09/19/2001 Contract
Clerk DIllie
Circul coon
Danny L. Kolhage
(305) 292-3550
Memnrand10n
To:
Peter Horton, Director
Monroe County Airports
Attn:
Bevette Moore
From:
Isabel C. DeSantis, ~
Deputy Clerk .J. Co. IJ .
Date:
Tuesday, November 13,2001
At the BOCC meeting of September 19, 2001, the Board granted approval of award
of bid to PJ's Land Clearing & Excavating, for the Runway Obstruction Clearing Project
at the Key West International Airport, and approval for the Mayor to execute contract
upon review by the County Attorney.
Attached are three (3) duplicate originals of the above for your handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
Risk Management
~ile
of1f; J
CONTRACT DOCUMENTS
, \ "
'RUNWAY OBSTRUCTION CLEARING
AND RELATED WORK
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
A.I.P. NO. 3-12-0037-1601
PFC Application No.5
URS Corporation Contract No: C500004059.15
Prepared for:
THE MONROE COUNTY
SOARD OF COUNTY COMMISSIONERS
MR. GEORGE NEUGENT, DISTRICT 2
MS. NORA WILLIAMS, DISTRICT 4
MR. CHARLES "SONNY" MOCOY, DISTRICT 3
MS. MURRAY NELSON, DISTRICT 5
MS. DIXIE SPEHAR, DISTRICT 1
MAYOR
MAYOR PROTEM
MEMBER
MEMBER
MEMBER
Prepared by:
URS CORPORA TION
MAY, 2001
VOLUME 1 OF 2
CONTRACT DOCUMENTS
i
RUNWAY OBSTRUCTION CLEARING
AND RELATED WORK
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
A.I.P. NO. 3-12-0037-1601
PFC Application No. 5
URS Corporation Contract No: C500004059.15
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR. GEORGE NEUGENT, DISTRICT 2
MS. NORA WILLIAMS, DISTRICT 4
MR. CHARLES "SONNY" MCCOY, DISTRICT 3
MS. MURRAY NELSON, DISTRICT 5
MS. DIXIE SPEHAR, DISTRICT 1
MAYOR
MAYOR PROTEM
MEMBER
MEMBER
MEMBER
Prepared by:
URS CORPORA TION
MAY, 2001
VOLUME 1 OF 2
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
FOR
RUNWAY OBSTRUCTION CLEARING
AND RELATED WORK
A.I.P. NO. 3-12-0037-1601
PFC Application No.5
URS Corporation Contract No: C500004059.15
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Prepared by:
URS CORPORA TION
MAY, 2001
VOLUME 1 OF 2
TABLE OF CONTENTS
VOLUME I
DIVISION I ........................................................................... 81 D DOCU MENTS
DIVIS ION II........ ............. ... ....... ..... .......... ........ ....... ............. ...... .... CONTRACT
DIVISION III............................................................... GENERAL PROVISIONS
VOLUME II
DIVISION IV ................................................................. SPECIAL PROVISIONS
DIVIS ION V...................................................... TECHNICAL SPEC I FICA TIONS
,
BID DOCUMENTS
DIVISION I
BID DOCUMENTS
SECTION A - INVITATION FOR BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-2
SECTION B - INSTRUCTIONS TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS. . . .. . . . .. . .. .. .. 1-13
SECTION D - BID BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-17
SECTION E - DRUG-FREE WORK PLACE .............................. 1-19
SECTION F - PRIME BIDDER'S QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . .. 1-20
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES. . . . . . . . . . . . . . . . . . .. .. 1-22
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM. . . . . . . . . .. 1-23
SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. ... . .. 1-24
SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
THE FLORIDA TRENCH SAFETY ACT. . . . . . . . . . . . . . . . . ..... 1-25
SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ........... 1-27
SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 ...... 1-30
SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES. . . . .. .. .. 1-31
SECTION N - FEDERAL WAGES DECISION. . . . . . . . . . . . . . . . . . . . . . . .. . . .. 1-32
SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29..1-37
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SECTION A
INVITATION FOR BIDS
Sealed bids will be received by the Monroe County Board of County Commissioners until
3:00 PM local time. Thursday. August 2nd, 20..Q1. for the furnishing of all labor and materials
and performing all work for constructing the following contract:
Runway obstruction clearing and related work at
Key West International Airport
Monroe County, Florida
At the specified time, all bids will be publicly opened and read aloud. The opening will be held
at the office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross
Wing, Room 002, Stock Island, Key West, Florida, 33040. All bids received after this date and
time will be automatically rejected.
The major items of work for the contract will be as follows:
Trim, alter, remove and dispose of all vegetation, including mangroves, from the
approach surface at both ends of Runway 9-27 (1 :34 slope), from the runway
safety area (Part 77, 1:7 slope) and the tower clearance line of sight.
A Disadvantaged Business Enterprise (DBE) goal of 13.20% participation has been established
for the contract.
Copies of the bidding documents (Contract Documents) may be obtained from URS
Corporation, 5805 NW 11th Street, Suite 340, Miami, Florida, 33126-2034, Telephone
305/262-7466, upon payment of $50.00 to URS Corporation, which will not be refunded. No
plans and specifications will be issued to contractors later than twenty-four (24) hours prior to
the time indicated above for receiving bids. No partial sets of plans will be issued.
Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will
be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the
form of a certified check or bid bond payable to the Monroe County Board of Commissioners.
A public construction bond will be required for 100% of the contract price.
A Surety Payment bond will be required for 100% of the contract price and a Surety
Performance Bond also 100% of the contract price.
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The Contractor will be required to pay all workers on this project the prevailing scale of wages
contained in the Contract Documents.
Certification of Nonsegregated Facilities and Equal Opportunity Report Statements must be
signed as included in the bid proposal. Failure to complete these forms may be grounds for
rejecting bids.
Disadvantaged Business involvement data and certification of compliance must be included with
each bid.
No bids will be considered unless the bidder is properly qualified to submit a proposal for this
construction in accordance with all applicable laws of the State of Florida. This shall include
evidence of possession of a current license from the State Licensing Board for General
Contractors, Tallahassee, Florida. Non-residents of the state, if a corporation, shall show
evidence of qualification by the Secretary of State to do business in Florida.
No bid shall be withdrawn for a period of ninety (90) days subsequent to the opening of bids
without the consent of the Owner.
The right is reserved to reject any or all bids and to waive informalities in the bidding.
The right is reserved to accept or reject any item or items of bid and to award and/or negotiate
a contract in the best interest of the County.
All bids, including the recommendation of the County Administrator and the requesting
Department Head or Division Director, will be presented to the Board of County Commissioners
of Monroe County, Florida, for final awarding or otherwise.
The Board will automatically reject the bid of any person or affiliate who appears on the
convicted vendor list prepared by the Department of General Services, State of Florida, under
Sec. 287.133(3)(d), Fla.Stat. (1997).
Interested bidders shall submit two (2) signed originals and four (4) copies of each bid in a
sealed envelope marked on the outside, "Sealed Bid for Runway Obstruction Clearing and
Related Work - Runway 27 and Related Work at Key West International Airport". All bids
remain valid for a period of ninety (90) days.
A Pre-Bid Conference will be held on Thursday. July 12. 2001. at 10:00 AM, local time, at the
Key West International Airport, Terminal Building, Customs/Federal Inspection Room.
Attendance by prospective bidders is mandatory at the Pre-Bid Conference. The purpose of
the Conference will be to answer questions and to familiarize potential bidders with the Project
Site. As part of the Pre-Bid Conference, the Engineer will conduct a field review of the Project
Site.
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SECTION B
INSTRUCTIONS TO BIDDERS
1. CONTENTS OF CONTRACT DOCUMENTS:
Proposal forms are contained in these Contract Documents. All papers bound with or
attached to the Proposal Form are a part of the Contract and must not be detached or
altered.
A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount
of not less than five percent (5%) of the total amount of bid submitted shall accompany
each proposal. The Bid Bond shall be made payable to Monroe County Board of
County Commissioner.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK:
The bidder shall examine carefully the site of the work and the Contract Documents and
he shall investigate and satisfy himself as to the conditions to be encountered, as to the
character, quality and quantity of work to be performed and materials to be furnished
and as to the requirements of the Contract. Bidders shall familiarize themselves with
all federal and state laws, local ordinances and regulations which may in any manner
affect the work or its prosecution. The filing of a Proposal shall be presumptive
evidence that the bidder has complied with these requirements.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to
the meaning of any part of the proposed Contract Documents, he may submit to the
Engineer, URS Corporation, 5805 NW 11 th 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.
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5. PREPARATION OF PROPOSAL:
Proposals shall be submitted on the Proposal Form contained in these Contract
Documents. Each blank space in the Proposal Form shall be filled in correctly and the
bidder shall state the price for which he proposes to do the work written in ink. The
bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall
sign his Proposal correctly in ink. If the bidder is an individual, his name and post office
address must be shown. If a firm or partnership, the name and post office address of
each member of the firm or partnership must be shown. If a corporation, the Proposal
must designate the state under the laws of which the corporation is chartered, the
names, titles and business addresses of its officers and the one signing the Proposal
as agent of the firm or corporation must furnish legal evidence that he has authority to
such signature and that such signature is binding upon the firm or corporation.
On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words
and figures a unit price and in figures the product (extension) of the unit price and
quantity in the appropriate column for each bid item exclusive of those items for which
a fixed contract unit price and extension are shown. On "lump sum" items, the same
amount shall be shown in both the unit price (words and figures) and extension (figures
only) columns. After all extensions are made, the bidder shall total the extended
amounts of the bid items and show his total of the extended amounts of the bid items
and show his total bid amount in the appropriate place on the Proposal Form.
All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other
alteration of a figure shall be initialed by the signer of the proposal. The Owner will
check the extension of each item given in the proposal and correct all errors and
discrepancies. In case of a discrepancy between a unit bid price and the extension
amount, the unit price will govern. In case of discrepancy between the unit price in
words and figures, the words shall govern. The sum of the correct extension amounts
will be the contract bid price.
6. ALTERNATE BIDS:
Where alternate designs are provided by the plans and proposal, the bidder shall enter
prices only on the items for the design alternate that will be most economical for him to
construct and other bid items that will be common for all alternates. The bidder shall
enter the words "No Bid" in the unit price column on items for the design alternates not
selected.
If any item on the proposal form permits a choice between alternate specified types of
materials, the bidder shall indicate by a checkmark the type of material he proposes to
use. If more than one type or none is checked, the Owner will make the selection.
Where alternate designs are provided for which bids area called for on each alternate,
the bidder shall furnish bid prices for each of the alternates. Failure to do this may be
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grounds for rejection of the proposal.
7. REJECTION OF PROPOSALS:
Proposals may be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids or irregularities of any kind. Proposals in which prices are
obviously unbalanced may be rejected. The Owner reserves the right to waive minor
irregularities in any bid.
8. BID PRICE:
The price bid shall cover the cost of furnishing of all materials, tools, labor,
transportation, local, state and federal taxes, Old Age Benefits, Social Security,
services and equipment necessary to perform the work in full conformity with the
Contract Documents.
9. PRE-QUALIFICATION OF BIDDERS:
No proposal will be considered from any contractor unless he is licensed to do work in
the State of Florida and is properly qualified to submit a proposal for this construction
in accordance with all applicable laws of the State of Florida.
10. AWARD OF CONTRACT:
The award of the contract, if it be awarded, will be made by the Owner to the lowest
responsible bidder whose proposal meets the requirements thereof. The award, if
made, will be made within ninety (90) days after opening of the proposal but no award
will be made until the responsibility of the bidder to whom it is proposed to award the
contract has been investigated. Notice of award will be mailed by the Owner to the
successful bidder at the address stated in his proposal.
11. RETURN OF BID BOND:
All bid bonds except those of the two lowest qualified bidders will be returned promptly
after the tabulation of the bids has been made and in no case will a bid bond be held
longer than ninety (90) days without the bidder's written consent.
12. EXECUTION OF CONTRACT:
The successful bidder will be required to execute the contract and furnish bond within
ten (10) days of date of notice to award. In the case of a corporation, the officer or
agent to execute the contract must be designated in a power of attorney executed by
the Board of Directors and duly certified by the Secretary and bearing the seal of the
corporation. When the successful bidder is a partnership, the power of attorney
designating one member of the firm to execute the contract shall be filed with the
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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 twenty (120) 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)
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G. Acknowledgment of Receipt of Addendum (Division I, Section H)
H. Disadvantaged Business Enterprise (Division I, Section I)
I. Bidder's Affidavit in Compliance With the Florida Trench Safety Act (Division I,
Section J)
J. Sworn Statement Under Section 287.133(3)( a) FLORI DA STATUTES, on Public
Entity Crimes (Division I, Section K)
K. Sworn Statement Under Ordinance No.1 0-1990, Monroe County (Ethics Clause)
(Division I, Section L)
L. Certification of Segregated Facilities (Division I, Section M)
M. Federal Wage Decision (Division I, Section N)
N. Certification regarding Department, Suspension, Ineligibility, and Voluntary
Exclusion-49 CFR Part 29 (Division I, Section 0)
O. Copy of Contractor's license for State of Florida
P. Bidder's Statement on Insurance (Division III, Section 140)
17. MARKING AND MAILING BIDS:
Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed
and marked on the outside as follows:
Office of the Director of Purchasing
5100 College Road, Public Service Building
Cross Wing, Room 002, Stock Island
Key West, Florida 33040
Runway Obstruction Clearing
and Related Work
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.
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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,
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or his power to execute such contract, to any person, firm or corporation without
written consent of the Owner and such written consent shall not be construed to
relieve the Contractor of any responsibility for the fulfillment of the contract.
Unless otherwise stipulated in the proposal or special provisions and with the
assistance of workmen under his immediate superintendence and reported on his
payroll, all contract work of a value not less than fifty percent (50%) of the total
contract amount, except that any items designated in the contract as "Specialty
Items" may be performed by subcontract may be deducted from the total
contract amount before computing the amount of work required to be performed
by the Contractor with his own organization.
(b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity
of an employee or agent of the contractor and the Contractor will be responsible
to the Owner for all of the subcontractor's work, including failures or omissions
and his removal may be required by the Engineer, as in the case of any
employee.
25. PERMITS:
The County permit fees for the project are $ 0.00 Which shall be an expense of the
Contractor. The county cautions bidders that the contractor shall also be responsible
for the permit fees of any state or federal agency having permitting ju risdiction 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
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in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-
64, Florida Statutes).
29. SCHEDULE OF WORK:
Contractor shall coordinate work items that may overlap with other work being
performed by other contractors. Each bidder shall take this into account and no
provision for re-mobilization or re-negotiation for time delay can be made.
Depending on the bids received, certain quantities may be increased or decreased and
no provision shall be made for re-negotiation (see Division I, General Provisions, Section
40, for further information).
30. PROJECT FUNDING:
Work included in this project is being funded in part the use of Passenger Facility
Charges collected by Monroe County, and part from Federal funds under the FAA
Airport Improvement Program (AlP).
31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS:
There are 13.20% DBE subcontractor goals for the FAA funding projects on this
contract. Should any DBE subcontractors be used on this contract, the subcontractor's
name, address, type of work performed and subcontract amount shall be reported as
part of the project close-out documentation submitted with the information requested in
Special Provision No.1, Section 25, "Project Documentation".
32. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION:
DBE POLICY: It is the policy of the Florida Department of Transportation that
disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have
the maximum opportunity to participate in the performance of contracts financed in
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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 sex
in the award and performance of Department assisted contracts.
The Disadvantaged Business Enterprise Program statements and certification shall be
fully completed and submitted as required by Section 150 of the specifications. This
form is provided in Division I, Bid Documents, Section I.
34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this
project, the contractor shall not discriminate against any employee or applicant for
employment because of race, age, creed, color, sex or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, age, creed, color, sex, or
national origin. Such action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination, rates of payor other forms of compensation; and selection for
training, including apprenticeship. The contractor shall insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials.
35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of
Nonsegregated Facilities as required by Section 120, shall be completed and submitted
with the bid proposal. This form is provided in Division I, Bid Documents, Section M.
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SECTION C
PROPOSAL
Contract
BID TO:
Monroe County Board of Commissioners
clo Purchasing Department
Public Service Building, Room 002
5100 College Road, Stock Island
KEY WEST, FLORIDA 33040
BID FROM: P.l's Land Clearing & Excavating Inc
P.O. Box 540517
C'TTp.p.nRr.Tp.s, PI, 13454
,
Submitted (Date):
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 cc;>ntract 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:
Runway Obstruction Clearing and Related Work
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.
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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 after the date stated in the Notice-to-Proceed.
The undersigned further agrees that in case of failure on his part to execute the said contract
and the bond within ten (10) consecutive calendar days after written notice being given of the
award of the contract, the check or bid bond in the amount as specified herein accompanying
this bid and the monies payable thereon, shall be paid into the funds of the Monroe County
Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid
bond accompanying this proposal shall be returned to the undersigned.
Attached hereto is a certified check on the
Bank of
of 5% of Amount of Bid dollars ($
made payable to the Monroe County Board of Commissioners.
or a bid bond for the sum
)
I acknowledge receipt of Addenda No.(s) 1 . I have included Pages 1-13 through 1-37
of the Bid Proposal which entails the Proposal Form X , Schedule of Bid Items
(Attachment "Aj X , Prime Contractor's Qualifications X , the Drug-Free
Workplace Form X , the Bid Bond X , Acknowledgment of Addenda X ,
Bidder's Affidavit of Compliance with Florida Trench Safety Act X , Sworn Statement
Under Ordinance No. 10-1990 X . The Disclosure of Lobby Activities X ,the
Sworn Statement Pursuant to Section 287.133(3)a X I the Disadvantaged Business
Enterprise Program X I and the certification Regarding Department, Suspension I
Ineligibility and Voluntary Exclusion X . Also include a copy of valid Contractor's
licenses and evidence of Competency and evidence of Financial Responsibility N/_A_ '
(Checkmark items above as a reminder that they are included.)
