10/16/1996
CONTRACT DOCUMENTS
TO
CONSTRUCT AIRPORT BOULEVARD NOISE BUFFER AND
RELATED WORK
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
PFC Application No. 94-02-C-OOEYW
FDOT WPI Project No. 6826730
Greiner Contract No. C502520.42
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DR. SHIRLEY FREEMAN, DISTRICT 3
MR. JACK lONDON, DISTRICT 2
MS. WilHELMINA HARVEY, MAYOR EMERITUS, DISTRICT 1
MR. KEITH DOUGLASS, DISTRICT 4
MS. MARY K. REICH, DISTRICT 5
MAYOR
MAYOR PRO TEM
MEMBER
MEMBER
MEMBER
Prepared by:
GREINER, INC.
July 8, 1996
TABLE OF CONTENTS
Addenda
Division I
Bid Documents
Division II
Contract
Division III
General Provisions
Division IV
Special Provisions
Division V
Technical Specifications
Appendix
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ADDENDA
(None Issued Through August 30, 1996)
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DIVISION I
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DIVISION I
BID DOCUMENTS
SECTION A - INVITATION FOR BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1
SECTION B - INSTRUCTIONS TO BIDDERS ............................... 1-4
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS ................ 1-12
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. . . . . . . . . . . . . . . . . . . . .. 1-21
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM. . . . . . . .. 1-22
SECTION I - THIS SECTION NOT USED
SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
THE FLORIDA TRENCH SAFETY ACT .. . . . . . . . . . . . . . . . . . . .. 1-24
SECTION K - THIS SECTION NOT USED ................................. 1-26
SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 ...... 1-27
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SECTION A
INVITATION FOR BIDS
Sealed bids will be received by the Monroe County Board of County Commissioners until 10:00
A.M. local time, August 8, 1996 for the furnishing of all labor and materials and performing all work
for constructing the following contract:
Construct Airport Boulevard Noise Buffer and Related Work
Key West International Airport
At the specified time, all bids will be publicly opened and read aloud. The opening will be held at
the office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing,
Room 002, Key West, Florida, 33040.
The major items of work for the contract will be as follows:
Remove Australian Pines, Brazilian Pepper trees and other exotic/nuisance species. Plant
area with designated species and provide one year of exotic/nuisance species control.
Provide and install privacy fence.
Copies of the bidding documents (Contract Documents) may be obtained from Greiner, Inc.,
Attention: Mr. George Feher, 7650 West Courtney Campbell Causeway, Tampa, Florida 33607-
1462, Tel. (813) 286-1711, upon payment of $40.00 to Greiner, Inc., which will not be refunded.
Plans will also be available for review at the Airport Director's office at Key West International
Airport. 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 COl).tract 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 County Commissioners.
A Public Construction Bond for 100% of the contract price.
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.
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No bid shall be withdrawn for a period of ninety (90) days subsequent to the opening of bids without
the consent of tIle Owner.
The Owner reserves the right to reject any or all bids and to waive informalities in the bidding.
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THIS PAGE IS NOT USED IN THIS CONTRACT.
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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
Commissioners.
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 ,vith these requirements.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
Ineaning of any part of the proposed Contract Documents, he may submit to the Engineer,
Greiner, Inc., Attention: George G. Feher, 7650 West Courtney Campbell Causeway, Tampa,
Florida 33607-1462, Tel. (813) 286-1711, 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 cllanges 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 olnissions 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 nalne 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 con"ect extension amounts will be the contract bid price.
6. ALTERNATE BIDS:
Not applicable to this project.
7. REJECTION OF PROPOSALS:
The Owner may reject proposals 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.
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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 is awarded, will be made by the Owner to the lowest
responsible bidder for either the Base Bid whose proposal meets the requirements thereof.
The award, if Inade, 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 contrflct 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 Owner. Such power of attorney must bear
the signature of the other members of the firm and must be executed before a notary.
~~y 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
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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 Provision No.3, and shall
fully complete performance within sixty (60) calendar days.
15. CONTRACT CLOSE-OUT:
Subsequent to the final acceptance of this project by the Owner, the requirements of
Paragraph 18, Section 50 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. Disclosure of Lobby Activities (Division I, Section G)
F. Acknowledgment of Receipt of Addendum (Division I, Section H)
G. Bidder's Affidavit in Compliance With the Florida Trench Safety Act (Division I,
Section J)
H. SWOfIl Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public
Entity Crimes (Division I, Section K)
I. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause)
(Di'vision I, Section L)
J. Prime Bidder's Qualifications (Division I, Section F)
K. Bidder's Statement of Insurance (Division III)
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L. Copy of Contractor's license for State of Florida
17. MARKING AND MAILING BIDS:
Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed and
marked on the outside as follows:
Office of the Director of Purchasing
5100 College Road
Public Service Building
Cross Wing, Room 002
Key West, Florida 33040
Construct AiIl'ort Boulevard Noise Buffer,
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, facsimile bids will not be
considered but modifications by facsimile of bids already submitted will be considered if
received prior to the hour set for opening.
19. 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. .
20. 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.
21. 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 b~dders is not thereby disqualified from quoting prices to other bidders
or from submitting a bid directly for the materials of work.
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22. 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.
23. 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, ifno period is specified, within ten (10) days after the prescribed forms
are presented to him for signature.
24. 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.
25. SUBLETTING OR ASSIGNING OF CONTRACT:
(a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or
otherwise dispose of any portion of the contract, his right, title or interest therein, or
his power to execute such contract, to any person, firm or 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
ofa 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.
26. PERMITS:
THIS ITEM LEFT BLANK ON PURPOSE.
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27. 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.
28. 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.
29. FLORIDA TRENCH SAFETY ACT:
In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder
shall indicate in his bid his cost of compliance with the requirements of the Florida Trench
Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance
with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida
Statutes).
30. 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 D~vision I, General Provisions, Section 40,
for further information).
31. PROJECT FUNDING:
Work included in this project is being funded in part by the use of Passenger Facility Charges
collected by Monroe County and in part from funds from the Work Project Improvement
(WPI) Program administered by the Florida Department of Transportation (FDOT). No
Federal funds under the FAA Airport Improvement Program (AlP) are included in this
project.
32. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR
GOALS:
There are no DBE subcontractor goals for this contract. Should any DBE subcontractors be
used on this contract, the subcontractor's name, address" type of work performed and
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subcontract amount shall be reported as part of the project close-out documentation
submitted with information request in General Provision Section 50-18 and Special Provision
No.1, Section 22, "Project Documentation".
33. 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.
34. 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 23, as amended, have the
maximum opportunity to participate in the performance of contracts financed in whole or in
part with Department funds contract. The DBE requirements of 49 CFR Part 23, 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 23, 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 23,
as amended, to ensure that the Disadvantaged Business Enterprises have the maximum
opportunity to compete for and perform contracts. Grantees, recipients and their contractors
shall not discriminate on the basis of race, color, national origin or six in the award and
performance of Department assisted contracts.
35. 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 90mpensation; 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.
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SECTION C
PROPOSAL
Contract
BID TO: Monroe County Board of Commissioners
c/o Purchasing Department
Public Service Building, Room 002
51 00 Coll~ge Road, Stock Island
KEY WEST, FLORIDA 33040
BID FROM: Ilr~aI-;;;-r'" l (,",-",1'"'.'17(- (!C.>) I:n (
~p Q ~ e)() x/' /,-'?:? 7
~<"? 'I (1. ~ I? "": <~ ,. L // 3,~"lL) ')
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Submitted (Date):
8' h/'frn
; Sf
The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed
himself fully in regard to all conditions pertaining to the place where the work is to be done; that he
has examined the plans and specifications for the work and contractual documents relative thereto,
and has read all bid documents, Contract Documents, General Provisions, Special Provisions and
Specifications furnished; and that he has satisfied himself relative to the work to be performed.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County
Board of Commissioners, in the form of contract specified, to furnish all necessary materials,
equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to
complete the constructiOIl of:
Construct Airport Boulevard Noise Buffer and Related Work
Key West International Airport
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.
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
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1-12
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
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L./ ~ ~ ( . '\.' '\ ' "', ,'1\ -
made payable to the Monroe County Board of Commissioners.
or a bid bond for the sum of
dollars ($
,-- -~/
< . ......
\"._,,) "'''J'
)
I ackno~ledge receipt of Addenda No.(s) ~ \ <\-- O. I have included the pages of the Bid
"
Proposal which entails the Proposal Form 0, Schedule of Bid Items 0, Prime Contractor's
Qualifications 0, the Lobbying and Conflict of Interest Clause 0, the Drug-Free Workplace Form
0, the Bid Bond 0, Acknowledgment of Addenda 0, Bidder's Affidavit of Compliance with Florida
Trench Safety Act 0, Sworn Statement Under Ordinance No. 10-1990 D. Also include a copy of
valid Contractor's licenses 0 and an executed copy of Bidder's Statement of Insurance
Requirements (Division III) D.
(Checkmark items above as a reminder that they are included.)
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Mailing Address:
Phone Number:
Date:
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Witness:
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(Title)
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(Seal)
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SCHEDULE OF BID ITEMS
BIDDER: Il...L"i~ TrC'P ~/<,,~do;('<'fG c":',.k DATE: 1:/7/'1("
AIRPORT NAME: Key West International Airport
PFC APP. NO. 94-02-C-00E YW WPI PROJECT NO. 6826730
PROJECT DESCRIPTION: Construct Airport Boulevard Noise Buffer and Related Work
Item &
Spec.
No.
101-1
580-1
580-
301-1
BASE BID
Dollars and
! LL r:~ J ,i! J ,/;.A ents
I
Prep'ared Topsoil
at "7Z ! ( /t-",) e Dollars and
-;7?1 e ~' Cents
Staking and GuyingTrees
at _'~."',k"nly ./, /(c" Dollars and
~~7 r~ / ,') Cents
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Unit
L.S.
