEERING & TESTING lABORATORY LAKE CllY · JACKSONVILLE · PENSACOLA ----- TEST BORING RECORD .. Project: Key West International Airport Improvements oring Location: AC and GA Apron-See Field Exploration Plan._ _' Ground Elevation: Not Provided - --;roundwater Depth: GWl: 4.0 Ft. @ TOD ength of Casing Set: None BORING NO. B-14 Sheet 1 of 1 Boring Began 8-22-97 Boring Completed Driller Frank Linehan Engineer Ed Hay Depth (FD MATERIAL DESCRIPTION CD STANDARD PENETRATION TEST Depth 0.. EO (F1) oZ BLOW en BLOWS /6 -INCH COUNT (N) 0- 1 26/14/10/9 24 2 9/12/15/27 27 5 3 2,50 = 6" 100+ o SOFT TAN SANDY lIMESTONE - 5 Boring Terminated @ 5.0 Ft. (1) SOFT DARK BROWN SANDY PFAT ~10 10 l.~ 15 I 15 ~ 20 20 I=- 1,- 25 -25- r-- -30 I Remarks: 30 . I BORING &. SAMPlING: ATSIvI DIS86 BLOW COUNT (N) IS THE NUMBER OF BLOWS Of 160 LB HAMMER FALliNG 30 IN. REQUIRED 10 OOIVE 1.4 IN IN 10. SAMPLER 1 F1 ADDENDUM No.1 .' il( Ii ,\\ I ~~j ~o^ ..J.~.')~ .. . :;Il:~- LAKE CITY · JACKSONVILLE. PENSACOLA L-.,.......,.....L...L..........,__ '"-^ ..Lv.............., L.-.I ~..............,...... \.._...... -- TEST BORING RECORD ~ I Project: Key West International Airport Improvements . ~oring Location: AC and GA Apron-See Field Exploration Plan ;round Elevation: Not Provided I Groundwater Depth: 2.0 Ft. @ roo . None _ength of Casing Set: BORING NO. B~15 Sheet 1 of 1 Boring Began 8-22-97 Boring Completed Driller Frank Linehan Engineer Ed Hay , Depth I (FT) -0 F:== MATERIAL DESCRIPTION Depth (FT) CD 0.- EO oZ (/) STANDARD PENETRATION TEST BLOWS I 6 -INCH BlOW COUNT (N) o 1= -5 r===- SOFT TAN SANDY LIMESTONE 1 2 3/7/2/5 50 = }" 5 - 3 Auger Sample Boring Terminated ~ 6.0 Ft. ~ =-10 f=- (1) lOOSE DARK BROWN SILlY FINE SAND WITH SOME ROOTS (Topsoil) (SM) (4") 10 E15 15 F l=- 20 20 r=- J~25 25- t=- -30 .1 Remarks: 30 J BORiNG & SAMPlING: AISM D1586 BLOW COUNT (N) IS THE NUMBER Of BLO'NS OF 140 LB. HAMMW FALLING 3D IN. REQUlRfD TO DRIVE 1.4 IN. IN LD SAMPLER 1 fL ADDENDUM No.1 Pi'lap 1" 'l?rg~":C~0-<-, I::NGINI::I::k'IN(:7 & 11::~IIN(:7LAl5Uf{AIUl<l :; . ~ LAKE CITY · JACKSONVILLE . PENSACOLA . . ~~ j TEST BORING RECORD Os .:u.~ , I P . t Key West International Airport Improvements rOJec : i. \oring Location: AC and GA Apron-See Field Exploration Pl an I ~round Elevation: Not Provided '=;roundwater Depth: 3.0 Ft. @ TOO _ength of Casing Set: None .---- $ BORING NO. B-16 Sheet 1 of 1 Boring Began 8-22-97 Boring Completed Driller Frank Linehan Engineer Ed Hay 1=0 SAND WITH SOME CI> STANDARD PENETRATION TEST Depth 0.- EO (Fl) oZ BlOW V) BLOWS I 6 -INCH COUNT (N) 0 1 9/13/35/10 48 2 18/28/30/50=4" 58 I Depth (FT) MATERIAL DESCRIPTION SOFT TAN SANDY LIMESTONE 1= -5 E- 5 3 Auger Sample Boring Tenninated @ 6.0 Ft.. l=- =-10 I=- 10 - 1=15 t=- 15 t= 20 20 I l 25 25 l ;- 30 t= I Remarks: 30 BORING & SAMPLING: ATSM Dl586 BlOW COUNT (N) IS THE NUMBER Of BLOWS Of I <10 LB. HAMMW fALLING 30 IN. REQUIRED TO DRIVE 1.4 IN IN LD SAMPLER 1 rT ADDENDUM No.1 PrlOC> <h I /rg \-\V' ""J/.-<.. ENGINEERING & TESTING LAHUKAIUKY (i C '~ LAKE CITY · JACKSONVILLE · PENSACOLA ~~ ~; TEST BORING RECQ,RD Os . 3.L~ -- " ~ Oroject: KEY WEST INTERNATIONAL AIRPORT IMPROVEMENTS :loring location: AC and GA Apron-See Field Exploration .Plan I Ground Elevation: Not Provided ;roundwater Depth: 3.5 Ft. @ roD I _ength of Casing Set: None BORING NO. B-17 Sheet 1 of 1 Boring Began 8-22-97 Boring Completed Driller Franlc Linehan Engineer Ed Hay I Depth (FD ,- 0 MATER1AL DESCRIPTION CD STANDARD PENETRATION TEST Depth Cio Ez. (FT) 0 BlOW CI) BLOWS I 6 -INCH COUNT (N) 0 1 8/2/2/5 4 2 50 = 5" 100+ . SILlY TO ClAYEY FINE SAND WIlli SOME ROOTS,lIMESTONEFRAGMENTS AND(l' . t- SOFT TAN SANDY LIMESTONE -5 l=- 5 - 3 Auger Sample Boring Terminated ~ 6.0 Ft. l=- 10 E (1) DARK BROWN ORGANIC SILT SEAMS 10 E15 15 =- 20 20 =- 25 =- 25 - . . . -30 30 Remarks: BOfIING & SAMPLING: ATSM DI586 BLOW COUNT (N) IS THE NUMBER OF BLOWS Of 140 LB HAMMER FALLING 30 IN, REQU1fIED TO DRIVE 1.4 IN, IN I.D. SAMPlER 1 FT ADDENDUM No.1 ENGINEERING & TESTING LABORATORY P.O. Box 1625. Lake City. FL 32056-1625 6900 PhilIpS Hwy.. Sta. 3 . Jacksonville, Fl 32216 AUGER BORING RECORDS AC and GA Apron Improvements Key West International Airport Key West, Florida Cal-Tech Project No. 97-216 rax. ('d04) 752-5456 Jacksonville. (904) 296-7201 Fax. (904) 296-7202 I, Milton' (904) 626-00BO Fax . (904) 626-0190 . Soil/ Material Description Boring Depth, No. Ft. C -1 0.0 - 0.2 Asphalt Pavement (2 3/4") 0.2 - 5.0 T an Sandy Limestone AT C -2 0.0 - 0.2 Asphalt Pavement (2 1/2") 02 - 5.0 T an Sandy Limestone AT C-3 0.0 - 0.1 Asphalt Pavement (1 ") 0.1 - 5.0 Tan Sandy Limestone AT . C-4 0.0 - 0.2 Asphalt Pavement (2 3/4") 0.2 - 5.0 Tan Sandy Limestone AT C - 5 0.0 - 0.3 Asphalt Pavement (3 1/2") 0.3 - 5.0 Tan Sandy Limestone AT C - 6 0.0 - 0.1 Asphalt Pavement (1 ") 0.1 - 5.0 T an Sandy Limestone AT C-7 0.0 - 0.3 Asphalt Pavement (3") 0.3 - 5.0 T an Sandy Limestone AT C - 8 0.0 - 0.3 Asphalt Pavement (3 3/4") 0.3 - 5.0 T an Sandy Limestone AT C-9 0.0 - 0.3 Asphalt Pavement ( 3 1/4") 0.3 - 5.0 Tan Sandy Limestone AT C -10 0.0 - 0.3 Asphalt Pavement (3 1/2") 0.3 - 5.0 T an Sandy Limestone AT AT = Auger Boring Terminated Note: The Groundwater Level Was Not Recorded At The Time Of Drilling. ADDENDUM No.1 Page 38 ENGINEERING & TESTING LABORATORY P.O. Box 1625, Lako City, FL 32056-1625 6900 Philips Hwy., Ste. 3, Jacksonville. Fl 32216 7850 Rex Drive, Mihon, FL 32570 Bearing Ratio Test Summary Key West International Airport Improvements Key West, Florida Cal-Tech Project No. 97-216 LBR Tests Maximum Maximum Dry Density Bearing Location feE Value LBR-l 118.6 145 LBR-2 110.9 75 LBR-3 155 122.3 CBR Tests CBR-4 116.0 110 CBR-5 118.2 127 Fax. (904) 752-54s~6~v Jacksonvillo . (904) 296-7201 Fax' (9g4) 296-7202 Millon. (904) 626-0080 Fax. (904) 626-0190 MateriallDescription Classification Limerock Brown Slightly Silty Fine SAND With Some Limestone Fragments Limerock Brown Fine SAND With Some Limestone Fragments Tan Silty Fine SAND With Some Limestone Fragments ADDENDUM No.1 Page 39 II) +' C II> E II> > co o "'" 0. ~ Ecut-- --00> tL:c) 0.2 z a. 11. +' .: _0 <(+'Gl .....~O' CU::;.. .... C>D- .2 >..c +'11>0 CU~II> E l- II> ...!. .... cu C <-> .... II) .C) ~ >. II> ~ -0 ~ II> In <( <( ~ ~ ~ " ~ <( <( ~ ~ ~ ....,. In :!::ca Z Z . Z Z c- " (J) (J) D.. 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E 0 ..- ..- ..- ..- N .- .- ..- .- ..- ..- .- roZ (I) rn c: . (") "'f <J? or m 0 (") '<t Ii) <D r-- .- 0 . . ..- .- ..- ..- ..- .- oZ Q) Q) Q) ro ro I I I , I ro Q) ro ro Q) ro m I I .' II> c: o .... CI) Gl E ~ II <( Z ADDENDUM No.1 Page 40 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR . RESURFACING TAXIWAYS AND APRON A.I.P. NO. 3-12-0037-1500 PFC Application No. 4 Item Nos: 25437518401 & 25438518401 FOOT WPI Project No. 6826783 & 6826784 URS Greiner Woodward Clyde Contract No. C500002520.65 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS GREINER WOODWARD CL YDE FEBRUARY, 2000 VOLUME 1 OF 2 TABLE OF CONTENTS VOLUME I DIVISION I .............................................. BID DOCUMENTS DIVISION II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CONTRACT DIVISION III ........................................ GENERAL PROVISIONS VOLUME II DIVISION IV .............. . . . . . . . . . . . . . . . . . . . . . . . . . .. SPECIAL PROVISIONS DIVISION V ................. ..... ......... ... TECHNICAL SPECIFICATIONS 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-21 SECTION E - DRUG-FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-23 SECTION F - PRIME BIDDER'S QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . .. 1-24 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES ...................... 1-26 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM . . . . . . . . . .. 1-27 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 1-28 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT ...................... 1-29 SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ........... 1-31 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 . . . . . .. 1-34 SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES. . . . . . . . .. 1-35 SECTION N - FEDERAL WAGES DECISION ............................. 1-36 SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUTARY EXCLUSION - 49 CFR PART 29. . 1-41 1-1 SECTION A INVITATION FOR BIDS Sealed bids will be received by the Monroe County Board of County Commissioners until 3:00 P.M. Thursday, May 18, 2000 for the furnishing of all labor and materials and performing all work for constructing the following contract: Resurfacing Taxiways and Apron 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, Key West, Florida, 33040. The major items of work for the contract will be as follows: Construction of New General Aviation Apron, New Connectors from Taxiway "A" to the existing Air Carrier and General Aviation Apron, New Apron Extension of the existing Air Carrier Apron to the east, overlay of existing Taxiway "A", connectors and existing General Aviation and Air Carrier Apron. Also included New Drainage, Airfield Lighting and Pavement Marking layout at Key West International Airport. Copies of the bidding documents (Contract Documents) may be obtained from URS Greiner Woodward Clyde, Inc., 5805 NW 11th Street, Suite 340, Miami, Florida, 33126-2034, Telephone 305/262-7466, upon payment of $75.00 to URS Greiner Woodward Clyde, Inc., 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. The Contractor will be required to pay all workers on this project the prevailing scale of wages contained in the Contract Documents. 1-2 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. 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 Greiner Woodward Clyde, Inc., 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. 1-5 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 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 1-6 designating one member of the firm to execute the contract shall be filed with the 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 one hundred and seventy five (175) 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. 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. 10-1990, 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 Key West, Florida 33040 Resurfacina Taxiways and Apron 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, or his power to execute such contract, to any person, firm or 1-9 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 Engineer for general 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 in compliance with the provisions of the Florida Trench Safety Act (Sections 1-10 553.60-553-64, 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 in part by the use of Passenger Facility Charges collected by Monroe County, in part from funds from the Work Project Improvement (WPI) Program administered by the Florida Department of Transportation (FDOT) and part from Federal funds under the FAA Airport Improvement Program (AlP). 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are 11.25% DBE subcontractor goals for 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: DeE 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 1-11 whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 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 six 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 I- I- 1-' I- I I- I I , , I , 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: ?(.>.."'~ L '-1'': ~ ~"c.~..:, r?~., ^,w <~ v,;H < ~ L/'C->......' -,() 'J J . tJ..o'Vf;o~ c' '~r\<:'-\A) (:'" '- -S -~c 'l--S Submitted (Date): PJ/J'1 /1'. tXocO 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 Provisions and Specifications furnished; and that he has satisfied himself 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: Resurfacing Taxiways and Apron 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 understanding 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 r' r r r r r r r r r ,- ,-' r- ,-' I J -- , I 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 and afterthe 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 of ~uJc c)r-\\\~ N~~~'\ 0~ ~ l~ dollars ($ made payable to the Monroe County Board of Commissioners. or a bid bond for the sum ) I acknowledge receipt of Addenda No.(s) I . I have included Pages 1-13 through 1-41 of the Bid Proposal which entails the Proposal Form v , Schedule of Bid Items , Prime Contractor's Qualifications , the Drug-Free Worf5place Form , / , the Bid Bond ---- , Acknowledgment of Addenda ~ , Bidder's Affi~avit of Compliance with Flo~ Trench Safety Act. I Swom Statement Under OrdInance NO.1 0-1990 . The Disclosure of Lobby Activities.-- , the Sworn Statement Pursuant to Section 287.133(3)a ___ , the Disadvantaged Business Enterprise Program -----, and the certification Regarding Department, Suspension, Ineligibility and Voluntary Exclusion .,/. Also include a copy of valid Contractor's licenses and evidence of Competency and evidence of Financial Responsibility (Checkmark items above as a reminder that they are included.) 1-14 I - - - - - - - - - - - - - - - - - ~ Mailing Address: '.;~"~,'" PAVEX CORPORATION 2501 N. W. 48th STREET POMPANO BEACH, fL 33013 Phone Number: S ~ --t - ~ 2- R - 8 '7/ Z. Date: /1'JAY /8 ..,<':(1:" Signed: / Witness: ~~.A. ~ ERBY A. C V1C~IDENT 1-15 - SCHEDULE OF BIDS ITEMS BIDDER: AIRPORT NAME: Kev West Inri Airport p~C APP. NO. ~ Al.P. NO. 31200371500 WPI PROJECT NOS. 6826783 & 6826784 ITEM NOS. 25437518401 & 25438518401 PROJECT DESCRIPTION: Resurfacina Taxiways and Aoron _ Key West Int" Airoort PAVEX CORPORATION DATE: $.7 Q~u Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Sid in Words Unit Quantity Numbef8 Total 1 Mobilf2ation L.S. 1 - - P-101-3.1 at A",A. Hu"IJ~ ~- .A"" ~"'~lIars -4....SJ(Joo 4 "is. C>ll~ and ~C:O Cents -:-:-::- 2 Maintenance of Air Operations Area Traffic LS. 1 - - P-102-14.1 at...e? ~ ~ T'r" ~ ~ Jl4J.>t:) Dollars Qo,ooe Bo.... J and ""_ Cents =- 3 Asohalt Pavement Millina (0- to 1 1/2") S.Y. 68,500 t.. P-'50-4.1 at <:>10> .r Dollars 1- /o~~oo- and 3J~ Cents 4 Asohalt Pavement Milling (> 1 1121 ~ S.Y. 7.100 .z 9~ P-150-4.2 at ~C) OoIJars ~ ~ 5'<10 - and ...".~~ Cents =-=: 5 .c1earin!;J and Grubbina ACRE 7 ~ P-151-4.1 at 7?l0fr~~. -tt..:Io ~j)"'- Dollars 3, "loo ,1.~ ..,~ - and ==~~ Cents 6 Modify Existina Aircraft Tie Downs (includin.g E.A. 126 ?j> P-t51-4.2 s.. Removal of Cables) ., o. II J./.1'f - at ->,~~ DOllars , and ,.. ~ -J::',v~ Cents 7 Remove ExisrinQ Drainage Inlets (includina E.A 6 P-151-4.3 PlugoinQ of Drain P;Qe) Beo - t} 280 - at n ~ #I r ~"",..-o e,"" it. t+TY Oollars and No Cents =-- Modify Emtino Drainaae Stwctures to be EA 2 8 abandoned in Drace! flncludin(l backfillin.... with - - P-151-4.4 concrete} 7/~ I, ,y;y at ~V6-y.., ~-~... ~."'L""~ : Dollars and ~o Cents - '; .Y.'\l.f:'<c... ,sPEC$" "Io;"..!:E'~HIlIDl ....PD '.16 ADDENDUM No.1 p~ .. t e5Fri :~rlR t : t OO-gt-^Bl^l : L 89FH3?'