1-14
Mailing Address: P.J.'s Land Clearing & Excavating Inc
P.Q, Box 540517
Greenarces, FL 33454
Phone Number. (561)740-9938
Date:
Signed:
.44~
Mark Guthrie
(Name)
Prolect Manager
(Title)
WRness: ~ Clrll""" t...~yJ)
(Seal)
1-15
ATTACHMENT "Aft
SCHEDULE OF BID ITEMS
BIDDER: P.lo's Clearing & Excavating Inc
DATE:
AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT
PFC APP. NO: A
AlP NO: 3-12-0037-1601
PROJECT DESCRIPTION: RUNWAY OBSTRUCTION CLEARING AND RELATED WORK
ITEM NO. SPEC. NO. ITEM DESCRIPTION" UNIT UNIT esnMATED UNIT PRICE EXTENDED
PRICE BID IN WORDS QUANTITY IN NUMBERS TOTAl
1 P-101-3.1 MobilIZation Seven Thousand LS 1 $ 7,500.00 $ 7,500.00
at F1ve hundred Dollars
and em Cents
P-l02-14.1 Malnbmance of Air Opera1lona LS 1 $ 1,000.00 $ 1,000.00
2
~~d Dollars
andZem Cents
3 P-151-4.1 T~J1~1on Five Thousand AC 12 $ 5,204.54 $ 62,454.48
.. \W our Dollars
and Fifty-Four Cents
4 P-151-4.2 ~r1~an Five Thousand AC 10 $ 5,204.54 $52.045.40
at \W our DoII.r.
and l'tlty-l'our Cents
5 P.156-5.1 Pollution, ltIoslon and siltation LS 1 $ 1,000.00 $1,000.00
~1nousand Donars
ancIZero Cents
TOTAl BID ITEMS 1 THROUGH 5 $123,999.88
1-16
SECTION D
BID BOND
Contract
KNOW ALL MEN BY THESE PRESENTS, that we P.J.' s Land Clearin~ & Excavatin~ Inc
as Principal, hereinafter called the Principal, and Westfield Insurance Co
a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter
called the Surety, are held and firmly bound unto the Monroe County Board of
Commissioners as Obligee, hereinafter called the Obligee, in the sum of Five Percent of amt. of bid
dollars ($ ~% nf ~mnllnt hic1......-.. . --....-.........__..................__....._........_.._....________ )
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:
Runway Obstruction Clearing and Related Work
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
shall, 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.
1-17
.
Signed and sealed this
day of
,20_.
(Principal)
(Seal)
(Witness)
(Title)
(Surety)
(Seal)
(Witness)
Countersigned by:
By:
(Title)
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.
1-18
SECTION E
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that:
P.lo's Land Clearing & Excavating; Inc
(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. Infonn 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 ab~se 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. q. ~.
4 Bidde(s Signature
Date:
1-19
SECTION F
PRIME BIDDER'S QUALIFICATIONS
Each contractor shall furnish with his bid the following completed and signed statements on
"evidence of competency" and "evidence of financial responsibility", which is in accordance
with General Provision 20-02.
1. Name of Bidder: P.J. 's Land Clearing & Excavating Inc
2. Business Address: P.O. Box 540517 Greenacres, FL 33454
3. Telephone Number:(561)740-9938
4. When Organized:
2/98
5. Where Incorporated: State of Florida
6. How many years have you been engaged in the contracting business under the present
firm name?
3
7. What is the type of construction work in which you are principally engaged?
Land ClearinA & Excavating
8. On separate sheet list major contracts in past 10 years. see attached
9. On separate sheet list equipment and plant available for this project. see attached
10. Enclose a copy of latest Financial Statement. see attached
11. Credit Available for this Contract: $ 220,000.00
12. Contracts now in hand, Gross Amount: $345,546.00
13. Have you ever refused to sign a contract at your original bid? No
1-20
14. Have you ever been declared in default on a contract? No
15. Remarks:
(The above statements must be subscribed and sworn to before a Notary Public.)
Date:
Firm Name:
By:
TiUe:
Project Manager
Notary Public:
. '.....r.:;I ,
..,6." Jill SherwOOd
~il~MY Commission CC763398
.'i"....fi Expires July 29,2002
", .'
~': ~..!^
-~
1-21
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.
Signed:
~4,-g,~i;;~~
Contr ctor's Authorized Representative
Dated:
1-22
SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
Acknowledgment of Addenda
Addendum
No. /""I Signature Date
/ //#r>~~ ~. A J ~
7./A~/ .J
r ~
1-23
ADDI!NDUM No.1
July 27, 2001
to
Specifications and Other Contract Documents for
Runway Obstruction ClQaring and Related Work
Key West Intemational Airport
Monroe County, Florida
AlP No. 3-12.0037.1601
PFC Application No. 5
TO ALL CONCERNED:
The fOllowing items are modifications and interpretations to the original contract
documents as issued to the bidders on August 2nd. 2001. The following items as
provided hereinafter are now in effect and have the same force as if Included in the
original documents.
Bidder shall acHnowledge receipt of this addendum on the proposal form (Section C,
Page 1-14 and S9ction H, Page 1-23).
Alao, pleaae sign this page of the addendum and return by fax (305) 261-4017 to
confirm your relcelpt.
This Addendum INo. 1 consists of 2 total pages.
URS Corporation
~~~~I
Signature
P.J-,-'S Land Clearing & Excavating Inc
Company Nam~
~vfr ' ~-)
Signature
~h 6trl1Jn e
Name
~~6: ~er-
AclcMndum No.1
Paga1
ADDENDUM No.1
July 27, 2001
to
Speclflcatlons and Other Contract Documents for
Runway Obstruction Clearing and Related Work
Key West International Airport
Monroe County, Florida
AlP No. 3-12-0037-1601
PFC Application NO.5
This addendum to the Contract Documents includes modifications to the following:
A. Modifications to SDeclficanons
1. Modify in Division III, Section 20-02 (Page 111-7), third paragraph, second
row "to the Owner no later than 10 days prior to the specified date for
opening bids" to read "to the owner at the time of the bid opening",
? Modify the fourth paragraph in Section A (Invitation for Bids). page 1.3, to
read: aNo 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 ficense to perform this type of work. Non-residents of the state, if a
corporation, shall show evidence of qualification by the Secretary of State
to do business in Florida."
-No General Contractor License is required."
B. Clarification to the Pre Bid Conference's Question~
1. No mechanical equipment w~1 be allowed 10 enter wetland for
purpose of this work, This includes but n01 limited to dUmp-tNck,
pick-up truck and other mechanical equipment.
2. All materials removed by trimming and altering shaD be hauled
offsite and disposed of in accordance with all applicable
regulations.
3. The maximum tolerance under the three-feet trimming limit shall be
one foot.
All other terms and conditions of the original contract documents shall remain
unchanged.
Add8ndum No. 1
Page 2
SECTION I
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
Contract
(As Required by Division III,
Section 150 of the General Provisions)
. DBE Subcontractors
Names/Addresses/identity*
Subcontract Work Item
Dollar Value of
Subcontract Work
Palm Beach Pacific, Inc.
Tree Triming
$21,000.00
-
POBox 16545, West Palm Beach, FL 33416
Total DOllar Value of Subcontract Work
Total Dollar Value of Basic Bid
Total DBE Percent (Round to nearest 1/10 percent)
$ 21,00000
~173 QQQ RR
, 16.9
%
*(Black Hispanic, Asian American, American Indian, and other economically disadvantaged.)
1-24
/"...... '- oj I,
r ' '
I.....
L b
~" ..
":-- -~
'~\
SOUTH FloRIDA WATER MANAGEMENT DISTRICT
330l Gun Oub Road, West Palm Beach, Florida 334C6 . (561) 686-8BOO . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mail~ Address: P.O. Box 24680. West Palm Beach, FL 33416-4680 . www.sfwmd.jI;Ov
ADM 28 08
February 14, 2001
Armando W. Rivero
Palm Beach Pacific, inc.
5564 Barnstead Circle, N.
Lake Worth, FL 33463
REGISTERED VENDOR NO. 38635
MINORITY STATUS: Hispanic American
, w. ,." f. . - ;8 ..;::::.;;,qt~ ."'iCl~i:W:itr-,,;q,<:<;glrt':.r'?:::>%WS}.?:;;.' ~
--:t' ~:,' ,- :;.(' -:' ;~;?:'ft~:'~;;'f~\0:<~'~\~;~~1:" .
,..,. " ., <."..\ <" ., .~'-l.f:ff'. 'l ~J,",'>' ).1";;,\-"",,,. Jil
.~\t~~~{~<:.\ ~~~~~t: ..~. .~;:;(\:i)''Z:~.tY \~~~5~~~~~ ~
,. ,{ .l .":. .," _ ".;:' ji'j;,'~ ~'Tff:'i:'W4.i+.. t,4~(~. Krt~1'$l^ .
<> "'~q: >,; ~:,:}{<rf:. ~~~~~;\~./,-,.~; f~~*,~~J~ < A'Jf:::~:::~" y:~~
Dear Mr. Rivero:
The South Florida Water Management District, has certiffed your firm as a MlnorttylWoman
Business Enterprise (MIW8E). This c:ertJf1clltlon Is wild for three (3) vean and may be applied
when business is conducted ontYiii"lhe'"foltowfng areats):
Landscape MaIntenance and T.... Services
· Your .rubmittDl 01 bid.J 0" ~ to ftPPb' othw products 0,. HrPIces outdid" 01 tIPs specialty(s) 'Will 1Iot count
tuwarrl M/WBE goal tlttalmnfl1lt (f)'MI rtqIIiN cmtfIcatiDtlIn otJw QIWU of 3J*ialty. plea. contact th" Equity Tn
Cc1ltracting Offlc.for additional biformatian.
This certification is subject to periodic review to verify your firm's continued el'gibillty. Renewslls
required every three (3) yeti,.. end "'ould be requested withIn 45 days prior to the above
expiration dBte. In addition, transactions that occur during this certification period which effect the
minority status of your firm should be noted and submitted to the District as an update to your
records. FAILURE TO REPORT CHANGES THAT AFFECT THE OWNERSHIP AND CONTROL
OF YOUR FIRM MA Y RESUL TIN DECERTIFICA TION.
Certification is not a guarantee that your firm will receive work, nor an assurance that you will be
listed in the District's vendor database. YOU MUST /BE A REGISTERED VENDOR WITH THE
DISTRICT IN ORDER TO RECEIVE NOTICES OF CONTRACTING OPPORTUNITIES THA T
BECOME A VAILABLE. If you do not have a Registered Vendor Number, you are encouraged to
contact the District's Procurement Department In order to become an actIVe participant in the
District's procurement process. Please feel free to contact this office for assistance.
Sincerely,
~~
Staff Business Operations Analyst
Equity in Contracting
CBBI
GOVEllNlNG BOARD
Mkhaf'1 CnIHn!ll, n.iMmtm
Michael D. Minton, Vice a..imJQtt
Mitchell W. Berger
Vera M. Carter
Gerardo B. Fernandez
Patrick J. Gleason
Nicolas J. Gutierrez. Ir,
Harldey R. Thornton
Trudi 1<. Williams
EXECUTIVE OfFICE
Frank R. Finch, P,E., E.=utivt Dim:wr
James E. Blount. I..AzcfofStlljf
SECTION J
BIDDER'S AFRDAVIT IN COMPUANCE WITH
FlORIDA TRENCH SAFETY ACT
(SEcnON 553.80-553.64, FLORIDA STATUTES)
STATE OF FLORIDA )
)SS
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared
Not Applicable
who, being duly sworn, deposes and says as follows:
That he is the duly auth~rlzed representative of
(Name of Bidder)
being its
(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:
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:
1-25
Unit of
Trench Safety Measure Measure Unit Unit Extended
(DescrIption) (LF, SY) Quantity Cost Cost
A Not Applicable
B
C
0
TOTAL: $
Signature of Authorized Representative:
Title
Date
STATE OF:
COUNTY OF:
The foregoing instrument was acknowledged before me this _ day of
20_, by
(Sole, Corporation or Partnership)
who is personally known to me or who has produced
as identification and who did/did not take an oath.
(Signature of Notary Public,
State of Florida at Large)
(Print name of Notary Public)
My Commission Expires
1-26
SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBUC ENTITY CRIMES
This form must be signed and swom to in the presence of a Notary Public or other
official authorized to administer oaths.
1. This swom statement is submitted with Bid, Proposal or Contract No.
for Runwav Obstruction Clearing and Related Work
2. This sworn statement is submitted by P.J ,'s Land Clearing & Excavting Inc
(name of entity submitting swom statement)
whose business address is P.O. Box 540517 Greenacres, FL 33454
and (if applicable) its Federal Employer Identification Number (FEIN) is 65-089631Q
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: .)
3.
My name is Mark Guthrie
(please print name of individual signing)
relationship to the entity named above is
and my
Project Mana~er
4. I understand that a "public entity crimea, as defined in Paragraph 287.133(1 )(g), FloridQ
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, but not
limited to, any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material
mis-representation.
5. I understand that "convicted" or "conviction", as defined in Paragraph 287 .133( 1 )(6),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or
without an adjudication of guilt in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non-jury trial or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate", as defined in Paragraph 287. 133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
1-27
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term -affiliate- includes those officers, directors, executives. partners,
shareholders, employees, members and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting
a controlling interest in another person or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
7.. I understand that a "person", as defined In Paragraph 287.133(1)(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 -perso,,- 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.)
X 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 Rorida, Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the Final
Order.)
1-28
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of
Rorida, 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 affHiate 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:
//1J~
(
Project Manager
Title
Date
STATE OF: -EJf)Y"td (J
COUNTYOF:~
Theforego~.lrurnen~at:l<nfYMTPbefo. re'1~of Oehk. ,
20QL, by q ihr) L In 6~-" 'L~ a ~.A
. (Sole. Corpo lion or Partnership)
who . rsonally kn to me or who has produced
'den I 0 and who did/did not take an oath.
ature of Notary Public,
e of Florida at Large)
.f'6. '" Jill Sherwood
*1iiT *My Commissian CC783388
,~ Expires July 29, 2002
(Print name of Notary Public)
My Commission expires
1-29
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
P.I.'s Land Clearing & Excavting Inc warrants that heflt has not employed,
retained or otherwise had act on hislits behalf any tOOTler County officer or employee in
. violation of Section 2 of Ordinance No.1 0-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. .10-1990. 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 tee,
commission. percentage. gift or consideration paid to the former County officer or employee.
~~
Date:
STATE OF: -U.ti t' \'d-a
COUNTYOF:~
PERSONALLY APPEARED BEFORE ME the undersigned authority M Q, 11 ih n' ()
who, after first being sworn by ml affixed hislher sig~tumme of individual signing) in the
spa provided above on this D day of ~ J h , 20~L.
re of Notary Public,
Florida at ~)i11 ShelWOOd
~1l~MY COmmission CC763388
.".",'0' Expires July 29, 2002
(Print name of Notary Public)
My Commission Expires
1-30
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.
(!!1J~t9dil)
Sig atur of Contractor
Tl1f1 ()I)~
1-31
SECTION N
FEDERAL WAGE DECISION
Use the latest publication or the attached publication dated 03/12/1999 if that is the latest list
issued for Monroe County.
1-32
...
General Decision Number FL990035
Superseded General Decision No. FL980035
State: Florida
Construction Type:
HIGHWAY
County(ies) :
CHARLOTTE
DB SOTO
GLADES
HARDEE
HENDRY
HIGHLANDS
MONROE
OKEECHOBEE
. .
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels; Building
structures in rest area projects; railroad construction; bascule,
suspension and sprandrel arch bridges designed for commercial
navigation; bridges involving marine construction; other major
bridges)
Modification Number
o
Publication Date
03/12/1999
03/12/1999
---.-.....
--,_. '....
------..--.-- .
COUNTY (ies) :
CHARLOTTE
.DE SOTO
GLADES
HARDEE
HENDRY
HIGHLANDS
SUFL300~ 08/01/1993
BRICKLAYERS/~ON
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
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
1.0.30
12.56
7.75
7.50
7.91
7.94
9.00
7.16
7.08
7.50
10.14
7.15
9.00
10.56
7.15
7.73
8.26
Fringes
03/12/1999
Pavement Stripping Machine
Nozzleman
pile Driver
Piledrivermen
Powe~:SUb9rade Mixer
Rollers:
Finish
Rough
Self-Prop. Rubber Tire
Scraper/Pan
Small -~oor. Operator
Tractor ,.:- Light
Trenching Machine
Widening Spreader Machine
SIGN ERECTOR
TRAFFIC CONTROIl 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.
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 CPR Part 1.8 and 29 CPR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
03/12/1999
SECTION 0
CERTIFICATION REGARDING DEBARTMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29
(Version 1. 5/90)
The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debartment,
declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this cause
without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify
to this statement, it shall attach an explanation to this solicitation/proposal.
1-37
CONTRACT
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
SECTION B - THIS SECTION IS NOT INCLUDED . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4
SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS ... . . . . . . . . . . . . . 11-5
SECTION D - CONTRACT............................................. 11-6
SECTION E - CERTIFICATE OF OWNER'S ATTORNEY. . . . . . . . . .. . . . .. . . ... 11-9
11-1
PERFORMANCE & PAYMENT BOND
(Public Work)
in compliance with U.S. Chapter 255.05(1)(a)
Bond No. 5884757
Contractor:
Name:
Address:
P.J.'s Land Clearing & Excavating
P.O. Box 540517
Greenacres, FL 33454-0517
Ph N (561) 740-9938
one o.
Surety:
Name:
Address:
Westfield Insurance Company
1100 Cesery Blvd., Suite 115
Jacksonville, FL 32211
Phone No. (904) 762-1107
Owner:
Name:
Address:
Monroe County
5100 College Rd., Stock Island
Key West, FL 33040
Phone No.
Obligee: (If contracting entity is different from the owner, the contracting public entity)
Name: Same
Address:
Bond Amount: $ 123, 999. 88
Phone No.
Contract No. (if applicable):
Descrpiton of Work: Runway Obstruction Clearing and Related Work
Key West International Airport
Monroe County, FL
Pr.oject Location:
3491 S. Roosevelt Blvd.
Key West, FL 33040
Legal Description:
FRONT PAGE
All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be re-
printed thereon.
~
'1
:1
H
01
!.
'-I
...
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SECTION A
PUBLIC CONSTRUCTION BOND
Bond 115884757
By this Bond, We P. J . 's Land Clearing & Excavating , a8 Principal, whose principal
business address Is P.O. Box 540517, Greenacres, FL 33454-0517 . as corporation,
as Surety, are bound to Monroe County hereinafter called County, In the sum of U.S.