Estimated
Quantity
1
Unit
Price in
Numbers
Extended
Total
Item Description & Unit
Price Bid in Words
Mobilization at
Iiv?~ ~T1h,'4#"1CJ Dollars and
z ~~;> r ("~, Cents
102-1 Maintenance of traffic at L.S.
f-( ~I t' h~ .~vl ,.' #r I Dollars and
Z; rc 'j Cents
110-1-1 Selective Clearing (Including L.S.
Exotic Removal and one-year
of maintenance at (kY:?)~1r --/h.'u:::
-IL'\'/'~CLJJ Dollars and
? /'~ E t"~j Cents
570-5 Fertilizer atr:-"'f'Ct/; IlL r j. '<'~f)t-j ~- t x TN
h. "..1. ~..t t', ,,\, ~. , :Y1 QOollars and
~ . /~ - j J
/ f -to'..t.v Cents
"
570-11 Water For Plant Establishment MG
at <')' .f It:'" ~ .I')
nC,;
..-- ,,") (""f) , fr.)
~) ....... _ c_ ..... _
:;-("'xJ("1
1
. r ,., ("I ....._.~' /..,;.'~) C)c)
':S' "_)1...' . c '-.
1
,:'~ ('"-/ 1C i~ { )(} v~' ;"1// a)<~) (1 u
_'1\ ~,'-....~
0.02
:5/ G:l
/")
7 ....-] ':..:;~:>
/4.....
......~
75
;' / ..,.- I 1 · v '7-~-
I c? a/~) . t?t' If..) , 'oj
CY
58
31 0 .;~
/ 7?/~ 7,1
EA
84
,-:".i(1
..., /'.., ",,:1 Q
,y t .' ,tlc.;,
1-15
Item &
Spec.
No.
580-
326-2
582-2
583-4
550-73
550-76-
162
Item Description & Unit
Price Bid in Words
Mulch (Pine needles)
at '-;J, rc:~ Dollars and
c:-'(-~ \1 <:'..-t'i t-..J .- .r: ft! Cents
I
Shrubs (3-7 Gal.)
at -rt, <" ./-7 ~ "'"cr-, e-r? Dollars and
~~"- (J h-f~ -r111'J ~Cents
I "
Trees (15-30 Gal)
at!!C~re\.-~'!:;.;~r:'fJ Dollars and
(l (f "-I-ti~') (~ Cents
I
Fence (Special)
at 'r,......;. e-,\~..j..-7 --9::! Dollars and
/ / I
i~. I ri./ - Ti"l ." rCents
Fef]~~~~~~~J,1'(fe B
at / ,'''":'-1 r 'f-> .r-~ Dollars and
:'~C~\l ~ I~ \.. -..-\il(eECents
WP _ WPRO\M:\KEY-WEST\SPE-BUFl\SCH-BID.WPD\062496
Unit
SY
EA
EA
LF
EA
Estimated
Quantity
1 ,026
258
84
1 , 130
2
Unit
Price in
Numbers
~']. 7~5-
~? 7 ,~~:. <I:
- -~ / ,)
Extended
Total
~'~~ ~ J-/ 7. ,';- ~)
. f
Cj' . /7"2';) .". (.:::.2
,).
? ,"'" .~-. c'- ") t 5S' .-. .~-. ,.
~ ~s '../ ......~ c:>' c>/ c / _) j L/&. a
c2i.~,. .5- ,.;) ,~::J y. z'Jr.s- 7 ~1C
d I). 7 3
Lf-? I .:j 0
Total Base Bid Amount: $ 1/ ,.~ ~ .~] ~ ~ 9*~
1-16
SECTION D
BID BOND
Contract
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and
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 County
Commissioners as Obligee, hereinafter called the Obligee, in the sum of
dollars ($ )
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:
Construct Airport Boulevard Noise Buffer and Related Work
Key West International Airport
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract
with the Obligee in accordance ,~ith 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 Prillcipal 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
WP _ WPRO\W:\KEY-WESnSPE-BUF1\SEC-D.WPD\062196
1-17
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.
Signed and sealed this
day of
, 1996.
(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.
WP _WPRO\W:\KEY-WEST\SPE-BUF 1\SEC-D.WPD\062 1 96
1-18
SECTION E
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that:
/Jr-J,c;" Tr c' C t. (cu' clc "V-'e (?<,/L;') C.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
underbid 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 progr21ll 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.
~\,' f-<-~~. '~.-"L?\~
Bidder's Signature ---)
Date: 9ft'" / 9(~
, I
WP _ WPRO\W:\KEY-WEST\SPE-BUFl\SEC-E.WPD\062196
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: /1rLcIT~(~e ,l c--" -If-err"; ~') ~G
2.
Business Address:
PPI L 1/ ,.1/'-). ... · ~ /,/-:? .7.11 t.. "2
~.il q /. -, (-<. J<<- let--;rJ lit 4' 'I / - " If F"' l-<J:J rh /'{,- ~'- "--'-'
3. Telephone Number: L:;',,,,l )(ltz. <)' -r.;!. /9 2!
4. When Organized: j <1 I~ 2>
5. Where Incorporated: ~ kp[( c; c.
6. How many years have you been engaged in the contracting business under the present firm
name? ,. X
7 . What is the type of construction work In which you are principally engaged?
"'-,',/ (':;;,.? ('" fYlfr'-L, c' I- {'\i-
8. On separate sheet list major contracts in past 10 years.
9. On separate sheet list equipment and plant available for this project.
10. Enclose a copy of latest Financial Statement.
11. Credit Available for this Contract: $
12. Contracts now in hand, Gross Amount: $
13. Have you ever refused to sign a contract at your original bid? J\\/-.
14. Have you ever been declared in default on a contract? (\J(5
15. Remarks:
(The above statements must be subscribed and sworn to before a Notary lie.)
Date: q LI (, ,~ Notary Public:
~~~ N~:;~1::~ ~d~l~'aj~ ''P~ (~ h1 c
Title: PI' 0 Je r f 1Y]t;;:-),.-1C y (-'r'
-) -
&a"L--.
1-20
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts.. Grants.. Loans and Cooperative A~reements
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 transa~tion 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: -~/l%'Ar C)'~~
.
Dated:
9/ {,Ie; ~?
Contractor's Authorized Representative
WP _WPRO\W:\KEY-WEST\SPE-BUFl\SEC-G.WPD\062196
1-21
SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
Acknowledement of Addenda
~\(\
WP _ WPRO\W:\KEY-WEST\SPE-BUFl\SEC-H.WPD\062196
1-22
SECTION I
THIS SECTION NOT USED
1-23
SECTION J
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
FLORIDA TRENCH SAFETY ACT
(SECTION 553.60-553.64, FLORIDA STATUTES)
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appeared
!~~\\ \ (~,Y,\ ~. \\od~" e <;.
",J
who, being duly sworn., deposes and says as follows:
That he is the duly authorized representative of
~ \ ~--.
- ~./()~ \ '\ f!t-'
~,.
~- { c u., c\; -- " t' Q..
(i. <~ I /)" c~
-- .)
being its
(Name of Bidder)
--" '
~(' t<-'<':'~ A ,~~-\
(Owner) (Partner) (President or other Corporate Officer)
alld 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:
./7 ..1
/ .r" U'/"') /'
~~. ? 9f-y
(' I~' Y ~~
. I; e r-? C (" /,,4- ,/-\ c-/ \( ",-:,;. ('/ :'.1'
.,'
("'~l I ' ()
WL~ 'r'r ,,'1 lA. 0 'I
G()'7/'Ii,~{ 7;;/-/(,..,3
t.~-c.
./
'z::y., ("
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 revision;; 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
1-24
(Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be
summarized below:
B
c
D
TOTAL:
$
Signature of Authorized Representative:
". ~
\~~~~,.,"'- ~
~~~.~
. (-__7
~""
~. ~- -1 -.. -*
It. ~"'-. .r.....~ .'\1
9 /11 . / 9 ~
Title
"
STATEOF:~/
COUNTY OF:~? d:;~~'l:U ~4~-b
Date
The foregoing instrument was acknowledged before me this /6~ay o( j~A.k , 1~, bY~~,'~
/ /......------~. (Sole, Co~rPartnership) ? -
cVk61S perso~!!L~QW to l!!;o, who has produced as identification and who
did/did not take an oatIl.
(Signature/b Notary Public,
State of ' orida at Large)
L / -a /1; / i/ Jl Ii ~ cJ /' .
(Print n~i of Notary Public).
9-- ;; 7'-CZ7
,
My Commission expires:
""~':;.~:';'~~'" MARILYN BEAL
;~f.-~.~"f;~ MY COMMISSION * CC316432 EXPIRES
~..~.~E September 27 t 1997
';!l(,;cff..f.~~'" BONDED THRU TROY FAIN INSURANCE, INC.
1-25
SECTION K
[THIS SECTION NOT USED IN THIS CONTRACT]
WP _ WPRO\M:\KEY - WEST\SPE-BUF I \SEC-K. WPD\062596
1-26
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
12h\ \ lCAe,," \~-J'3"'<" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 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 fee, commission, percentage, gift or consideration paid to the former
County officer or employee.
>;~ \~ .~~ ~ ~~S1 ~ ~
(Signature) ~
Date: q) liv J LtG
I
STATE OF: c::~LJ~~ /
~:l / 7
< '.;I'.' . . . ../1 ..".'