. vvC;A 99S096<::S08 ~ : +'it l.S3M A3>1 : 0 'NnTIVHnrlHn~ X~^Vrl :^R IUS ..... --- ---- Ilem& Unit Spec. Item Description & Unit Estimated Price In ExtendE No. Price Bid in Words Unit Quantity Numbers Toral 9 MOdify Existino Trench Drain3 to be abandoned L.F. 250 P-151-4.5 in place (incllJdinq backtillina with co;;cr~tel. 5~" 1.1 CQO ~ .., at ,c:; PTY_"",- DOllars and IJtJ Cents 10 Remove Existina Lioht Pole : EA 2 - 3io - P-1S1-4.6 at~ ~O~l'I -t:a,.. ~ DOllars 7'-0 and 0.,)0 Canis ==- 11 ~stina Structures to ~ adjusted to arade - E.A 9 - . P-151-4.7 at ~".V" AI tf~ ~ ..s., )ou-y_ tc,~~ OOllars .3(.,S "3... L SOS and t-). Cents 12 ASDhalt Pavement Demolition S.Y. 2,800 ~ P-1$1-4.6 at Oollars /0, ",,/0 - "T)JL~ j' . and ~,.,~ Cents 13 Unclassified Excavation = C.Y. 8,500 31S P.152-4.1 at -n.u..r:!:'l:!" ~ollars ~ ~ ~ 090 and~, ~7l!ial.~ Cents 14 Mud: Excavation C.Y. 1,600 !% /", ~Y'o- P-152-4,2 at ~"-N) Dollars 10 and ;::,,.. 'f't..lC--J Cents =-- ~ 15 fli2rrow Excavation C.Y. 1,800 as P-152-4.3 at ~"""'"?"f' - S ,')C -= Oollaf'$ 2(,. - ~.:r, 1:1Q v,;! and ~,,~ - ,f:;,,,,,,,- Cents 16 Stockoiled Material (unclassified) -= C,Y. 1,500 4 ~9 - P-152-4.4 at 51 'l' Dollars , 1,35 ~ and ..., l pool ~ Cents =- ~ 17 Stock oiled Material (Umerock) ex 5,800 ~ - P-152-4.5 at ~o Dollars .:l /~ , fj;.J and~J ~I'r'- ~~ve Cents ,. 18 Pollution. Erosion a~tatiOI} Control L.S. 1 r P-156-5.1 Dollars 7vou - "7, ...co al.-5<vcr- 7'U.._~ and .... D Cents I =- 19 8- limerock Base Course (StockPiled on Site) . C.Y. 5,800 '7,5 - P-211-5.1 at ~Yr:--v~~ Dollars I - 9'1 oI7(J I and J1Cl ".~ Cents =- 20 8N lime rock Base Course (Off-site Borrow) C.Y. 2,200 37 12 P-211-S.2 at ~~7Y -s~,,....., DOllars 8>3 oS'() - and~~--..:t'r _ FIV'd" _Cents I 21 Bituminous Concrete Surface Course (3/4- TON. 16,200 93~ ~ P-401-8.1 Maximum AaareQste) = I S/71;lo at _t.;I\"'v-ry _ ~~ Dollars / ' and =-.:3')Cry'_ Jrlve Cents ... ....U..-"C"I".UECS....O.....<.T!oCHRID' t"~D 1-17 ADDENDUM No.1 - .. ~.:K 9/c aBBd :~d6~:~ 00-8~-A8f'\1 :L89f3f3c1717'16 ,-J :A'H lU8 :NOT'VHOrlHO~ X~^~ ~ ..-- - - Jtem & Unit Spec. Item Description & Unit EstJm8ted Price In &tended No. Price Bid in Words Unit Quantity Numbers Total 22 Bituminous Prime Coat Gal. 17,900 ttJ ?2 . - P...s02.5.1 aL 4~ Dollars /jy~ ~ and .:J~'V~r-r_ ~'Jc Cents 23 Bituminous Tack Coat Gal. 15,000 J~ P-603.5.1 at ",,~re- Dollars /I,;S'o ... and=-'?W~-FJvt!' Cents 24 TemDorarv or Initial Markino (Yellow or WhitE~.l S.F. 10,500 P-e2Q..S.1 without Renective MedIa at 50% AooJlcation Rate 3~o 3",'5'b - at~ DQllars and rill:. ry Cents 25 Final Markina S.F. 20,052 ~?J" - P..s20-5.2 at ~~<<A -= Dollars 9~..:;>Y? and ~7Y-F''''''e- Cents 26 18" R.;"fs1,ced Cone,.,. "'l)e rCI... V ~ L.F. 99 J/9. /,> .J! 0-101-5.1 4. '}/5: at ho-S::: - ~,~ Dollars ~ and TY - F, VC Cents 27 24W Reinforced Concrete Ploe (Class \I) L.F. ! 2600 S 3..- 0-101-5.2 at .....,..,..Y"- .Je!-ve~ Dollars 7. I'/S. "0 - and ~, c--ror Cents "I 28 Inlet TVDe 'IF" (Unoaved Areasl E.A. 9 - 0-751~5, 1 at .Ii......~,,~ .~ ~6.t.r>> ~~ollars J../. Ii'~ :17, (., ~ 'S"- I and ~q Cent:!i 29 Inlet Tvee "F" with Baffle (Un caved Areas) EA 6 .. D-751-5.2 atE~u.... ~ ~Jrl.l.r>> JJWY-A...r Dollars ~ I".r .lei.... '9'0- and ,...10 Cents 30 'nl:;:.JlD~ ':!aved Areas) E.A. J V~ollS'" 0-751-5.3 at I - F,"7IIif/tf>' TAAPw.J~ 7.1~~ ~ /5;3 SS'- and'!!! - ~ ~-"....r a:.u...u.t4t\>oCent:!i 31 Manhole TVOG II (Paved Areas) EA 1 ... II "",S'" 0-751-5.4 at~~_ ~"H1' ~ .5iP7'"l1C'OOIlSI'!i J1J ~4S ~ and Cents =- 32 Soddino S.Y. 15.087 T -904-5.1 ats~ Dollars Lo ~ 7 /ltJ,I:J5 and ::-71J ILry Cents 33 Cable Trench L.F. 9,330 ~ ~ l.~ 108.5.1 at ON e:- Dollars J /'-1, tt2B and ..sJx.~ Cents 34 Furnish and Install Cable (He, Ma.5kv.L-824. LF. 12,305 L-10a-~.2 TIJt>e Cl. in trench duct or c;nd;;;r co~~'e~e in ~ olace tJ OS 10, cIS9 at 2 ~'"1l!....Q Dollars and .#E74 ~- F,...~ Cents " V."USCIA SPECS'~IC"~C.s..:HllrOI II,IPn 1-18 ADDENDUM No.1 9/8 aBed :V'ldOC:: ~ 00-8~-^8V'1 :L8966C:vV96 P~L :NnTIVHn~Hn~ y~^~~ :,.(q lU8 .. ~ Item & Unit Spec. Item Description & Unit Estimated Price '" Extended No. Price Bid in Words Unit Quantity Numbers Total 35 Furnish and Install Counterooise Wire ~#6~ L.F. 9,330 L-108-S.3 BSD Cooner stranded} 600 volt ~th ro ~d /9fIJ' - mos. ~omDlete in place ~ 3'>" at b~'" Dollars and ~.,. Cents 36 1W2 Conduit {2" PVC Schedule 40. Tvoe I} LF. 8.000 3~ L-110-5.1 at ~ Dollars 30 ~ - . and 4?"..........~#;.....tr Cents 37 2W2 Concrete Encased Duct (2" PVC. L.F. 685 .I.so ~ l-110-5.2 Schedule 40. T....oe I) - ,;:1('), )~ 90S Dollars ; at ~."",.." and -nJ. , ....rr Cents 38 4W2 Concrete Encased Duct (2" PVC.SChed~e LF. 290 L-110-5.3 - ~O. Type I) 22> S' I'ZD.... at 71v~ - &;,,. H- r Dollars .. and fo#() Cents - =-:-- 39 2W4 Concrete EneUf<ld Duct (4"PVC.Schedule L.F. 755 ~ - L-110-5.4 40. Tvoe n 33- 2~ I}' S at ~14rr-- T'H~ Dollars and ,..:ou Cents 40 Furnish and Install Junction Can Plaza -2 (16" E.A. 17 - L-110-5.5 ~ 9~s .... 33.t.{f4 OIA. 24" deeD) comolete in clace at-=-..~. ~.... ~.*'C'O ..s,~-t:'~llars and t-'O Cents 4' Furnish and Install Junction Can Plaza -4 (16" E.A. 9 L-110-5.6 pia. 24" deeo) comolete in clace --=- - - ~SS5 3VnS at~ ~..~v--. ~ ~. FJ"""'-P,...cOollars and ,..0 Cents 42 Furnish and Install L-861T Ta)tiwav Edae E.A. 92 L-125-S.1 L.iQhts: (base mounted) comolete in Dlace - - 7&0 ?~".c;l at.-S'~ 4.;~,.~ r:-", ~~.,-y Dollars and ,v.J Cents 43 Remove Existlna L-661T iaxiwav Edae Uotlts, E.A. 56 , 9 1_0 'q L.12S.S.2 Stake mounted. J 'ul. at..s.. 117')0 _ N '..JW" Dollars I and .e'"l Cio"'l'Y Cents 44 Remove and Reinstall Existina L-861T Taxiwa't E.A. 27 L-125-5.3 EdQe Lights. base mounted - - /l;'~ 3 t.I~9 at Cl~C~~,.~ 7Yc-./r"y - JC'V."""" Dolla rs , and ,utili Cents " ....'le~C1A $p[cs \lfJ'~I,E;. "HIIlO' '" P(> 1-19 AOOENDUM No.1 q/p 8np,..J '~'~;H)7: l nn-Rl-^811\1 ~lP'qRR?f7VC,R ~~ ~NnT'~Hn~Hn~ Y~^W...J :^q lU8 . - -- .... Item & Uolt Spec. Item DeSCription &; Unit Estfmated Prfcein Extendec No. PrIce Bid in Words Unit Quantity Numbers Total 45 FurnIsh and Install L-887 Sase Can (12-DIA. E.A. 28 l-125-S.4 crass I) Comolete in olace ..y,Ro ~ ~ //" .,,,,, at ~ ~1..J41-tr;-D I\.u ~ Dollars and ~o Cents 46 Existfna l-858Y Ta~v GUidance Sia~to ~~ E.A. 1 L-125-5.5 relocated and connected to n;w t;';;;.. ed~e-=- - SolS - .!k1htina circuit ~ I" l.JSiS al OtIe 7}./o~J~~ jCp~ ,.c.4c1'l,l),ofC' "0 E"lWfy. ~2P"ars and ~o Cants :::- 47 InieCtion weff (18" Steel Casinq Drain Pipe) EA 6 - $-001-5.1 at~ oIUl' <"iI.. ~.;'" w (J ... ...... ............44..1;..... Dollars 3'1 <too ,.:10"\, '100 ~ I and ,...., Cents 48 t-Iew Concrete tie downs E.A. 166 ~JS- at_~ ~~ '"'I-ILTy - r, ~ Dollars 39,01 0 ~ and ~o Cents = 49 .cables for tie downs L.F. 5,500 - at z~ Dollars '70 :$ SSe o - and~..........,.", I Cents SO Co:nectton to the existlna VA~ ~ l.S. 1 /.. ,:J 70 - ~ :;l7o - at a..... ~~ ___. !-4.:JhN) .s~ oHars and=.:......NI'O Cents TOTAL aID IlEMS 1 THROUGH 50: $~ ~ ....LE~I...SI'tCS'MOl'o.Q[\S('>lDJOI WPo 9/9 <l6Bd :~d~<:: ~ oo'e~-^B~ So t.o,:Jr.{ ::? (c ~. 5 D .., '..J '~20' AOOENDilli No.1 ~ pag-e 8 :L8966C17V96 :I\JOriVHOrlHO'l \'=11\\1,4 :^q 1"01 BID DOCUMENTS SECTION D SID SOND Contract KNOW ALL MEN BY THESE PRESENTS, that we Pavex Corporation as Principal I hereinafter called the Principal, and UnitedStatesFidelitvandGuarantyCompany a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the amount of the Bid dollars ($ Five Percent of the amount of the 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: Resurfacing Taxiways and Apron 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 material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or 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 for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED further. that if the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal shaU, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet 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 of this bid bond in the same manner and to the same degree as though Obligee had accepted Principal's bid and Principal had thereafter failed or refused to enter into the contract with Obligee as set forth in the immediately preceding paragraph. 1-21 Signed and sealed this 18th day of May /~ne~4 ERBY A. CODY VICE PRESIDENT (Title) United States Fidelity and Guaranty Company (Surety) (Seal) 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. 1-22 ------------- The St Rlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 21219 Certificate No. 155106 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the Slate of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of the City of lndialantic , State Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings r~IifUire1f or ~itted in any actions or proceedings allowed by law. ~~' l)~ S' IN WITNESS WHEREOF, the Companies have caused this instrume~~\g~e~~l\.);st day of December , N~ ~,~ <\.~ '_uV Seaboard Surety Company 'l' ~( \ ~ ", . \.l.Onlted States Fidelity and Guaranty Company St. Paul Fire and Marine Insu~~om~ . ,,\\-~) Fidelity and Guaranty Insurance Company SL Paul Guardian Insurant(~~ '\;> "Jf '\ ;l. Fidelity and Guaranty Insurance Underwriters, Inc. SL....M~'YI~~~~C\O:' 1.."~~ Ot-1Z ~ ' ~.... ~ \' ie ~ (j' >ONN E ,mNNEY. Vi<< ,","'., NAIfl1J ~ It ~ \ , .f\ ^ \ 1 ~ R. l"\c..~ 1999. State of Maryland City of Baltimore MICHAEL R. MCKIBBEN. Assistant Secretary On this 15t day of Dpc-pmhpr 1999 . before me, the undersigned officer. personally appeared John F. Phinney and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company. SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. ~t~.~ REBECCA EASLEY-ONOKALA. Notary Public 86203 Rev. 11-99 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect. reading as follows: RESOLVED, that in connection with the tidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed. executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respeciive designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this \. <}ltt H 1) day of --LI (.'/ "( 200{). ~ R. ~c.w.&..- Michael R. McKibben. Assistant Secretary Please refer to the Power of Attorney number, f' t t t t t- t t t t- -~ I- I- I' f f I I I SECTION E DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: PAVEX CORPORATION (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 services 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 services 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 effort 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. -t!'~ ~~ Bidder's Sign Date: ~,...$l7" /;y '~(,lr"C ./ 1-23 t I~- I~' I- I- I- i- I i I I I I J I I I I 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. PAVEX CORPORATION 1. Name of Bidder: 2. Business Address: 2501 N. W. 48th STREET POMPANO BEACH, FL 33073 3. Telephone Number: c1'-5...( - qLf) - R 71'L 4. When Organized: . /C; / / 98C / 5. Where Incorporated: Sink Q,C' Fe C LID,A 6. How many years have you been engaged in the contracting business under the present firm name? J q 'i;? 7. What is the type of construction work in which you are principally engaged? .s \ \t:. \)~\) l.-.="'L () f' eK-{ {"'/I ~t As t" A.r4 c. T /~ / ;~5 8. On separate sheet list major contracts in past 10 years. 9. On separate sheet list equipment and plant available for this project. 10. Enclose a copy of latest Financial Statement. 11. Credit Available for this Contract: $ P / A 12. Contracts now in hand, Gross Amount: $ I ~ 'I 93 '.0 </'Z.Z. .0 13. Have you ever refused to sign a contract at your original bid? /II'(J 1-24 I I I I I I I I I , & , i , I. I. I. r. 14. Have you ever been declared in default on a contract? N{' 15. Remarks: ,;e/ 4 (The above statements must be subscribed and sworn to before a Notary Public.) Date: ft7.,4y /1 ;;<ccv . . / Firm Name: PAVEX CORPORATION -/iBv1 C~~ VICE PRESIDENT .//~ I -. --;;7 /" /~ . _,~ ) _~ c//{ ...~;;'~'rP"'" Kim David Umbaugh ~~~~"'A:~~:~ MY COMMISSION # CC754610 EXPIRES ~~: ~ :~= September 8, 2002 '1}' OF" i~Y BONDED THRU TROY FAIN INSURANCE. INC. "'1I1I~ By: Title: Notary Public: 1-25 JEB BUSH GOVERNOR ~ Florida Department of Transportation 605 Suwannee Street Tallahassee. Florida 32399-0450 May 12, 1999 ---:---___ moMAS F. BARRY, JR. SECRETARY Pavex corporation 2501 N.W. 48th Street Pompano Beach, FL 33073 i 7 - , -REVISED" RE: CERTIFICATE OF QUALIFICATION Gentlemen: The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your company is notified otherwise, this rating will expire ~ril 30. 2000. Please take notice that to ensure continuity in your certification at least thirty (30) days must be allowed for the processing of your n&Kt application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant 'change in the financial position or the structure of your firm as described in Section 14-22.005(3), Florida Administrative Code. MAXIMUM CAPACITY RATING: S948.080.000.00, single Contract and S948.080.000.00, in the aggregate Surety Commitment WORK CLASS RATINGS: 1. Major Bridges: a. Bridges which include Bascule Spans...............................___ b. Bridges which include Curved Steel Girders........................___ c. Bridges' with Multi-Level Roadways.................................___ d. Bridges of Concrete Segmental Construction........................___ e. Bridges which include Steel Truss Construction....................___ f. Bridges which include Cable Stayed Construction....._._...........___ g. Bridges of conventional construction which are over a water opening of 1000 feet or more......................................___ 2. Intermediate Bridges (Bridges that contain none of the type of construction listed under Major Bridges and span lengths exceeding 50 feet (center to center of cap)......................................___ 3. Minor Bridges (Bridges with span lengths not exceeding 50 feet (center to center or cap) and total length not exceeding 300 feet. A Minor Bridge shall not contain any types of ~onstruction listed under Major Bridges or Intermediate Bridges). .........................___ 4. Bascule Bridge Rehabilitation..........................................___ 5. Grading (Includes clearing and grubbing, excavation, and ernbankment)...-X- 6. Drainage (Includes all storm drains, pipe culverts, culverts, etc.)....-X- 7. Flexible Paving (Includes limerock and shell base and other optional base courses, soil-cemented based, mixed-in-place bituminous paving, bituminous surface treatments, and stabilizing)........................-X- 8. Portland Cement Concrete Paving........................................___ 9. Hot Plant-Mixed Bituminous Structural and Surface Courses..............-X- www.dot.state.fl.us o RECYCLED fW'ER Pavex Corporation May 11, 1999 Page Two SPECIALTY CLASSES OR WORK: UQIfI.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-L You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Also, refer to the note at the bottom of Page 13 of the Application for Qualification when supplying additional information. JM:paw 12/89 (SEE NOTES ON REVERSE SIDE) Sincerely yours, a'~'~ .~r Juanita Moore, Manager Contracts Administration Office JEB Bt:SH GOVER.'iOR ~ ~, Florida Department of Transportation 605 Suwannee Street Tallahassee. ..- Pavex Corporation 2501 N.W. 48~ Street Pompano Beach, FL 33073 rida 32399-0450 May 3 P.'2_000-~'-:'___ ~! : I i I ; I THOMAS F. BARRY, JR. SECRETARY RE: CERTIFICATE OF QUALIFICA - . I I PA' 'Lv ('f"I ! \iLl'\ L'L'~")n:7 t Ti!';.: . . .. ~ . ; f _. ;" ? Gentlemen: The De?artment of Transportation has qual;.fi~j your company fOLIhe amount and tho::: tYEJe ci: wo.:k iudicated bdlow. ::'::,less jC:':'':: cCr:l~any is r.vtif_'-e~: othel.