Dollars $ 123,999.88 (Minimum 100% of total bid amount) for payment which we bind
ourselves, our heirs, personal representatives, successors, and asslgns, jointly and severally.
THE CONDlnON OF THIS BOND is that if Principal:
1. Performs the contract dated , 20_ between Principal and Cou~ for
construction of Runwav Obstruction Clearing and Related Work 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 make payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the Contract, which is made a part of
this bond by reference, and in the times and in the manner prescribed in the. Contract; and
3. Pays the County all 108S88 , damages, expenses, costs and attorneys 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
cohnected with the Contract or the changes does not affect Surety's obligation under this Bonet
Principal agrees to record this Bond in the Official Records for Monroe County before
the commencement of the work subject of this Bonel.
Date on
20_
,". PRINCIPAL: P. J . 's Land Clearing & Excavating
AddresS:7P,O. Box 540517, Greenacres, FL 33454-0517
~ ' By: /ftAH,1 a /, 'r!~
I "
'I.
....
11-2
...
I.'
....
.;..,
-'
-'
SURETY: Westfield Insurance Company
BY:
d., Suite 115, Jacksonville, FL
32211
Attorney-in-Fact
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05. Florida Statutes.
11-3
General
Power
of Attorney
( CERTIFIED COpy
POWER NO. 0996251
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, a corporation duly organized and existing under the laws of the
State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint
Dfl S. tMUS, CARA L. 1f\AUS, ~INTl. y m SEVERAI..I.. Y
Westfield Insurance, Co.
Westfield Canter, Ohio
of \iEll.INJRW and State of flitS true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred In Its name,
place and stead, to execute, acknOwledge and deliver any and a11.bonds, unclertakings, and recognizances; provided, however, that the penal sum
of any one such instrument executed hereunder shall not exceed FIVE MII.l..ICI1IIXIl.ARS Plf) f() CENTS ($5,<XD,(XXUD)
UMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR.BANK DEPOSITORY BONDS. .
and to bind the Company thereby as fully and to the same e1d:ent as If such bonds were signed by the President, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do in the premises.
Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Westfield Insurance
Company:
-Be It ResOlved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and Is hereby vested with full
power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions: .. .
-Section 1. Attorney-in-Fact. AttorneY-In-Fact may be given full power and authority for and in the name of and on behalf of the Company,
to execute, acknOWledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other cOnditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such
Instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as If signed by the President and sealed and
attested by the Corporate Secretary.- (Adopted at a meeting held on the 3rd day of July. 1957.)
-Be It ResolVed, that the power and authority to appoint Attprney(s)-In-Fact granted to certain officers by a resolution of this Board on the
3rd day of July, 1957, is hereby also granted to any Assistant V1ce-PresldenU (Adopted at a meeting held on the 13th day of July, 1976.)
This. power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Westfield Insurance Company at a meeting duly called and held on the 9th day of June, 1970: .
wBe It Resolved, that the signature of any authorized officer and the seal of the Company hertofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal
shall be valid and binding upon the Company with respect to anY bond or undertaking to which it is attached.-
In Witness Whereof, WESTFIELD INSURANCE COMPANY has caused these presents to be signed by its Vice President, and Its corporate
1eal to be hereto affixed this 251H:Jay of JAHJ.\RY A.D., 3D1-
Corporate
Seal
Affixed
WESTFIELD INSURANCE COMPANY
State of Ohio
County of Medina ss.:
On this 25niday of JIllIJARY A.D., 3Dt before me personally came Richard L. Kinnaird, Jr. to ~e known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Vice President of WESTFIELD INSURANCE COMPANY, the company
described In and which executed the above Instrument; that he knows the seal of said Company; that the seal .affixed to said Instrument Is such
corporate seal; that It was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
N~~~I (j~l'.
Affixed .(.~~~'i;~~~J. ,'-'o~ i\'\... ~~
~.~
.. James M. Walker Notary Public
State of Ohio \" 11\;. "'I.~
County of Medina ss.: ~'" "If.,.. 0 ~ ,~ . My Commission Does Not Expire
...,'... ~ of ,....~ Sec. 147.03 Ohio ReviSed Code
............~
By
Richa d L Kinnaird, Jr.
CERTIFICATE
I, Richard A. Wallet, Assistant Secretary of the WESTFIELD INSURANCE COMPANY, do hereby certify that the above and foregoing is a
true and correct copy of a Power of Attorney, executed by said Company, which is stili in full force and effect; and furthermore the resolutions of
the Board of Directors, set out in the Power of Attorney are In full force and effect. '
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this day of
A.D., .
~J 4 wd/r
Richard A. Wallet
Assistant Secretary
BPOAW1 (03-99)
SECTION B
THIS SECTION IS NOT INCLUDED
11-4
SECTION C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West. Florida
REF: Runway Obstruction Clearing and Related Work
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 difficuh 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.
P.J.'s Land Clearing & Excavating, Inc.
Contractor
BY:
~
,
Patrick Wilson
~4:~
Title:
11-5
SECTION 0
CONTRACT TO
Runway Obstruction Clearing and Related Work
Key West International Airport
THIS AGREEMENT made and entered into the day of
and between P.J.'S Land Clearing & Excavating, Inc.
the Monroe County Board of Commissioners, Key West. Florida. Owner.
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 fann 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:
Runway Obstruction Clearing and Related Work
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 one hundred twenty (120) 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:
Aporoximately One Hundred Twenty Three Thousand Nine Hundred Ninty Nine & 88/100 Dollars
123,999.88 _> 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 second party shall make partial
payment to the on the Contractor basis of a duly certified and approved estimate of work
performed during the preceding calendar month by the Contractor, less ten percent (1 O%)
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
11-6
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 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.
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.
P.J.'S Land Clearing & Excavating, Inc.
~_ntracIor) ,
By: ~ /Vtl1~
,
Title: Patrick Wilson
President. (\ ~
WITNESS:~ ~
11-7
STATE OF FLORIDA
I, the ur;\d rs!gned authprity, a Notary Public in and for s~~nty and State hereby certify
that .v, ~ t> Y\ whose name as (t St den t of
~ 'Is signed to the foregoing instrument and who is known to
me, acknowledged before on this day that being informed of the contents of the within
instrument, he, in his capacity as such, executed the same voluntarily on the date the same
bears date.
Given under my hand and seal this A day of ~, 20J4-.
#'~, Jill Sherwood
*Jii!iJ*My Commission CC763398
,~...... Expires July 29. 2002
* Who is authorized by the corporation to execute this contract.
11-8
SECTION E
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigne~~ LJt' t +-e.. the duly authorized and acting legal
representative of the Monroe County Board of County Commissioners, do hereby certify as
follows:
I have examined the attached Contract and Surety Bond and the manner of execution thereof
and I am of the opinion that each of the aforesaid agreements has been duly executed by the
proper parties thereto acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements on behalf of the
respective parties named hereon; and that the following agreements constitute valid and legally
binding obligations upon the parties executing the same in accordance with terms, conditions
and provisions thereof.
Signature~
Date: I (- (h - ~ I
11-9
GENERAL PROVISIONS
DIVISION III
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS ................................ 111-2
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS ........... 111-8
SECTION 30 - AWARD AND EXECUTION OF CONTRACT.. . . . . . . . . . . . .. .. 111-12
SECTION 40 - SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-14
SECTION 50 - CONTROL OF WORK. . . . . . . . . . . . . . . . . . . .. . . . . . . . . ... .. 111-18
SECTION 60 - CONTROL OF MATERIALS.. . . . . . . . . . . . . . .. . . . . . . . . ..... 111-26
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. . . . .. 111-30
SECTION 80 - PROSECUTION AND PROGRESS . . . . . . . . . . . . . . . . . . . . . . .. 111-42
SECTION 90 - MEASUREMENT AND PAYMENT. . . . . . . . . . . . . . . . . . . . . . . .. 111-49
SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM ............ III-57
SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF
MATERIALS WITHIN SPECIFICATION LIMITS (PWL) . . . . . . . .. 111-65
SECTION 120 - CONSTRUCTION CONTRACT CLAUSES
AIRPORT IMPROVEMENT PROGRAM .................... 111-74
SECTION 130 - SAFETY AND HEALTH REGULATIONS
FOR CONSTRUCTION ................................ 111-100
SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS. . . . . . . . . . . .... 111-101
SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .... 111-110
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 ADDENDUM. A modification of the plans or other Contract documents issued by the
Engineer and distributed to prospective bidders prior to the opening of the proposal.
10-05 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the
Federal Aviation Administration.
10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational
material and guidance, when referred to in the drawings (Plans) and Specifications, advisory
circulars shall have the same force as supplemental Specifications.
10-07 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, and contiguous safety areas. An air operation area
shall include such paved or unpaved areas that are used or intended to be used for the landing,
takeoff, or surface maneuvering or aircraft, and contiguous safety areas that are used or
intended to be used for the unobstructed movement of aircraft in addition to its associated
runway, taxiway, or apron.
10-08 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.
10-09 ASTM. The American Society for Testing and Materials.
10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal.
10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to
111-2
guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner.
10-12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a
duly authorized representative, who submits a proposal for the work contemplated.
10-13 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.
10-14 CALENDAR DAY. Every day shown on the calendar.
10-15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating
the material furnished is in conformance with the Specifications.
10-16 CHANGE ORDER. A written order to the Contractor covering changes in the plans,
specifications, or proposal quantities and establishing the basis of payment and contract time
adjustment, if any, for the work affected by such changes. The work, covered by a change
order, shall be within the scope of the contract.
10-17 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.
10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be performed.
The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid
Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond;
the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the
General and Special Provisions; the Technical Specifications; the Plans; any addenda issued
to Bidders; and any Change Orders issued to the Contractor.
10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided
in the contract.
10-20 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 orworking
days, the contract shall be completed by that date.
10-21 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.
10-22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface
111-3
or subsurface waters are collected and conducted from the airport area.
10-23 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.
10-24 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.
10-25 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.
10-26 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.
10-27 FOOT. The State of Florida Department of Transportation.
10-28 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and
supplements, amendments, and indices thereto are prepared and issued by the General
Services Administration of the Federal Government.
10-29 INSPECTOR. An authorized representative of the Engineer assigned to make all
necessary inspections and/or tests of the work performed or being performed, or of the
materials furnished or being furnished by the Contractor.
10-30 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.
1 0-31 LABORATORY. The official testing laboratories of the owner or such other laboratories
as may be designated by the Engineer.
10-32 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,
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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.
10-33 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.
10-34 MATERIALS. Any substance specified for use in the construction of the contract work.
10-35 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto,
that are prepared and issued by the Department of Defense.
10-36 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.
10-37 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.
10-38 PAVEMENT. The combined surface course, base course, and subbase course, if any,
considered as a single unit.
10-39 PAYMENT BOND. The approved form of security furnished by the Contractor and
his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor
used in the construction of the work.
10-40 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.
10-41 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.
10-42 PROJECT. The agreed scope of work for accomplishing specific airport development
with respect to a particular airport.
10-43 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.
10-44 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.
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10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
10-46 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements
peculiar to the project under consideration, covering work or material involved in the proposal
and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications.
10-47 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.
10-48 SPONSOR. Shall mean the same as Owner.
10-49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor
with labor, materials, and supplies, used directly or indirectly by the said Contractor or
subcontractor in the prosecution of the work.
10-50 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 man made features of the airport that
may be encountered in the work and not otherwise classified herein.
10-51 SUBGRADE. The soil which forms the pavement foundation.
10-52 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.
10-53 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.
10-54 SURETY. The corporation, partnership, or individual, other than the Contractor,
executing payment or performance bonds which are furnished to the owner by the Contractor.
10-55 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.
10-56 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.
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10-57 WORKING DA V. 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
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SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall
publish the advertisement at such places and at such times as are required by local law or
ordinances. The published advertisement shall state the time and place for submitting sealed
proposals; a description of the proposed work; instructions to bidders as to obtaining proposal
forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any
and all bids.
20-02 PREQUALlFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory
evidence of his/her competency to perform the proposed work. Such evidence of competency,
unless otherwise specified, shall consist of statements covering the bidder's past experience
on similar work, a list of equipment that would be available for the work, and a list of key
personnel that would be available. In addition, each bidder shall furnish the owner satisfactory
evidence of his/her financial responsibility. Such evidence of financial responsibility, unless
otherwise specified, shall consist of a confidential statement or report of the bidder's financial
resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such
statements or reports shall be certified by a public accountant. At the time of submitting such
financial statements or reports, the bidder shall further certify whether his/her financial
responsibility is approximately the same as stated or reported by the public accountant. If the
bidder's financial responsibility has changed, the bidder shall qualify the public accountant's
statement or report to reflect his/her (bidder's) true financial condition at the time such qualified
statement or report is submitted to the owner.
Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State
Highway Division and is on the current" bidder's list" of the state in which the proposed work
is located. Such evidence of State Highway Division prequalification 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:
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A. Failure to comply with any prequalification regulations of the owner, if such
regulations are cited, or otherwise included, in the proposal as a requirement for
bidding.
B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on
former contracts in force (with the owner) at the time the owner issues the
proposal to a prospective bidder.
C. Contractor default under previous contracts with the owner.
D. Unsatisfactory work on previous contracts with the owner.
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of
quantities of work to be done and materials to be furnished under these specifications is given
in the proposal. It is the result of careful calculations and is believed to be correct. It is given
only as a basis for comparison of proposals and the award of the contract. The owner does
not expressly or by implication agree that the actual quantities involved will correspond exactly
therewith; nor shall the bidder plead misunderstanding or deception because of such estimates
of quantities, or of the character, location, or other conditions pertaining to the work. Payment
to the Contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications. It is understood that the quantities
may be increased or decreased as hereinafter provided in the subsection titled ALTERATION
OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices.
20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE. The bidder is expected
to carefully examine the site of the proposed work, the proposal, plans specifications, and
contract forms. He shall satisfy himself as to the character, quality, and quantities of work to
be performed, materials to be furnished, and as to the requirements of the proposed contract.
The submission of a proposal shall be prima facie evidence that the bidder has made such
examination and is satisfied as to the conditions to be encountered in performing the work and
as to the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for inspection
of bidders. It is understood and agreed that such subsurface information, whether included in
the plans, specifications, or otherwise made available to the bidder, was obtained and is
intended for the owner's design and estimating purposes only. Such information has been
made available for the convenience of all bidders. It is further understood and agreed that
each bidder is solely responsible for all assumptions, deductions, or conclusions which he may
make or obtain from his/her examination of the boring logs and other records of subsurface
investigations and tests that are furnished by the owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the
forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled
in where indicated for each and every item for which a quantity is given. The bidder shall state
the price (written in ink or typed) both in words and numerals for which he proposes to do each
pay item furnished in the proposal. In case of conflict between words and numerals, the
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words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership, the
name and post office address of each member of the partnership must be shown. If made by
a corporation, the person signing the proposal shall give the name of the state under the laws
of which the corporation was chartered and the name, titles, and business address of the
president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file
evidence of his/her authority to do so and that the signature is binding upon the firm or
corporation.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following
reasons:
A. If the proposal is on a form other than that furnished by the owner, or if the
owner's form is altered, or if any part of the proposal form is detached.
B. If there are unauthorized additions, conditional or alternate pay items, or
irregularities of any kind which make the proposal incomplete, indefinite, or
otherwise ambiguous.
C. If the proposal does not contain a unit price for each pay item listed in the
proposal, except in the case of authorized alternate pay items, for which the
bidder is not required to furnish a unit price.
D. If the proposal contains unit prices that are obviously unbalanced.
E. If the proposal is not accompanied by the proposal guaranty specified by the
owner.
The owner reserves the right to reject any irregular proposal and the right to waive
technicalities if such waiver is in the best interest of the owner and conforms to local laws and
ordinances pertaining to the letting of construction contracts.
20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check,
or other specified acceptable collateral, in the amount specified in the proposal form. Such
check, or collateral, shall be made payable to the owner.
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed
envelope plainly marked with the project number, location of airport, and name and business
address of the bidder on the outside. When sent by mail, preferably registered, the sealed
proposal, marked as indicated above, should be enclosed in an additional envelope. No
proposal will be considered unless received at the place specified in the advertisement before
the time specified for opening all bids. Proposals received after the bid opening time shall be
returned to the bidder unopened.
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20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise
(by withdrawal of one proposal and submission of another) a proposal provided that the
bidder's request for withdrawal is received by the owner in writing or by telegram before the
time specified for opening bids. Revised proposals must be received at the place specified in
the advertisement before the time specified for opening all bids.
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly
at the time and place specified in the advertisement. Bidders, their authorized agents, and
other interested persons are invited to attend. Proposals that have been withdrawn (by written
or telegraphic request) or received after the time specified for opening bids shall be returned
to the bidder unopened.
20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any
of the following reasons:
A. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name.
B. Evidence of collusion among bidders. Bidders participating in such collusion shall
be disqualified as bidders for any future work of the owner until any such
participating bidder has been reinstated by the owner as a qualified bidder.
C. If the bidder is considered to be in "default" for any reason specified in the
subsection titled ISSUANCE OF PROPOSAL FORMS of this section.
END OF SECTION 20
111-11
SECTION 30
AWARD AND EXECUTION OF CONTRACT
30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and
read, they will be compared on the basis of the summation of the products obtained by
multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's
proposal contains a discrepancy between unit bid prices written in words and unit bid prices
written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal
for any of the following reasons:
A. If the proposal is irregular as specified in the subsection titled IRREGULAR
PROPOSALS of Section 20.
B. If the bidder is disqualified for any of the reasons specified in the subsection
titled DISQUALIFICATION OF BIDDERS of Section 20.
In addition, until the award of a contract is made, the owner reserves the right to reject any or
all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in
conformance with applicable state and local laws or regulations pertaining to the letting of
construction contracts; advertise for new proposals; or proceed with the work otherwise. All
such actions shall promote the owner's best interests.
30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be
made within 90 calendar days of the date specified for publicly opening proposals, unless
otherwise specified herein.
Award of the contract shall be made by the owner to the lowest, qualified bidder whose
proposal conforms to the cited requirements of the owner.