COUNTY OFI"llJ-k1t/) ,I:~~'
./
PERSONALL Y APPEARED BEFORE ME the undersigned authorid--1
first being swo~ by me affixe9 ~sl4er Signature. (n?ffie of individual signing) in the
above on this/" tltday of xty A , lCJZ6
/ /".. /~:
I CO I'.......L.~
(Signature of otary Public,
State of FI rida at Large)
il q/lj~ ) iJ 'i Bt:'a /
(Print name ~f Notary Public)
My Commission expires:
9 ,- Ll-j/7
"..'~':t.~:rt.;;',.. MARJL YN BEAL
l1t~'~'-"~~;~ MY COMMISSION" CC316432 EXPIRES
~~.~.:~i September 27, 1997
~~~~;'A~...", BONDED THRU TROY FAIN INSURANCE, INC.
WP _ WPR600~\R"EY - WEST\SPE-BUF 1 \SEC-L. WPD\062596
1-27
DIVISION II
WP _ WPRO\F:\KEY-WEST\SPE-BUF\FL YSHT.WPD\061496
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND ........................... 11-1
SECTION B - (THIS SECTION NOT USED)
SECTION C - CERTIFICATE OF OWNER'S ATTORNEY. ........ ..... .. . .. 11-3
SECTION D - (THIS SECTION NOT USED)
SECTION E - CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-5
WP _ WPRO\M:\KEY -WEST\SPE-BUF2\TOC-DIV2.WPD\062496
SECTION A
PUBLIC CONSTRUCTION BOND Bond fix 06101
BY THIS BOND, we Arbor Tree & Landscape Co., rnc. , as Principal and
Preferred National Insurance Company , a corporation, as Surety, are bound to Monroe
County (hereinafter called "County"), in the sum of $ 112,333. 98 (minimum 100% of total bid
amount) for payment of which we bind ourselves, our heirs, personal representatives, successors and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract dated , 19_, between Principal and County for
construction of Airport Boulevard Noise Buffer and Related Work located at Key West
International Airport, the Contract being made a part of this Bond by reference, at the times
and in the manner prescribed in the Contract.
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies used directly or indirectly by Principal
in the prosecution of the work provided for in the Contract; and
3. Pays the County all losses, damages, including but not limited to, delay damages, expenses,
costs and attorney's fees, including appellate proceedings, that County sustains because of
a default by Principal under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for the time
~pecified 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 Statutes. Any changes in or under
the Contract Documents and compliance or non-compliance with any formalities connected with the
Contract or the change does not affect Surety's obligation under this Bond.
Principal agrees to record this Bond in the Official Records for Monroe County before the
commencement of the work subject of this Bond.
Dated on q / J: ~~ , I 9(/ t~.
Arbor Tree & Landscape Co., Inc.
PRINCIPAL: ~~':kJ ~~o'"~j)~ ~L
By:
5796 Western Way
Lake Worth, Fl. 33463
, --~~/"".'/" /" ../,/
\'. I .' /'
" .I ..' ,,-<
"'-"/ . '. /. .' ~ ..~. L'L.--
~- /'
As Attorney-in-Fact John S. Harris
Address:
WP _ WPRO\M:\KEY - WES1\SPE-BUF2\SEC-A. WPD\062596
11-1
Preferred National Insurance Company
SURETY:
210 University Dr., Coral Springs, Fl.
33071
Address:
Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05,
Florida Statutes.
WP _ WPRO\W:\KEY-WEST\SPE-BUF2\SEC-A.WPD\062196
11-2
Pr~f~rred National Insurance Company
Coral Springs, Florida
POWER OF A TTORNEV
'lfi II 0 in ~Il c#JII ell ~ 1l '(IT 4 e s e , res ell t S: That Preferred National Insurance Company, a corporation of the State of Florida, by
Stephen Weicholz, President, and Scott Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws of said
Company, which reads as follows:
ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and
such signature and seal when so used shall have the same force and effect as though manually fixed.
Does hereby nominate I constitute and appoint
John S. Harris and Elaine F. Harris
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and
contracts of suretyship in the amount not to exceed: Five Hundred Thousand Dollars ($500,000.00)
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons.
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and is now in
force.
IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said
Preferred National Insurance Company I this 17th day of November, 1993.
ATTEST:
Preferred National Insurance Company
/.~- /'[0:" /7
--------- ---- - - .._----;-------------~
Secretary
ST ATE OF FLORIDA
CITY OF CORAL SPRINGS
) ss:
)
BY:_~/~~
President ..--
On this 17th day of November, A.D., 1993, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the
above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in
and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each
for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the
Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above
written.
~....~'( PU8 OfFICIAL NOTARY SEAL
o _"..<:.- MARC REOEN
~ ...... 0; ~ COMMISSION NUMBER
-1- ~ CC 144201
~ ~Q MY COMMISSION ~'lP.
OF f\.O OCT. 11.1995
1?1
CERTIFICA TE
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power
of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of
the Preferred National Insurance Company.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of Preferred National Insurance
Company at a meeting duly called and held on the 8th day of September, 1989.
Resolved, Article XI, Section 2, .thatthe facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with
the same force and eNect as though manually affixed-
......................................................., 19...................
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the Corporate Seal of the said Company, this............................ day of
PNI-PA-101 (11/89)
_ /-.4 t ( ,: t? ...,-1'/'
Secretary
v
SECTION A
PUBLIC CONSTRUCTION BOND
BY THIS BOND, we , as Principal and
, a corporation, as Surety, are bound to Monroe
County (hereinafter called "County"), in the sum of $ (minimum 100% of total bid
amount) for payment of which we bind ourselves, our heirs, personal representatives, successors and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract dated , 19 _, between Principal and County for
construction of Airport Boulevard Noise Buffer and Related Work located at Key West
International Airport, the Contract being made a part of this Bond by reference, at the times
and in the manner prescribed in the Contract.
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies used directly or indirectly by Principal
in the prosecution of the work provided for in the Contract; and
3. Pays the County all losses, damages, including but not limited to, delay damages, expenses,
costs and attorney's fees, including appellate proceedings, that County sustains because of
a default 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 Statutes. Any changes in or under
the Contract Documents and compliance or non-compliance with any formalities connected with the
Contract or the change does not affect Surety's obligation under this Bond.
Principal agrees to record this Bond in the Official Records for Monroe County before the
commencement of the work subject of this Bond.
Dated on
, 19_.
PRINCIP AL:
Address:
By:
As Attorney-in-Fact
WP _ WPRO\M:\KEY - WEST\SPE-BUF2\SEC-A. WPD\062596
11-1
SURETY:
Address:
Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05,
Florida Statutes.
WP _ WPRO\W:\KEY-WEST\SPE-BUF2\SEC-A.WPD\062196
11-2
SECTION C
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned the duly authorized and acting legal representative of the
Monroe County Board of Commissioners do hereby certify as follows:
I have examined the attached Contract and Surety Bonds 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 foregoing agreements constitute valid and
legally binding obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
Signature:
Date:
WP _ WPRO\W:\KEY-WEST\SPE-BUF2\SEC-C.WPD\062196
11-3
SECTION D
[THIS SECTION NOT USED IN THIS CONTRACT]
WP _ WPRO\M:\KEY -WES1\SPE-BUF2\SEC-D. WPD\062496
11-4
SECTION E
CONTRACT TO
Construct Airport Boulevard Noise Buffer and Related Work
Key West International Airport
;~
THIS AGREEMENT made and entered into theb' day of (:( I.t ij~' /1// t by and between _
/Jr6Q ,r 7r(~c }:: / ,'. c,../<C"c ''1'".1 c. "'i/n (' Contractor, and the Monroe County
Board of County Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with Owner as
follows:
1. That the Contractor, or Party of the First Part, shall furnish all the materials, and perform all
of the work in the manner and form as provided by the following enumerated Instruction to
Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications,
Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made
a part hereof, as if fully contained herein, for the construction of:
Airport Boulevard Noise Buffer and Related Work
Key West International Airport
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 ...ML calendar days from and after said date.
3. The Owner hereby agrees to pay to the first party for the faithful performance of the
agreement, subject to additions and deductions as provided in the specifications or proposal
in lawful money of the United States as follows:
Approximately L'),'le-' /zu."L,;;,/ lur?h/r! .rJ,~1 }'.-<'I,.,/ 47/er Au,,";;,./ Ii.;", jA.~C'7t~tDollars
, ,
($ 1/':<;' -? ],;)~~n accordance with lump sum and unit prices set forth in the proposal.
4. On or before the 15th day of each calendar month, the Owner shall make partial payment to
the Contractor on the basis of a duly certified and approved estimate of work performed during
the preceding calendar month by Contractor, less ten percent (10%) of the amount of such
estimate which is to be retained by the Owner until all work has been performed strictly in
accordance with this agreement.
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11-5
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls,
material bills and other costs incurred by the Contractor in connection with the construction
of the work have been paid in full, final payment on account of this agreement shall be made
within thirty (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 $400.00 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 WI1NESS 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.
4- J/"J/ '7 {{(? (} ~C'r,j,.YCM?(Y/~- --z:n<.
~ I >
( Contractor)
By: ~.~~,'-..'- ~_~-~'"~
~
Title:
~ -
~ "c\ '~
. \ ~ 'S: .., P...lV'"'\. '.
(Monroe County Board of Commissioners)
By:J'Lk?-P'J'~tI-~
.~. .,' 'I i'" '
Title: \.~ \ t~\ / ~ "---.