<.-ise, this rating will expire April 30, 2001. Please take notice that to ensure continuity in your certification at least thirty (30) days must be allowed for the processing of your next application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significa~: change in the financial position or the structure of your firm as described in Section 14-22.005(3), Florida Administrative Code. WORK CLASS RATINGS: MF~IMUM CAPACITY RATING: $Unlimited, single Contract and $Unlimited, in the aggregate Surety Commitment 1. Major Bridges: a. Bridges which include Bascule Spans........... ............... ......___ b. Bridge~ which include Curved Steel Girjers...... ............. ...... c. Bridges with Multi-Level Roadways.. ...... ....... ............. ......___ d. Bridges of Concrete Segmental Constr~=:ion.. .... ............. .... .'___ e. Bridges which include Steel Truss Co~s:ruction.. ............ ....... f. Bridges which include Cable Stayed Co~struction........ ............___ g. Bridges of conventional construction ~~ich are over a water opening of 1000 feet or more.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Intermediate Bridges (Bridges that contain none of the types of construction listed under Major Bridges a~d span lengths exceeding 50 f.~ct 'cerlte~ tv ce:-ater 0: :;ap}............................................................................._ 3. Minor Bridges (Bridges with span lengths ~c: exceeding 50 feet (center to center of cap) and total leng:~ ~ot exceeding 300 feet. A Minor Bridge shall not contain any types of construction listed under Major Bridges or Intermediate Bridges). ............ ............. ........___ 4. Bascule Bridge Rehabilitation...........................................___ 5. Grading (Includes clearing and grubbing, excavation, and embankment)....-X- 6. Drainage (Includes all storm drains, pipe c~lverts, culverts, etc.) .....-X- 7. Flexible Paving (Includes limerock and she:l base and other optional base courses, soil-cemented based, mixed-i~-place bituminous paving, bituminous surface treatments, and stabiE:ing).........................-X- 8. Portland Cement Concrete Paving.........................................___ 9. Hc~ ?lant-Mixed aitumi~ous Str~=tural a~j =~rface Courses.......... .....~ www.dot.state.fl.us e RECYCLEO PAPER Pavex Corporation May 3, 2000 Page Two SPECIALTY CLASSES OR WORK: NONE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-L You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely yours, r-...~~ ~ Juanita Moore, Manager Contracts Administration Office JM/paw 12/89 (SEE NOTES ON REVERSE SIDE) FDOT STATUS OF CONTRACTS ON HAND 25010 NW 48TH STREET PA VEX CORPORATION POMPANO BEACH, FL 33073 JOB CUST JOB NAME CONTRACT SUB BAL OF UNCOMP. UNCOMP. NO AMOUNT CONT. CONT AS PRIME AS SUB 5 CATHCART CON CHENEY HIGHLAND SUB 39,583 0 39,583 39,583 1106 FOOT SR 60 INDIAN LAKES 2,998,755 688,917 2,309,838 431,386 1108 CITY WINTER HA WINTER HAVEN CITY STREETS 341,249 58,868 282.381 1109 MIDDLESEX COR SR 60 PEACE RIVER SP#1611 83,276 0 83,276 68,646 1110 FOOT PAVEMENT REPAIRS 203433-1- 195,121 44,920 150,201 150,201 1111 MIDDLESEX COR SR540 FOOT #197471-1-52-01 465,533 0 465,533 465,533 1112 CITY AUBURNDA AUBURN DALE STREETS 110,724 0 110,724 110,724 1113 POLK COUNTY CR 540A WIDENING 491,303 0 491,303 491,303 1744 SOUTHERN ROA TURNBERRY TOWNHOUSES 21,357 0 21 ,357 21,357 1745 SOUTHERN ROA LATTER DAY SAINTS 50,310 0 50,310 50,310 1750 KENNETH MEAD INDIAN SKY'S 14,040 0 14,040 14,040 1758 CASE CONT WALMART STORE 1245-01R 1 ,276,245 289,945 986,300 15,320 1759 OLD FLORIDA PL OLD FLORIDA PLANTATION 11 ,816 0 11,816 4,581 1766 KENNETH MEAD ASHLEY 10,726 0 10,726 10,726 1771 MARLON DUNN ELEMENTARY SCHOOL 'B' OFF 120,390 0 120.390 54,879 1772 POLK COUNTY S LIME STREET ELEMENTARY 17,600 670 16,930 16,930 1773 K MEADOWS RIVERLAKE 18,366 0 18,366 18,366 1774 BETTY'S SHOP BETTY'S SHOP 7,200 0 7,200 7,200 1775 POLK COUNTY S MULBERRY MIDDLE SCHOOL 15,000 0 15,000 15,000 3026 LANZO SR 34 SAMPLE ROAD 502,955 4,641 498,314 438,946 3434 RIC MAN NW AREA SANITARY SEWER 37,089 0 37,089 37,089 4249 BRYANT CAROLINA PARCEL J 26,044 0 26,044 10,305 4257 W. JACKSON LOMBARY 18,891 0 18,891 12,504 4399 ALL RITE COUNTRY GLEN 152,658 0 152,658 83,876 4782 RYAN SAWGRASS PRESERVE 112.850 0 112,850 29,170 4796 W. JACKSON HARBOR ISLAND PHASE I 79,311 0 79,311 20,860 4879 W JACKSON LAKES OF PARKLAND 35,029 0 35,029 15,775 4936 W. JACKSON WINSTON TRAILS PARCEL 10 23,985 0 23,985 22,140 4985 W. JACKSON PEMBROKE SHORES 157,040 0 157,040 89.864 5001 RHJ THE PRESERVE 1950 YAMATO 73,566 0 73,566 22,526 5045 ALLOE INC CORAL HARBOR 30.360 0 30,360 16,077 5062 ALLOE INC SAMPLE ROAD ESTATES 55,800 0 55,800 39,215 5109 RYAN WYNDHAM LAKES 42,478 0 42,478 21,576 5144 SONIC ENG L'HERMITAGE 23,274 0 23,274 9,103 5161 W JACKSON WYNDHAM HEIGHTS 18,750 0 18.750 6,660 5220 W JACKSON WYNDHAM LAKES PARCEL B 29,873 0 29,873 13,718 Page 1 of9 JOB CUST JOB NAME CONTRACT SUB BAL OF UNCOMP. UNCOMP. NO AMOUNT CONT. CONT AS PRIME AS SUB 5940 ALLOE FAIRWAYS @ HERON BAY PAR 39,380 0 39,380 14,955 5944 PORTEX WELLEBY ISLES III 30,637 2,475 28,162 13,692 6015 SONIC ENG SILVER SHORES PARCEL 1 49,920 0 49,920 22,360 6034 RYAN HUNTINGTON SEC 2 - 148TH AV 15,927 0 15,927 10,164 6037 SONIC ENG SILVER SHORES PARCEL H 44,707 0 44,707 20,860 6038 RESOL INC THE BREEDING PROPERTIES 110,700 0 110,700 48,638 6041 SONIC ENG THE WATERWAYS MISC PARCE 139,932 0 139,932 3,941 6045 ALLOE HERON BAY PARCEL 7 31,061 0 31,061 15,362 6049 RYAN UPJOHN PUD 103,776 0 103,776 13,871 6070 ALL RITE BUCKRAM OAKS 73,560 0 73,560 30,700 6073 PALM BEACH GR RIDGEVIEW CROSSING 14,025 0 14,025 6,288 6090 RYAN HAMPTON'S @ CORAL SPRING 179,600 0 179,600 30,920 6093 CENTERLINE HO BAHIA (MIRIMAR) 76,527 0 76,527 40,703 6097 RYAN DELRAY TRAINING CENTER 92,239 0 92,239 13,474 6104 LASER THE COLONY 49,275 0 49,275 23,739 6113 ALL RITE TRI RAIL EXTENSION 81,030 0 81,030 50,149 6115 ALL RITE EXETER EAST 36,808 0 36,808 6,774 6116 ALL RITE AVTAR MARINA RD 32,863 0 32,863 7,935 6132 VARIOU HOME 0 VILLAS DEL MAR DRIVE WAYS 20,730 0 20,730 11,405 6143 RYAN FLORAL LAKES 26,384 0 26,384 26,384 6145 RYAN ST ANDREWS AT THE SPRINGS 82,116 0 82,116 28,793 6149 SONIC ENG SILVER SHORES BLVD PHASE I 43,081 0 43,081 19,596 6150 W JACKSON SOUTH HAMPTONS 133,472 0 133,472 22,077 6174 SONIC ENG 172ND AVE 46,970 0 46,970 20,294 6205 ARVIDA ARVIDA BIKE PATH (SAVANNA) 83,864 0 83,864 47,759 6208 PALM BEACH GR CAMINO DEL MAR 26,365 0 26,365 14,009 6213 TARRAGON MGT PINECREST APTS 49,000 0 49,000 49,000 6215 ALL RITE NEW RIVER VILLAGE 19,705 0 19,705 16,278 6219 SONIC ENG PARCEL 'C' SILVER SHORES 47,037 0 47,037 21,721 6223 RYAN NAUTICA 172,672 0 172,672 79,137 6224 AMERICAN ENG TOWN CENTER MALL 415,010 0 415,010 232,621 6225 AMERICAN ENG MIRIMAR PARK OF COMMERCE 20,832 0 20,832 8,334 6228 CSR WYMMooR OVERLAY 214,429 0 214,429 165,115 6231 RYAN ROLLING HILLS HOTEL PARKIN 3,000 0 3,000 3,000 6233 RYAN FLORAL LAKES PHASE 3 & 4 63,875 0 63,875 31,685 6244 JACK HARDY SAMPLEl95 BLOG II JHI 13,997 0 13,997 6,460 6258 G&E ENTERPRIS WASTE MGT ROADWAY IMPRO 3,430 0 3,430 3,430 6275 ALL RITE NW 209TH 60,468 0 60,468 20,601 6284 MORA ENG KK SCHOOL 81,404 0 81,404 46,273 Page 3 of9 JOB CUST JOB NAME CONTRACT SUB BAL OF UNCOMP. UNCOMP. NO AMOUNT CONT. CONT AS PRIME AS SUB 6417 RYAN SAWGRASS BLVD & POD 1 37,632 0 37,632 18,641 6425 CENTERLINE HO GRAND ISLE (MISe) 2,830 0 2,830 2,830 6426 MAN CON SOUTH COUNTY PHASE II SEC 116,284 0 116,284 36,801 6433 JCIINTERNATIO RUNWAY 7-25, NAS BOCA CHIC 2,076,865 214,671 1,862,194 216,560 6437 GULFSTREAM C BCC NORTH CAMPUS 23,450 0 23,450 23,450 6441 BEE EQUIPT MIZNER PARK 10,005 0 10,005 10,005 6442 BEE EQUIPT SUNRISE INDUSTRIAL 19,800 0 19,800 19,800 6443 STABILE TRUCKI 900 BUILDING 16,650 0 16,650 15,775 6449 FLORIDA CURBI RIVIERA ISLES PHASE 1 195,782 0 195,782 171,694 6451 CONTRACTORS HUNTERS COURT 23,061 0 23,061 9,136 6453 MAN CON SW 8TH & SW 4TH STREET 58,176 0 58,176 44,331 6454 AMERICAN ENG AMERICAN EXPRESS 176,500 0 176,500 130,266 6456 DELTA EDEN CO TGIF SUNRISE 12,760 0 12,760 12,760 6460 AMERICAN ENG FLAMINGO ROAD WIDENING 91,920 4,860 87,060 51,100 6461 AMERICAN ENG MAR RIOT VILLAGE @ DORAL 47,610 0 47,610 36,645 6463 AMERICAN ENG INTERNATIONAL PLACE 46,891 0 46,891 46,891 6464 PALM BEACH GR FOX HILLS ESTATES 103,935 0 103,935 72,678 6465 AMERICAN ENG HUNTINGTON 'B' 72,312 0 72,312 4,237 6469 MI L YN CLUB @ INDIAN LAKE 24,468 0 24,468 4,309 6470 CENTRAL FLORI NCCI 207,633 0 207,633 173,498 6471 REGENCY HIGHL REGENCY HIGHLAND ORAl NAG 163,365 59,008 104,357 18,255 6473 PALM BEACH GR ODUM PARKING 11,900 0 11,900 11,150 6474 JACK HARDY ARVIDA PARK OF COMMERCE 6,000 4,520 1,480 6,000 6475 AMERICAN ENG BEACON #2 70,600 0 70,600 70,600 6483 ALLOE WILLOUGHBY FARMS 87,132 0 87,132 6484 LEDD'S ENT ENTERPRISE CENTER BLDG 5 24,177 0 24,177 5,721 6487 DELTA EDEN OCEAN WALK 18,678 0 18,678 0 6488 RYAN SHOPS OF PARKLAND 199,494 0 199,494 134,246 6491 TOPPINO'S INTERSECTION PETRONIA & TH 3,250 0 3,250 3,250 6492 AMERICAN ENG ANDRX PHARMACEUTICAL 68,304 0 68,304 68,304 6493 JACK HARDY SARA PLAT 47,240 0 47,240 47,240 6495 JACK HARDY 7800 CONGRESS AVE BLDG 21,269 0 21,269 21,269 6496 AMERICAN ENG SAWGRASS PARCEL 13 30,000 0 30,000 30,000 6497 JACK HARDY COMMUNICATIONS CENTER 5,715 0 5,715 5,715 6498 JACK HARDY ECKER OS-LAKE WORTH 18,876 0 18,876 18,876 6499 UNISON BOYNTON ESTATES 33,896 2,945 30,951 30,951 6500 AMERICAN ENG PREMIER BEVERAGE 77,140 0 77,140 74,380 6501 AMERICAN ENG DORAL COMMERCE PARK .C. 41 ,327 0 41 ,327 41,327 6502 AMERICAN ENG DORAL COMMERCE PARK 'D' 18,300 0 18,300 18,300 Page 50f9 JOB CUST JOB NAME CONTRACT SUB BAL OF UNCOMP. UNCOMP. NO AMOUNT CONT. CONT AS PRIME AS SUB 7219 DANIELS CONTR WINTER PARK DRIVE PHASE 2 203,804 0 203,804 177,502 7221 SMITH MILLENIA INFRASTRUCTURE P 373,317 0 373,317 259,439 7222 B R H GARVER I ORANGE GARDEN INTERSECTI 23,868 3,000 20,868 9,426 7223 GIBBS & REGIST US 441/ PARK AVENUE 82,834 12,000 70,834 68,284 7581 GUNNSTRUCTIO WILLA SPRINGS 2 40,440 0 40,440 15,687 7596 BACAR RED ROOF INN 17,880 0 17,880 17,880 7611 ATLAS SITE CON ORANGE COUNTY MAINTENAN 34,157 0 34,157 32,969 7619 KEITH & MORGA OSCEOLA CO CH 140,174 0 140,174 73,283 7620 KEITH & MORGA OIA 'A' SIDE 11,295 0 11,295 6,912 7633 DIRT WORKS OF KISSIMMEE COMMERCE CENTE 47,600 0 47,600 9,898 7635 ORLANDO ROCK NA TrONS RENT 38,718 0 38,718 12,575 7636 DANIELS CONT NWWTP-KISSIMMEE 15,660 0 15,660 15,660 7665 W W DANIELS WESTOVER/ROBERTS 15,040 3,500 11,540 3,232 7670 DRIVEWAY MAIN VANGUARD 15,432 0 15,432 15,432 7679 GIBBS & REGIST CENTRAL FLORIDA BLVD 51,506 0 51,506 50,406 7680 ROYAL CONST HIDDEN BEACH 38,638 0 38,638 38,638 7684 AMERICAN PAVI LONGHORN/SPORTS 39,000 0 39,000 39,000 7689 MASTER SITE DE BUILDING 913 35,812 0 35,812 35,812 7690 MCDANIEL GRAD MAITLAND CROSSING 118,840 0 118,840 17,079 7694 EBY BP-285 TAXI-BUS HOLDING FAC 137,394 0 137,394 73,901 7696 LEM BRYANT LA ARKANSAS BUS EXCHANGE 36,752 0 36,752 10,747 7697 WOW CONST C SONY SIDE FACILITY 10,556 0 10,556 10,556 7698 ORLANDO ROCK GRANT PARK BLDG 400 72,910 0 72,910 70,058 7700 BAYSIDE LAND D LAKEVIEW APARTMENTS 62,264 0 62,264 58,180 7701 P D DALRYMPLE KOGER PROPERTIES PHASE 1 72,929 0 72,929 21,527 7704 PERRY CONST CORNERSTONE BAPTIST CHUR 67,860 0 67,860 21,677 7705 MCDANIEL GRAD ELEMENTARY SCHOOL "E" 66,988 0 66,988 37,309 7706 WILLIAM CONT STORAGE USA 22,614 0 22,614 22,614 7707 ASPH CONSULT SR 50 & SR 439 TURNLANE 18,462 0 18,462 6,541 7710 ORLANDO ROCK DEVRY TECHNICAL INSTITUTE 123,180 0 123,180 123,180 7711 CALHOUN CONS BMW SERVICE CENTER 9,787 0 9,787 9,282 7712 MASTER SITE LAKE MARY ASSISTED LIVING 18,730 0 18,730 17,322 7716 HALL SHOPPES OF LAKE MARY 74,600 0 74,600 74,600 7719 WILLIAMS CONT OCOEE MIDDLE SCHOOL 57,737 0 57,737 57,737 8606 WHITING TURNE SEUSS LANDING 53,000 0 53,000 15,194 8615 FOUR JAYS SITE BUCHANAN BAY 114,860 0 114,860 94,353 8618 BACAR CONST ISLE OF BALI PHASE B 74,917 11,770 63,147 14,624 8619 R C STEVENS C SUNTERRA CENTRE 143,677 0 143,677 109,706 9019 D.R. HORTON THE SANCTUARY @ KENSINGT 143,611 30,000 113,611 17,821 Page 7019 JOB CUST JOB NAME CONTRACT SUB BAL OF UNCOMP. UNCOMP. NO AMOUNT CONT. CONT AS PRIME AS SUB 9289 MEILE-SIMONSO S W 20TH STREET 65,174 4,168 61,006 47,719 9291 LEVITT LESTER PLAT 1,2 & 3 847,752 175,455 672,297 282,427 9292 MAROONE MGT MAROONE NISSAN (TURN LANE 34,584 1,040 33,544 33,544 9295 PILLAR DEVELO DC CENTER @ DAVIE 53,879 13,252 40,627 40,628 9297 WILSON & BUIST ST JOHN THE EVANGELIST 457,070 32,572 424,498 185,633 9298 GULFSTREAM E LA FITNESS 98,170 0 98,170 26,702 9306 METRO ENG NORTH LAUDERDALE CHAPTE 26,055 0 26,055 16,801 9307 WILSON & BUIST WHITE OAK BUSINESS CENTER 157,520 10,009 147,511 147,511 9308 FORTUNE CONS ST ANDREWS @ POLO CLUB 369,382 73,778 295,604 295,603 9309 SESSOMS CONS TEMPLE BETH EMET 109,632 0 109,632 109,632 9310 CENTURY BUILD RAINTREE VILLAS TURN LANE 25,342 3,940 21 ,402 21,402 9311 BELMONT @ N L BELMONT @ NORTH LAUDERD 1,181,260 739,394 441,866 420,717 9312 KONOVER CONS SHOPS @ STIRLING 213,033 0 213,033 213,032 9313 GULFSTREAM E UNIVERSITY COMMONS 590,000 0 590,000 590,000 9314 ZAHN BUILDERS TILLOTSON SQUARE 133,787 0 133,787 133,787 TOTAL 50,530,449 5,030,848 45,499,601 3,448,800 18,488,622 Page 90f9 18 I What contracts and subcontracts has your organization completed in the past chree (3) years? DOLLAR AMOUNT CLASSES YEAR WHERE LOCATED NAME AND ADDRESS ( OF OF COMPLETED CITY - COUNTY OFFICIAL WORK PJ:pr:ORMED WORK. ....C" Yon RF:F'F'SII 1-4 16320-3423 Subfrom Smith & Co 7,162,000.00 4 & 6 1999 Polk County FDa . Bartow Mem. Hosp McDevitt Street Bovl. 2,978,000.00 3,4 & 6 1999 Bartow. Polk Co. Nashville TN SR 60 16110-356E 1,876,000.00 3,4, & 6 1999 Polk County FOOT Sr25 (US27) PoB 1,576,000.00 3,4 & 6 1999 197554-1-52-01 FOOT Lantana Levitt Construction ( 1,578,000.00 3,4 & 6 1999 Palm Beach Co. Rnea Raton. FL 75010-3521 Oran~ e Sub From Bergeron 2,306,000.00 4 & 6 1999 Taft-Vineland FOOT San Salvador Ail rt'ort Bahamian Govt. 6,505,000.00 3,4, & 6 1999 Bahamas Nassau, Bahamas ~ Partial List Major Jobs FOIl'" )'73- CO~CTs AO"'I:-<IST~.\T10N ....t I j' · Emer worle classes from chose listed on page 19. EXA.