30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award
without liability to the bidder, except return of proposal guaranty, at any time before a contract
has been fully executed by all parties and is approved by the owner in accordance with the
subsection titled APPROVAL OF CONTRACT of this section.
30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the
two lowest bidders, will be returned immediately after the owner has made a comparison of
bids as hereinbefore specified in the subsection titled CONSI DERATION OF PROPOSALS of
this section. Proposal guaranties of the two lowest bidders will be retained by the owner until
such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will
be returned. The successful bidder's proposal guaranty will be returned as soon as the owner
receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF
CONTRACT BONDS of this section.
111-12
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
111-13
SECTION 40
SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and
completion, in every detail, of the work described. It is further intended that the Contractor
shall furnish all labor, materials, equipment, tools, transportation, and supplies required to
complete the work in accordance with the plans, specifications, and terms of the contract.
40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the
right to make such alterations in the work as may be necessary or desirable to complete the
work originally intended in an acceptable manner. Unless otherwise specified herein, the
Engineer shall be and is hereby authorized to make such alterations in the work as may
increase or decrease the originally awarded contract quantities, provided that the aggregate
of such alterations does not change the total contract cost or the total cost of any major
contract item by more than 25 percent (total cost being based on the unit prices and estimated
quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation
shall not invalidate the contract nor release the surety, and the Contractor agrees to accept
payment for such alterations as if the altered work had been a part of the original contract.
These alterations which are for work within the general scope of the contract shall be covered
by "Change Orders" issued by the Engineer. Change orders for altered work shall include
extensions of contract time where, in the Engineer's opinion, such extensions are
commensurate with the amount and difficulty of added work.
Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore
specified, such excess altered work shall be covered by supplemental agreement. If the owner
and the Contractor are unable to agree on a unit adjustment for any contract item that requires
a supplemental agreement, the owner reserves the right to terminate the contract with respect
to the item and make other arrangements for its completion.
The Contractor is advised that all supplemental agreements shall be approved by the FAA and
shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the
supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the
limitations on work that increases or decreases the originally awarded contract or any major
contract item by more than 25 percent, the supplemental agreement shall be subject to the
same U.S. Secretary of Labor wage determination as was included in the originally awarded
contract.
All supplemental agreements shall require consent of the Contractor's surety and separate
performance and payment bonds.
40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work
any contract item, except major contract items. Major contract items may be omitted by a
supplemental agreement. Such omission of contract items shall not invalidate any other
contract provision or requirement.
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Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor
shall be paid for all work performed toward completion of such item prior to the date of the
order to omit such item. Payment for work performed shall be in accordance with the
subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor
to perform an item of work for which no basis of payment has been provided in the original
contract or previously issued change orders or supplemental agreements, the same shall be
called Extra Work. Extra work that is within the general scope of the contract shall be covered
by written change order. Change orders for such extra work shall contain agreed unit prices
for performing the change order work in accordance with the requirements specified in the
order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is
necessary for completion of such extra work.
When determined by the Engineer to be in the owner's best interest, he may order the
Contractor to proceed with extra work by force account as provided in the subsection titled
PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within the
general scope of the work covered by the original contract shall be covered by a Supplemental
Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT
of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change order
or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety
of aircraft, as well as the Contractor's equipment and personnel, is the most important
consideration. It is understood and agreed that the Contractor shall provide for the free and
unobstructed movement of aircraft in the air operations areas of the airport with respect to
his/her own operations and the operations of all his/her subcontractors as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and
agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic
signals (including power supplies thereto) used in the guidance of aircraft while operating to,
from, and upon the airport as specified in the subsection titled CONTRACTOR'S
RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel;
equipment; vehicles; storage areas; and any work area or condition that may be hazardous to
the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road, street, or
highway during the Contractor's performance of work that is otherwise provided for in the
contract, plans, and specifications, the Contractor shall keep such road, street, or highway
open to all traffic and shall provide such maintenance as may be required to accommodate
111-15
traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen,
and other traffic control devices in reasonable conformity with the manual of Uniform Traffic
Control Devices for Streets and Highways (published by the United States Government Printing
Office), unless otherwise specified herein. The Contractor shall also construct and maintain
in a safe condition any temporary connections necessary for ingress to and egress from
abutting property or intersecting roads, streets or highways. Unless otherwise specified herein,
the Contractor will not be required to furnish snow removal for such existing road, street, or
highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified
in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be
measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within
the established lines, grades, or grading sections shall be removed by the Contractor, unless
such existing structures are otherwise specified to be relocated, adjusted up or down,
salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing
such existing structures shall not be measured or paid for directly, but shall be included in the
various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work for
which the disposition is not indicated on the plans, the Engineer shall be notified prior to
disturbing such structure. The disposition of existing structures so encountered shall be
immediately determined by the Engineer in accordance with the provisions of the contract.
Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN
THE WORK of this section, it is intended that all existing materials or structures that may be
encountered (within the lines, grades, or grading sections established for completion of the
work) shall be utilized in the work as otherwise provided for in the contract and shall remain the
property of the owner when so utilized in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or
concrete slabs within the established lines, grades, or grading sections, the use of which is
intended by the terms of the contract to be either embankment or waste, he may at his/her
option either:
A. Use such material in another contract item, providing such use is approved by the
Engineer and is in conformance with the contract specifications applicable to
such use; or,
B. Remove such material from the site, upon written approval of the Engineer; or
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C. Use such material for his/her own temporary construction on site; or,
D. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option A, B., or C., he shall request the Engineer's
approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option A., B., or C., the
Contractor shall be paid for the excavation or removal of such material at the applicable
contract price. The Contractor shall replace, at his/her own expense, such removed or
excavated material with an agreed equal volume of material that is acceptable for use in
constructing embankment, backfills, or otherwise to the extent that such replacement material
is needed to complete the contract work. The Contractor shall not be charged for his/her use
of such material so used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option A, the Contractor shall be
paid, at the applicable contract price, for furnishing and installing such material in accordance
with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by reason of
his/her exercise of option A, B., or C.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part
of a structure which is located outside the lines, grades, or grading sections established for the
work, except where such excavation or removal is provided for in the contract, plans, or
specifications.
40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final
payment will be made, the Contractor shall remove from the site all machinery, equipment,
surplus and discarded materials, rubbish, temporary structures, and stumps or portions of
trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a
neat and presentable condition. Material cleared from the site and deposited on adjacent
property will not be considered as having been disposed of satisfactorily, unless the Contractor
has obtained the written permission of such property owner.
END OF SECTION 40
111-17
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 fu rnished, work performed, and
as to the manner of performance and rate of progress of the work. He shall decide all
questions which may arise as to the interpretation of the specifications or plans relating to the
work, the fulfillment of the contract on the part of the Contractor, and the rights of different
Contractors on the project. The Engineer shall determine the amount and quality of the several
kinds of work performed and materials furnished which are to be paid for the under contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials
furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross
sections, dimensions, material requirements, and testing requirements that are specified
(including specified tolerances) in the contract, plans or specifications.
If the Engineer finds the materials furnished, work performed, or the finished product not within
reasonably close conformity with the plans and specifications but that the portion of the work
affected will, in his/her opinion, result in a finished product having a level of safety, economy,
durability, and workmanship acceptable to the owner, he will advise the owner of his/her
determination that the affected work be accepted and remain in place. In this event, the
Engineer will document his/her determination and recommend to the owner a basis of
acceptance which will provide for an adjustment in the contract price for the affected portion
of the work. The Engineer's determination and recommended contract price adjustments will
be based on good engineering judgment and such tests or retests of the affected work as are,
in his/her opinion, needed. Changes in the contract price shall be covered by contract
modifications (change order or supplemental agreement) as applicable.
If the Engineer finds the materials furnished, work performed, or the finished product are not
in reasonably close conformity with the plans and specifications and have resulted in an
unacceptable finished product, the affected work or materials shall be removed and replaced
or otherwise corrected by and at the expense of the Contractor in accordance with the
Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance with
the contract, plans, and specifications. The term shall not be construed as waiving the
Engineer's right to insist on strict compliance with the requirements of the contract, plans, and
specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion,
such compliance is essential to provide an acceptable finished portion of the work.
For the purpose of this subsection, the term" reasonably close conformity" is also intended to
provide the Engineer with the authority to use good engineering judgment in his/her
determinations as to acceptance of work that is not in strict conformity but will provide a
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finished product equal to or better than that intended by the requirements of the contract, plans
and specifications.
For AlP contracts, the Engineer should advise the Sponsor if he accepts work that is not in
"reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in turn
advise the FAA. Change orders or supplemental agreements must bear the written approval
of the FAA.
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
ortesting, and cited FAA advisory circulars; contract general provisions shall govern over plans,
cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern
over cited standards for materials or testing and cited FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or omission on the plans or
specifications. In the event the Contractor discovers any apparent error or discrepancy, he
shall immediately call upon the Engineer for his/her interpretation and decision, and such
decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies
each of the plans and specifications. He shall have available on the work at all times one copy
each of the plans and specifications. Additional copies of plans and specifications may be
obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and
he shall cooperate with the Engineer and his/her inspectors and with other contractors in every
way possible. The Engineer shall allocate he work and designate the sequence of construction
in case of controversy between contractors. The Contractor shall have a competent
superintendent on the work at all times who is fully authorized as his/her agent on the work.
The superintendent shall be capable of reading and thoroughly understanding the plans and
specifications and shall receive and fulfill instructions from the Engineer or his/her authorized
representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to
contract for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of anyone project, each Contractor shall
conduct his/her work so as not to interfere with or hinder the progress of completion of the
work being performed by other Contractors. Contractors working on the same project shall
cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with
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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.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal
and vertical control only. The Contractor must establish all layout required forthe construction
of the work. Such stakes and markings as the Engineer may set for either his/her own or the
Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part
of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings,
an amount equal to the cost of replacing the same may be deducted from subsequent
estimates due the Contractor at the discretion of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. 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 furnished with such information and assistance by the Contractor as is
required to make a complete and detailed inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall
remove or uncover such portions of the finished work as may be directed. After examination,
the Contractor shall restore said portions of the work to the standard required by the
specifications. Should the work thus exposed or examined prove acceptable, the uncovering,
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or removing, and the replacing of the covering or making good of the parts removed will be paid
for as extra work; but should the work so exposed or examined prove unacceptable, the
uncovering, or removing, and the replacing of the covering or making good of the parts
removed will be at the Contractor's expense.
Any work done or materials used without supervision or inspection by an authorized
representative of the owner may be ordered removed and replaced at the Contractor's
expense unless the owner's representative failed to inspect after having been given reasonable
notice in writing that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to existing
facilities, not the property of the (contract) owner, authorized representatives of the owners of
such facilities shall have the right to inspect such work. Such inspection shall in no sense make
any facility owner a party to the contract, and shall in no way interfere with the rights of the
parties to this contract.
50-1 0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does
not form to the requirements of the contract, plans, and specifications will be considered
unacceptable, unless otherwise determined acceptable by the Engineer as provided in the
subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final acceptance
of the work, shall be removed immediately and replaced in an acceptable manner in
accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY
FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done beyond the lines shown on
the plans or as given, except as herein specified, or any extra work done without authority, will
be considered as unauthorized and will not be paid for under the provisions of the contract.
Work so done may be ordered removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer
made under the provisions of this subsection, the Engineer will have authority to cause
unacceptable work to be remedied or removed and replaced and unauthorized work to be
removed and to deduct the costs (incurred by the owner) from any monies due or to become
due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in
the hauling of materials on public roads beyond the limits of the work. A special permit will not
relieve the Contractor of liability for damage which may result from the moving of material or
equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or
to any other type of construction will not be permitted. Hauling of materials over the base
course or surface course under construction shall be limited as directed. No loads will be
111-21
permitted on a concrete pavement, base, or structure before the expiration of the curing period.
The Contractor shall be responsible for all damage done by his/her hauling equipment and shall
correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work
during construction and until the work is accepted. This maintenance shall constitute continuous
and effective work prosecuted day by day, with adequate equipment and forces so that the
work is maintained in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously
constructed, the Contractor shall maintain the previous course or subgrade during all
construction operations.
All costs of maintenance work during construction and before the project is accepted shall be
included in the unit prices bid on the various contract items, and the Contractor will not be paid
an additional amount for such work.
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
111-22
Contractor shall immediately comply with and execute such instructions. Upon correction of the
work, another inspection will be made which shall constitute the final inspection, provided the
work has been satisfactorily completed. In such event, the Engineer will make the final
acceptance and notify the Contractor in writing of this acceptance as of the date of final
inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor
deems that additional compensation is due him for work or materials not clearly provided for
in the contract, plans, or specifications or previously authorized as extra work, he shall notify
the Engineer in writing of his/her intention to claim such additional compensation before he
begins the work on which he bases the claim. If such notification is not given or the Engineer
is not afforded proper opportunity by the Contractor for keeping strict account of actual cost
as required, then the Contractor hereby agrees to waive any claim for such additional
compensation. Such notice by the Contractor and the fact that the Engineer has kept account
of the cost of the work shall not in any way be construed as proving or substantiating the
validity of the claim. When the work on which the claim for additional compensation is based
has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim
to the Engineer who will present it to the owner for consideration in accordance with local laws
or ordinances.
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.
50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all
materials furnished under this Contract shall be new unless specified and free of defects and
in conformance with Contract requirements. Any work not so conforming to these standards
may be considered defective.
If, within one year after the date of final acceptance of the work, or within such longer period
of time as may be prescribed by law or by the terms of any applicable special guarantee
required by the Contract, any of the work is found to be defective or not in accordance with
Contract requirements, the Contractor shall correct it promptly after receipt of written notice
from the Owner to do so.
The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall
be in addition to and not in limitation of any obligations imposed upon him by special guarantees
required by the Contract or otherwise prescribed by law.
50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the
Engineer, the following requirements must be satisfied by the Contractor before final payment
can be made:
a. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the
Engineer a minimum of once a week for four consecutive weeks.
b. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT
111-23
OF CLAIMS AND DEBTS on the form furnished by the Engineer.
c. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO
FINAL PAYMENT on the form furnished by the Engineer.
d. The Contractor must furnish a letter on his letterhead acknowledging that acceptance
of final payment by the Contractor constitutes a waiver of all claims, present or future,
in connection with this project.
e. The Contractor must furnish a written guarantee on his letterhead covering all defects
in material and workmanship for a period of one year commencing on the date of final
acceptance.
f. If any purchase items have been incorporated in the work, the Contractor must furnish
a letter on his letterhead assigning those warranties to the OWNER. Copies of said
warranties shall be bound in one binder and submitted along with the letter assignment.
g. In addition to the above, the Contractor shall provide all documents required in Special
Provision No.1, Section 22.
50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of
the ground or should concealed or unknown conditions in an existing structure vary to an
unreasonable extent from the conditions indicated by the drawings and Specifications, the
Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon
claim of either party made within thirty (30) days after the first observation of the conditions if
shown on the drawings or attached to these Specifications, are presented only as information
that is available indicating certain conditions found and limited to the exact locations and dates
shown. Neither the Owner nor the Engineer shall be responsible for making the determination
of water table variations prior to bidding and shall not assume that any water levels shown by
the aforesaid core boring data will necessarily be maintained at the level indicated.
50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a
separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at
the site in good order and annotated currently to show all changes made during the
construction process. These shall be available to the Engineer for review of record information
thereon each month priorto approval of monthly application for payment, and shall be delivered
to him for the Owner upon completion of the Project.
Record information shall include but not be limited to record dimensions, finished pavement
grades, finished elevation of structures, record inverts, etc.
The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of
all maintenance manuals, parts lists, and operating instructions covering materials, equipment
and installations having moving parts. It is mandatory that all of the aforesaid be delivered at
the same time and with the materials, equipment, and installations, so that proper installation
and operation can be promptly made.
111-24
50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be
considered complete when all work has been completed and has been accepted by the Owner.
The Contractor will then be released from further obligation except as set forth in his bond.
END OF SECTION 50
111-25
SECTION 60
CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the
work shall conform to the requirements of the contract, plans, and specifications. Unless
otherwise specified, such materials that are manufactured or processed shall be new (as
compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish
complete statements to the Engineer as to the origin, composition, and manufacture of all
materials to be used in the work. Such statements shall be furnished promptly after execution
of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before delivery
is stated. If it is found after trial that sources of supply for previously approved materials do
not produce specified products, the Contractor shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of
cited materials specifications. In addition, where an FAA specification for airport lighting
equipment is cited in the plans or specifications, the Contractor shall furnish such equipment
that is:
A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment,
that is in effect on the date of advertisement; and,
B. Produced by the manufacturer qualified (by FAA) to produce such specified and
listed equipment.
The following airport lighting equipment is required for this contract and is to be furnished by
the Contractor in accordance with the requirements of this subsection:
EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR
EQUIPMENT AND MANUFACTURER
60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work
shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any
work in which untested materials are used without approval or written permission of the
Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and
unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the
Contractor's expense. Unless otherwise designated, tests in accordance with the cited
standard methods of AASHTO or ASTM which are current on the date of advertisement for
bids will be made by and at the expense of the owner. Samples will be taken by a qualified
111-26
representative of the owner. All materials being used are subject to inspection, test, or
rejection at any time prior to or during incorporation into the work. Copies of all tests will be
furnished to the Contractor's representative at his/her request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by manufacturer's
certificates of compliance stating that such materials or assemblies fully comply with the
requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of
such materials or assemblies delivered to the work must be accompanied by a certificate of
compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled and
tested at any time and if found not to be in conformity with contract requirements will be subject
to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the Engineer.
When a material or assembly is specified by" brand name or equal" and the Contractor elects
to furnish the specified "brand name," the Contractor shall be required to furnish the
manufacturer's certificate of compliance for each lot of such material or assembly delivered to
the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify
as to:
A. Conformance to the specified performance, testing, quality or dimensional
requirements; and,
B. Suitability of the material or assembly for the use intended in the contract work.
Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish
the manufacturer's certificates of compliance as hereinbefore described for the specified brand
name material or assembly. However, the Engineer shall be the sole judge as to whether the
proposed" or equal" is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies on the
basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect,
at its source, any specified material or assembly to be used in the work. Manufacturing plants
may be inspected from time to time for the purpose of determining compliance with specified
manufacturing methods or materials to be used in the work and to obtain samples required for
his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
A. The Engineer shall have the cooperation and assistance of the Contractor and
the producer with whom he has contracted for materials.