,~~ L ~~__~
}~~~l~L~~.. _y .
j/\- ,
./;', ", I') \
7::~/~\':'~ (SEAL '.;~
(~';i~~\TEST::'ANNY L. KOLHAGE, CLERK
.,..... ;':"~'7' ~ \../.> ~ C -.... ~ t
,....01, .. /.>~ . ~
".. · . DEPUTY CLERK
WITNESS:
WP _ WPRO\M:\KEY -WEST\SPE-BUF2\SEC-E.WPD\062496
11-6
B
STATE OF FLORIDA
I, the undersig~~_ ~uthQrity,: N t ry ~ublic ~ and for saidJ,Co,pntyanp State re y ce~ify ~~t _ [ c.
whose name as, .. .. -4 / of th ' ',' ." . / '(;;7);G
is signed to the foregoing instnunent who is known to me, acknowledged before me on t ,. 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.
Gi~en under my hand and seal thi~~y of /illJi:;;llA.~" 1996
"\\"~"~"'" MARILYN BEAL
!.~l:~..$I~~ MY C~lON /# CC316432 EXPlRES
~~ ~Ji Setltember 27 I 1997
~~.....~..'" BONO ED THf\U TROY FAIN INsuRANCE, INC.
"',Rr..~\\" ,
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11-7
DIVISION III
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DIVISION III
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111-1
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS.............. 111-6
SECTION 30 - AWARD AND EXECUTION OF CONTRACT ................... 111-9
SECTION 40 - SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III -10
SECTION 50 - CONTROL OF WORK ...................................... 111-14
SECTION 60 - CONTROL OF MATERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111-21
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC...... 111-24
SECTION 80 - PROSECUTION AND PROGRESS ............................ 111-35
SECTION 90 - MEASUREMENT AND PAYMENT ........................... 111-41
SECTION 100- SAFETY AND HEALTH REGULATIONS
FOR CONSTRUCTION ......'........................... 111-48
SECTION 110- GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS. . . . . . . . . . . . . . 111-48
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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 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal
Aviation Administration. (No AlP funds are included in this Project.)
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 ADVERTISEMENT. A public announcement, (Notice to Bidders) as required by local law,
inviting bids for work to be performed and materials to be furnished.
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 OPERA TI 0 NS 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
of 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 nleans 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 accept~ce, by the Owner, of the successful bidder's proposal.
10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to
guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner.
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III -1
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 \vith 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 contr~ct 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 illclude, 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 day~ stated in the proposal, allowed for
completion of the Contract, including authorized time extensions.
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 or
subsurface waters are collected and conducted from the airport area.
10-23 ENGINEER. The individual(s), partnership, firm, or corporation duly authorized by the
Owner (Sponsor) to act as the contractual representative.
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III - 2
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, F AA shall mean the Administrator or his duly authorized representative.
10-27 FDOT. 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.
10-31 LABORATORY. The official testing laboratories of the Owner or such other laboratories
as may be designated by tIle 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, markers,
floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft
landing at, takillg 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.
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III - 3
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. For Passenger Facilities Charges (PFC) contracts, the term
Applicant 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 PUBLIC CONSTRUCTION BOND. The approved form of security furnished by the
Contractor and his surety as a guaranty that he will pay in full all bills and accounts for materials and
labor used in the construction of the work and will complete the work in accordance with the
contract.
10-40 NOT USED IN THIS 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 GUARANTYIBID BOND. The security furnished with a proposal to
guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner.
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 materials 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
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111-4
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 manmade 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.
1 0-55 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 air~raft 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.
10-57 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or
Sunday on which the normal working forces of the Contractor may proceed with regular work for
at least 6 hours toward completion of the Contract. Unless work is suspended for causes beyond the
Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in
regular work, requiring the presence of an inspector, will be considered as working days.
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III - 5
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 NOTICE TO BIDDERS. An official notice to bidders stating the time and place for the
submission of sealed proposals on designated projects or proposed work. This notice shall contain
a description of the proposed work, instructions to the bidder regarding proposal forms, proposal
guaranty, Plans, Specifications, and the reservation of the right of the Owner to reject any or all bids.
20-02 PRE QUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory
evidence of llis 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. III addition, each bidder shall furnish the Owner satisfactory evidence of his 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 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 (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 oT State Highway Division prequalification may be submitted as evidence
of financial responsibility in lieu of the certified statements or reports hereinbefore specified.
20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal
forms. All papers bound with or attached to the proposal forms are necessary parts and must not
be detached. The Plans, Specifications, and other documents designated in the proposal form shall
be considered a part of the proposal whether attached or not.
20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a
proposal form to a prospective bidder should such bidder be in default for any of the following
reasons:
(a) Failure to comply with any prequalification regulations of the Owner, if such regulations
are cited, or otherwise included, in the proposal as a requirement for bidding.
(b) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former
contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder.
(c) Contractor default under previous contracts with the Owner.
(d) Unsatisfactory work on previous contracts with the Owner.
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III -6
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 AL TERA TION 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 hilDselfas 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 examination
of the boring logs and other records of subsurface investigations and tests that are furnished by the
Owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his proposal on the forms
furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where
indicated for each and every item for which a quantity is given. The bidder shall state the price
(written in ink or typed) both in words and numerals for which he proposes to do each pay item
furnished in the proposal. In case of conflict between words and numerals, the words, unless
obviously incorrect, shall govern.
The bidder shall sign his proposal correctly and in ink. If the proposal is made by an individual, his
name and post office address must be shown. If made by a partnership, the name and post office
address of each member of the partnership must be shown. If made by a corporation, the person
signing the proposal shall give the name of the state under the laws of which the corporation was
chartered and the name, titles, and business address of the president, secretary, and the treasurer.
Anyone signing a proposal as an agent shall file evidence of his authority to do so and that the
signature is binding upon the firm or corporation.
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III - 7
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 urlauthorized 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 PROPOSAL GUARANTYIBID BOND. Each separate proposal shall be accompanied by
a bid bond, certified check or other specified acceptable collateral, in the amount specified in the
proposal form. Such bond, check or collateral, shall be made payable to the Owner.
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed
envelope plainly marked with the project number, location of airport, and name and business address
of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked
as indicated above, should be enclosed in an additional envelope. No proposal will be considered
unless received at the place specified in the advertisement before the time specified for opening all
bids. Proposals received after the bid opening time shall be returned to the bidder unopened.
20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise
(by withdrawal of one proposal and submission of another) a proposal provided that the bidder's
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 bid~ shall be returned to the bidder unopened.
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III -8
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.
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 COl~TRACT. The award of a contract, ifit 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
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III - 9
been fully executed by all parties and is approved by the Owner in accordance with the subsection
titled APPROVAL OF CONTRACT of this section.
30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two
lowest bidders, will be returned immediately after the Owner has made a comparison of bids as
hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section.
Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an
award is made, at which time, the unsuccessful Bidder's proposal guaranty will be returned. The
successful bidder's proposal guaranty will be returned as soon as the Owner receives the Contract
Bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS.
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 sIlal1 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.
The successful bidder shall furnish separate performance and payment bonds each in the full bid
amount, unless otherwise specified in the Contract Documents.
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 successflJ 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 tIle 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.
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
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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 AL TERA TION 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. The Owner 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 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.
All supplemental agreements shall be approved by the FAA or FDOT, as applicable, and shall
~nclude valid wage determinations of the u.S. Secretary of Labor when the amount of the
supplemental agreement exceeds $2000. However, if the Contractor elects to waive the limitations
of 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. Security of
Labor wage determination as was included in the originally awarded Contract.
40-03 OMITTED ITEMS. The Owner may omit from the work any Contract item, except major
Contract items. Major Contract items may be omitted by a supplemental agreement. Such omission
of Contract items shall not invalidate any other Contract provision or requirement. Should a
Contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for
all work performed toward completion of such item prior to the date of the order to omit such item.
Payment for work performed shall be in accordance wit~ 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.
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When determined by the Owner to be in his 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 own operations and the
operations of all his subcontractors as specified in the subsection titled LIMIT A TION 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 own operations and the operations of all his subcontractors, the Contractor shall
provide marking, lighting, and other acceptable means of identifying: personnel; equipment;
vehicles; storage areas; and any work area or condition that may be hazardous to the operation of
aircraft, fire-rescue equipment, or maintenance vehicles at the airport.
When the Contract requires the maintenance of vehicular traffic on an existing road, street, or
highway during the Contractor's performance of work that is otherwise provided for in the Contract,
Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic
and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall
furnish erect, and maintain barricades, warning signs, flagmen, 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 hjs 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.
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40-06 REMOVAL OF F:XISTING 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 el1counter 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 option either:
( a) Use such material in another Contract item, providing such use is approved by the
Engineer and is in conformance with the Contract Specifications applicable to such use; or,
(b) Remove such material from the site, upon written approval of the Engineer; or
(c) Use such material for his 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 own expense, such material that is acceptable for use in
constructing embankment, backfills, or otherwise to the extent that such replacement material is
needed to complete the Contract work. The Contractor shall not be charged for his use of such
material so used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option (a), the Contractor shall be paid, at
the applicable Contract price, for furnishing and installing such material in accordance with
requirements of the Contract item in which the material is used.
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It is understood and agreed that the Contractor shall make no claim for delays by reason of his
exercise of option (a), (b), or (c).
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of
a structure \vhich 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.
40-08 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 witl1.in 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.
SECTION 50 - CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions
which may arise as to the quality and acceptability of materials furnished, work performed, and as
to the manner of performance and rate of progress of the work. He shall decide all questions which
may arise as to the interpretation of the specifications of 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 qualify 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) ill tbe Contact, 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 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 determination
that the affected work be accepted and remain in place. In this event, the Engineer will document
his determination and recomlnend 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 opinion, needed. Changes in the Contract price
shall be covered by COIltract 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
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otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written
orders.
For the purpose oftIlis 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
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.
F or the purpose of this subsection, the term "reasonably close conformity" is also intended to provide
the Engineer with tIle authority to used good engineering judgment in his determinations as to
acceptance of work that is not in strict conformity but will provide a finished product equal to or
better than that intended by the requirements of the Contract, Plans, and Specifications.