\"fPlE: Work performed was GrJding. Landscaping and Bridge Paiming. chen enter J. IOe. IOf, etc. Equipment List Asset No by Asset No Description MODEL Yr Serial No fOl- 01-20010 BACKHOE JOHN DEERE 410B 86 1986 723622 01-20020 BACKHOE JOHN DEERE 310A 85 1985 284091-T 01-20040 EXCA V A TOR GRADALL 0660 86 1986 G816124 01-20070 EXCAVATOR CAT 330L% 1996 5YM01245 01-20100 BACKHOE CAT 426B 95 1995 6KL01798 /<>3- 03-40030 DOZER CAT D4 87 1987 8PB0958 03-40040 DOZER CAT D4H 88 1988 8PB2656 03-40070 DOZER CAT D4HPS 95 1995 8PJOI067 03-50010 DOZER CAT D5 79 1979 25X1263 03-500ll CAPITALIZED REPAIR TO 03-50010 88RA 03-50090 DOZER CAT D5H II 94 1994 8RC05935 03-60060 DOZER CAT D6H 88 1988 4RC01954 104- 04-10020 GRADER HUBER M850A M472 04-10060 GRADER ROADTEC RX25 MILLER 8 1989 209 04-20030 GRADER CAT 120G 85 1985 87V07269 04-20040 GRADER CAT 120G 85 1985 087V07516 04-20090 GRADER CAT 120G 86 1986 087V08062 04-20110 GRADER CAT 12G 86 1986 061MII774 04-20160 GRADER CAT 12G 86 1986 61Mll764 04-20190 GRADER CAT 12G 88 1988 061M12451 04-20230 GRADER CAT 12G 94 1994 61M15706 04-20280 GRADER CAT 12H 96 1996 O4XM00756 04-20340 GRADER CAT 12G 96 1996 61M16124 107- 07-30010 LOADER CAT 936 1984 33Z00659 07-30020 LOADER CAT 950B 86 1986 022Z02231 07-30040 LOADER KOMATSU 320 87 1987 10135 07-30050 LOADER CAT 936E 1988 33Z03264 07-30070 LOADER CAT 936E 1989 33Z03764 07-30140 LOADER CAT 950E 92 1992 022Z05296 07-30150 LOADER CAT 936F 93 1994 08AJ01496 07-30170 LOADER KOMATSU WA380 91 1990 A40541 07-30190 LOADER CAT 950F 93 1993 5SK003ll 07-30210 LOADER CAT 938F 96 1996 01KM01946 07-30280 LOADER KAWASAKI 98 1987 80Z2OO346 07-40010 LOADER CAT 966D 87 1987 99V05069 07-40020 LOADER CAT 966E 92 1990 99Y07292 07-50110 LOADER CAT 970F 96 1996 7SK00622 108- 08-50010 DRILL CORE BORING TEST TRAlLE 1984 80572694 109- 09-10020 WELDER LINCOLN Al 102724 09-10030 WELDER MILLER BOBCAT 903-125 Thursday, June 08, 2000 Page I of8 Asset No by Asset No Description MODEL Yr Serial No 109- 09-10060 WEIDER MILLER 09-10070 WEIDER MILLER BOBCAT 09-20100 WEIDER LINCOLN 755424 09-20160 WEIDER MILLER 225G 90 1990 KA830641 09-20200 WELDER MILLER 225 KG255207 09-20210 WEIDER DIAL ARC 250 KH451207 09-20240 WElDER MILLER BOBCAT 225 KJ219505 09-20250 WEIDER MILLER BOBCAT 225 DT 09-40070 WEIDER LINCOLN 400 434592 110- 10-20080 ARROWBOARDSOLAR92 1992 089229W-A92-15-1155 Ill- 11-40010 ROLLER INGERSOlL-RAND SP56 C 1982 6065-S 11-40060 ROLLER INGERSOlL-RAND DA30 8 1983 70735 11-40080 ROLLER DYNAPAC CA25D 87 1987 689B674 11-40090 ROLLER DYNAPAC CA25 87 1987 689B679 11-40180 ROLLER DYNAPAC CC21 89 1989 476385 11-40190 ROLLER DYNAPAC CA25 88 1988 686-B082 11-40230 ROLLER DYNAPAC CC122 94 1994 60 II 1008 11-40250 ROLLER DYNAPAC CA251 VffiRAT 1994 58311916 11-40260 ROLLER INGERSOlL-RAND DD65 V 1988 5228-S 11-40270 ROLLER INGERSOLL-RAND DD90 V 1992 5862-S 11-40280 ROLLER CAT CB434B VffiRATORY 1995 6ALOOO56 11-40330 ROLLER DYNAPAC CA251 97 1997 58312765 11-40340 ROLLER BOMAG 120AD 3 WHEEL 9 1997 lDll70512083 11-40360 ROLLER BOMAG BW212D 2 WHEEL 1997 B70129 11-40370 ROLLER BOMAG BM212-2-2A 98 1998 212870129 11-40390 ROLLER BOMAG BW212D VffiRATO 1997 109400940149 11-70010 ROLLER WACKER PLATE COMPAC 350703035 11-70020 ROLLER PLATE COMPACTOR U7992 11-70030 ROLLER PLATE COMPACTOR 1077 56 11-70040 ROLLER WACKER PLATE COMP AC 679303532 11-70050 ROLLER WACKER PLATE COMPAC 679303527 11-70060 ROLLER VffiRATORY PLATE COMP VPG160A 11-70070 ROLLER WACKER PLATE COMPAC 106768 11-70080 ROLLER WACKER PLATE COMPAC 679304716 11-70090 ROLLER WACKER PLATECOMPAC 679308239 /12- 12-10010 ROLLER HYSTER 530A COMPACTO 1977 A91C2529Y 12-10050 ROLLER GRACE 13F TOW ROLLER 3044 12-10110 ROLLER HYSTER 530A COMPACTO 1987 A91C3796G 12-10150 ROLLER HYSTER 530A 88 1988 A91C3852H 12-10170 ROLLER HYSTER 530A 90 1989 AD91C3991K 12-10180 ROLLER HYSTER 530A 91 1991 A091C4076C 12-10200 ROLLER HYSTER 530A 93 1993 A91C4235P 12-10240 ROLLER BOMAG l1R TRAFFlC 89 1995 A091C435LS 12-10250 ROLLER HYSTER C530A 88 1986 A91C3822G Thursday, June 08, 2000 Page 2 of 8 Asset No by Asset No Description MODEL Yr Serial No 112- 12-10260 ROllER HYSTER C530A 88 1988 A91C3915J 12-10270 ROLLER HYSTER C530A 91 1991 AD91C4094N 12-10290 ROllER BOMAG BWIIR 98 1998 A222C1568V 12-20120 ROllER HYSTER 330B 92 1992 B158C3201N 12-30020 ROLLER INGRAM 12 TON 3 WHEEL S68185-EBll 12-30040 ROllER DYNAPAC CS12 3 WHEEL 1989 175330 12-30060 ROLLER DYNAPAC CS14 3 WHEEL 1992 6768105 12-30070 ROllER BOMAG BW60 93 1993 8014990225 12-30090 ROLLER DYNAPAC CS15 3 WHEEL 1994 196 12-30100 ROLLER DYNAPAC CS14 3 WHEEL 1993 676Bll0 12-30110 ROllER DYNAPAC CS151 3 WHEEL 1995 208 12-40010 ROllER HYSTER 330A 85 1985 AI58C-2060F 12-40020 ROllER HYSTER 340B 84 1984 C345440 12-40090 ROllER HYSTER 340C 89 1989 C146C3063K 12-40100 ROllER HYSTER 340CW 90 1990 C146C31211 12-40110 ROllER HYSTER 340CW 91 1991 C146C3135M 12-40120 ROllER HYSTER 340CW 91 1991 CI46C3136N 12-40160 ROllER HYSTER 340C 93 1993 C146C3161P 12-40180 ROllER HYSTER 340C 94 1994 C146C3184R 12-40240 ROllER HYSTER C340B 95 1985 B146C2338G 12-40250 ROllER HYSTER C340B 89 1989 B146C2367H 12-40260 ROllER HYSTER C340C 95 1995 C146C3221 T 12-40270 ROllER BOMAG BW9AS 5 TON 98 1998 C146C3265V 12-40280 ROllER HYSTER C340C 99 1999 HI09Cl Y603283 113- 13-30050 HAMMER COMPACTION 1437-321I91X3 13-80010 CONCRETE SAW C84A CLP 81-F-64052.12 13-80040 CONCRETE STREET SAW EOCO DS- 13587 13-80050 CONCRETE STREET SAW 203401 13-80060 CONCRETE 14" STREET SAW 9619709 13-80070 CONCRETE 14" STREET SAW 9802349 114- 14-10030 MIXER BROS 1986 4468 115- 15-10010 TRACTOR BOX FORD 340 GR 81 1981 C-633968 15-10070 TRACTOR BOX TYMCO 600 AIR SW 1995 IFDXJ17031RVA28475 15-10120 TRACTOR BOX ROSCO RB38 BRoo 1992 31674 15-10140 TRACTOR BOX ROSCOE BROOM 92 1992 31882 15-20010 TRACTOR BROOM FORD 3600 C568573 15-20020 TRACTOR BROOM JOHN DEERE 215 1984 L021506522956 15-20030 TRACTOR BROOM JOHN DEERE 215 1985 L02150653101 15-20060 TRACTOR BROOM JOHN DEERE 215 1987 554224-98461 15-20070 TRACTOR BROOM JOHN DEERE 215 1987 220872 15-20090 TRACTOR BROOM JOHN DEERE 215 1988 L02155R643017 15-20100 TRACTOR BROOM FORD 2910 90 1990 BC38000 15-20110 TRACTOR BROOM FORD WI SWEEP 1994 B060753 15-20120 TRACTOR BROOM FORD WI SWEEP 1995 006682B Thursday, June 08, 2000 Page 3 of 8 Asset No by Asset No Description MODEL Yr Serial No r5- 15-20150 TRAcrOR BROOM FORD WI SWEEP 1997 025259B/9706006 15-20160 TRACTOR BROOM FORD WI SWEEP 1997 079436 & 693100 15-20180 TRACTOR BROOM FORD 3930 99 1999 116401B 116- 16-00050 PAVER ROADTEC 46590 1989 465-198 16-00060 PAVER BARBER-GREENE 260 89 1990 B626B854 16-00070 PAVER BARBER-GREENE 260B 92 1992 260B915 16-00100 PAVER BARBER-GREEN BG240 93 1993 BG240B748 16-00120 PAVER BARBER-GREEN BG240B 94 1994 BG240B-749 16-00150 PAVER ROADTEC 445 86 1986 445-202 16-00170 PAVER ROADTEC 45591 1991 7283042 16-00180 PAVER BARBER-GREENE 240 93 1993 BG24OB722 16-00210 PAVER ROADTEC RP180 96 1996 RP-180-IOXI69 16-00220 PAVER ROADTEC RP180 96 1996 RP-180-10XI68 16-00260 PAVER ROADTEC RP-180-10 98 1998 RP180-1O 16-00270 PAVER BARBER-GREENE BG240B 9 1994 BG240B730 16-00280 PAVER ROADTEC RP-180-1O 99 1999 RP-180-1O-249 16-800 10 PAVER BARBER-GREENE SBlll 1978 SB111X318 16-80020 PAVER ALA TT 450P 86 1986 6012251 16-80030 PAVER ROADTEC 435 90 1990 435-268 16.80040 PAVER BARBER-GREENE 210 1991 BG21OXI06 16-80060 PAVER NEAL DM5500 ASPHALT 97 1997 0033-1067 119- 19-20050 FORKLIFT CAT 83 1983 77P01246 19-20060 FORKLIFT JOHN DEERE 482C 87 1987 732816 19-50050 RD WIDENER MIDLAND 98 1998 150 19-600 10 PRESSURE CLEANER DELeO 683-21428 19-60050 PRESSURE WASHER HONDA 19-60070 PRESSURE WASHER 955684 19-60080 PRESSURE CLEANER DELeO 19-60090 PRESSURE WASHER 3,000 PSI 960614 19-60110 PRESSURE WASHER 3,000 PSI 121- 21-10010 DlSTRffiUTOR RANDELL ASPHALT 10011 21-10020 DlSTRffiUTOR FORD LN8000 85 1985 IFDX80U9FV A32667 21-10060 DlSTRffiUTOR FORD LN8000 88 1987 R80U6HV A60610 21-10070 DISTRffiUTOR RANDELL 14 21-10090 DlSTRffiUTOR FORD 1'700 WI ElNY 1990 IFDXK74PGLV A1965 21-10100 DISTRffiUTOR FORD WI ElNYRE 91 1991 IFDXK74P6MUA0683 21-10140 DISTRffiUTOR ElNYRE 94 1994 IFDXR82E7RV A5068 21-10180 DlSTRffiUTOR FORD ETNYRE 87 1987 IFPDF70HOHIHV A43 21-10190 DISTRffiUTOR FORD ElNYRE F60DVT20256 21-10200 DISTRffiUTOR GMC ETNYRE 84 1984 IGDL7D1BIEV526093 21-10210 DlSTRffiUTOR FORD ElNYRE 94 1994 IFDXK74C4RV A2261 21-10240 DlSTRffiUTOR ETNYRE 97 1997 IFDXFSOCOVV A2929 126- 26-10030 PLANER DlGTEC AP400 COLD 26-10040 LOADER SKID STEER 83 1983 822045 Thursday, June 08, 2000 Page 4 of 8 Asset No by Asset No Description MODEL Yr Serial No ~6- 26-10050 LOADER SKID STEER 94 1994 841329 26-10110 LOADER BOBCAT 753 W/ AITACH 1994 16473/11043/05715 26-10140 LOADER GEHL SL6635DXT 99 1999 BF4M-I011F /30- 30-10020 AUTO FORD TAURUS GL 92 1992 2F ACP52U2NA198125 30-10060 AUTO FORD TAURUS 96 1996 IFALP52U3TA209551 30-10070 AUTO FORD CROWN VICTORIA 93 1993 2FACP73W6PX123529 30-20130 SUV FORD EXPLORER 96 1996 IFMCU22XXTUA1478 131- 31-00050 SERVICE TRUCK FORD F350 FLATB 1989 IFDKF37MIKNA4543 31-10170 SERVICE TRUCK KENWORTH T800 1996 2MKLD90XOTM71510 31-10210 SERVICE TRUCK GMC 84 1984 IGDJ6DIF6EV541993 31-10220 SERVICE TRUCK KENWORTH T800 1997 INKDL9OX8VJ740969 31-10300 FUEL TRUCK KENWORTH T800 98 1998 3B~H77XJ0NF7734 31-30050 FUElJLUBE BODY ON 33-427 31-30070 MECHANIC TRUCK FORD F700 89 1989 IFDPK74P6KVAI3376 31-30080 MECHANIC TRUCK FORD F450 88 1988 2FDLF47G2JCA62186 31-30081 WELDER MILLER BOBCAT W/31-30 1990 KA838182 31-30100 MECHANIC TRUCK FORD W/ CRAN 1992 2FDLF47M2NCA5818 31-30101 WELDER MILLER MODEL #200 W/ 3 903-081 31-30150 MECHANIC TRUCK FORD F450 94 1994 IFDLF47M2REA51913 31-30151 WELDER MILLER 225 W/31-30150 KE713097 31-30152 CRANE BODY W/31-30150 2700WP-14 31-30230 MECHANIC TRUCK FORD F450 94 1994 IFDLF47FIREA20492 31-40080 WELDER TRUCK FORD F450 97 1997 IFDLF47FXVEA53761 31-40081 CRANE ELECTRIC W/31-40080 31-40082 WELDER BOBCAT WELDER W/31-4 31-80010 SERVICE TRUCK FORD F700 85 1985 1FDPF70HXFV A03300 31-80020 SERVICE TRUCK CHEVROLET 70SR 1984 IGBL7D165EV121973 31-80021 TRUCK BODY W/31-80020 31-80030 SERVICE TRUCK FORD F600 FLATB 1985 IFDHF6047FV A72589 31-80040 SERVICE TRUCK FORD CREW CAB 1987 IFDW174P2HV A1128 31-80050 SERVICE TRUCK FORD F700 92 1993 IFDXK74P6PV A03812 31-80070 SERVICE TRUCK FORD FBOO 97 1997 IFDXFBOCOVV A2357 31-80080 SERVICE TRUCK FORD FBOO 95 1995 1FDWF8OCOSVA3107 31-80081 FLATBED ON 31-80080 31-80090 SERVICE TRUCK FORD F450 93 1993 2FDLF47M4PCA50216 31-80100 SERVICE TRUCK FORD FBOO CREW 1998 IFDXFBOC6WVA2195 31-80110 SERVICE TRUCK FORD FBOO 98 1998 IFDXF8OC8WVA2195 31-80130 SERVICE TRUCK FORD FBOO 97 1997 IFDXFBOC6VVA2358 31-90050 SERVICE TRUCK FORD F350 FLATB 1989 IFDKF37MXKNA4543 31-90120 SERVICE TRUCK FORD F650XL 00 2000 3FEWW6548YMAOO4 132- 32-10100 WATER TRUCK MACK (WAS 22-108) 1977 DM685S34771 32-10120 WATER TRUCK MACK (WAS 22-107) 1978 DM685S38411 32-10150 WATER TRUCK KENWORTH T800 8 1986 INKDLSOXOHS33686 32-10170 WATER TRUCK KENWORTH T800 8 1986 INKDLSOX6HS336866 Thursday, June 08, 2000 Page 5 of 8 Asset No by Asset No Description MODEL Yr Serial No f32- 32-10190 WATER TRUCK FORD 8000 TANDE 1977 U804VJ24603 32-10230 WATER TRUCK MACK 74 1974 DMM6856S1524 32-10260 SAND TRUCK KENWORTII T800 91 ( 1991 INKDL50X4MJ560444 32-10280 SAND TRUCK KENWORTII T800 91 ( 1991 INKDL50X4MJ560446 32-20030 WATER TRUCK CAT 613B 38W6559 32-20080 WATER TRUCKGMC73 1973 TII19ODV558367 32-20110 WATER WAGON CAT 85 1985 92X00535 32-50030 SAND TRUCKKENWORTII 91 1991 INKDL50X4MJ560445 32-50031 HI-WAY SPREADER W/32-50030 81543 32-50041 HI-WAY E2020 SPREADER 93424 32-50050 SAND TRUCK GMC 87 1987 lGDP9CIZ5HV510440 [33- 33-20010 PICKUP FORD F150 89 1989 1 FIDF15N4KNA07 565 33-20020 PICKUP FORD F150 89 1989 lFIDF15Y6K1{B12330 33-20030 PICKUP FORD F150 91 1991 lFIDF15N5MNA1158 33-20050 PICKUP FORD F150 92 1992 IF1nEFI5N4~A99835 33-20060 PICKUP FORD F150 93 1993 1 F1nEFI5NIPNAO 1976 33-20070 PICKUP FORD F150 93 1993 1 F1nEF15N5PNA8184 7 33-20080 PICKUP CHEVROLET 84 1984 lCCEC1428R2105597 33-20090 PICKUP FORD F150 94 1994 IF1nEF15Y6RNA00318 33-20140 PICKUP FORD F150 95 1995 1 F1nEFI5NOSNB 12205 33-20140 PICKUP FORD F150 95 1995 IF1nEFI5NOSNBI2205 33-20150 PICKUP FORD F150 96 1996 IF1nEFI5NOTLA 72057 33-20160 PICKUP FORD 95 1995 IF1nEFI5YISNA63378 33-20170 PICKUP FORD F150 96 1996 IF1nEF15N2TLA72058 33-20250 PICKUP FORD CREW CAB 92 1992 2FfJW35H8NCA26574 33-20270 PICKUP FORD F150 97 1997 lFIDFI728VMA64732 33-20320 PICKUP FORD F150 97 1997 lFIDF1725VMA64736 33-20500 PICKUP FORD CREW CAB 93 1993 2FfJW35H7PCA49122 33-20590 PICKUP FORD F150 97 1997 lFIDX1721~43145 33-20610 PICKUP FORD CREW CAB 93 1993 2FfJW35M3PCB38098 33-20630 PICKUP FORD F150 95 1995 IF1nEFI5Y85NA13142 33-20750 PICKUP FORD F150 98 1998 1~1769~A4270 33-20800 PICKUP FORD F250 94 1994 1 FfHF25YORNB49262 33-20810 PICKUP GMC SIERRA 1500 94 1994 IGTIX:14Z9RZ550720 33-40580 PICKUP FORD F150 98 1998 1 FTZF1826~A84967 f35- 35-20010 TRACTOR FREIGHTLINER 85 1985 1 FUYYUYB2FH27249 35-20030 TRACTOR KENWORTII T800 87 1987 2XKDD29XXHM3482 35-20080 TRACTOR KENWORTII T800 88 1988 2XKDD59X9JM50484 35-20150 TRACTOR KENWORTII T800 91 1991 lXKDD29XBMJ56044 35-20160 TRACTOR KENWORTII 89 1989 lXKBD59XXKJ52373 35-20170 TRACTOR KENWORTII 89 1989 lXKBD59X6KJ523731 35-20200 TRACTOR KENWORTII T800 95 1996 2XKDD99XXTM71510 35-20210 TRACTOR PETERBUILT 90 1990 lXPBDA9X3LN29434 [36- 36-10030 DUMP FORD F800 89 1989 IFDXK84A9KV A1405 Thursday, June 08, 2000 Page 6 of 8 Asset No by Asset No Description MODEL Yr Serial No 136- 36-10040 DUMP FORD FlOO RA TBED 89 1989 IFDPK74P3KV A15389 36-10070 DUMP FORD F800 RATBED 97 1997 3FEXFSOIXXMA0716 36-20020 DUMP MACK 80 (WAS 22-111) 1980 DM685S47254 36-20040 DUMP KENWORTH T800 91 1991 INKDL50XXMJ56044 36-20050 DUMP KENWORTH T800 91 1991 I NKDL50XIMJ560448 36-20060 DUMP KENWORTH T800 95 1995 INKDL9C>CXSJ641954 36-20070 DUMP KENWORTH T800 95 1995 INKDL9OX1SJ641955 36-20080 DUMP KENWORTH T800 95 1995 INKDL90X3SJ641956 36-20090 DUMP KENWORTH T800 95 1995 INKDL9OX5SJ641957 36-20100 DUMP KENWORTH T800 95 1995 1 NKDL90XOSJ641958 36-20160 DUMP KENWORTH T800 95 1995 2NKDL90X21M71510 36-20170 DUMP KENWORTH T800 95 1995 2NKD69OX4RM7151O 36-20180 DUMP KENWORTH T800 95 1995 2NKDL9OX31M71513 36-20350 DUMP KENWORTH T800 98 1998 INKDL90XOWJ772221 36-20360 DUMP KENWORTH T800 98 1998 INKDL90X2WJ772222 36-20370 DUMP KENWORTH T800 98 1998 INKDL9OX4WJ772223 36-20380 DUMP KENWORTH T800 98 1998 INKDL9OX2WJ772219 36-20390 DUMP KENWORTH T800 98 1998 INKDL90X9WJ772220 36-30130 DUMP KENWORTH T800 86 1986 INKDL50X5HS336874 36-30140 DUMP KENWORTH T800 86 1986 INKDL50X9HS336876 36-30170 DUMP KENWORTH T800 86 1986 L50X2HS336878 36-30200 DUMP KENWORTH T800 87 1987 2NKDL50X8HM34825 36-30230 DUMP KENWORTH T800 87 1987 2NKDL50XOHM34825 36-30240 DUMP KENWORTH T800 87 1987 2NKDL50X2HM34825 36-30250 DUMP KENWORTH T800 87 1987 2NKDL50X4HM34825 36-30280 DUMP KENWORTH T800 87 1987 2NKDL50X6HM34825 36-30360 DUMP KENWORTH T800 88 1988 INKDL50)(XJJ514872 36-30390 DUMP KENWORTH T800 88 1988 INKDL50XIJJ514873 36-30400 DUMP KENWORTH T800 88 1988 INKDL50X3JJ514874 36-30410 DUMP KENWORTH T800 88 1988 INKDL50X5JJ514875 36-30420 DUMP KENWORTH T800 88 1988 INKDL50X7JJ514876 36-30430 DUMP KENWORTH T800 89 1989 1~L50X2KS536277 36-30440 DUMP KENWORTH T800 89 1989 INKDL50X4KS536278 36-30450 DUMP KENWORTH T800 89 1989 INKDL50X6KS536279 36-30460 DUMP KENWORTH T800 89 1989 I NKDL50X2KS536280 36-30470 DUMP KENWORTH T800 89 1989 INKDL50X4KS536281 36-30780 DUMP KENWORTH T800 96 1996 INKDL90X4J740970 36-31050 DUMP KENWORTH T800 97 1997 INKDL90X9WJ773478 36-31060 DUMP KENWORTH T800 98 1998 INKDL9OXOWJ773479 36-31070 DUMP MACK DM685S 80 1980 DM685S45740 36-31080 DUMP MACK DM685S 81 1981 2B 12OC4CAD49837 36-31090 DUMP MACK DM685S 82 1982 2B12OCIBA049583 f38- 38-10020 TRAILER ROGERS GOOSENECK 78 1978 18515 38-10070 TRAILER GREATDANE 48' 85 1985 J006301 Thursday, June 08, 2000 Page 7 of 8 Asset No by Asset No Description MODEL Yr Serial No [38- 38-10120 TRAILER GREATDANE 48' WWBOY 1987 IGRL V%28HJ004501 38-10170 TRAILERETNYRELOWBOY 1990 lE9C25207MEllloo8 38-10210 TRAILER WWBOY 85 1985 CM050 38-10220 TRAILER ROGERS 83 1983 19917 38-10230 TRAILER 35 TON 97 1997 1 T9DK4828V1118298 38-40070 TRAILER CUSTOM 85 1985 51456FIBIT681 38-40080 TRAILER CUSTOM 86 1986 5165OGIBITl87 38-40120 TRAILER CUSTOM 4 TON 86 1986 21436G1BIT497 38-40140 TRAILER TAAG 5T4oo 87 1987 52555HIBIT226 38-40170 TRAILER 6 TON EQUIPMENT 88 1988 1)13231733JIBI1775 38-40310 TRAILER PROLINE 85 1985 IH9FBI62JI0470199 38-40320 TRAILER CORE MACHINE 38-40350 TRAILER MILL 88 1988 178Fl)1023fL\002315 38-40430 TRAILER HUDSON 6 TON 97 1997 20HHSE183Vl000886 38-40650 TRAILER W ABS 90 1990 IJJU532Y 4LL137674 38-50010 TRAILER HYSTER TILT 84 1984 23923 38-50020 TRAILER HYSTER CHP20TPS 87 1987 DCSA3HC024402 38-50030 TRAILER ETNYRE TILTING 92 1992 Q25081 38-50040 TRAILER INTERSTATE 70PRC 92 1992 IJKTDL209NA200024 38-50050 TRAILER lNTERST A TE 40DTL 92 1992 IJKPRC253NA350001 38-50060 TRAILER 20 TON 96 1996 112H8V317TW46377 38-60060 TANKER ETNYRE ASPHALT 38-60070 TANKER 2,000 GALLWN 79 1979 Tl041B1l18 38-60110 TANKER TRAILMOBILE 69 1969 F40473 38-60140 TANKER ETNYRE TRANSPORT 87 1987 lE9T42201lUE007113 Thursday, June 08, 2000 Page 8 of8 ,., f- l- I-" I~. I- I- I I. I , I P A VEX CORPORATION DEERFIELD BEACH, FLORIDA FINANCIAL STATEMENTS FOR THE YEARS E~ED DECEMBER 31, 1999 AND 1998 RICHMOND, SMITH & CO., CPA'S, A.C. P.O. Box 1204 BECKLEY, WV 25802-1204 ......:.. i:.I PAVEX CORPORATION INDEX TO FINANCIAL STATEMENTS Pa2e Independent Auditor's Report As of and for the Years Ended December 31. 