111-27
B. The Engineer shall have full entry at all reasonable times to such parts of the
plant that concem the manufacture or production of the materials being furnished.
C. If required by the Engineer, the Contractor shall arrange for adequate office or
working space that may be reasonably needed for conducting plant inspections.
Office or working space should be conveniently located with respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material which has
been tested and approved at the source of supply after it has been delivered to the site. The
Engineer shall have the right to reject only material which, when retested, does not meet the
requirements of the contract, plans, or specifications.
60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the
Engineerfor review, all Contractor's, subcontractor's and manufacturer's drawings, which shall
be deemed to include shop material lists and performance data, which may be required by the
Specifications, requested by the Engineer or otherwise necessary for the proper execution of
the work. At the time of each submission, the Contractor shall in writing call the Engineer's
attention to any deviations that the shop drawings may have from the requirements of the
Contract documents.
Where called for, the Contractor shall furnish two samples of each material, texture, color, etc.,
clearly labeled as to name and quality of material, manufacturer and application on the job.
No work requiring a shop drawing or sample submission shall be started until the submission
has been reviewed by the Engineer.
The Engineer's review of shop drawings or samples will not relieve the Contractor from his
responsibility for any deviations from the requirements of the Contract documents unless the
Contractor has in writing called for the Engineer's attention to such deviations at the time of
submission and the Engineer has given written comments on the specific deviation, nor will it
relieve the Contractor from errors or omissions in the shop drawings.
60-06 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.
60-07 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
111-28
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.
60-08 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.
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. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos-
based fiber materials is prohibited in any buildings, construction of which is commenced after
September 30, 1983, which is financed with public funds or is constructed for the express
purpose of being leased to any governmental entity.
60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required
to complete the work, except those specified herein (if any) to be furnished by the owner.
Owner-furnished materials shall be made available to the Contractor at the location specified
herein.
All costs of handling, transportation from the specified location to the site of work, storage, and
installing owner-furnished materials shall be included in the unit price bid for the contract item
in which such owner-furnished material is used.
After any owner-furnished material has been delivered to the location specified, the Contractor
shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur
during the Contractor's handling, storage, or use of such owner-furnished material. The owner
will deduct from any monies due or to become due the Contractor any cost incurred by the
owner in making good such loss due to the Contractor's handling, storage, or use of
owner-furnished materials.
END OF SECTION 60
111-29
SECTION 70
lEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70-01 lAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and
state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or
tribunals having any jurisdiction or authority, which in any manner affect those engaged or
employed on the work, or which in any way affect the conduct of the work. He shall at all times
observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall
protect and indemnify the owner and all his/her officers, agents, or servants against any claim
or liability arising from or based on the violation of any such law, ordinance, regulation, order,
or decree, whether by himself or his/her employees.
70-02 PERMITS. LICENSES. AND TAXES. The Contractor shall procure all permits and
licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the
due and lawful prosecution of the work.
70-03 PATENTED DEVICES. MATERIALS. AND PROCESSES. If the Contractor is required
or desires to use any design, device, material, or process covered by letters of patent or
copyright, he shall provide for such use by suitable legal agreement with the patentee or owner.
The Contractor and the surety shall indemnify and save harmless the owner, any third party,
or political subdivision from any and all claims for infringement by reason of the use of any such
patented design, device, material or process, or any trademark or copyright, and shall
indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by
reason of an infringement, at any time during the prosecution or after the completion of the
work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the
right to authorize the construction, reconstruction, or maintenance of any public or private utility
service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility
service of another government agency at any time during the progress of the work. To the
extent that such construction, reconstruction, or maintenance has been coordinated with the
owner, such authorized work (by others) is indicated as follows:
Owner (Utility or Other Facility)
Location (See Plan Sheet No.)
Person to Contact (Name, Title, Address and Phone)
Except as listed above, the Contractor shall not permit any individual, firm, or corporation to
excavate or otherwise disturb such utility services or facilities located within the limits of the
work without the written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service
of another government agency be authorized to construct, reconstruct, or maintain such utility
service or facility during the progress of the work, the Contractor shall cooperate with such
111-30
owners by arranging and performing the work in this contract so as to facilitate such
construction, reconstruction or maintenance by others whether or not such work by others is
listed above. When ordered as extra work by the Engineer, the Contractor shall make all
necessary repairs to the work which are due to such authorized work by others, unless
otherwise provided for in the contract, plans, or specifications. It is understood and agreed
that the Contractor shall not be entitled to make any claim for damages due to such authorized
work by others or for any delay to the work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For 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.
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70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall
furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary
to protect the public and the work. When used during periods of darkness, such barricades,
warning signs, and hazard markings shall be suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades,
warning signs, lights and other traffic control devices in reasonable conformity with the Manual
of Uniform Traffic Control Devices for Streets and Highways (published by the United States
Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such area,
the Contractor shall furnish, erect, and maintain temporary markings and associated lighting
conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open
trenches, excavations, temporary stock piles, and his/her parked construction equipment that
may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the
airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During
Construction Activity.
The Contractor shall identify each motorized vehicle or piece of construction equipment in
reasonable conformance to AC 150/5370-2.
The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards
prior to commencing work which requires such erection and shall maintain the barricades,
warning signs, and markings for hazards until their dismantling is directed by the Engineer.
Open-flame type lights shall not be permitted within the air operations areas of the airport.
70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the
Contractor may require shall be constructed and maintained at the Contractor's expense.
The Contractor shall not use runways, taxiways or other paved areas on the air operations
portions of the airport for access to and from the job site unless authorized by the Owner. No
equipment or vehicles will be allowed on the air operations portions of the airport except as
authorized by the Owner.
Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or
equipment shall be required by the Contractor at no cost to the Owner.
From time to time when required, the Contractor shall move Contractor's vehicles or equipment
and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the
pavement.
70-10 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,
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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.
70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private property, and shall
protect carefully from disturbance or damage all land monuments and property markers until
the Engineer has witnessed or otherwise referenced their location and shall not move them until
directed.
The Contractor shall be responsible for all damage or injury to property of any character, during
the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her
manner or method of executing the work, or at any time due to defective work or materials, and
said responsibility will not be released until the project shall have been completed and
accepted.
When or where any direct or indirect damage or injury is done to public or private property by
or on account of any act, omission, neglect, or misconduct in the execution of the work, or in
consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.
70-12 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
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or, in case no money is due, his/her surety may be held until such suit or suits, action or
actions, claim or claims for injuries or damages as aforesaid shall have been settled and
suitable evidence to that effect furnished to the owner, except that money due the Contractor
will not be withheld when the Contractor produces satisfactory evidence that he is adequately
protected by public liability and property damage insurance.
70-13 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.
70-14 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
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.
70-15 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
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execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore,
and make good all injuries or damages to any portion of the work occasioned by any of the
above causes before final acceptance and shall bear the expense thereof except damage to
the work due to unforeseeable causes beyond the control of and without the fault or negligence
of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave,
tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or
of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for the
work and shall take such precautions necessary to prevent damage to the work. The
Contractor shall provide for normal drainage and shall erect necessary temporary structures,
signs, or other facilities at his/her expense. During such period of suspension of work, the
Contractor shall properly and continuously maintain in an acceptable growing condition all living
material in newly established planting, seedings, and soddings furnished under his/her contract,
and shall take adequate precautions to protect new tree growth and other important vegetative
growth against injury.
70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED
BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or
private utility service, FAA or NOAA, or a utility service of another government agency that may
be authorized by the owner to construct, reconstruct or maintain such utility services or facilities
during the progress of the work. In addition, the Contractor shall control his/her operations to
prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the contract
work, the approximate locations have been indicated on the plans and the owners are indicated
as follows:
Utility Service or Facility
Person to Contact (Name, Title, Address, & Phone)
Owner's Emergency Contact (Phone)
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
structures that may be shown on the plans or encountered in the work. Any inaccuracy or
omission in such information shall not relieve the Contractor of his/her responsibility to protect
such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract,
notify the owners of all utility services or other facilities of his/her plan of operations. Such
notification shall be in writing addressed to THE PERSON TO CONTACT as provided
hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES
DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the
Engineer.
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I n 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 cm) of such outside limits at such points as may be required to ensure
protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer and
shall take all reasonable measures to prevent further damage or interruption of service. The
Contractor, in such events, shall cooperate with the utility service or facility owner and the
Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service
or facility due to his/her operations whether or not due to negligence or accident. The contract
owner reserves the right to deduct such costs from any monies due or which may become due
the Contractor, or his/her surety.
70-17 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.
70-18 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.
70-19 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
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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.
70-20 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.
In the event of conflict between Federal, State or local laws, codes, ordinances, rules and
regulations concerning pollution control, the most restrictive applicable ones shall apply. The
Contractor shall pay special attention to the pollution control requirements of the several
specifications. Work items which may cause excessive pollution and shall be closely controlled
by the Contractor are:
(a) Clearing, grubbing, burning or other disposal.
(b) Stripping, excavation, and embankment.
(c) Drainage and ditching.
(d) Aggregate production, handling and placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous materials handling, production, and paving.
(g) Seeding, fertilizing, mulching and use of herbicides or insecticides.
(h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply;
equipment fueling, servicing an cleaning; job clean up and disposal.
When the Contractor submits his tentative progress schedule in accordance with
PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the
Engineer, his schedules for accomplishment of temporary and permanent erosion control work,
as are applicable for clearing, grading, structures at watercourses, construction, and paving,
and his proposed method of erosion control schedules and methods of operations have been
accepted by the Engineer.
All bituminous and Portland cement concrete proportioning plants shall meet state
requirements.
The following listed stipulations shall apply to this Contract unless more restrictive ones are
specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control
shall be incidental to the appropriate work items unless otherwise specified.
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(1) Control of Water Pollution and Siltation.
a. All work of water pollution and siltation control is subject to inspection by the
local and/or state government enforcing agent.
b. All applicable regulations of Fish and Wildlife agencies and statutes relating to
the prevention and abatement of pollution shall be complied with in the
performance of the Contract.
c. Construction operations shall be conducted in such manner as to reduce erosion
to the practicable minimum and to prevent damaging siltation of watercourses,
streams, lakes or reservoirs. The surface area or erodible land, either on or off
the airport site, exposed to the elements by clearing, grubbing or grading
operations, including gravel pits, waste or disposal areas and haul roads, at any
one time, for this Contract, shall be subject to approval of the Engineer and the
duration of such exposure prior to final trimming and finishing of the areas shall
have full authority to order the suspension of grading and other operations
pending adequate and proper performance of trimming, finishing and
maintenance work or to restrict the area of erodible land exposed to the
elements.
d. Materials used for permanent erosion control measures shall meet the
requirements of the applicable Specifications. Gravel or stone, consisting of
durable particles of rock and containing only negligible quantities of fines, shall
be used for construction pads, haul roads and temporary roads in or across
streams.
e. Where called for on the Plans, a stilling basin shall be constructed to prevent
siltation in the steam from construction operations.
f. The disturbance of lands and waters that are outside the limits of construction
as staked is prohibited, except as found necessary and approved by the
Engineer.
g. The Contractor shall conduct his work in such manner as to prevent the entry of
fuels, oils, bituminous materials, chemicals, sewage or other harmful materials
into streams, rivers, lakes or reservoirs.
h. Water from aggregate washing or other operations containing sediment shall be
treated by filtration, by use of a settling basin or other means to reduce the
sediment content to a level acceptable to the local and/or state governmental
enforcing agent.
i. All waterways shall be cleared as soon as practicable of falsework, piling, debris
or other obstructions placed during construction operations and not a part of the
finished work. Care shall be taken during construction and removal of such
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barriers to minimize the muddying of a stream.
j. The Contractor shall care for the temporary erosion and siltation control
measures during the period that the temporary measures are required and for
the permanent erosion control measures until the Contract has been completed
and accepted. Such care shall consist of the repair of areas damaged by
erosion, wind, fire or other causes.
k. Permanent and temporary erosion control work that is damaged due to the
Contractor's operations or where the work required is attributed to the
Contractor's negligence, carelessness or failure to install permanent controls at
the proper time, shall be repaired at the Contractor's expense.
(2) Open Burning of Combustible Wastes.
a. The Contractor shall obtain a burning permit from local authorities, where
applicable, prior to any burning.
b. All burning shall conform to the conditions of the permit, except that the
conditions herein shall apply if they are more restrictive.
c. No tires, oils (except atomize fuels applied by approved equipment), asphalt,
paint, or coated metals shall be permitted in combustible waste piles.
d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor
within 100 feet of any standing timber or flammable growth unless otherwise
specified.
e. Burning shall not be permitted unless the prevailing wind is away from a nearby
town or built-up area.
f. Burning shall not be permitted during a local air inversion or other climatic
condition as would result in a pall of smoke over a nearby town or built-up area.
g. Burning shall not be permitted when the danger of brush of forest fires is made
known by Federal, State, or local officials.
h. The size and number of fires shall be restricted to avoid the danger or brush or
forest fires. Burning shall be done under surveillance of a watchman who shall
have fire-fighting equipment and tools readily available.
(3) Control of Other air Pollutants.
a. Minimum possible areas of open grading, borrow or aggregate excavation shall
be exposed at one time, consistent with the progress of the Work.
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b. Grading areas shall be kept at proper moisture conditions.
c. Sand or dust blows shall be temporarily mulches, with or without seeding, or
otherwise controlled with stabilizing agents.
d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust
palliative, penetration asphalt, wood chips, or other approved measures to
prevent dust pollution.
e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper
containers or with proper coverings to prevent accidental discharge into the air.
f. Aggregates bins, cement bins, and dry material batch trucks shall be properly
covered to prevent loss of material to the air.
g. Drilling, grinding and sand blasting apparatus shall be equipped with water,
chemical, or vacuum dust controlling systems.
h. Applications of chemicals and bitumens shall be held to recommended rates.
I. Bituminous mixing plants shall be equipped with dust collectors as noted in the
Specifications.
j. Quarrying, batching, and mixing operations and the transfer of material between
trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion.
k. When necessary, certain operations shall be delayed until proper wind or climatic
conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the
Engineer.
70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this
subsection, the Contractor is advised that the site of the work is not within any property,
district, or site, and does not contain any building, structure, or object listed in the current
National Register of Historic Places published by the United States Department of Interior.
Should the Contractor encounter, during his/her operations, any building, part of a building,
structure, or object which is incongruous with its surroundings, he shall immediately cease
operations in that location and notify the Engineer. The Engineer will immediately investigate
the Contractor's finding and will direct the Contractor to either resume his/her operations or to
suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an
archaeological or historical finding, or order the Contractor to perform extra work, such shall
be covered by an appropriate contract modification (change order or supplemental agreement)
as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled
PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If
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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.
70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has
obtained and provided insurance of the character specified in the special provisions which will
provide adequate protection to the Owner and the Contractor against all liabilities, damages
and accidents, nor shall he commence work until such insurance has been approved by the
Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a
Contractor shall release the Contractor of full responsibility for liability, damages and accidents
as set forth herein. The Contractor shall maintain such required insurance in force during the
life of this Contract, and no modification or change in insurance coverage and provisions shall
be made without thirty (30) days written advance notice to the Owner.
The Contractor shall furnish certificates of insurance to the Owner prior to commencing any
operations under this Contract, which certificates shall clearly indicate that the Contractor has
obtained insurance, in this type, amount and classification, in strict compliance with this
subsection.
70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and
shall be made a condition of all Sub-contractors entered into pu rsuant to this Contract, that the
Contractor and any Sub-Contractor will submit to the Owner weekly, one copy of the Summary
of Wage Rates.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the
work. The Contractor shall at all times when work is in progress be represented either in
person, by a qualified superintendent, or by other designated, qualified representative who is
duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be concurred in
by the 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 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to
the issuance of the "Notice to Proceed", a conference will be held to discuss the "Notice to
Proceed" date, to establish procedures for handling shop drawings and other submissions and
for processing applications for payment, and to establish a working understanding between the
parties as to the project.
80-03 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.
80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall
submit his/her progress schedule for the Engineer's approval within 10 days after the effective
date of the notice to proceed. The Contractor's progress schedule, when approved by the
Engineer, may be used to establish major construction operations and to check on the progress
of the work. The Contractor shall provide sufficient materials, equipment, and labor to
guarantee the completion of the project in accordance with the plans and specifications within
the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the
Engineer's request, submit a revised schedule for completion of the work within the contract
time and modify his/her operations to provide such additional materials, equipment, and labor
necessary to meet the revised schedule. Should the prosecution of the work be discontinued
for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of
resuming operations.
For AI P contracts, the Contractor shall not commence any actual construction prior to the date
on which the notice to proceed is issued by the owner.
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80-05 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 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 AI R OPERATIONS AREA until the satisfactory conditions
are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating
aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed
to aircraft operations intermittently as follows:
AOA
TIME PERIODS AOA CAN BE CLOSED
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA
CONTROL AUTHORITY
80-06 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
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equipment shall be used unless others are authorized by the Engineer. If the Contractor
desires to use a method or type of equipment other than specified in the contract, he may
request authority from the Engineer to do so. The request shall be in writing and shall include
a full description of the methods and equipment proposed and of the reasons for desiring to
make the change. If approval is given, it will be on the condition that the Contractor will be
fully responsible for producing work in conformity with contract requirements. If, after trial use
of the substituted methods or equipment, the Engineer determines that the work produced does
not meet contract requirements, the Contractor shall discontinue the use of the substitute
method or equipment and shall complete the remaining work with the specified methods and
equipment. The Contractor shall remove any deficient work and replace it with work of
specified quality, or take such other corrective action as the Engineer may direct. No change
will be made in basis of payment for the contract items involved nor in contract time as a result
of authorizing a change in methods or equipment under this subsection.