For AlP contracts, the Engineer should advise the Sponsor if he accepts work that is not in
"reasonably close conformity" to the Contract, Plans, and 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
or testing, and cited FAA advisory circulars; Contract general provisions shall govern over Plans,
cited standards for materials or testing, and cited F AA 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 interpretation and decision, and such decision shall be
final.
50-04 COOPERATION OF THE 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 an~ his inspectors and with other Contractors in very way possible. The
Engineer shall allocate the work and designate the sequence of construction in case of controversy
between Contractors. The Contractor shall have a competent superintendent on the work at all times
who is fully authorized as his 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 authorized representative.
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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 linlits of anyone project, each Contractor shall conduct
his 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 projects shall cooperate with each other as
directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection his Contract
and shall protect and save harmless the Owner from any and all damages or claims that may arise
because of inconvenience, delays, or loss experienced by him because of the presence and operations
of the other Contractors working within the limits of the same project.
The Contractor shall arrange his work and shall place and dispose of the materials being us~d so as
not to interfere with the operations of the other Contractors within the limits of the same project.
He shall join his work with that of the others in an acceptable manner and shall perform it in proper
sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and
vertical control only. The Contractor must establish all layout required for the construction of the
work. Such stakes aIId markings as the Engineer may set for either his own or the Contractor's
guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor,
or his 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 78 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 representative 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 decision.
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50-09 OBSERVATION 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 observation.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove
or uncover such portions of tile finished work as may be directed. After examination, the Contractor
shall restore said portions of the work to the standard required by Specifications. Should the work
thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the
covering or making good of the parts removed will be paid for as Extra Work; but should the work
so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the
covering or making good of the parts removed will be at the Contractor's expense.
Any work done or materials used without supervision or inspection by an authorized representative
of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's
representative failed to inspect after having been given reasonable notice in writing that the work
was to be 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.
5.0-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which
does not form to the requirements of the Contract, Plans, and Specifications will be considered
unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection
titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.
Ullacceptable 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 with any order of the Engineer made under the
provisions of this subsection, the Engineer will have authority to cause unacceptable work to
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.
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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
under construction shall be limited as directed. No loads will be permitted on a concrete pavement,
base, or structure before the expiration of the curing period. The Contractor shall be responsible for
all damage done by l1is hauling equipment and shall correct such damage at his 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 cost ofmailltenance work during construction and before the project is accepted shall be included
in th.~ 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 ill 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 condition 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 condition that exists. Any maintenance cost incurred by the Owner, shall be deducted from
monies due or to become due the Contractor.
50-14 PARTIAL ACCEPT AN CE. If any time during the prosecution of the project the Contractor
substantially complete a usable unit or portion of the work, the occupancy of which will benefit the
Owner, he may request the Engineer to examine the 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 review the complete project. If all construction
provided for and contemplated by the Contract is found to be completed in accordance with the
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Contract, Plans, and Specifications, such review shall constitute the final review. The Engineer shall
notify the Contractor in writing of final acceptance as of the date of the final review.
If, however, the review discloses any work, in whole or in part, as being unsatisfactory, the Engineer
will give the Contractor the necessary instructions for correction of same and the Contractor shall
immediately comply witn and execute such instructions. Upon correction of the work, another
review will be made which sllall constitute the final review, provided the work has been
satisfactorily conlpleted. 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 review.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. Iffor 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 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 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 constructed 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 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 form 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:
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a. The Contractor must publicly ad\Tertise 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 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
PA YMENT 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 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 tllat any water levels shown by the aforesaid core boring data will
necessarily by 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 prior to 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.
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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.
50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contact 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.
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 within 30 calendar days 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 COlltractor 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 F AA 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) 150/5345-53A, Airport Lighting Equipment
Certification Program, that is in effect on the date of advertisement; and,
(b) Produced by the manllfacturer qualified (by FAA) to produce such specified and listed
equipment.
Airport lighting equipment, if any, required for this Contract and to be furnished by the Contractor
in accordance with this subsection, is listed by equipment name, cited FAA specification, and
effective FAA Advisory Circular or approval letter for equipment and manufacturer in the Special
Provisions of this Contract.
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
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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 witll the cited standard methods of AASHTO or ASTM
which are current on the date of advertisement for bids will be made by and at the expense of the
Owner. Samples will be taken by a qualified representative of the Owner. All materials being used
are subject to inspection, test, or rejection at any time prior to or during incorporation into the work.
Copies of all tests will be furnished to the Contractor's representative at his request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when 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
~ertificate 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 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
metllods or materials to be used in the work and to obtain samples required for his acceptance of the
material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
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(a) The Engineer shall have the cooperation and assistance of the Contractor and the producer
with whom he has contracted for materials.
(b) The Engineer shall have full entry at all reasonable times to such parts of the plant that
concern the manufacture or production of the materials being furnished.
(c) If required by the Engineer, the Contractor shall arrange for adequate office or working
space that may be reasonably needed for conducting plant inspections. Office or working space
should be conveniently located with respect to the plant.
It is understood and agreed that the Owner shall have the right to retest any material which has been
tested and approved at the source of supply after it has been delivered to the site. The Engineer shall
have the right to reject only material which, \vhen 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
Engineer, for 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 tllat 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 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 inspectioll. 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
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nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise
shown on the Plans, the storage of materials and the location of the Contractor's plant and parked
equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for
storage purposes without written permission of the Owner or lessee of such property. The
Contractor shall make all arrangements and bear all expenses for the storage of materials on private
property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's
pemllSSlon.
All storage sites on private or airport property shall be restored to their original condition by the
Contractor at his entire expense, except as otherwise agreed to in writing by the owner or lessee of
the property.
60-08 UNACCEPT ABLE 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 OWller 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 dlle to the Contractor's handling, storage, or use of Owner-furnished materials.
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and
state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals
having any jurisdiction or authority, which in any manner affect those engaged or employed on the
work, or which in any way affect the conduct of the work. He shall at all times observe and comply
with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the
Owner and all his officers, agents, or servants against any claim or liability arising from or based on
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the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his
employees.
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and
licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and
lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required
or desires to use any design, device, material, or process covered by letters of patent or copyright,
he shall provide for sue11 use by suitable legal agreement with the patentee or Owner. The
Contractor and the surety shall indemnify and save hannless 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 durillg the prosecution or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. Except as listed in the
drawings, 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 work without the
written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of
another government agency be authorized to construct, reconstruct, or maintain such utility service
or facility during the progress of the work, the Contractor shall cooperate with such Owners by
arranging and performing the work in this Contract so as to facilitate such construction,
reconstruction or maintenance by others whether or not such work by others is listed elsewhere in
the Contract documents. 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.
70-05 FEDERAL AID PARTICIPATION. For AIP/WPI contracts, the United States
Government (FAA) and! or the State of Florida (FDOT) 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/FDOT. In consideration of the United Sates Government's (FAA)
and/or the State of Florida's (FDOT's) agreement with the Owner, the Owner has included
provisions in this Contract pursuant to the requirements of the Airport Improvement Act (Act) of
1982, as amended, and/or the Joint Participation Agreement (JP A) and the Rules and Regulations
of the F AA and FDOT that pertain to the work.
As required by the Act/JP A, the Contract work is subject to the inspection and approval of duly
authorized representatives of the FAA/FDOT, and is further subject to those provisions of the rules
and regulations that are cited in the Contract, Plans, or Specifications.
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No requirement of the Act/JP A, the rules and regulations implementing the ActJJP A, or this Contract
shall be construed as malang the United States GovernmentJState of Florida 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 SANIT ARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and
maintain in a neat, sanitary condition such accommodations for the use of his 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, 11azardous, or dangerous to his health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his operations
and those of his subcontractors and all suppliers, to assure the least inconvenience to the traveling
public. Under all circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic
with respect to his own operations and those of his subcontractors and all suppliers in accordance
with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and
shall limit such operations for the convenience and safety of the traveling public as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter.
70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall
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
sign3, and hazard markings shall be suitably illumjnated.
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, latest edition.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches,
excavations, temporary stock piles, and his parked construction equipment that may be hazardous
to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable
conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity, latest
edition.
The Contractor shall identify each motorized vehicle or piece of construction equipment in
reasonable conformance to FAA Advisory Circular 150/5370-2, latest edition.
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111-26
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 tlleir 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 repaired by the Contractor at no cost to the Owner.
From time to time when required, the Contractor shall be 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, including new
work. The Contractor shall be responsible for all damage resulting from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and
all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage
shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the
work or from any building, road, or other place of human occupancy.
The Contractor shall notify each property owner and public utility company having structures or
facilities in proximity to the site of the work of his intention to use explosives. Such notice shall be
given sufficiently in advance to enable them to take such steps as they may deem necessary to
protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport
property .
70-11 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 manner or
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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 non-execution thereof by the Contractor, he shall restore, at his 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 all
acceptable manner.
70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnif)r 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 contract as may be considered necessary by the Owner for such purpose may be retained for
the use of the Owner or, in case no money is due, his surety 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
b.y public liability and property damage insurance. The first ten dollars ($10.00) of remuneration
paid to the Contractor is for the indemnification provided for above.
70-13 rHIRD 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 completioll of the entire Contract, such "phasing" 6fthe 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. 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
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openings are considered to be inherent in the \vork 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 expense.
70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's fillal 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 aI1Y part
due to the action of the elements or from any other cause., whether arising from the execution or fronl
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 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 sodding furnished under his 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 SURF ACES
DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any
public or private utility service, FAA or National Oceanic and Atmospheric Administration
(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 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 and THE PERSON TO
CONTACT are indicated in the Special Provisions or General Notes.