1999 and 1998 Balance Sheets Statements of Cash Flows -- 1-2 3 4 5 6-13 Statements of Income Statements of Changes in Stockholder's Equity Notes to Financial Statements ....;::.. &. L t L L t I- l l~ L l l L...I l ~ ~ ~ ~ t l .... l Rolfe A. Richmond, CPA Robert D. Smith, CPA RICHMOND, SMITH & CO. CERTIFIED PUBLIC. ACCOUNT ANTS ACCOUNTING CORPORATION P.O. BOX 1204 BECKLEY, WEST VIRGINIA 25802-1204 Telephone {304) 252-7353 Fax (304) 253-1732 INDEPENDENT AUDITOR'S REPORT Board of Directors P A VEX Corporation Deerfield Beach, Florida We have audited the accompanying balance sheets of PAVE X Corporation as of December 31, 1999 and 1998, and the related statements of income, changes in stockholder's equity and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these fmancial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supponing the amounts and disclosures in the fmancial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall fmancial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of PA VEX Corporation as of December 31, 1999 and 1998, and the results of its operations..and its cash flows for the years then ended in conformity with generally accepted accounting principles. f~, February 24, 2000 - 0.. ..~... ....- -.-....... .....-.-....---...- .- ----.-------- .. .':;,.". :....~;;;..~.. ;~- .., .~;~..~t2.-i:::.J:!J.. PAVEX CORPORATION BALANCE SHEETS December 31, 1999 and 1998 ASSETS 1999 1998 Current Assets ./. Cash $ 8,568 $ 760,647 Accounts receivable 11,708,443 11,986,903 Costs and estimated earnings in excess of billings on uncompleted contracts 203,328 889,380 Inventories 867,677 745,769 Deferred income tax asset 160,000 145,000 Prepaid expenses and deposits 211,806 111,057 Total Current Assets 13.159,822 14,638,756 Other Assets Investment in stock of other company (at cost) 542,244 542,244 Intangibles, less accumulated amortization of $105,119 and $60,736, respectively 303,240 347,622 845.484 889,866 .......:'" Property. Buildin~ and EqJIipment 24,337,844 23,306,970 Less accumulated depreciation 17,684,792 16,323,515 6.653,052 6,983.455 TOTAL ASSETS $ 20,658,358 $ 22,512,077 The accompanying notes are an integral part of these statements. PAVEX CORPORATION BALANCE SHEETS December 31, 1999 and 1998 ~ LIABILITIES AND STOCKHOLDER'S EQUITY 1999 1998 Current Liabilities Accounts payable and other accrued expenses $ 5,692,153 $ 6,438,640 Advance - Aff11iate 1,018,151 Billings in excess of costs and estimated earnings on uncompleted contracts 340,209 482,535 Accrued income taxes payable 179,349 322,390 Current portion of corporate debt 1,096,667 2,315,642 Total Current Liabilities 8,326,529 9,559,207 Other Liabilities Corporate debt - Less current portion 277,778 889,901 Deferred income tax liability 186,000 206,000 463,778 1,095,901 Commitments and Continlencies Stockholder's EqJ1ity ...;.:~ .... Conunon stock ($100 par value, 25.000 shares authorized; 10,000 shares issued and outstanding) 1,000,000 1,000,000 -.. Retained earnings 10.868.051 10,856.969 Total Stockholder's Equity 11.868.051 11,856,969 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 20.658,358 $ 22.512,077 The accompanying notes are an integral part of these statements. -2- I f f l I t ~ , f PAVEX CORPORATION STATEMENTS OF INCOME Years Ended December 31, 1999 and 1998 Gross Operatinf Revenue Construction contracts Asphalt and aggregate sales Other income - rentals Total Gross Operating Revenue 1999 1998 $ 45,590,201 $ 48,428,094 2,230,971 1,996,157 37,275 28,950 47,858,447 50,453,201 Cost or Operations Direct labor Other direct cost Depreciation and amortization General overhead Total Cost of Operations 7,315,649 6,668,557 32,376,928 33,504,536 1,721,972 1,868,652 6.445,504 5,835,670 47,860,053 47,877,415 (1,606) 2,575,786 .,,":":~ . 91,372 12,57g-; (123,112) (268,304) 74.428 (3,945) 41,082 2,316; 115 30,000 900,000 $ 11,082 $ 1,416,115 Operating (Loss) Income Other Income (Expense) Interest income Interest expense Gain (loss) on sale of equipment Income Before Income Taxes Provision for income taxes Net Income The accompanying notes are an integral part of these statements. -3- ~-,..~,.,~ -' ~..~_._' " .' -~. PAVEX CORPORATION STATEMENTS OF CHANGES IN STOCKHOLDER'S EQUITY Years Ended December 31, 1999 and 1998 Common Retained Stock Earnin~s Total Balance at January 1, 1998 $ 1 ,000,000 $ 9,590,854 $ 10,590,854 Dividend paid (150, (00) (150,000) Net income for the year 1,416,115 1,416,115 Balance at December 31, 1998 1 ,000,000 10,856,969 11.856,969 Net income for the year 11.082 11.082 Balance at December 31, 1999 $ 1 ,000 , 000 $ 10,868.051 $ 11 ,868,051 "",. The accompanying notes are an integral part of these statements. -4- .._.._....... .".,..::...t,,,_......'"'-'., .-~.:.__.._.,. .. PA VEX CORPORATION STATEMENTS OF CASH FLOWS Years Ended December 31, 1999 and 1998 1999 1998 CASH FLOWS PROVIDED BY OPERATING ACTIVITIES: Cash received from customers $ 48,617,176 $ 47,757,140 Cash paid to suppliers and employees (46,948,665) (43,469,850) Interest received 9,073 12,578 Interest paid (135,917) (255,498) Income taxes paid (208,041) (391,209) Net Cash Provided By Operating Activities 1,333,626 3,653,161 CASH FLOWS USED FOR INVESTING ACTIVITIES: Purchases of land and equipment (1,098,768) (1,557,321) Proceeds from equipment sales 85,280 6,700 Purchases of goodwill and covenant not to compete (120.000) Net Cash Used For Investing Activities (1,013,488) (1,670,621) CASH FLOWS USED FOR FINANCING ACTIVITIES: Proceeds from advance by affiliate 1,018,151 Proceeds from issuance of corporate debt 534,056 4,000,000 Payments of principal on debt to afflliated company (1,000,000) Principal payments on corporate debt (2,624,424) (4,771,416) Dividends paid (150,000) Net Cash Used For Financing Activities (1,072,217) (1,921,416) Net (Decrease) Increase in Cash and Cash Equivalents (752,079) 61,124 Cash and cash equivalents, beginning of year 760,647 699,523 ...;.::,.... Cash and Cash Equivalents, End or Year $ 8.568 $ 760.647 RECONCll..IA nON OF NET INCOME TO CASH PROVIDED BY .; OPERATING ACTIVITIES: Net Income $ 11 ,082 $ 1,416,115 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 1,721,972 1,868,652 (Gain) loss on disposal of property (74,429) 3,945 Provision for bad debts 63,457 689,299 Deferred tax credit (35,000) (11,000) (Increase) decrease in accounts receivable 215,004 (2,420,363) (Increase) decrease in prepaid expenses (100,750) 39,884 Increase in inventories (121,908) (294,072) (Decrease) increase in accounts payable (746,487) 2,212,940 Net change in billing related to costs and estimated earnings on uncompleted contracts 543,726 (372,032) (Increase) decrease in prepaid and deferred income taxes (143,041) 5191793 Net Cash Provided By Operating Activities $ 1,333.626 $ 3,653.161 SUPPLEMENTAL DISCLOSURE OF NONCASH ACTIVITIES: Equipment acquired by direct fmancing $ 259,271 $ 240.634 The accompanying DOtes are an integral part of these statements. -5- ~~~t!'~"~~"';~.2j;:'/~t...:..:...:~__<~_;... .. __ .__..:._. __. , I PA VEX Corporation NOTES TO FINANCIAL STATEMENTS I r PA VEX Corporation is a Florida-based asphaltic concrete producer, and a grading and paving contractor. PA VEX's major operations are concentrated in the south Florida counties of Dade, Broward, Palm Beach and Monroe, however it also operates facilities in Orange and Polk counties. PA VEX operates predominately in the counties containing its plant sites, but also services contiguous counties. PA VEX also has operations in the Bahamas (see Note 3). Revenue is generated from private contracts with lien rights, or government contracts. A significant number of the private contracts are bonded. The Company is a wholly-owned subsidiary of Vecellio Contracting Corp., which is a wholly-owned subsidiary of Vecellio & Grogan, Inc. 1 Note 1 - Summary of Shmificant Accountin2 Policies REVENUE AND COST RECOGNITION: The accompanyirig financial statements have been prepared in conformity with generally accepted accounting principles. Revenue on long-term construction contracts is recognized by a type of the percentage of completion method, whereby revenue is recorded based on actual quantities of work performed as determined by Company or independent engineers. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, depreciation and an allocation of certain construction overhead and administrative costs associated with the construction process. Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs, and income is recognized in the period in which the revisions are determined. Profit incentives are included in revenue when realization is assured. Claims for additional contract revenue are recognized when collected. The asset; "Costs and estimated earnings in excess of billings on uncompleted contracts," represents..revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. USE OF ESTIMATES: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. .: CASH AND CASH EQUIV ALENfS: For purposes of cash flows, the Company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. ACCOUNTS RECEIVABLE: The Company provides an allowance, as needed, for accounts deemed doubtful in nature. Accounts receivable are composed of the following: Contract receivables: Completed contracts Contracts in progress Retention (due within one or more years) Other receivables 1999 1998 Less allowance for uncollectible accoums $ 5,420,287 4,575,576 1,752,737 381,843 12,130,443 422,000 $11,708,443 $ 4,695,739 5,960,915 1,226,004 490,245 12,372,903 J 386.000 $11,986.903 Accounts receivable from state, city and other local governmental units totaled $650,000 at December 31, 1999. Accounts receivable from foreign governmental agencies totaled $313,000. I r I P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 1 - Summarv of Sil!Dificant Accountin2 Policies (Continued) INVENTORIES: Inventories have been valued at lower of cost or market. Cost is determined on a flI'St-in, first-out method and market is based on net realizable value. Inventories are composed of the following: 1999 1998 Construction materials and supplies Repair and replacement parts Fuels and lubricants $ 752,808 71,673 43,196 $ 652,862 39,666 53.241 $ 867,677 $ 745,769 PROPERTY, BUILDINGS AND EQUIPMENT: Property, buildings and equipment are carried at acquisition cost. Depreciation is computed using primarily accelerated methods over estimated useful lives as indicated below. The major components of property, buildings and equipment and their corresponding accumulated depreciation are as follows: December 31 , 1999 Estimated Accumulated Book Lives Cost Depreciation Value $ 2,225,754 $ $2,225,754 15-31 yrs. 1,750,020 993,900 756,120 5-15 yrs. 20,362.070 16.690,892 3-;671.178 $24,337,844 $17,684,792 $6,653,052 ,; December 31, 1998 Estimated Accumulated Book Lives Cost Depreciation Value $ 2,050,437 $ $ 2,050,437 15-31 yrs. 1,583,240 886,129 697,111 5-15 yrs. 19,673,293 15,437 ,386 4,235,907 $23,306,970 $ 16,323,515 $ 6,983,455 Land Buildings & improvements Asphalt plants and equipment Land Buildings & improvements Asphalt plants and equipment LONG-LIVED ASSETS: Long-lived assets are reviewed for impairment whenever events or changes in circwnstances indicate the related carrying amount may not be recoverable. Based upon management's evaluation, there were no significant impaired long-lived assets at December 31, 1999. -7- r r" r r J r I f P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 1 - Summary of Shmificant Accountin2 Policies (Continued) !NT ANGmLES: Goodwill and covenants not to compete result from the purchases of American Asphalt, Inc. and Brewer Company of Florida's Key West operations (see Note 11). Goodwill and covenants not to compete are amortized on a straight-line basis over periods of 15 years and 5 years, respectively. EMPLOYEE BENEFIT PLANS: Accounting policies related to the employee benefit plans are described in Note 9. INCOME TAXES: PA VEX Corporation determines the difference between the financial statement and tax basis of assets and liabilities annually. Deferred income tax assets and liabilities are computed for those differences that have future tax consequences using the currently enacted tax laws and rates that apply to the periods in which they are expected to affect taxable income. Valuation allowances are established, if necessary, to reduce the deferred tax asset to the amount that will more likely than not be realized. Income tax expense is recorded as the current tax payable or refundable for the period, plus or minus the net change in the deferred tax assets and liabilities. RECLASSIFICATIONS: Certain prior year amounts have been reclassified to confonn to the current year presentation. Note 2 - Costs and Estimated Earninl!s on UncomDleted Contracts An analysis as of December 31, 1999 follows: Direct costs incurred on uncompleted contracts Estimated earnings .$35,304,484 . 6-;050,814 41,355,298 41,492.179 $ (136,881) Less: Billings t.o date. Included in the accompanying balance sheets: Cost and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts .$ 203,328 (340,209) .