80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority
to suspend the work wholly, or in part, for such period or periods as he may deem necessary,
due to unsuitable weather, or such other conditions as are considered unfavorable for the
prosecution of the work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for
some unforeseen cause not otherwise provided for in the contract and over which the
Contractor has no control, the Contractor may be reimbursed for actual money expended on
the work during the period of shutdown. No allowance will be made for anticipated profits. The
period of shutdown shall be computed from the effective date of the Engineer's order to
suspend work to the effective date of the Engineer's order to resume the work. Claims for
such compensation shall be filed with the Engineer within the time period stated in the
Engineer's order to resume work. The Contractor shall submit with his/her claim information
substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim
to the owner for consideration in accordance with local laws or ordinances. No provision of this
article shall be construed as entitling the Contractor to compensation for delays due to
inclement weather, for suspensions made at the request of the Contractor, or for any other
delay provided for in the contract, plans, or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor shall
store all materials in such manner that they will not become an obstruction nor become
damaged in any way. He shall take every precaution to prevent damage or deterioration of the
work performed and provide for normal drainage of the work. The Contractor shall erect
temporary structures where necessary to provide for traffic on, to, or from the airport.
80-08 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:
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A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the
Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement
of the number of working days charged against the contract time during the week and
the number of working days currently specified for completion of the contract (the
original contract time plus the number of working days, if any, that have been included
in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA
WORK).
The Engineer shall base his/her weekly statement of contract time charged on the
following considerations:
1) No time shall be charged for days on which the Contractor is unable to
proceed with the principal item of work under construction at the time for
at least 6 hours with the normal work force employed on such principal
item. Should the normal work force be on a double-shift, 12 hours shall
be used. Should the normal work force be on a triple-shift, 18 hours shall
apply. Conditions beyond the Contractor's control such as strikes,
lockouts, unusual delays in transportation, temporary suspension of the
principal item of work under construction or temporary 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
QUANTITI ES of Section 20. Should the satisfactory completion of the contract require
performance of work in greater quantities than those estimated in the proposal, the
contract time shall be increased in the same proportion as the cost of the actually
completed quantities bears to the cost of the originally estimated quantities in the
proposal. Such increase in contract time shall not consider either the cost of work or
the extension of contract time that has been covered by change order or supplemental
agreement and shall be made at the time of final payment.
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B. CONTRACT TI ME based on CALEN OAR DAYS shall consist of the number of calendar
days stated in the contract counting from the effective date of the notice to proceed and
including all Saturdays, Sundays, holidays, and nonwork days. All calendar days
elapsing between the effective dates of the Engineer's orders to suspend and resume
all work, due to causes not the fault of the Contractor, shall be excluded.
At the time of final payment, the contract time shall be increased in the same proportion
as the cost of the actually completed quantities bears to the cost of the originally
estimated quantities in the proposal. Such increase in the contract time shall not
consider either cost of work or the extension of contract time that has been covered by
a change order or supplemental agreement. Charges against the contract time will
cease as of the date of final acceptance.
C. When the contract time is a specified completion date, it shall be the date on which all
contract work shall be substantially completed.
If the Contractor finds it impossible for reasons beyond his/her control to complete the
work within the contract time as specified, or as extended in accordance with the
provisions of this subsection, he may, at any time prior to the expiration of the contract
time as extended, make a written request to the Engineer for an extension of time
setting forth the reasons which he believes will justify the granting of his/her request.
The Contractor's plea that insufficient time was specified is not a valid reason for
extension of time. If the Engineer finds that the work was delayed because of
conditions beyond the control and without the fault of the Contractor, he may extend the
time for completion in 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.
80-09 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.
80-1 0 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:
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A. Fails to begin the work underthe contract within the time specified in the" Notice
to Proceed," or
B. Fails to perform the work or fails to provide sufficient workers, equipment or
materials to assure completion of work in accordance with the terms of the
contract, or
C. Performs the work unsuitably or neglects or refuses to remove materials or to
perform anew such work as may be rejected as unacceptable and unsuitable, or
D. Discontinues the prosecution of the work, or
E. Fails to resume work which has been discontinued within a reasonable time after
notice to do so, or
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.
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80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the
contract or portion thereof by written notice when the Contractor is prevented from proceeding
with the construction contract as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of work
in the contract, payment will be made for the actual number of units or items of work completed
at the contract price or as mutually agreed for items of work partially completed or not started.
No claims or loss of anticipated profits shall be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not
otherwise included in the contract) and moving equipment and materials to and from the job will
be considered, the intent being that an equitable settlement will be made with the Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not
incorporated in the work shall, at the option of the Contractor, be purchased from the
Contractor at actual cost as shown by receipted bills and actual cost records at such points
of delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her
responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and
concerning any just claim arising out of the work performed.
END OF SECTION 80
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SECTION 90
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be
measured by the Engineer, or his/her authorized representatives, using United States
Customary Units of Measurement or the International System of Units.
The method of measurement and computations to be used in determination of quantities of
material furnished and of work performed under the contract will be those methods generally
recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made
horizontally, and no deductions will be made for individual fixtu res (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.
I n 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 byvolume in the hauling vehicle shall be hauled in approved vehicles
and measured therein at the point of delivery. Vehicles for this purpose may be of any size or
type acceptable to the Engineer, provided that the body is of such shape that the actual
contents may be readily and accurately determined. All vehicles shall be loaded to at least
their water level capacity, and all loads shall be leveled when the vehicles arrive at the point
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of delivery.
When requested by the Contractor and approved by the Engineer in writing, material specified
to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be
converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from
weight measurementtovolume 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.
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Scales shall be accurate within one-half percent of the correct weight throughout the range of
use. The Contractor shall have the scales checked under the observation of the inspector
before beginning work and at such other times as requested. The intervals shall be uniform in
spacing throughout the graduated or marked length of the beam or dial and shall not exceed
one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound
(454 grams). The use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and
the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing
the weighing equipment or suitable weights and devices for other approved equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform scales
shall be installed and maintained with the platform level and rigid bulkheads at each end.
Scales" overweighing" (indicating more than correct weight) will not be permitted to operate,
and all materials received subsequent to the last previous correct weighting-accuracy test will
be reduced by the percentage of error in excess of one-half of 1 percent.
In the event inspection reveals the scales have been" underweighing" (indicating less than
correct weight), they shall be adjusted, and no additional payment to the Contractor will be
allowed for materials previously weighed and recorded.
All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for
furnishing check weights and scale house; and for all other items specified in this subsection,
for the weighing of materials for proportioning or payment, shall be included in the unit contract
prices for the various items of the project.
When the estimated quantities for a specific portion of the work are designated as the pay
quantities in the contract, they shall be the final quantities for which payment for such specific
portion of the work will be made, unless the dimensions of said portions of the work shown on
the plans are revised by the Engineer. If revised dimensions result in an increase or decrease
in the quantities of such work, the final quantities for payment will be revised in the amount
represented by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation
provided for in the contract as full payment for furnishing all materials, for performing all work
under the contract in a complete and acceptable manner, and for all risk, loss, damage, or
expense of whatever character arising out of the nature of the work or the prosecution thereof,
subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section
70.
When the" basis of payment" subsection of a technical specification requires that the contract
price (price bid) include compensation for certain work or material essential to the item, this
same work or material will not also be measured for payment under any other contract item
III-51
which may appear elsewhere in the contract, plans, or specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of
work vary from the quantities in the proposal, the Contractor shall accept as payment in full,
so far as contract items are concerned, payment at the original contract price for the accepted
quantities of work actually completed and accepted. No allowance, except as provided for in
the subsection titled ALTERATION OF WORK AND QUANTITI ES of Section 40 will be made
for any increased expense, loss of expected reimbursement, or loss of anticipated profits
suffered or claimed by the Contractor which results directly from such alterations or indirectly
from his/her unbalanced allocation of overhead and profit among the contract items, or from
any other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED
ITEMS of Section 40, the Engineer shall have the right to omit from the work (order
nonperformance) any contract item, except major contract items, in the best interest of the
owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such item
from the work, the Contractor shall accept payment in full at the contract prices for any work
actually completed and acceptable prior to the Engineer's order to omit or 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 performing the omitted contract item prior to the
date of the Engineer's order. Such additional costs incurred by the Contractor must be directly
related to the deleted contract item and shall be supported by certified statements by the
Contractor as to the nature the amount of such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in
accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the
contract prices or agreed prices specified in the change order or supplemental agreement
authorizing the extra work. When the change order or supplemental agreement authorizing the
extra work requires that it be done by force account, such force account shall be measured and
paid for based on expended labor, equipment, and materials plus a negotiated and agreed
upon allowance for overhead and profit.
A. Miscellaneous. No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no specific
allowance is herein provided.
B. Comparison of Record. The Contractor and the Engineer shall compare records
of the cost of force account work at the end of each day. Agreement shall be
III-52
indicated by signature of the Contractor and the Engineer ortheir duly authorized
representatives.
C. Statement. No payment will be made for work performed on a force account
basis until the Contractor has furnished the Engineer with duplicate itemized
statements of the cost of such force account work detailed as follows:
1) Name, classification, date, daily hours, total hours, rate and extension for
each laborer and foreman.
2) Designation, dates, daily hours, total hours, rental rate, and extension for
each unit of machinery and equipment.
3) Quantities of materials, prices, and extensions.
4) Transportation of materials.
5) Cost of property damage, liability and workman's compensation insurance
premiums, unemployment insurance contributions, and social security tax.
Statements shall be accompanied and supported by a receipted invoice for all materials used
and transportation charges. However, if materials used on the force account work are not
specifically purchased for such work but are taken from the Contractor's stock, then in lieu of
the invoices the Contractor shall furnish an affidavit certifying that such materials were taken
from his/her stock, that the quantity claimed was actually used, and that the price and
transportation claimed represent the actual cost to the Contractor.
90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the
work progresses. Said payments will be based upon estimates prepared by the Engineer of
the value of the work performed and materials complete in place in accordance with the
contract, plans, and specifications. Such partial payments may also include the delivered
actual cost of those materials stockpiled and stored in accordance with the subsection titled
PAYMENT FOR MATERIALS ON HAND of this section.
No partial payment will be made when the amount due the Contractor since the last estimate
amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent of
such total amount will be deducted and retained by the owner until the final payment is made,
except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF
WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all
previous payments, shall be certified for payment. Should the Contractor exercise his/her
option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section,
no such 10 percent retainage shall be deducted.
When not less than 95 percent of the work has been completed the Engineer may, at his/her
III-53
discretion and with the consent of the surety, prepare an estimate from which will be retained
an amount not less than twice the contract value or estimated cost, whichever is greater, of the
work remaining to be done. The remainder, less all previous payments and deductions, will
then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive
partial payment based on quantities of work in excess of those provided in the proposal or
covered by approved change orders or supplemental agreements, except when such excess
quantities have been determined by the Engineer to be a part of the final quantity for the item
of work in question.
No partial payment shall bind the owner to the acceptance of any materials or work in place
as to quality or quantity. All partial payments are subject to correction at the time of final
payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this
section.
90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent
of the delivered cost of materials to be incorporated in the work, provided that such materials
meet the requirements of the contract, plans, and specifications and are delivered to
acceptable sites on the airport property or at other sites in the vicinity that are acceptable to
the owner. Such delivered costs of stored or stockpiled materials may be included in the next
partial payment after the following conditions are met:
A. The material has been stored or stockpiled in a manner acceptable to the
Engineer at or on an approved site.
B. The Contractor has furnished the Engineer with acceptable evidence of the
quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
D. The Contractor has furnished the owner legal title (free of liens or encumbrances
of any kind) to the material so stored or stockpiled.
E. The Contractor has furnished the owner evidence that the material so stored or
stockpiled is insured against loss by damage to or disappearance of such
materials at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the owner's payment for such stored
or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for
furnishing and placing such materials in accordance with the requirements of the contract,
plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price
for such materials or the contract price for the contract item in which the material is intended
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to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled
materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request
that the owner accept (in lieu of the 10 percent retainage on partial payments described in the
subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow
under the following conditions.
A. The Contractor shall bear all expenses of establishing and maintaining an escrow
account and escrow agreement acceptable to the owner.
B. The Contractor shall deposit to and maintain in such escrow only those securities
or bank certificates of deposit as are acceptable to the owner and having a value
not less than the 10 percent retainage that would otherwise be withheld from
partial payment.
C. The Contractor shall enter into an escrow agreement satisfactory to the owner.
D. The Contractor shall obtain the written consent of the su rety to such agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted
in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section
50, the Engineer will prepare the final estimate of the items of work actually performed. The
Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her
objections to the final estimate which are based on disputes in measurements or computations
of the final quantities to be paid under the contract as amended by change order or
supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any)
in the measurement and computation of final quantities to be paid within 30 calendar days of
the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute
still exists, the Contractor may approve the Engineer's estimate under protest of the quantities
in dispute, and such disputed quantities shall be considered by the owner as a claim in
accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section
50.
After the Contractor has approved, or approved under protest, the Engineer's final estimate,
final payment will be processed based on the entire sum, or the undisputed sum in case of
approval under protest, determined to be due the Contractor less all previous payments and
all amounts to be deducted under the provisions of the contract. All prior partial estimates and
payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of the
subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the
III-55
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
III-56
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
III-57
requirements of this section and any other activities deemed necessary by the
Contractor to establish an effective level of quality control.
B. Quality Control Program. The Contractor shall describe the Quality Control
Program in a written document which shall be reviewed by the Engineer prior to
the start of any production, construction, or off-site fabrication. The written
Quality Control Program shall be submitted to the Engineer for review at least
seven (7) calendar days before the Preconstruction Conference.
The Quality Control Program shall be organized to address, as a minimum, the following items:
A. Quality control organization;
B. Project progress schedule;
C. Submittals schedule;
D. Inspection requirements;
E. Quality control testing plan;
F. Documentation of quality control activities; and
G. Requirements for corrective action when quality control and/or acceptance
criteria are not met.
The Contractor is encouraged to add any additional elements to the Quality Control Program
that he/she deems necessary to adequately control all production and/or construction
processes required by this contract.
100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program
shall be implemented by the establishment of a separate quality control organization. An
organizational chart shall be developed to show all quality control personnel and how these
personnel integrate with other 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 1 00-03a and 100-03b. The organizational chart shall indicate which
personnel are Contractor employees and which are provided by an outside organization.
III-58
The quality control organization shall consist of the following minimum personnel:
A. Program Administrator. The Program Administrator shall be a full-time employee
of the Contractor, or a consultant engaged by the Contractor. The Program
Administrator shall have a minimum of 5 years of experience in airport and/or
highway construction and shall have had prior quality control experience on a
project of comparable size and scope as the contract.
Additional qualifications for the Program Administrator shall include at least 1 of
the following requirements:
1) Professional engineer with 1 year of airport paving experience acceptable
to the Engineer.
2) Engineer-in-training with 2 years of airport paving experience acceptable
to the Engineer.
3) An individual with 3 years of highway and/or airport paving experience
acceptable to the Engineer, with a Bachelor of Science Degree in Civil
Engineering, Civil Engineering Technology or Construction.
4) Construction materials technician certified at Level III by the National
Institute for Certification in Engineering Technologies (NICET).
5) Highway materials technician certified at Level III by NICET.
6) Highway construction technician certified at Level III by NICET.
7) A NICET certified engineering technician in Civil Engineering Technology
with 5 years of highway and/or airport paving experience acceptable to
the Engineer.
The Program Administrator shall have full authority to institute any and all actions
necessary for the successful implementation of the Quality Control Program to
ensure compliance with the contract plans and technical specifications. The
Program Administrator shall report directly to a responsible officer of the
construction firm. The Program Administrator may supervise the Quality Control
Program on more than one project provided that person can be at the job site
within 2 hours after being notified of a problem.
B. Quality Control Technicians. A sufficient number of quality control technicians
necessary to adequately implement the Quality Control Program shall be
provided. These personnel shall be either engineers, engineering technicians, or
experienced craftsman with qualifications in the appropriate field equivalent to
NICET Level II or higher construction materials technician or highway
construction technician and shall have a minimum of 2 years of experience in their
III-59
area of expertise.
The quality control technicians shall report directly to the Program Administrator
and shall perform the following functions:
1) Inspection of all materials, construction, plant, and equipment for
conformance to the technical specifications, and as required by Section
100-06.
2) Performance of all quality control tests as required by the technical
specifications and Section 100-07.
Certification at an equivalent level, by a state or nationally recognized
organization will be acceptable in lieu of NICET certification.
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;
111-60
D. Specification paragraph requiring submittal; and
E. Scheduled date of submittal.
100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be
organized to provide inspections for all definable features of work, as detailed below. All
inspections shall be documented by the Contractor as specified by Section 100-07.
Inspections shall be performed daily to ensure continuing compliance with contract
requirements until completion of the particular feature of work. These shall include the following
minimum requirements:
A. During plant operation for material production, quality control test results and
periodic inspections shall be utilized to ensure the quality of aggregates and
other mix components, and to adjust and control mix proportioning to meet the
approved mix design and other requirements of the technical specifications. All
equipment utilized in proportioning and mixing shall be inspected to ensure its
proper operating condition. The Quality Control Program shall detail how these
and other quality control functions will be accomplished and utilized.
B. During field operations, quality control test results and periodic inspections shall
be utilized to ensure the quality of all materials and workmanship. All equipment
utilized in placing, finishing, and compacting shall be inspected to ensure its
proper operating condition and to ensure that all such operations are in
conformance to the technical specifications and are within the plan dimensions,
lines, grades, and tolerances specified. The Program shall document how these
and other quality control functions will be accomplished and utilized.
100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control
Program, the Contractor shall implement a quality control testing plan, as required by the
technical specifications. The testing plan shall include the minimum tests and test frequencies
required by each technical specification Item, as well as any additional quality control tests that
the Contractor deems necessary to adequately control production and/or construction
processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include
the following:
A. Specification item number (e.g., P-401);
8. 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);
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E. Test frequency (e.g., as required by technical specifications or minimum
frequency when requirements are not stated);
F. Responsibility (e.g., plant technician); and
G. Control requirements (e.g., target, permissible deviations).
The testing plan shall contain a statistically-based procedure of random sampling for acquiring
test samples in accordance with ASTM D 3665. The Engineer shall be provided the
opportunity to witness quality control sampling and testing.
All quality control test results shall be documented by the Contractor as required by Section
100-08.