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 responsibility to protect such existing features from damage
or unscheduled interruption of service.
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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 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 sh~ll be given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the responsibility of
the Contractor to keep such individual Owners advised of changes in his plan of operations that
would affect such owners.
Prior to commencing the \\?ork in the general vicinity of an existing utility service or facility, the
Contractor shall again notify each such Owner of his plan of operation. If, in the Contractor's
opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of
a representative of the Owner is desirable to observe the work, such advice should be included in the
notification. Such 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 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 restorati'on of service to any utility service or
facility due to his 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' 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 grante~ to him by this Contract, there shall be no
liability upon the Engineer, his authorized' representatives, or any officials of the Owner either
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III - 30
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
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 surety, or both, such overpayment
as may be sustained, or by failure on the part of the Contractor to fulfill his 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 including waters of the
Atlantic and Gulf of Mexico 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 aDd placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous ni"aterials 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 and cleaning; job clean up and disposal.
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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.
(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 governmental enforcing agent. ..
b. All applicable regulations of fish and Wildlife agencies and statues 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 are~ of 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 on time, for "dUs 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 stream from' construction operations.
f. The disturbance of lands and waters that are outside the limits of construction as staked
in 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.
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h. Water form 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 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 permaneI1.t 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 atomized 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 of 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.
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a. Minimum possible areas of open grading, borrow or aggregate excavation shall be
exposed at one time, consistent with the progress of the Work.
b. Grading areas shall be kept at proper moisture conditions.
c. Sand or dust blows shall be temporarily mulched, 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 mSTORICAL FINDINGS. Unless otherwise specified in
this 3ubsection, 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 operations, any building, part of a building, structure,
or object which is incongruous with its surroundings, he shall immediately cease operations in that
location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding
and will direct the Contractor to either resume his operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an
archaeological or historical finding, or order the Contra~tor to perform Extra Work, such shall be
covered by an appropriate contract modification (change order or supplemental agreement) as
provided in the subsectio~ titled EXTRA WORK of Section 40 and the subsection titled PAYMENT
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FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract
modification shall include an extension of Contract time in accordance with the subsection titled
DETERMINA nON AND EXTENSION OF CONTRACT TIME of Section 80.
70-22 NOT USED IN THIS CONTRACT.
70-23 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 Contractor, which certificates shall clearly indicate that the Contractor has
obtained insurance, in this type, amount and classification, in.strict compliance with this subsection.
70-24 SUBMI'ITAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and
shall be made a condition of all Subcontractors entered into pursuant to this Contract, that the
Contractor and any Subcontractor will submit to the Owner weekly, one copy of the Summary of
Wage Rates.
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 another designated, qualified representative who is duly authorized
to receive and execute orders of the Engineer.
Should the Contractor elect to assign his Contract, said assignment shall be concurred in by th.e
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 copie~ 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.
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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 calendar 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 will begin.
80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall
submit his progress schedule for the Engineer's approval within 10 days after the effective date of
the notice to proceed. Th~ 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 pro,'ide 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 operations to provide such additional materials, equipment, and labor necessary to
meet the revised schedule. Should the prosecution of the work be disc~ntinued for any reason, the
Contractor shall notify the Engineer at least 24 hours in advance of resuming operations.
The Contractor shall not commence any work prior to the date set forth in the notice to proceed.
80-05 LIMITATION OF OPERATIONS. The Contractor shall control his operations and the
operations of his subcontractors ~d all suppliers so as to provide for the free and unobstructed
movement of aircraft in the AIR OPERATIONS AREAS of the airport.
When tIle work requires the Contractor to conduct his operations within an AIR OPERATIONS
AREA of the airport, the work shall be coordinated with airport management (through the Engineer)
at least 48 hours prior to commencement of such work." The Contractor shall not close an AIR
OPERATIONS AREA until so 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 OPERA nONS AREA; immediately obey all
instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified
communications or to obey instructions shall be cause for suspension of the Contractor's operations
in the AIR OPERATIONS AREA until the satisfactory conditions are provided.
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.
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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
\\Torl:. Equipment used on any portion of the work shall be such that no injury to previously
completed work, adjacent property, or existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are not
prescribed in the Contract, the Contractor is free to use any methods or equipment that will
accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications.
When the Contract specifies the use of certain methods and equipment, such methods and equipment
shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method
or type of equipment other than specified in the Contract, he may request authority from the
Engineer to do so. The request shall be in writing and shall include a full description of the methods
and equipment proposed and of the reasons for desiring to make the change. If approval is given,
it will be on the condition that the Contractor will be fully responsible for producing work in
conformity with Contract requirements. If, after trial use of the substituted methods or equipment,
the Engineer determines that the work produced does not meet Contract requirements, the Contractor
shall discontinue the use of the substitute method or equipment and shall complete the remaining
work with the specified methods and equipment. The Contractor shall remove any deficient work
and replace it with work of specified quality, or take such other corrective action as the Engineer
may direct. No change "viII 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 Owner 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.
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~ 10, or from the airport.
80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of
calendar 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 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 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 un(ier 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 title FINAL ACCEPTANCE of Section 50.
(5) The Contractor will be allowed 1 week in which to file a written protest setting forth
his objections to the Engineer's weekly statement. If no objection is filed within such specified time,
the weekly statement shall be considered as acceptable to the Contractor.
Contract Time (stated in the proposal) is based on the originally estimated quantities as described
in the subsection titled INTERPRETATION OF PROPOSAL QUANTITIES of Section 20. Should
the satisfactory completion of the Contract require performance of work in greater quantities than
those estimated in the proposal, the Contract Time shall be increased in the same proportion as the
cost of the actually completed quantities bears to the cost of the originally estimated quantities in
the proposal. Such increase in Contract Time shall not consider either the cost of work or the
extension of Contract Time that has been covered by change order or supplemental agreement and
shall be made at time of final payment.
(b) Contract Time based on Calendar Days shall consist of the number of calendar days stated
in the Contract counting from the effective date of the notice to proceed and including all Saturdays,
Sundays, holidays, and non-work days. All Calendar Days elapsing between the effective dates of
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the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor,
shall be excluded.
At the time of fmal 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 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 request. The Contractor's plea that insufficient time was specified is not a valid
reason for extension of time. If the Engineer fmds 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 COMP~ETE ON TIME. For each calendar 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
dam~ges will be deducted from any money due or to become due the Contractor or his surety. Such
deducted sums shall not be deducted as a penalty but" shall be considered as liquidation of a
reasonable portion of damages that will be incurred by the Owner should the Contractor fail to
complete the work in the time provided in his Contract.
Permitting the Contractor to continue and finish the work or any part of it after th~ 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.
80-10 DEFAULT AND TERMINATION-OF CONTRACT. The Contractor shall be considered
in default of his Contract and such default will be considered as caus'e for the Owner to terminate
the Contract for any of the following reasons if the Contractor:
(a) Fails to begin the work under the Contract within the time specified in the "Notice to
Proceed," or
(b) Fails to 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
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(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, \Vithin a period of 10 days after such notice, does not proceed in
accordance therewiL'1, 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 \Vith. the cost of completing the work under
contract, \ViII be deducted from any monies due or which may become due the Contractor. If such
expense exceeds the sum which would have been payable under the Contract, then the Contractor
and the surety shall be liable and shall pay to the Owner the amount of such excess.
80-11 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 .~efore 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
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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~ excluding home office
overhead (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
incofporated 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
responsibilities for the completed work nor shall it relieve his surety of its obligation for and
concerning any just claim arising out of the work performed.
SECTION 90 - MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be
measured by the Engineer, or his authorized representatives, using units of measurement specified
in the Contract Documents.
The method of measurement and computations to be used in determination of quantities of material
furnished and of work performed under the Contract will be those methods generally recognized as
conforming to good Engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made
horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area
of9 square feet (1 sq. 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 o~herwise specified, all Contract items which are measured by the linear foot (meter) such
as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel
to the base or foundation upon which such items are placed.
In computing volumes of excavation the average end area method or other acceptable methods will
be used.
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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 of2,000 pounds (907 kilograms) avoirdupois. All
materials which are measured or proportioned by weights shall be weighed on accurate, approved
scales by competerlt, qualified personnel at locations designed by the Engineer. If material is
shipped by rail, the car weight may be accepted provided that only the actual weight of material be
paid for. However, car weights will not be acceptable for material to be passed through mixing
plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such
times as the Engineer directs, and each truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and
measured therein at the point of delivery. Vehicles for this purpose may be of any size or type
acceptable to the Engineer, provided that the body is of such shape that the actual contents may be
readily and accurately determined. All vehicles shall be loaded to at least their water level capacity,
and all loads shall be leveled when the vehicles arrive at the point of ~elivery. When requested by
the Contractor and approved by the Engineer in writing, material specified to be measured by the
cubic yard (meter) may be weighed, and such weights will be converted to cubic yards (meters) for
payment purposes. Factors for conversion from weight measurement to volume measurement will
be determined by the Engineer and shall be agreed to by the Contractor before such method of
measurement of pay quantities is used.
Bituminous materials will be measured by the gallon, ton or liter. When measured by volume, such
volumes will be measured at 600 F (150 C) or will be corrected to the volume at 600 F (150 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.
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111-42
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 EXT~\ 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.
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 s~dard 50-pound (23 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 th~ correct weight) will not be permitted to operate, and
all materials received subsequent to the last previous correct weighing-accuracy test will be reduced
by the percentage of error in excess of one-half of one 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
fumisr.ring 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.
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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 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.9F WORK ~~D QUANTITIES of Section 40, will be made f~r any increased
expense, loss of expected rei~bursement, or loss of anticipated profits suffered or 'claimed by the
Contractor which results directly from such alterations or indirectly from his unbalanced allocation
of overhead and profit among the contract, items, or from any other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED
ITEMS of Section 40, the Engineer shall have the right to omit from the work (order
nonperformance) any Contract item, except major Contract items, in the best interest of the Owner.