$ (136.881) Note 3 - Investment in Stock of Other ComDanv PA VEX owns 79% of the outstanding common stock of a Bahamian holding company, Silverdale Investments, LTD ("Silverdale"). Silverdale owns varying interests in six operating companies in the Bahamas. The December 31, 1999 financial statements indicate that P A VEX's interest in the net assets of these enterprises approximated $2.5 million. P A VEX's cost of these investments amounted to $542,244 at December 31, 1999 and 1998, which is the amount carried in the accompanying balance sheets. In accordance with current accounting practice, PA VEX has not consolidated the investments nor has it reported these investments on an equity basis of accounting. -8- P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 4 - Related party Transactions The following transactions occurred between the Company and other members of the Vecellio & Grogan, Inc. controlled group and were reported in the accompanying statements of income: 1999 1998 Intercompany Income (Expense): Contracting and rental income Materials purchased Management fees Executive retirement plan expense Contracting expense Facilities and equipment rental Data processing Miscellaneous $ 93,365 (2,323,811) (585,752) (80,723) (208,632) (96,000) (120,000) (3,600) $(3,325,153 ) Net Intercompany Expense $ 95,188 (2,314,841) (409,000) (255,951 ) (140,615) (3,600) $(3,028,819) 1999 Included in the accompanying balance sheets are accounts receivable and payable from these companies as follows: Accounts receivable from affiliated companies Accounts payable and accrued expenses to affIliated companies Advance from affiliated company $ 23,758 $ 384,716 $ 1,018,151 1998 $ 150,285 $ 447,915 $ The Company also rents real estate from entities controlled by the stockholders of the parent company. Rentals totaled $120,000 for the years ended December 31,1999 and 1998. ,; Note 5 - Coroorate Debt Corporate debt at December 31 consists of the following: 1999 Nations Bank of Florida, NA: Notes payable paid in full during 1999. Northern TrustBan.k: Borrowing under equipment line of credit payable in monthly installments of $34,722 plus interest at prime or one month LmOR plus 1.45 basis points (at year end 7.91 %). Proceeds were used for working capital. Secured by Asphalt Plants. Sun Trust Bank, South Florida, NA Borrowings under unsecured line of credits. $ 694,445 500,000 Astec Financial Services: Installmem sale contract with monthly payments of $10,000 including imerest at the New York prime rate plus 1 % (at year-end 9.75%). Secured by equipment. Pavex expects to accelerate payments and pay off the note in 2000. 180,000 -9- 1998 $1,146,356 1,111,111 350,000 __~_:.-._-J~".:"'..~.__'~-'..-.-J~; " " .- .---..---------. - ._. _.....---~ .---- .----~ ~~....:"....o.~~~...lk.-'-....., .... fB'&Y'.:ifriool':.1 ~t:..&'A,:..:'.t.~ir'''IIf~~-i''';"_. ..:~.. . I I. I- I- l 1-. f- ~ , P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 5 - Corporate Debt (Continued) 1999 1998 210,684 87,464 299,928 3,205,543 2,315,642 $ 889,901 Caterpillar Financial Services: Note payable paid in full during 1999 The Associates: Note payable paid in full during 1999 PACCAR Financial: Note payable paid in full during 1999 Total Corporate Debt Less current portion corporate debt Long-Term Corporate Debt 1,374,445 1,096,667 $ 277,778 The following are the expected scheduled maturities of corporate debt at December 31, 1999: Year Amount 2000 2001 $1,096,667 277,778 $1,374,445 ...1:.... At December 31, 1999, Vecellio & Grogan, Inc. had available for its subsidiaries, including PAy;EX Corporation, unsecured lines of credit totaling $14 million, against which total direct borrowings were $3.1 million. PA VEX was responsible for $500,000 of the borrowings against these lines of credit. In addition, the Parent had available credit lines which would be subject to collateral security totaling $21.5 million against which total direct borrowings, including lease commitments, were $6.7 million. PAVEX had borrowings against these lines of credit totaling $700,000. In addition, PA VEX borrowed $1,000,000 from the unsecured l~es of credit in January 2000. The unsecured lines and the revolving credit line bear interest at the banks' prime rates. Some of the unsecured lines require an arulUal reduction in borrowing for thirty consecutive days to an amount outstanding not greater than . 5 % of the total line of credit. The lines of credit are subject to review in 2000. The lines contain certain restrictive covenants which generally require the maintenance of certain levels of equity, debt to equity ratios and reporting requirements. At December 31, 1999, the Company was in compliance with these covenants. An unsecured letter of credit of $100,000 has been issued by PAVEX to the Rorida Deparonent of Transportation for the release of retainage. I I - j I I I I i I i 1 , ~ - P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 6 - Income Taxes PA VEX Corporation has elected to file a consolidate4 tax return with Vecellio & Grogan, Inc. The consolidated tax provisions of this return are allocated among Vecellio's subsidiaries based on the separate taxable income of such companies. Amounts owed to or receivable from Vecellio & Grogan, Inc. as a result of income taxes are reflected in this financial statement as income taxes payable or recoverable. Statutory limitation has closed tax years for 1995 and prior. Current accounting practice requires recognition of a net deferred tax asset or liability in the Company's financial statement. The net deferred tax (liability) asset in the accompanying statements is as follows: Deferred tax asset (allowance for doubtful collections) Deferred tax liability: Financial and tax depreciation differences Non-qualified deferred compensation plan Other 1999 1998 $ 160,000 $145,000 (223,000 ) (206,000) 31,000 6,000 (186,000) (206,000) $ (26,000) $ (61,000) It has been detennined that the deferred tax asset will more likely than not be realized and therefore no valuation allowance is necessary. The provision for income taxes included in the statements of income is as follows: .~:...':. ... 1999 1998: $ 53,000 $768,000 12,000 143,000 65,000 911,000 (29,000) (9,000) (6,000) (2,000) (35,000) (11,000) $ 30,000 $900,000 Current Provision: Federal State Total Current Deferred Credit: Federal State Total Deferred Total Provision The reasons for the differences between the amount of tax provided and the amount of tax expense computed by applying the statutory income tax rates are as follows: Tax provision at statutory rates Increase (decrease) in provision resulting from: Tax increase (decrease) resulting from f1ling consolidated tax return State income taxes Other 1999 $ 6,000 1998 $811,000 (15,000) 93,000 11,000 $900,000 8,000 10,000 6.000 $ 30,000 -11- - ". - .-...... -.....- r r I I I P A VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 7 - Operatinl! Lease Commitments The Company maintains operating leases for equipment and vehicles. These leases normally contain purchase options and short-tean cancellation clauses. PAVEX has also leased real property, which is used in its business operations, from related parties. The future minimum lease payments, under these agreements, at December 31. 1999 follows: 2000 2001 2002 $225.000 200,000 84,000 $509.000 Lease expense approximated $212,000 for the year ended December 31. 1999. Note 8 - Commitments and Continl!encies There are various legal proceedings pending against the Company from a number of private actions. Both actual and punitive damages, in substantial but unspecified amounts, are being sought by the plaintiffs. Such proceedings are not uncommon in the Company's business and usually involve claims against multiple defendants who were involved in the project which is the subject of the proceeding. The Company denies the allegations in these actions and is engaged in defending them through its insurance carrier. Historically. the Company has been successful in defending such actions or has settled within insured limits. On February 17, 1999. P A VEX entered into an agreement to purchase a Relocatable Turbo 4DO-M-:Pa* asphalt plant. The total cost of the plant and site preparation will approximate $3.2 million after trade-in. PA VEX expects to complete the asphalt plant installation by May 2000. ,; Note 9 - EmDlovee Benefit Plans On January 1. 1996. Vecellio & Grogan, Inc. established a compensation reduction/profit sharing plan (the "Plan") for itself and its subsidiaries under the provisions of Section 401(k) of the Internal Revenue Code. All employees who meet certain eligibility requirements are allowed to participate in the Plan. Under the tenns of the Plan. each participant is able to defer the receipt of compensation by an amount not exceeding the greater of 15 % or $10.000 of their pay before the reduction, The Company's contributions, under the Plan, are discretionary and are determined annually by Vecellio & Grogan, Inc.'s Board of Directors. As of December 31,1999 and 1998, the Company had expensed and recorded in accrued other expenses $89,078 and $83,702, respectively, in anticipation of paying its matching contributions. The Company has established a non-qualified Executive Retirement Plan for key personnel, which requires quarterly payments after retirement. The annual cost of the plan is calculated using the sinking fund approach. Total cost allocated by the Parent for December 31, 1999 was $80,723. In order to meet its obligations under this plan, the Parent Company maintains policies on the life of the participant. with a face value $650,000 at December 31, 1999. The Parent Company is the sole owner and beneficiary of such policies. -11- ... ~-..;.-'.._...._..- ~ PA VEX Corporation NOTES TO FINANCIAL STATEMENTS Note 10 - Bacldo2 At December 31. 1999. backlog totaled $28.0 million. This represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts in progress and from contractual agreements on which work had not begun. In addition, between January 1. 2000 and February 24.2000, the Company entered into additional construction contracts with revenues of $2.8 million. Note 11 - Acquisition of Kev West Onerations On July 3, 1998. PA VEX purchased the Key West plant operations of the Brewer Company of Florida. Inc. for $830,000. The purchase method of accounting was used to report this acquisition. The accompanying statement of income includes the results of operations from the acquisition date to the end of the year. Of the purchase price. $710,000 was allocated to property, plant and equipment. The remaining $120.000 was allocated to goodwill and covenant not to compete. These amounts are being amortized over 15 years and 5 years. respectively. on a straight-line basis, ..........:,. ,; -13- I- I- I- I- I- I- I- I- t- f- f ~ ~ , 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 this 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 $100,000 for each such failure. I I I r f Signed: Ab Dated: /?;J/J Y /:?" ,::)C(.....:;. esentative 1-26 r.. r t t t t r t t f f , ,- ~' t I,. -- l- t I- SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Acknowledgment of Addenda Addendum No. Signature Date / .1~ A ~_Jhl /Y,lA-<.~ / J ,';}L'''C'l V {T f .. 1-27 I( ~ ~ I. I r i r ~ , I I l t I j - - _I SECTION I DISADVANTAGED BUSINES$ ~NTERPRISE PROGRAM Contract (As Required by Division III, Section 150 of the General Provisions) DBE SubcontractQ~ Names/Addresses/ideQtttr Subcontract Work Item ""'JtLL.I~ i2 sr'IJ#)./j..z:wc. ]ZJ;)I '~Uf'JL A1Jr ~I~' lAJotLl( Su,N' StJt.. K~ WIl'J? Pl.. ":J.f(;;a Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) Dollar Value of Subcontract Work I . . .,. . qt>/ A ~I)..O r II lIt:>', 3S0. 00 :3 J ~ 'l-"\1 'l.c-t.. So _ IJ.~, 0/0 .(Black Hispanic. Asian American, American Indian, and other economically disadvantaged.) 1-28 9/9 e6Bd ~VjdLG: L OO-ElL-};8V'j ~L8966GVV96 ~ ~NOI1~~Od~OJ X3^Vd :};8 ~ue r r r f' t. f f' r- r- I- r-- r- r ,-. ,-. ,- ~. I- I- 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 e;t~ '1 A. C.::>d'1 who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of /J A" E~ e.,A..A being its (Name of Bidder) ()I t..fF "A.4'l,I)..~ , (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: ~ AtJe-'/. c.~ ~ ~. :IsO} ~ IAJ t(i'~~ Sr, I'D~"A#O 1I!J1FICc.N.. Pt.. 3~07.J 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 subsequent 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: 1-29 t t I~ Ip ,,- I.. I- I.. Ip I- I- I- I.. I- I- I.. 1-. I I Unit of Trench Safety Measure Measure Unit Unit Extended (Description) (LF, SY) Quantity Cost Cost C',4 'JC>I{ &.t.:>> ,~ / / oJ L ~ J /l.( . 1/ _ /0- /&J() ....- A r;;:A Iq / , ---- ,.- B tel Lf/ .2 1,90, / .2 69'1 C D TOTAL: $;l, K'i'lr' I Signature of Authorized Representative: ~4J A. (,orfr ERBY A. co VICE' PRESIDENT 5-,'.eJD Date Title STATE OF: F Lc.t..\ f)A. COUNTY OF: ~ ~<"..i1>J4') who i~rsona-lIy kl'!owrl)o me or who has produced as identifiCation and who did/did not take an oath. ( ,~~- ~.~)~-,- ~~_,A;;;;~7 (Signature of Notary Public, Y State of ~J~~~~_ at Lan1~v~d Umbaugh ~f'tA.":~ MY COMMISSION ICC754610 EXPIRES ~.~.~~ September 8, 2002 -'/I...~r.:~~;.." BONDED THRU TIIOY FAIN INSURANCE, INC. (Print name of Notary Public) My Commission Expires 4 If /0(,"( -..?- / I 1-30 I~ ["' I~' I- I- 1-- J -~' J r J J J r J J J r r- 1. 2. 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. ( This sworn statement is submitted with Bid, Proposal or Contract No. forK~~,~~"'c'/v\.:'lmf..ll..t/.4 ,""c.; /1/\//) A /,,fi!(,,,-J , ..KC Y IVc>' //v'J2"'r!., 4/~/l.vr. , PAVEX CORPORATION This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is 2501 N. W. 48th SffiEET POMPANO BEACH, FL33013 3. and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 59- ;;(0':< 8:::?'-/1 .) My name is ~~., A. c. o-,()tf and my (please print name of individual signing) relationship to the entity named above is tJ ac.t!" ~~tt"S It) ,;r~7 4. I understand that a "public entity crime", as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state or federal 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 I 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 1-31 (- ( { ( ( { f f f f' r r r ,~ rm r r r r 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 )(e), 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 term "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.) 1-32 f f f- f- f- l- t-- 1-- l- I- 1-- ,-. 1-- , ~-" , _d' , , 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: --e~ A. e.~ RBY A. CODY VICE PRESIDENT /7l6 Ii ~,~~ / ate Title STATE OF: fLc. Q.. 11) A COUNTY OF: G(,~-"",-u:..-') The foregoing instrument was acknowledged before me this / Jl day of 4?' /k? 1-9;c.>(,Q, by G~&y Co 0 'r' I --------.-- (Sole,~ra0n" or Partnership) who i personally known to, me or who has produced as identification an w 0 did/did not take an oath. /// ~ /(.---,"7 ,'- , ~~.~ Signature of Notary Publi I State of Florida at Large) ..,-;,w.~r.~.;.,. Kim David Umbaugh {.rJ1{':r.\ MY COMMISSION fI CC754610 EXPIRES ~~;'~{.Q1 September 8, 2002 "~p.f..r.-~"" BONDED THRU TROY FAIN INSUI/ANCf, INC (Print name of Notary Public) My Commission Expires :("~r; 2-- 1-33 t t t t t t t t. t t t t t t t t t t t SECTION L SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE PAVEX CORPORATION 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. 10-1990 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. ~~o 1sign~ Date: /?7 /;7 '7- /8 Z-<,('jO STATE OF: 1="LO~\D/>.. COUNTY OF: ~~......,~~ PERSONALLY APPEARED BEFORE ME the undersigned authority E.t!dY eo"y who, after first being sworn by me affixed@lher signature (name of individual signing) in the space provided above on this /;? day of /~ /P-7 ' ~~p ,-___.-.1 // / '- \ Y .---"--<"'--"'/ / ~~_-L.-3CL.----/ -::"'/.