1 00-08 DOCUMENTATION. The Contractor shall maintain current quality control records of
all inspections and tests performed. These records shall include factual evidence that the
required inspections or tests have been performed, including type and number of inspections
or tests involved; results of inspections or tests; nature of defects, deviations, causes for
rejection, etc.; proposed remedial action; and corrective actions taken.
These records must cover both conforming and defective or deficient features, and must
include a statement that all supplies and materials incorporated in the work are in full
compliance with the terms of the contract. Legible copies of these records shall be furnished
to the Engineer daily. The records shall cover all work placed subsequent to the previously
furnished records and shall be verified and signed by the Contractor's Program Administrator.
Specific Contractor quality control records required for the contract shall include, but are not
necessarily limited to, the following records:
A. Daily Inspection Reports. Each Contractor quality control technician shall
maintain a daily log of all inspections performed for both Contractor and
subcontractor operations on a form acceptable to the Engineer. These
technician's daily reports shall provide factual evidence that continuous quality
control inspections have been performed and shall, as a minimum, include the
following:
1) Technical specification item number and description;
2) Compliance with approved submittals;
3) Proper storage of materials and equipment;
4) Proper operation of all equipment;
5) Adherence to plans and technical specifications;
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6) Review of quality control tests; and
7) Safety inspection.
The daily inspection reports shall identify inspections conducted, results of
inspections, location and nature of defects found, causes for rejection, and
remedial or corrective actions taken or proposed.
The daily inspection reports shall be signed by the responsible quality control
technician and the Program Administrator. The Engineer shall be provided at
least one copy of each daily inspection report on the work day following the day
of record.
B. Daily Test Reports. The Contractor shall be responsible for establishing a
system which will record all quality control test results. Daily test reports shall
document the following information:
1) Technical specification item number and description;
2) Test designation;
3) Location;
4) Date of test;
5) Control requirements;
6) Test results;
7) Causes for rejection;
8) Recommended remedial actions; and
9) Retests.
Test results from each day's work period shall be submitted to the Engineer prior
to the start of the next day's work period. When required by the technical
specifications, the Contractor shall maintain statistical quality control charts. The
daily test reports shall be signed by the responsible quality control technician and
the Program Administrator.
100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall
indicate the appropriate action to be taken when a process is deemed, or believed, to be out
of control (out of tolerance) and detail what action will be taken to bring the process into
control. The requirements for corrective action shall include both general requirements for
operation of the Quality Control Program as a whole, and for individual items of work contained
111-63
in the technical specifications.
The Quality Control Program shall detail how the results of quality control inspections and tests
will be used for determining the need for corrective action and shall contain clear sets of rules
to gauge when a process is out of control and the type of correction to be taken to regain
process control.
When applicable or required by the technical specifications, the Contractor shall establish and
utilize statistical quality control charts for individual quality control tests. The requirements for
corrective action shall be linked to the control charts.
100-10 SURVEILLANCE BVTHE 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
111-64
SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF
MATERIAL WITHIN SPECIFICATION LIMITS (PWL)
110-01 GENERAL. When the specifications provide for material to be sampled and tested
on a statistical basis, the material will be evaluated for acceptance in accordance with this
section. All test results for a lot will be analyzed statistically, using procedures to determine
the total estimated percent of the lot that is within specification limits. This concept, termed
percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is
computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified
number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U
for upper) for the particular acceptance parameter. From these values, the respective Quality
index(s) (QL for Lower Quality Index and/or QU for Upper Quality Index) is computed and the
PWL for the specified n is determined from Table 1.
There is some degree of uncertainty (risk) in the measurement for acceptance because only
a small fraction of production material (the population) is sampled and tested. This uncertainty
exists because all portions of the production material have the same probability to be randomly
sampled. The Contractor's risk is the probability that material produced at the acceptable
quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability
that material produced at the rejectable quality level is accepted.
It is the intent of this section to inform the Contractor that, in order to consistently offset the
Contractor's risk for material evaluated, production quality (using population average and
population standard deviation) must be maintained at the acceptable quality specified or higher.
In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet
the specified acceptance criteria when sampled and tested at the frequencies specified.
110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the
PWL is as follows:
A. Divide the lot into n sublots in accordance with the acceptance requirements of
the specification.
B. Locate the sampling position within the sublot in accordance with the random
sampling requirements of the specification.
C. Make a measurement at each location, or take a test portion and make the
measurement on the test portion in accordance with the testing requirements of
the specification.
D. Average all sublot values within the lot to find X by using the following formula:
X = (x1 + x2 + x3 + . . .xn) / n
111-65
Where:
X = Average of all sublot values within a lot
x1, x2 = Individual sublot values
n = Number of sublots
E. Find the standard deviation Sn by use of the following formula:
Sn = SQRT[(d1 *d1 + d2*d2 + d3*d3 + . . .dn*dn) / (n-1)]
Where:
Sn = standard deviation of the number of sublot values in the set
d1, d2 = deviations of the individual sublot values X1, X2 . . . from the
average value X
that is: d1 = (x1 - X), d2 = (xn - X) . . dn = (xn - X)
n = number of sublots
F. For single sided specification limits (i.e., L only), compute the Lower Quality
Index QL by use of the following formula:
QL = (X - L) / Sn
Where:
L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the
column appropriate to the total number (n) of measurements. If the value of QL falls between
values shown on the table, use the next higher value of PWL.
G. For double sided specification limits (i.e. Land U), compute the Quality Indexes
QL and QU by use of the following formulas:
QL = (X - L) / Sn and QU = (U - X) / Sn
Where:
Land U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits
(PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the
total number (n) of measurements, and determining the percent of material above PL and
percent of material below PU for each tolerance limit. If the values of QL fall between values
shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the
following formula:
PWL = (PU + PL) - 100
111-66
Where:
PL = percent within lower specification limit
PU = percent within upper specification limit
EXAMPLE OF PWL CALCULATION
Project: Example Project
Test Item: Item P-401, Lot A.
A. PWL Determination for Mat Density.
1) Density of four random cores taken from Lot A.
A-1 96.60
A-2 97.55
A-3 99.30
A-4 98.35
n=4
2) Calculate average density for the lot.
x = (x1 + x2 + x3 + . . xn) / n
x = (96.60 + 97.55 + 99.30 + 98.35) / 4
x = 97.95 percent density
3) Calculate the standard deviation for the lot.
Sn = SQRT[ ( (96.60 - 97.95)*(96.60 - 97.95) +
(97.55 - 97.95)*(97.55 - 97.95) +
(99.30 - 97.95)*(99.30 - 97.95) +
(98.35 - 97.95)*(98.35 - 97.95)) / (4 - 1)]
Sn = SQRT[ (1.82 + 0.16 + 1.82 + 0.16) /3]
Sn = 1.15
4) Calculate the Lower Quality Index QL for the lot. (L=96.3)
QL = (X -L) / Sn
QL = (97.95 - 96.30) / 1.15
QL = 1 .4384
111-67
5) Determine PWL by entering Table 1 with QL= 1.44 and n= 4.
PWL = 98
B. PWL Determination for Air Voids.
1) Air Voids of four random samples taken from Lot A.
A-1 5.00
A-2 3.74
A-3 2.30
A-4 3.25
2) Calculate the average air voids for the lot.
x = (x1 + x + x3 . . n) 1 n
x = (5.00 + 3.74 + 2.30 + 3.25) 14
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 ) 13]
Sn = 1.12
4) Calculate the Lower Quality Index QL for the lot. (L= 2.0)
QL = (X - L) 1 Sn
QL = (3.57 - 2.00) 11.12
QL = 1 .3992
5) Determine PL by entering Table 1 with QL = 1.40 and n = 4.
PL = 97
6) Calculate the Upper Quality Index QU for the lot. (U= 5.0)
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QU = (U - X) / Sn
QU = (5.00 - 3.57) / 1 .12
QU = 1.2702
7) Determine PU by entering Table 1 with QU = 1.27 and n = 4.
PU = 93
8) Calculate Air Voids PWL
PWL = (PL + PU) - 100
PWL = (97 + 93) - 100 = 90
111-69
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Positive Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
99 1 .1541 1 .4700 1.6714 1 .8008 1 .8888 1.9520
98 1 .1524 1 .4400 1.6016 1 .6982 1.7612 1.8053
97 1 .1496 1 .41 00 1.5427 1.6181 1.6661 1.6993
96 1 . 1456 1 .3800 1 .4897 1 .5497 1 .5871 1.6127
95 1 .1405 1 .3500 1 .4407 1 .4887 1 .5181 1.5381
94 1 .1342 1 .3200 1 .3946 1 .4329 1 .4561 1.4716
93 1 .1269 1 .2900 1 .3508 1.3810 1.3991 1.4112
92 1.1184 1 .2600 1 .3088 1.3323 1.3461 1 .3554
91 1 .1 089 1 .2300 1 .2683 1.2860 1 .2964 1 .3032
90 1 .0982 1 .2000 1 .2290 1.2419 1 .2492 1.2541
89 1.0864 1 .1700 1 . 1909 1 . 1995 1 .2043 1 .2075
88 1.0736 1 .1400 1 . 1537 1 .1587 1.1613 1 .1630
87 1 .0597 1 .11 00 1 . 1173 1.1191 1 .1199 1 .1204
86 1 .0448 1.0800 1.0817 1 .0808 1.0800 1 .0794
85 1.0288 1.0500 1.0467 1 .0435 1.0413 1 .0399
84 1 .0119 1.0200 1.0124 1 .0071 1 .0037 1.0015
83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643
82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281
81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928
80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583
79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245
78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915
77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590
76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271
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
111-70
Percent Within Positive Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164
68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877
67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592
66 0.5563 0.4800 0.4545 0.4424 0.4354 0.431 0
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
111-71
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Negative Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264
48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528
47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792
46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057
45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322
44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592
43 -0.2519 -0.2100 -0.1971 -0.1911 -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
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
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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 .1 089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032
8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554
7 -1 .1269 -1 .2900 -1.3508 -1.3810 -1.3991 -1.4112
6 -1 .1342 -1.3200 -1.3946 -1 .4329 -1.4561 -1.4716
5 -1 .1405 -1.3500 -1 .4407 -1 .4887 -1.5181 -1.5381
4 -1.1456 -1.3800 -1 .4897 -1 .5497 -1.5871 -1.6127
3 -1 .1496 -1 .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 . 1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520
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SECTION 120
CONSTRUCTION CONTRACT CLAUSES
~RPORTIMPROVEMENTPROGRAM
120-01 LABOR PROVISIONS
1 . Each Sponsor entering into a Construction Contract over Two Thousand Dollars
($2,000.00) for an Airport Development project is required to insert in the
Contract the following provisions from 29CFR 5.5. Each Contractor is to include
these provisions in each Construction Subcontract.
a. Minimum Wages
(1) All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act [29 CFR Part 3]), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section
1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to laborers or mechanics, subject to
the provisions of subparagraph a.(4) below; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds,
programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the
classification of Work actually performed, without regard to skill,
except as provided in paragraph d. of this clause. Laborers or
mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the
time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in
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(2)
which work is performed. The wage determination (including any
additional classification and wage rates conformed under a.(2) of
this Section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the
site of the Work in a prominent and accessible place where it can
easily be seen by the workers.
(I)
The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage
determination and which is to be employed under the
Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(A) The Work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(B) The classification is utilized in the area by the
construction industry; and
(C) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the Contracting Officer
to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within thirty
(30) days of receipt and so advise the contracting officer or
will notify the Contracting Officer within the thirty (30) day
period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB control
number 1215-0140.)
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(iii) In the event the Contractor, the laborers or mechanics to
be employed in the classification or their representatives,
and the Contracting Officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits where appropriate), the
Contracting Officer shall refer the questions, including the
views of all interested parties and the recommendation of
the contracting officer, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within thirty (30)
days of receipt and so advise or notify the Contracting
Officer within the thirty (30) day period that additional time
is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (2)(ii) or (iii) of this
paragraph, shall be paid to all workers performing work in
the classification under this Contract from the first day on
which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which is
not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, that the Secretary of Labor has found, upon
the written request of the Contractor, that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account
assets for the meeting of obligations under the Plan or Program.
(Approved by the Office of Management and Budget under OMB
control number 1215-0140.)
b. Withholding. The Federal Aviation Administration (FAA) shall upon its
own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the Contractor
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under this Contract or any other Federal Contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the Contract. In the
event of failure to pay any laborer or mechanic, including any apprentice,
trainee or helper, employed or working on the site of work, all or part of
the wages required by the Contract, the FAA may, after written notice to
the Contractor, Sponsor, Applicant, or Owner, take such action as may
be necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.
(1) Payrolls and Basic Records relating thereto shall be maintained by
the Contractor during the course of the Work and preserved for a
period of three (3) years thereafter for all laborers and mechanics
working at the site of the Work. Such records shall contain the
name, address, and social security number of each such worker,
his or her correct classification hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described
in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under a(4) of this
clause that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1 (b)(2)(B) of the
Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that
the Plan or Program is financially responsible, and that the Plan or
Program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
orthe actual costs incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB control number 1215-0140
and 1215-0017.)
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(2) (I)
The Contractor shall submit weekly, for each week in which
any contract work is performed, a copy of all payrolls to the
Applicant, Sponsor, or Owner, as the case may be, for
transmission to the FAA. The payrolls submitted shall set
out accurately and completely all of the information required
to be maintained under paragraph c(1) above. This
information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, D.C. 20402. The prime
Contractor is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMB control number 1215-
0149.)
(ii) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract
and shall certify the following:
(A) That the payroll for the payroll period contains the
information required to be maintained under
paragraph c(1) above and that such information is
correct and complete;
(8) 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.
(iji) 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)
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of this section.
(iv) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required
under paragraph c.(1) of this section available for inspection,
copying or transcription by authorized representatives of the FAA
or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written
notice to the Contractor, sponsor, applicant or Owner, take such
action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29
CFR 5.12.
d. Apprentices and Trainees
(1) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the Work they performed when they
are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the bureau, or if a person is employed in his
or her first ninety (90) days of probationary employment as an
apprentice in such as apprenticeship program, who is not
individually registered in the program, but who has been certified
by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as
to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess
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of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination
for the work actually performed. Where a Contractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the Work performed
until an acceptable program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the Work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater that permitted
under the Plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate
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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.
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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 AI P
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 (1 %) times the basic rate of pay for all hours worked in
excess of forty (40) hours in such work week.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the clause set forth in paragraph a. above, the
Contractor or any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be
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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.
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120-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
A. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246. as amended).
1 . As used in these Specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this Contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP), U.S. Department of Labor, or any person of whom
the Director delegates authority;
c. "Employer Identification Number" means the Federal Social Security
number used on the Employer's Quarterly Federal Tax Return, U.S.
Treasury Department Form 941 ;
d. "Minority" includes:
1) Black (all persons having origins in any of the black African racial
groups not of Hispanic origin);
2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin regardless of
race) ;
3) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast, Asia, the Indian
Subcontinent, or the Pacific Islands); and
4) American Indian or Alaskan native (all persons having origins in any
of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation
or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a
portion of the Work involving any construction trade, it shall physically include in
each subcontract in excess of $1 0,000 (Ten Thousand Dollars) the provisions of
these Specifications and the notice which contains the applicable goals for
minority and female participation and which is set forth in the solicitations from
which this Contract resulted.
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3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually orthrough 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 orwomen shall excuse the Contractor's obligations under these
Specifications, Executive Order 11246, as amended, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by the Contractor during the training period and the Contractor must have made
a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of
Labor.
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7. The Contractor shall take specific affirmative actions to ensure EEO. The
evaluation of the Contractor's compliance with these Specifications shall be
based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully and shall implement affirmative
action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents,
and other onsite supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or
in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the Contractor on its unions
have employment opportunities available, and maintain a record of the
organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers
of each minority and female off-the-street applicant and minority or female
referral from a union, a recruitment source, a community organization and
of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not employed by the
Contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement
has not referred to the Contractor a minority person or woman sent by
the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly includes minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources complied
under 7b above.
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f. Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it in
the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the Company's EEO policy and affirmative
action obligations under these Specifications with all employees having
any responsibility for hiring, assignment, layoff, termination, or other
employment decisions including specific review of these items with onsite
supervisory personnel such as superintendents, general foremen, etc.,
prior to the initiation of construction work on any job site. A written record
shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition
of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and subcontractors with
whom the Contractor does or anticipates doing business.
I. Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations, to schools with minority and female
students; and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and
tests to be used in the selection process.
j. Encourage present minority female employees to recruit other minority
persons and women and, where reasonable, provide after school,
summer, and vacation employment to minority and female youth both on
the site and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
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I. Conduct, at least annually, an inventory and evaluation, at least of all
minority and female personnel, for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and
other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor's obligations under these
Specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except
that separate or single-user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors, adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations which assist
in fulfilling one or more of their affirmative action obligations (7a through p). The
efforts of a contractor association, joint contractor-union, contractor-community,
or other similar groups of which the Contractor is a member and participant, may
be asserted as fulfilling anyone or more of its obligations under 7a through p of
these Specifications provided that the Contractor actively participates in the
group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor's minority and female
work force participation, makes a good faith effort to meet its individual goals
and timetables, and can provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the Contractor. The obligation to
comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide EEO and to take
affirmative action for all minority groups, both male and female, and all women,
both minority and non-minority. Consequently, the Contractor may be in violation
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of the executive order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its
goals for women generally, the Contractor may be in violation of the executive
order if a specific minority group of women is under utilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion,
sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246, as
amended.
12. The Contractor shall carry out such sanctions and penalties for violation of these
Specifications and of the Equal Opportunity Clause, including suspension,
termination, and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the OFCCP. Any contractor who fails to carry out such sanctions
and penalties shall be in violation of these Specifications and Executive Order
11246, as amended.
13. The Contractor, in fulfilling its obligations under these Specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these Specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of the executive order, the
implementing regulations, or these Specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation, if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
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Development Block Grant Program).
B. Contractor Contractual Requirements. During the performance of this Contract, the
Contractor, for itself, its assignees and successors in interest (hereinafter referred to
as the "Contractor") agrees as follows:
1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and
made a part of this Contract.