Should the Engineer omit or order nonperformance of a Contract item or portion of such item from
the work, the Contractor shall accept payment in full at the Contract prices for any work actually
completed and acceptable prior to the Engineer's order to omit or non-perform such Contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the
Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the
property of the Owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all
actual costs incurred for the purpose of performing the omitted Contract item prior to the date of the
Engineer's order. Such additional costs incurred by the Contractor must be directly related to the
deleted Contract item and shall be supported by certified statements by the Contractor as to the
nature the amount of such costs.
WP _ WPRO\W:\KEY-WEST\SPE-BUF3\SEC-I0.WPD\062196
III -44
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, excluding home office overhead.
a. Miscellaneous. No additional allowance will be made for general superintendence, the use
of small tools, or other costs for which no specific allowance is herein provided.
b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost
of force account work at the end of each day. Agreement shall be indicated by signature of the
Contractor and the Engineer or their duly authorized representatives.
c. Statements. No payment will be made for work performed on a force account basis until
the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such
force account work detailed as follows:
(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 Il1aterials were taken from his 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.
WP _ WPRO\M:\KEY -WES1\SPE-BUF3\SEC-l O. WPD\062S96
III -45
No partial payment \vill be made when the amount due the Contractor since the last estimate
amounts to less than five hundred dollars.
F rom the total of the amount determined to be payable on a partial payment, 1 0 percent of such total
amount will be deducted and retained by -:the Owner until the final payment is made, except as may
be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD
FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments.,
shall be certified for payment. Should the Contractor exercise his option, as provided in the
subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage
shall be deducted.
When not less than 95 percent of the work has been completed the Engineer may, at his 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',.
WP _ WPRO\W:\KEY-WES1\SPE-BUF3\SEC-JO,WPD\062 196
III -46
(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 responsibility for furnishing and
placing such materials in accordance with the requirements of the Contract, Plans, and
Specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price for
such materials or the Contract price for the contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled
materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. (Not used in this Contract'.)
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 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 ~e 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
ADmSTMENT 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
deducte" 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 ADmSTMENTS AND DISPUTES of Section 50 or under the provisions of
this subsection, such claims will be considered by the Owner in accordance with local laws or
ordinances. Upon final adjudication of such claims, any additional payment determined to be due
the Contractor will be paid pursuant to a supplemental final estimate.
WP _ WPRO\W:\KEY -WEST\SPE-BUF3\SEC-] O. WPD\062] 96
III -47
SECTION 100 - 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 7, "Summary of Quantities,
Safety and Security Notes".
SECTION 110 - 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 hislher own expense, insurance as specified
in the attached schedules, \vhich are made part of this contract. The C~ntractor 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 pro\'ide 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
WP _ WPRO\W:\KEY-WESn5PE-BUF3\SEC-I0.WPD\062196
III -4 8
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 by law.
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.
WP _ WPRO\W : \KEY -WES1\SPE-BUF3\SEC-l O. WPD\062196
III -49
To assist in the development of your proposal, the insurance coverages marked with an ~-xu \vill 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:
GLl $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $ 5 00,000/ occurrence
$ 50,000 property damage or
$500,000 combined single limit
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 limit
WP _ WPRO\M:\KEY-WEST\SPE-BUF3\SEC-10WPD\070896
III-50
Required Endorsement:
GLXC X Underground, Explosion & Collapse (XCD)
U
GLLIQ 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:
VLI $ 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 ,OOO,OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
VL4 X $5,000.,000 combined single limit
MISCELLANEOUS COVERAGES
BRI Builders' Risk Limits Equal to the risk completed project
MVC Motor Truck Cargo Limits Equal to the max. value of anyone shipment
PROI Professional Liability $250,OOO/occurrence
PR02 $500,OOO/occurrence
PR03 $1,OOO,OOO/occurrence
POLl Pollution Liability $500,OOO/occurrence
POL2 $1,OOO,OOO/occurrence
WP _ WPRO\M:\KEY-WES1\SPE-BUF3\SEC-JO.WPD\070896
III - 51
POL3 $5.000.000/occurrence
EDl Employee $10.000
ED2 Dishonesty $100,000
GKl Garage $300,000 ($25,000/vehicle)
GK2 Keepers $500,000 ($1 OO.OOO/vehicle)
GK3 $1.000,000 ($250.000/vehicle)
MEDI 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
HKLl Hangarkeepers' Liability $300,000
HKL2 $500,000
HKL3 $1,000,000
AIRl Aircraft Liability $25,000,000
AIR2 $1,000.000
AIR3 $1,000,000
AEOI Architects' Errors & Omissions $250,000/occurrence/$500,000 Agg.
AE02 $500,000/occurrence/$1,000,000 Agg.
AE03 $1 ,OOO,000/occurrence/$3 ,000.000 Agg.
WP _ WPRO\M:\KEY-WESl\SPE-BUF3\SEC-IO.WPD\070896
III-52
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding polic)':
POLICY: lJ/./J - / Of.) Lf / "7
DEDUCTIBLES:
if S'OQ
Liability policies are ~Occurrence _ Claims ~de (~~ ~._
DORSEY INSURANCE I. jl (C~ 1,A~' .!::J#
u. 524 Datura Street \...."..or __ _
Ir:~~k~J~~tMSP' Fl 33401 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.
zj .
..~~ .-. -'-, ,-r; .'-. !~ ~'.. 1'""" /).. '"J ,-I -., '-. ,...
I rLJ I' rc . (,,? ,lC(,J.,'( ( oJ. L-7,e.
~ Bidder I .;
'~~"~~~ ~~~~;\~
SIgnature ....\
WP _ WPRO\W :\KEY -WES1\SPE-BUF3\SEC-l O. WPD\062196
III - 5 3
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
Z · i ---
h. Jl("C "It>(' ~' {.., Au<re (:')'/'Ti (
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.
If the Contractor has been approved by the Florida's Department of Labor as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may 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.
WP _ WPRO\M:\KEY-WEST\SPE-BUF3\SEC-JO.WPD\070896
III-54
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
a~- ['7 j i-
,~. r . .,/~r J /C'e, ( ~ (.~t1 ct~t: '}?e L (~) .t-r7C
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)
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 tl1is contract. In
addition, the period for which claims may b~ 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.
WP _ WPRO\M\KEY-WES1\SPE-BUF3\SEC-IO.WPD\070896
III - 55
VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
/l-l:r:7:rr! {...o.,d<"ryX (L .7Jx:
. I
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
$5,000,00.0 per Occurrence
$ 100,000 Property D~age
.The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements_
WP _ WPRO\M:\KEY-WESnSPE-BUF3\SEC-JO.WPD\070896
III - 56
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
.Ii L '-- .... 1-.J' " -;- >
. '/. ;/' !, r::-r-' .( (...~< r)r/ccr(~ ( c.: " ..[/71 C
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 XCD (explosion, collapse and underground) exposures with
limits of liability equal to those of the General Liability Insurance Policy.
WP _ WPRO\ W:\KEY -WES1\SPE-BUF3\SEC- J O. WPD\062 J 96
III - 57
MONROE COUNTY, FLORIDA
Request for Waiver
of
Insqrance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
WP _ WPRO\M :\KEY - WEsnSPE-BUF3\SEC-l o. WPD\070896
III-58
DIVISION IV
SPECIAL PROVISIONS
SP-I PROJECT GENERAL REQUIREMENTS ........................... IV-l
SP-2 CONSTRUCTION PHASING AND WORK SEQUENCING ........... IV-IS
SP-3 CONTRACT TIME AND LIQUIDATED DAMAGES. . . . . . . . . . . . . . . . . IV-I6
SP-4 PROTECTION OF AIRPORT CABLES, CONTROLS, NA V AIDS
AND WEATHER BUREAU FACILITIES (NOT APPLICABLE) ....... IV-I7
SP-5 SAFETY AND SECURITY REQUIREMENTS ...................... IV-I8
SP-6 RESIDENT PROJECT INSPECTION .............................. IV -23
SP-7 LIST OF DRAWINGS ........................................... IV -24
SP-8 PRECEDENCE OF DOCUMENTS ................................ IV -25
SP-9 TEMPORARY FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV -26
SP-IO DEWATERING .............................. ~ .'. . . . . . . . . . . . . . . . . IV -31
SP-II MONROE COUNTY'S PROCEDURES FOR MONTHLY (pARTIAL)
AND FINAL PAY REQUESTS AND RELATED FORM............... IV-32
WP _ WPRO\M:\KEY-WESNPE-BUF4'YOC-DIV4.WPIW)62496
SPECIAL PROVISION NO. 1
PROJECT GENERAL REQUIREMENTS
1. S<:OPE OF WORK. The work under this project consists of the removal of Australian
PUles, Brazilian Pepper trees and other exotic/nuisance species. The planting of designated
sp1ecies and providing one year of exotic/nuisance species control. Providing and installing
privacy fence.
2. WORK LOCATION. The work is located on the Key West International Airport in
Monroe County, Florida.
3. WORK PHASING AND SEQUEN CIN G. Work phasing and sequencing requirements are
sti:pulated in Special Provision No.2 included hereinafter.
4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this
COlltract shall be completed within sixty (60) calendar days as stipulated in Special Provision
No.3.
5. PllANS. The plans included in this contract are listed in Special Provision No.7.
6. L()CATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All
existing cables, light fixtures, signs and related structures are to be protected by the
Contractor in accordance with the contract drawings and specifications.