~:;' ( (Signature of Notary PubliG,'/ . State of Florida at Large) - /~~~'f.~?:;:~ Kim David Umbaugh ~~i "A': ~:~ MY COMMISSION # C054610 EXPIRES -:";-i.~~_: September 8, 2002 "'J!r. 'C.." BONDED THRU TROY FAIN INSIIPAr-J('F Ir-J(' (Print name of Notary Public) My Commission Expires S71i~Lr"tL...-- I 1-34 t r r r r r r r r r r r r r r' r" t r' t. 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 employees 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 maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, 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. ERBY A. CODY VICE PRESIDENT s;!!vcdcto~ Title 1-35 SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 02/14/1997 if that is the latest list issued for Monroe County. 1-36 ... 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 tunnelsj Building structures in rest area projectsj railroad constructionj bascule, suspension and sprandrel arch bridges designed for commercial navigationj bridges involving marine constructionj other major bridges) Modification Number o Publication Date 03/12/1999 1-37 03/12/1999 COUNTY (ies) : CHARLOTTE DE SOTO GLADES HARDEE HENDRY HIGHLANDS SUFL3001A 08/01/1993 BRICKLAYERS/MASON CARPENTERS CONCRETE FINISHERS ELECTRICIANS FENCE ERECTOR FORM SETTER IRONWORKERS: Reinforcing Structural LABORERS: Asphalt 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 1-38 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~'SUbgrade 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) (1) (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 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. 1-39 03/12/1999 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 1-40 03/12/1999 SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1. 5/90) The bidder/offeror certifies, by submission ofthis proposal or acceptance ofthis contract, that neither it nor its principals is presently debarred, suspended, proposed for debartment, declared ineligibiliy, 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 clause without modification in alllowertiertransactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 1-41 .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 0 - CONTRACT............................................. 11-6 11-1 SECTION A PUBLIC CONSTRUCTION BOND Pavex Corporation BY THIS BOND, We 2501 NW 48th St, Pompano Beach, FL 954-428-87116 Principal. whose principal business address is ~~eao~~~'"~~~~~2-8734 , as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of $ 3624266 50 (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 , 19_ between Principal and County for construction of Resurfacing Taxiways and Apron located at Key West International AilpOrt . 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 Sec~ion 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 July 12, 2000 PRINCIPAl: Pavex Corporation Address: 2501 NW 48th St, PomDano Beach, FL 954-428-8712 ~1J- A. d1''1- By: Obligee: Board of County Commissioners, Monroe County 5100 College Road, Stock Island Key West, FL 33040 (305) 292-4466 11-2 By: Clai 255 11-3 lheSlRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 21219 Certificate No. 155092 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint William Phelps of the City of Indialantic , State Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertaking~~lJ"e(t or~itted in y actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrume day of December 1999 . Seaboard Surety Company St. Paul Fire and Marine Ins St. Paul Guardian Insuran St. Paul Mercury Insurance @ States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. ~ :~,!:::::!, \-.WU) R. \A c.~ State of Maryland City of Baltimore MICHAEL R. MCKIBBEN, Assistant Secretary On this 1 st day of Df"r.f"mhf"f 1 C)C)C) , before me, the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. ~Jp~.~ My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 11-99 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certifIcate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive OffIcer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this IL7/-l day of ,-1 t.((.. '( 2f)aJ. ~ R. \Ac.~ Michael R. McKibben, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-38 the above-named individuals and the details of the bond to whi Please refer to the Power of Attorney number, SECTION B THIS SECTION IS NOT INCLUDED 11-4 SECTION C ~.-r. ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Resurfacing Taxiways and Apron 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. PAVr:x CORPORATION Contractor BY: -I'-1J-A. ~ ~"'( /l... CP.I:>1 \hc..€ Q~~-.:.J'C' J Title: 11-5 SECTION D CONTRACT TO Resurface Taxiways and Apron Key West International Airport THIS AGREEMENT made and entered into the IL/J:A day 0 and between P"'~&J(.. (!.. - . >'&of, ~- the Monroe County Board of Commissioners, Key West, Flori 1.0 . 0 by Contractor, and 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: Resurface Taxiways and Apron 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 hereunder within 175 calendar days from 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: ~ '"^-"'-'-\..u'-:> 6\......~J)~-o """,..,...."'""'1'- J"'bu-L., ~.......~ Approximately~.:.> \W~l'>I1...t;.'D SIItJ.f...rS, ~ Do~ ~~ APTY C'l>IV'~ Dollars ($ .$)10:24)02/"<,,,50 ) in accordance with lump sum and unit prices set forth in the proposal. 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 (10%) 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 agreement shall be made within twenty (20) days after the completion by the 11-6 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, without proof or accounting for the other counterpart, be deemed an original contract. PAVEX CORPORATION (Contractor) ~::e: !7:~~~~~~ (P sident)* WITNESS~~ STATE OF FLORIDA """ I, the undersigned authority, a Notary Public in'''r.- . Id County and State hereby certify that ~'{ ~. c...o r> 'rJ . whose name as "1,-," f'u.~ I Db ~1- of PA-Ui;;;""'7- (.oll.f 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 t . s ~ day of kJ (~l ) ~ , -1"9"' o? 00 0 "'~,*,:f.U"'" MINDY SAMET .~'~. ~<';' y r.;OMMISSION # CC 771904 \'" /;j EXPIRES: August 31, 2002 ~.R'~' \.<t,. Bonded Thru Notary Public Underwrrters 111\1\ * Who is authorized by the corporation to execute this contract. 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. . . . . . . . . . .. 111-49 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS (PWL) . . . . . . . .. III-57 SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM .................... 111-64 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ................................. 111-90 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS . . . . . . . . . . . . . . .. 111-91 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ..... 111-99 111-1 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. 1- 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time 111-2 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 fumished 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," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR), The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For 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, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are fumished 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 2~1 ADVERTISEMENT (Notice to Bidders). The owner, or hislher 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 01 the proposed wall<; 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 bidders past experience on similar wall<, a list 01 equipment that would be available lor the wall<, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. lithe bidder's linancial 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" evidence of financial responsibility" to the owner no later than 1 0 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: "1-7 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 QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurtace investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. 111-8 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. 111-9 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 retumed 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 20 111-10 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 30 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 retum of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be retumed. The successful bidder's proposal guaranty will be retumed as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 111-11 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 30 111-12 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. 111-13 Should a contract item be omitted or otherwise ordered to be non performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, '"-14 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 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. 111-15 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 finished product equal to or better than that intended by the requirements of the contract, plans and specifications. 111-17 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 govem 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. 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. 111-18 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be fumished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications, Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be pertormed. 111-19 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. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period, The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. 111-20 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 this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection, If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the 111-21 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 50 111-22 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 60-12 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 111-23 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 fumish an "or equal" material or assembly, he shall fumish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed" or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION, The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. 111-24 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. Owner-furnished materials shall be made available to the Contractor at the location specified herein. 111-25 All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 111-26 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all hislher 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 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 111-27 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 AlP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall fumish, 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. 111-28 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 fumish, 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, waming 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. 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, 111-29 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 fumished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet 111-30 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 PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the 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 govemment authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. 111-31 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. 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 em) 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 111-32 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. 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. 111-33 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 70 111-34 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AlP 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 (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 111-35 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 or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS 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 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 111-36 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 Engineers 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 in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). 111-37 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 pertormance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of 111-38 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 B. Fails to pertorm 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 111-39 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 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. 111-40 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 80 111-41 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 of delivery, 111-42 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 for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. 111-43 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 fumishing all materials, for periorming all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70, When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 111-44 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 nonperfonnance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. 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 perfonning the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives, 111-45 C. Statement. No payment will be made for work performed on a force account basis until the Contractor has fumished 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 fumish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted, When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. 111-46 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 acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C, The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has fumished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work, It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 111-47 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 3D calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 3D-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50, After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 111-48 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 surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. 111-49 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 management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work, If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. III-50 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 follo\ying 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 II/ by NICET. 6) Highway construction technician certified at Levell/I 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 area of expertise. III-51 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; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. III-52 100-06 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); 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 III-53 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 fumished 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; 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. III-54 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 reco rd. 8. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: 1) Technical specification item number and description; 2) Test designation; 3) Location; 4) Date of test; 5) Control requirements; 6) Test results; 7) Causes for rejection; 8) Recommended remedial actions; and 9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. 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. III-55 100-10 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-56 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (Sn) of the specified number (n) of sublots 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 lot 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 EV ALUA TED, PRODUCTION QUALITY (USING POPULA TION AVERAGE AND PO PULA nON STANDARD DEVIA nON) 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. 10-02 METHOD FOR COMPUTING PWL. The computational sequence for computing PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the 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. Find the sample average (X) for all sublot values within the lot by using the following formula: x = (Xl + X2 + X3 + . . .xn) / n Where: x = Xl, X2 = n = Sample average of all sublot values within a lot Individual sublot values Number of sublots III-57 e. Find the sample standard deviation (Sn) by use of the following formula: Sn = [(d12 + dl + dl + . . .d/)/(n-1 )]1/2 Where: Sn = Sample 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 = (X2 - X) ... dn = (xn - X) n = Number of sublots f. For single sided specification limits (Le., 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 QLI 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 (Le. 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 Where: PL = percent within lower specification limit Pu = percent within upper specification limit III-58 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 5) Determine PWL by entering Table 1 with QL= 1.44 and n= 4. PWL = 98 III-59 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) QU = (U - X) / Sn QU = (5.00 - 3.57) / 1.12 QU = 1 .2702 111-60 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 .1 630 87 1.0597 1 .11 00 1 .1173 1.1191 1 . 11 99 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 .041 3 1 .0399 84 1.0119 1.0200 1,0124 1.0071 1,0037 1 .001 5 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 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 111-61 Percent Within Positive Values of a (aL and aU) 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 0.1090 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 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of a (aL and aU) 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 -0.1911 -0,1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0,2537 -0.2461 -0,2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0,2691 -0.2660 39 -0,3911 -0.3300 -0,3107 -0,3016 -0.2964 -0,2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0,3900 -0.3679 -0,3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 111-62 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 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 13 -1.0597 -1 .11 00 -1 .1173 -1.1191 -1 .11 99 -1 .1204 12 -1.0736 -1.1400 -1 .1537 -1 .1587 -1.1613 -1 .1630 11 -1.0864 -1 .1700 -1 .1909 -1 .1995 -1 .2043 -1 .2075 10 -1.0982 -1 .2000 -1 .2290 -1.2419 -1.2492 -1.2541 9 -1.1089 -1,2300 -1 .2683 -1 .2860 -1 .2964 -1.3032 8 -1 . 11 84 -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 .41 00 -1.5427 -1.6181 -1.6661 -1.6993 2 -1 .1524 -1 .4400 -1,6016 -1.6982 -1.7612 -1,8053 1 -1 . 1 541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 111-63 SECTION 120 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 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 111-64 (2) classification in 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.) 111-65 (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 t 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 (Hi) 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 111-66 Contractor 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 or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of 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.) 111-67 (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(l) 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. Govemment 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(l) 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) of this section, 111-68 (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 111-69 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 111-70 associated with the corresponding journeyman wage rate 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. 111-71 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 111-72 be 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. 111-73 120-02 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 $10,000 (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. 111-74 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. 111-75 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. 111-76 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, 111- 77 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 111-78 violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). 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 Development Block Grant Program). 111-79 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 Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part, 111-80 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 amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 111-81 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. 111-82 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 of the 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 $10,000 (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. 111-83 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. 111-84 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 periorm their services at any location, under his control where segregated 111-85 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. 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. 03-12-0044-13 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. 111-86 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 for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 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. 111-87 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 Contract, that neither it nor its principals is presently debarred, suspended, proposed 111-88 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 120 111-89 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 130 111-90 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 altemative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work govemed 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. 111-91 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 R . d L' 't eQUlre ImIS: GL1 $100,000/person; $300,OOO/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250 ,OOO/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit GL3 X $ 500,000/person; $1 ,OOO,OOO/occurrence $ 100,000 property damage or $1,000,000 combined single limit 111-92 eqUlre n orsemen: GLXCU X Underground, Explosion & Collapse (XCU) GLUQ liquor liability R . dEd t 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 equlre Imlts: VU $ 50,OOO/person; $100,OOO/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,oOO/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 R 'dL" 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/occu rrence 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. MED2 Professional $1,000,000/$3,000,000 Agg. MISCELLANEOUS COVERAGES 111-93 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/$500,000 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: DEDUCTIBLES: liability policies are Occu rrence Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature 111-94 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work govemed 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 A.M. 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. 111-95 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work govemed 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, 111-96 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, 111-97 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work govemed by this contract involves either underground exposures, explosive activities or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse and underground) exposures with limits of liability equal to those of the General Liability Insurance Policy. 111-98 SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The following bid condition apply to this Department of Transportation (DOT) and Federal Aviation Administration (FAA) assisted contract. Submission of a bid/proposal by a prospective contractor shall constitute full acceptance of these bid conditions. 150.01 DEFINITION On February 2, 1999 the U.S.A. Department of Transportation (DOT) published a new disadvantaged business enterprise (DBE) program rule in the federal Register (64 F. R. 5126), The rules revises requirements pertaining to DOT- assisted contracting, including contracts awarded under the Airport Improvement Program. These requirements are now codified in a new 49 CRF Part 26. 150.02 POLICY It is the policy of FAA and DOT that DBE's as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds, Consequently the DBE requirements of 49 CFR Part 26 apply to this contract. 150.03 CONTRACT ASSURANCE 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. 105.04 PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 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 30 days after the subcontractor's work is satisfactorily complete. Any delay or postponement of payment from 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. 111-99 150.05 150.06 150.07 150.08 SUBCONTRACTOR CLAUSE All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offer further subcontracting opportunities. CONTRACT AWARD Bidders are hereby advised that meeting the DBE subcontract goal or making an acceptable good faith effort to meet said goal are conditions of being awarded this FAA and DOT assigned contract. The owner proposes to award the contract to the lowest responsive and responsible bidder submitting a reasonable bid provided he has met the goal for DBE participation or, if failing to meet the goal, he has made an acceptable good faith effort to meet the established goal for DBE participation, Bidder is advised that the owner reserves the right to reject any or all bids submitted. GOOD FAITH EFFORTS AND DBE PARTICIPATION GOAL 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. This requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 11.25 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 commitmentto use a DBE subcontractor whose participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (6) if the contract goal is not met, evidence of good faith efforts. AVAILABLE DBE'S The owner requires the submission of the following information with the bid. The required forms are included in Division I, Section I. 111-100 150.09 CONTRACTOR'S REQUIRED SUBMISSION The owner requires the submission of the following information with the bid. The required forms are included in Division I, Section I. DBE Subcontractors Name/Address/ldentity Subcontract Work Item Dollar Value of Subcontract Work W\U.\~ "- ~TrviJIIS. ~ //lJG. ~ ~ '\ 0 l.. F L a..t.lll!C. A." c. 'ttt-ti:'i -~-v. Fl.. -:s.~o~o . b ~,~ ~ ..t.YS.n.M ~ e..r ,. pI: ItoIl eo-r50 . , ~~~ , . !.o~ ~ ~ ~lIaJ03:5. 3:> Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent ~t")o~:!>>. '''S !. l.~". %. 1.<.. So \\.S % *(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged). If the contractor fails to meet the contract goal established in 150.07 above, the following information must be submitted prior to contract award to assist the owner in determining whether or not the contractor made acceptable good faith efforts to meet the contract goal. CERTIFICATE OF COMPLIANCE The Director of Airports, Key West International Airport has on file a Disadvantaged Business Enterprise Program which may be reviewed and inspected at any of the following locations: (1) Director of Airports, Key West International Airport The Monroe County Board of Commissioners intends to utilize and implement this program in the awarding of this contract. This is to certify that I have reviewed the plan, bid evaluation procedure, and DBE directory and will make all reasonable efforts to include DB2tractors as outlined in Section 150. Bidde~a~ ~ E1l6-i .... c.oo't v.ur ~3,~...''''''T , Title ""V"," ~~<!!\,r~~ Kim David Umbaugh f*(/i.~A MY COMMISSION' C054610 EXPIRES ~:i;~i~; September 8, 2002 '',f.iif.,i~~'''' BONDED THRU TROY FAIN INSU~ INC. IlL' q D: J: j g d coo -/ :~~y Nota Public 111-101 DISADVANTAGED BUSINESS ENTERPRISE (DB E) UTIUZA TION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): )( The bidder/offeror is committed to a minimum of /J.S % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: ~;4t1e-~ c.~;(..A State Registration No. t6 ~~u!' ~~ ('Alq77~ ERBY A. CODY Title VICE PRESIDENT By 111-102 ... LE1TER OF INTENT Name of bidder/offeror's fttm: PAVEl CORPORATION Add....: 25011. W." S1IID fOIIPMO BUlH, fL 33073 City: State: Zip: Neme of DBE linn: WILL UM. Go. SFavA-~ .c - ~Ne.. Add....: .... &.. '//1 ", City: N~ ~ StIIte: ~.. ZIp: 3.1 0<< Telephone: Jp.j--~,,?';-~~I Deacq,tion of work to be performed by DBE linn: " ~6'c! ~ffAC!H~ The blddedotreror is committed to utilizing Ihe IIbove-nemed OBE firm for Ihe de8GrIbed abOVe. T1Nt eatlrMted dolarvllue oflhll WOItt Is S ~.81 ~~?,g, Afftnnallon The lIbove-namecl DBE firm affirms that it wiI perform the portion of the contract the estimated dollar values BS Slatest abovo. By ~ L!~d/'- c;'# (Signature) (Title) If the bidder/offeror does not receive award of thtt prime contract, any and.1 I r.pre.entatlona In thl. Letter of Intenland Aftlrmltlon shall be null and void. :Submit this page for each DBE subcontractor). 111-'03 J 7 TE1.EPItONE (305) "'-5'2' ~ \WiLLlam g. cSte,v"E,n~J !1na. ENGINEERING CONSTRUCTION 3108 FLAGLER AVENUE KEY WEST, FLORIDA 33040 Work to be completed for the Key Weat Inti Airport .s a Subcontractor for PAVEX CORPORATION Section . Description Qty Unit 26 18" Reinforced Concrete Pipe Clan V d701-5.1 Material 99 LF 27 Z4"Relnforced Concrete Pipe C.... V d701-S,2 Materiel (18.25 per lon, pipe 17.2 LF) 2,800 LF 28 Inlet Type F (Unpaved ANa) d751-5.1 Material 8 EA 28 Inlet Type F w/Baflle (Unpawd A....) d751.5,2 Material 8 EA 30 Inlet Type I Paved A..... d751-5.3 Material 3 EA 31 Manhole Type II Paved Areu d751-5.4 Material 1 EA 32 Sodding T804-5.1 Sod 1 LS 47 Injection Wells 5001-5.1 Material 540 LF e EA ~~~~. Richard B. Crocker General Manager STATE CERTIFIED D.e.E. F (305)~-M'il1