2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by
it during the Contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the Contract
covers a program set forth in Appendix 3 of the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF
MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding
or negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligation under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. INFORMATION AND REPORTS. The Contractor shall provide all information
and reports required by the Regulations or Directives issued pursuant thereto
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Sponsor or the FAA
to be pertinent to ascertain compliance with such regulations, orders, and
instructions. Where any information required of a Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the sponsor
shall impose such Contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the Contract until the
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Contractor complies, and/or
b. Cancellation, termination, or suspension of the Contract, in whole or in
part.
6. INCORPORATION OF PROVISIONS. The Contractor shall include the
provisions of Paragraphs 1. through 5. in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the Sponsor or
the FAA may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the Contractor may request the Sponsor to enter into
such litigation to protect the interests of the Sponsor and, in addition, the
Contractor may request the United States to enter into such litigation to protect
the interests of the United States.
C. Equal Employment Opportunity Clause. During the performance of this Contract the
Contractor agrees as follows:
1 . The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination, rates of payor other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
3. The Contractor will send, to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising that said labor union or workers'
representatives of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246, as
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amended, of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive
Order 11246, as amended, of September 24, 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the FAA and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations and
orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract or with any of the said rules, regulations, or orders, this Contract
may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246, as amended, of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246, as amended, of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding
paragraph 1. and the provisions of Paragraph 1. through 7. in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246,
as amended, of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the FAA may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
FAA, the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be
posted by the Contractor in a conspicuous place available to employees and applicants
for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this
poster will be furnished to contractors at the Pre-Construction Conference.
E. Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246. as Amended).
1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set forth herein.
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2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate work force in each trace on all
construction work in the covered area are as follows:
Timetables
Goals for minority
participation for
each trade 30.4 %
Goals for Female
participation in
each trade 6.9 %
These goals are applicable to all the Contractor's construction work (whether or
not it is Federal or Federally assisted) performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of
the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the
Contractor also is subject to the goals for both its Federally involved and
nonfederally involved construction.
The Contractor's compliance with the executive order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the
goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the Contract, and in each trade,
and the Contractor shall make a good faith effort to employ minority and women
evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from female employees or trainees
from contractor to contractor or from project to project, for the sole purpose of
meeting the Contractor's goals, shall be a violation 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
$1 0, 000 (Ten Thousand Dollars) at any tier of construction subcontract in excess
of $10,000 (Ten Thousand Dollars) at any tier of construction work under the
Contract resulting from this solicitation. The notification shall list the name,
address, telephone number of the subcontractor; employer identification number
of the subcontractor, estimated dollar amount of the subcontracts; estimated
starting and completion dates of the subcontract; and the geographical area in
which the subcontract is to be performed.
4. As used in this notice and in the Contract resulting from this solicitation, the
"covered area" is in Key West, Monroe County, State of Florida.
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F. Required Reports.
1 . Monthly Employment Utilization Reports (SF 257). This Report is to be
prepared on Form CC 257 ( Rev. 9-78) and sent to the Area Office, Federal
Contract Compliance Program (OFCCP) that serves the geographical area in
which this project is located. The Report is due by the fifth day of each month
after work has commenced. The Contractor will be advised further regarding this
Report including the address of the OFCCP Area Office, at the Pre-Construction
Conference.
2. Annual EEO-1 Report. Contractors/subcontractors working on Federally-
assisted airport construction projects are required to file with the sponsor
annually, on or before March 31, complete and accurate reports on Standard
Form 100 (Employee Information Report, EEO-1). The first such report is
required within thirty (30) days after award unless the Contractor/subcontractor
has submitted such a report within twelve (12) months preceding the date of
award (the FAA or Department of Labor, OFCCP can designate other intervals).
This form is normally furnished based on a mailing list, but can be obtained from
the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401
E. St., NW, Washington, D.C. 20507 or by calling (703)756-6020. This report
is required if a Contractor or subcontractor meets all of the following conditions:
a. Nonexempt. Contractors/subcontractors are not exempt based on 41
CFR 60-1.5, and
b. Number of Employees. Has fifty (50) or more employees,
c. Contractor/Subcontractor. Is a prime contractor or first tier
subcontractor, and
d. Dollar Level. There is a contract, subcontract, or purchase order
amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a
depository of government funds in any amount, or is a financial institution
which is an issuing and paying agent for U.S. Savings Bonds and Savings
Notes. Some subcontractors below the first tier who work at the site are
required to file if they meet the requirements of 41 CFR 60-1.7.
3. Records. The FAA or Department of Labor OFCCP may require a Contractor
to keep employment or other records and to furnish, in the form requested within
reasonable limits, such information as necessary.
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G. Requirement for Certification of Nonsegregated Facilities.
1. Notice to Prospective Federally Assisted Construction Contractors.
a. Certification of Nonsegregated Facilities must be submitted prior to the
award of a federally assisted construction contract exceeding $10,000
(Ten Thousand Dollars) which is not exempt from the provisions of the
equal opportunity clause.
b. Contractors receiving federally assisted construction contract awards
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from
the provisions of the Equal Opportunity Clause will be required to provide
for the forwarding of the following notice to prospective subcontractors for
supplies and construction contracts where the subcontracts exceed
$10,000 (Ten Thousand Dollars) and are not exempt from the provisions
of the Equal Opportunity Clause.
2. Notice to Prospective Subcontractors of Requirement for Certification of
Nonsegregated Facilities.
a. A Certificate of Nonsegregated Facilities must be submitted prior to the
award of subcontract exceeding $10,000 (Ten Thousand Dollars) which
is not exempt from the provisions of the Equal Opportunity Clause.
b. Contractors receiving federally assisted construction contract awards
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from
the provisions of the equal opportunity clause will be required to provide
for the forwarding of the following notice to prospective subcontractors for
supplied and construction contracts where the subcontracts exceed
$10,000 (Ten Thousand Dollars) and are not exempt from the provisions
of the equal opportunity clause.
NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed
and furnished to the Owner with the Proposal.
Certification of Non-Segregated Facilities
The Construction Contractor certifies that he does not maintain or provide, for his employees
segregated facilities at any of his establishments and that he does not permit his employees
to perform their services at any location, under his control where segregated facilities are
maintained. The Construction Contractor further certifies that he will not maintain or provide,
for his employees segregated facilities at any of his establishments and that he will not permit
his employees to perform their services at any location, under his control where segregated
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facilities are maintained. The construction contractor agrees that a breach of this certification
is a violation of the equal opportunity clause in this Contract. As used in this certification, the
term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directives or are in
fact segregated on the basis of race, color, religion, or national origin because of habit, local
customs, or any other reason. The Construction Contractor agrees that (except where he has
obtained identical certifications from proposed subcontractors for specific time periods) he will
obtain identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the
Equal Opportunity Clause and that he will retain such certifications in his files.
Signature of Contractor
Title
120-03 MISCELLANEOUS CONTRACT PROVISIONS
1. Airport Improvement Program Project (AlP). The Work in this Contract is
included in AlP Project No. 03-12-0037-1601 which is being undertaken and
accomplished by the Owner in accordance with the terms and conditions of a
grant agreement between the Owner and the United States, under the Airport
and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation
Regulations (14 CFR Part 152), pursuant to which the United States has agreed
to pay a certain percentage of the costs of the Project that are determined to be
allowable project costs under that Act. The United States is not a party to this
Contract and no reference in this Contract to the FAA or any representative
thereof, or to any rights granted to the FAA or any representative thereof, or the
United States, by the Contract, makes the United States a party to this Contract.
2. Consent to Assignment. The Contractor shall obtain the prior written consent
of the OWNER to any proposed assignment of any interest in or part of this
Contract.
3. Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), the Contractor shall give preference
to veterans of the Vietnam era and disabled veterans as defined in Section
515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982.
4. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in
the performance of this Contract.
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5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission
of an offer and/or execution of a Contract, certifies that it:
a. is not owned or controlled by one or more citizens or nationals of a
foreign country included in the list of countries that discriminates against
U.S. firms published by the Office of the United States Trade
Representative (USTR);
b. has not knowingly entered into any Contract or subcontract 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.
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Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render, in good faith, the certification required by
this provision. The knowledge and information of a Contractor is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
6. Subcontracts. The Contractor shall insure in each of his subcontracts the
provisions contained in Paragraphs A, C., and D. of this section and also a
clause requiring the subcontractors to include these provisions in any lower tier
subcontractors which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
7. Clean Air and Water Pollution Control Requirements for All Construction
Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand
Dollars ).
Contractors agree:
a. That any facility to be used in the performance of the Contract or to
benefit from the Contract is not listed on the Environmental Protection
Agency (EPA) List of Violating Facilities.
b. To comply with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act and all
regulations issued thereunder.
c. That as a condition for award of a Contract, they will notify the awarding
official of the receipt of any communication from the EPA indicating that
a facility to be utilized for performance of or benefit from the Contract is
under consideration to be listed on the EPA List of Violating Facilities.
d. To include in any subcontract which exceeds $100,000 (One Hundred
Thousand Dollars), the requirements of (a), (b), and (c) above.
STANDARD CLAUSE FOR SOLICITATIONS. CONTRACTS. AND SUBCONTRACTS
REQUIRED FOR 49 CFR PART 29
Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion:
The Bidder/Offeror certifies, by submission of this proposal or acceptance of this
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Contract, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded for participation in this
transaction by any Federal department or agency. It further agrees by submitting this
proposal that it will include this clause without modification in all lower tier transactions,
solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor
or any lower tier participant is unable to certify to this statement, it shall attach an
explanation to this solicitation/proposal.
END OF SECTION 120
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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
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SECTION 140
GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
also ensure that the insurance obtained will extend protection to all subcontractors engaged
by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of the work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide to the County as satisfactory evidence of the required insurance
either:
Certificate of Insurance, or
A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change or reduction in coverage unless a minimum of thirty (30) days' prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
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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 & EMPLOYER'S LIABILITY
Workers' Compensation Statutory Limits
WC1 Employer's Liability $100,000/$500,000/$100,000
WC2 Employer's Liability $500,000/$500,000/$500,000
WC3 X 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
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
Required Limits:
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250, ODD/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
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GL3 $ 500,000/person; $1 ,OOO,OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
GL4 X $5,000,000 combined single limited
Required Endorsement:
GLXCU X Underground, Explosion & Collapse (XCU)
GLUQ Liquor Liability
All endorsements are required to have the same limits as the basic policy.
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
Required Limits:
VU $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
VL2 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 $ 500,000/person; $1,000,000/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
VL4 X $5,000,000 combined single limit
MISCELLANEOUS COVERAGES
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,OOO/occurrence
PR02 $500,OOO/occurrence
PR03 $1,OOO,OOO/occurrence
POL1 Pollution Liability $500,OOO/occurrence
POL2 $1,OOO,OOO/occurrence
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POL3 $5,000,OOO/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.
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,OOO 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
Occurrence _ Claims Made
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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. ~~7 () -I.A! ..c'
P.J.'s Land Clearing & Excavating, Inc. ~
Bidder S gnature
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WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state's
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V1 as
assigned by the AM. Best Company.
If the Contractor has been approved by the Florida Department of Labor as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor shall be
required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor will be required to submit updated financial statements
from the fund upon request from the County.
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GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
- Premises Operations
- Products and Completed Operations
- Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$5,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$1,000,000 per person
$5,000,000 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.
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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:
$5,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$1,000,000 per person
$5,000,000 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.
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GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities or the possibility of collapse of a 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.
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150.01
150.02
150.03
SECTION 150
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
DEFINITIONS OF TERMS
The terms used in this program have the meaning defined in 49 CFR Section
26.5.
OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23)
The County has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the U.S. Department of Transportation
(DOT), 49 CFR Part 26. The County has received Federal financial assistance
from the Department of Transportation, and as a condition of receiving this
assistance, the County has signed an assurance that it will comply with 49 CFR
Part 26.
It is the policy of the County to ensure that DBEs, as defined in part 26, have an
equal opportunity to receive and participate in DOT-assisted contracts. It is also
their -
To ensure nondiscrimination in the award and administration of DOT
assisted contracts;
To create a level playing field on which DBEs can compete fairly for DOT
assisted contracts;
To ensure that the DBE Program is narrowly tailored in accordance with
applicable law;
To ensure that only firms that fully meet 49 CFR Part 26 eligibility
standards are permitted to participate as DBEs;
To help remove barriers to the participation of DBEs in DOT assisted
contracts; and
To assist the development of firms that can complete successfully in the
market place outside the DSE Program.
Peter Horton, Airport Manager, has been delegated as the DBE Liaison Officer.
In that capacity, Mr.Horton is responsible for implementing all aspects of the
DBE program. Implementation ofthe DBE program is accorded the same priority
as compliance with all other legal obligations incurred by the County in its
financial assistance agreements with the Department of Transportation.
NON-DISCRIMINATION (Section 26.7)
The County will never exclude any person from participation in, deny any person
111-11 0
150.04
150.05
150.06
the benefits of, or otherwise discriminate against anyone in connection with the
award and performance of any contract covered by 49 CFR Part 26 on the basis
of race, color, sex, or national origin.
In administering its DBE program, the County will not, directly or through
contractual or other arrangements, use criteria or methods of administration that
have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE program with respect to individuals of a particular race,
color, sex, or national origin.
DBE PROGRAM UPDATES (Section 26.21)
We will continue to carry out this program until all funds from DOT financial
assistance have been expended. We will provide to DOT updates representing
significant changes in the program.
FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE
(Section 26.13)
The County has signed the following assurance, applicable to all DOT-assisted
contracts and their administration:
The County shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any DOT assisted contract
or in the administration of its DSE Program or the requirements of 49
CFR part 26. The recipient shall take all necessary and reasonable steps
under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT assisted contracts. The recipient's DBE Program,
as required by 49 CFR part 26 and as approved by DOT, is incorporated
by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon
notification to the County of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and
may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
US.C. 3801 et seq.)
REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29)
Contract Assurance
We will ensu re that the following clause is placed in every DOT-assisted contract
and subcontract:
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150-07
The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Prompt Payment
We will include the following clause in each DOT-assisted prime contract:
The prime contractor agrees to pay each subcontractor under this prime
contract no later than thirty (30) days from the receipt of each payment
the prime contractor receives from the County. The prime contractor
agrees further to return retainage payments to each subcontractor within
thirty (30) days after the subcontractor's work is satisfactorily completed.
Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the
County. This clause applies to both DBE and non-DBE subcontractors.
OTHER CONTRACT PROVISIONS
1 . Bidders List
If the recipient's DSE program provides for collecting information for a
bidders list by using a contract clause, the recipient should devise an
appropriate clause and include it in each DOT-assisted contract. DOT's
"Sample DBE Program" interpreting 49 CFR Section 26.11 lists various
methods by which a recipient can collect information for a bidders list.
Use of a contract clause is one such method. Recipients that choose to
use another method would not include such a clause in their DOT-assisted
contracts.
2. Good faith efforts
In accordance with 49 CFR Section 26.51 , the recipient must meet the maximum
feasible portion of their overall goal through race-neutral means of facilitating
DBE participation. The recipient is not required to set a contract goal on every
DOT-assisted contract, but must set contract goals that will cumulatively result
in meeting any portion of the overall goal the recipient does not project meeting
through the use of race-neutral means. Contract goals may be established only
on those DOT-assisted contracts having sub-contracting possibilities.
When a contract goal is established pursuant to the recipient's DBE program, the
sample bid specification set forth below can be used to notify bidders/offerors
111-112
of the requirements to make good faith efforts. The forms that follow the
specification can be used to collect information necessary to determine whether
the bidder/offeror has satisfied these requirements. The sample specification is
intended for use in both nonconstruction and construction contracts for which a
contract goal has been established. Thus, it can be included in invitations for bid
for construction, in requests for architectural/engineering and other professional
services, and in other covered solicitation documents.
The requirements of 49 CFR Part 26, Regulations ofthe U.S. Department
of Transportation, apply to this contract. It is the policy of the County to
practice nondiscrimination based on race, color, sex, or national origin in
the award or performance of this contract. All firms qualifying under this
solicitation are encouraged to submit bids/proposals. Award of this
contract will be conditioned upon satisfying the requirements of this bid
specification. These requirements apply to all bidders/offerors, including
those who qualify as a DBE. A DBE contract goal of 13.20 percent has
been established for this contract. The bidder/offeror shall make good
faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1),
to meet the contract goal for DBE participation in the performance of this
contract.
The bidder/offeror will be required to submit the following information: (1)
the names and addresses of DBE firms that will participate in the
contract; (2) a description of the work that each DBE firm will perform; (3)
the dollar amount of the participation of each DBE firm participating; (4)
written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal; (5)
written confirmation from the DBE that it is participating in the contract as
provided in the commitment made under (4) and (5) if the contract goal
is not met, evidence of good faith efforts.
DBE participation in this contract may be in form of a prime contract,
subcontract, joint venture, or another arrangement that qualifies under 49
CFR Sections 26.55, "How is DBE participation counted toward goals?"
or 26.53(g), both of which are included as Attachment 2.
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ATTACHMENT 1
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
UnUZATION
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
x The bidder/offeror is committed to a minimum of 16.9
this contract.
% DBE utilization on
The bidder/offeror (if unable to meet the DBE goal of %) is commited
to a minimum of ___ % DBE utilization on this contract and submits documentation
demonstrating good faith efforts.
Name of bidder/offeror's firm: Palm Beach Pacific, Inc.
State Registration No.
BY<-~~~-
Signature
Armando W Rivero, President
Title
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ATTACHMENT 2
LETTER OF INTENT
Name of bidder/offeror's firm: P.J. 's Land Clearing & Excavating, Inc.
Address: p.o. Box 540517
City: Greenacres
State: Florida
Zip: 33454-0517
Name of DBE firm: Palm Beach Pacific, Inc.
Address: p.o. Box 16545
City: West Palm Beach
State: Florida
Zip: 33416
Telephone: 561-434-0711
Description of work to be performed by DBE firm:
Tree Triming
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described
above. The estimated dollar value of this work is $ 21,000.00
Affirmation
The above-named DBE firm affirms that it will perform the portion of the contract for the
estimated ~ues ~ slated above.
By -~~\.b ::-'- President
(Signature) (Title)
If the bidder/offeror does not receive award of the prime contract, any and all
representations in this LeUer of Intent and Affirmation shall be null and void.
(Submit this page for each DBE subcontractor.)
111-115