7. PR~OTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor
shall be responsible for methods, means, materials and procedures necessary to protect all
existing facilities, property, asphalt 'and concrete pavements, structures, equipment., and
finishes from any and all damage whatsoever arising from the execution or non-execution
of the work of this project. .
The Contractor shall take all necessary precautions to protect asphalt and concrete pavement
surfaces when steel threaded equipme~t or vehicles are used. Rubber tires or treads shall be
used wherever possible.
The Contractor shall provide protective shoring and sheet piling, as required, at all existing
stnlctures, walls, and related items where they may be affected by installation of new work.
All conflicts discovered between existing underground utilities or structures and new fencing
or landscaping work shall be immediately brought to the attention of the Engineer who will
thell issue directions regarding a solution to the conflict(s).
8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades
and measurements necessary for the proper prosecution and control of the work and
contracted for under these specifications.
WP _ WPRO\F:\KEY-'-vES1\SPE-BUF4\PROV-RPT.WPD\06J496
IV-I
9. Vl~RIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with
construction, the Contractor shall familiarize himself as to the existing conditions. Should
the Contractor discover any inaccuracies, errors or omissions between the actual existing
co:nditions and the Contract Documents, he shall within seven (7) calendar days prior to Bid
OI>ening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held
as an acceptance of the existing conditions by the Contractor.
10. SAlFETY AND PROTECTION.
A. General Project Safety: Inasmuch as each work area may be accessible to and used
by the public, the Owner and other companies doing business at the Airport during the
construction period, it is the Contractor's responsibility to maintain each work area in
a safe, hazard free condition at all times. Should the Owner find the area unsafe at any
time, they will notify the Contractor, and the Contractor shall take whatever steps
necessary to remedy the unsafe condition. Should the Contractor not be immediately
available for corrective action, ~e Owner will remedy the problem and the Contractor
shall reimburse the Owner for the expense of such correction.
B. Airfield Safety and Security: Although work associated with the Vegetated Noise
Buffer Project will not take place within the secured (fenced) airfield area of the
Airport, should the Contractor enter upon said secured area, the Contractor shall
conduct all work in conformance with the Safety and Security requirements included
in Special Provision No.5.
C. Protection of Property: Fixed structures, equipment, paving, landscaping and
vehicles (automobiles, trucks, etc.) shall be protected (if required) with drop cloths,
shielding and other appropriate measures to ensure maximum protection of all property
and vehicles.
11. PR~-CONSTRUCTION CONFERENCE. Before beginning work at the site, the
Co:ntractor shall attend a pre-construction conference and bring with him the superintendent
employed for this project. In the event the Contractor is unable to attend, he shall send a
letter of introduction with the superintendent in which he advises the superintendent's full
narne and states that he is assigned to the project and will be in full responsible charge. This
corlference will be called by the Engineer or Resident Project Representative (RPR), who
will arrange for the Owner's representative and other interested parties to be present. At this
time, all parties will discuss the project under contract and prepare a program of procedure
in lceeping with requirements of the drawings and specifications. The superintendent will
herlceforth make every effort to expeditiously coordinate all phases of the work, including
the required reporting procedure, to obtain the end result within the full purpose and intent
of the drawings and specifications for the project.
12. CO~ORDINATION AND PROGRESS MEETINGS
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A. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold
weekly general project coordination and progress meetings at regularly scheduled times
convenient for all parties involved. These meetings are in addition to specific meetings
held for other purposes,- such as special project meetings and special preinstallation
meetings. The Engineer or RPR will require repre-sentation at each meeting by every
party currently involved in coordination or planning for the work of the entire project.
Meetings will be conducted in a manner which will resolve coordination problems.
B. The Engineer or RPR will record results of the meeting and distribute copies to
everyone in attendance and to others affected by decisions or actions resulting from
each meeting.
13. AI)MINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a
full-time Project Superintendent for the duration of the Project. He shall have a minimum of
five (5) years of experience on suitable projects of equal difficulty. The Project
Su:perintendent shall be at the construction site at all periods when work is in progress. This
person shall have full authority to act in the Contractor's behalf. It is agreed and understood
that, if requested in writing by the Owner, the Contractor shall replace any member of the
team with another meeting the required qualifications within three (3) days of the receipt of
the: request.
14. SPECIAL REPORTS.
A. Reporting Unusual Events: When an event of an unusual and significant nature
occurs at the site, Contractor shall prepare and submit a special report to the Engineer.
List chain of events, persons participating, response by the Contractor's personnel, an
evaluation of the results or effects and similar pertinent information. Advise the Owner
and Engineer as soon as possible when such events are known.
B. Submit special reports directly to the Owner within one day of occurrence. Submit a
copy of the report to the Engineer and other entities that are affected by the occurrence
within one day of the occurrence.
15. SCHEDULE OF WORK
A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for
the work.
B. Progress schedules shall relate to the entire project to the extent required by the
Contract Documents and shall provide for expeditious and practicable execution of the
work.
C. Progress schedules shall be updated monthly.
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D. Percent complete shall be based on actual construction in place or dollar volume of the
work. If dollar volume of the work reflects the greater percent complete" the maximum
percent complete shall in no case exceed 5 percent of the value of the in-place
construction.
16. P~~OGRESS SCHEDULE.
A. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance~
the Contractor shall submit his preliminary construction schedule indicating a
comprehen-sive overview of the Project including an activity line for each of the work
segments to be performed at the site.
17. M1UNTENANCE OF SCHEDULE~ The Contractor's Progress Schedule must be updated
on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications
for Payment. The updated Progress Schedule shall not only indicate revisions to the
Sclledule for upcoming work but show "as-built" schedule progress data. The Engineer will
not: recommend for payment, by the Owner, an Application for Payment without the
Co:ntractor's submission of a Monthly Schedule Update.
18. CFlANGES IN THE SCHEDULE.
A. Minor Changes: Each week, prior to the weekly coordination meeting, during the
time of the contract, the Contractor shall notify the Engineer of any minor changes that
are anticipated in the schedule for the following week.
B. Major Changes: If for any reason, a major change in the approved schedule is
anticipated, the Contractor shall make the necessary changes to the schedule and
resubmit the revised schedule for approval."
Copies of the approved schedule shall be posted in the Contractor's field office with
completed work identified in colored pencil.
19. M)lINTENANCE OF TRAFFIC.
A. The Contractor shall not obstruct nor create a hazard to any traffic _ -during the
prosecution of the work and shall be responsible for repair of all damage to existing
pavement or facilities caused by his operations.
B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for
maintenance of traffic shall begin on the day he starts the work and continue until
Final Completion and Acceptance of the Project.
C. Sections Not Requiring Traffic Maintenan~e: the Contractor will not be required to
maintain traffic over those portions of the Project where no work is to be accomplished
or where construction operations will not affect aircraft operations. The Contractor~
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however~ shall not obstruct nor create a hazard to any traffic during the prosecution of
the work and shall be responsible for repair of any damage to existing pavement or
facilities caused by his operations.
D. Traffic During Construction: All construction vehicles are required to use existing
traffic routes. Normal traffic lanes are not to be used as staging areas for arriving
delivery vehicles. The Contractor's employees shall utilize the designated Contractor
employee parking area.
E. Contractor Signing: The Contractor may furnish and install construction traffic
directional signs along the existing traffic route. The signs shall depict Contractor's
logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to
have 6" high message and shall be located at each decision point. All signs arId their
locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE
PERMITTED.
F. Material Deliveries: The Contractor shall make his own m~terial and equipment
deliveries. No deliveries shall be made by vendors or suppliers without escort by a
representative of the Contractor.
G. Notification: On days when construction traffic is expected to be extra heavy or when
oversized pieces of equipment are to be delivered, give minimum forty-eight (48)
hours notice to the Engineer.
H. All Contractor's material orders for 'delivery to the work site will use as a delivery
address, the street name and number assigned to the access point onto the airport. The
name "KEY WEST INTERNATIONAL AIRPORT" shall not be used in the delivery
address at any time. This will preclude delivery trucks from entering into aircraft
operations areas inadvertently. All Contractor material orders for the work site shall
be delivered to the areas designated as the Contractor's receiving area. All deliveries
shall be made only during the Contractor's working hours.
I. Interference Request:
1) The Contractor shall be responsible for notifying the Owner in writing and
securing approval for any and all interruptions or interference with traffic
(pedestrian, automobile, or other necessary function of the Airport or any of the
Airlines).
2) The request shall include a traffic control plan indicating barricades, lighting and
flagmen where required.
3) Such notification shall be made as soon as possible but in no case less than 48
hours prior to interference.
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4) It is suggested that the Contractor utilize a standard form addressed to the Owner
with a blank space for a description of the interference, the exact area affected_
the exact times and dates the interference will take place and blanks for the
Owner's approval. The forms shall be submitted in duplicate. No interference
will be allowed until the Contractor has received back a copy of the approved
interference request form.
J. Personnel Traffic:
1) General: All construction personnel shall be restricted to construction areas.
2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for
taking their "work breaks" or "lunch breaks". Areas for this purpose can be
designated by the Owner upon request. No public toilets shall be used by any
workmen at any time unless approved by the Engineer and/or Owner.
20. D)lIL Y CLEAN-UP AND TRASH REMOVAL.
A. Debris from this work shall be promptly removed from the site at least daily. It shall
not be allowed to become a hazard to the safety of the public.
B. The Contractor shall be responsible for clean-up and trash.removal. Accumulation of
trash and debris will not be allowed and the Engineer or RPR may at any time direct
the Contractor to immediately remove his trash and debris from the site of the work
when in the opinion of the Owner such trash constitutes a nuisance or in any way
hinders the work or the Airports operations. If the Contractor should fail to remove
his trash and debris from the site of the work in a timely manner, the Owner may have
this work performed and deduct the cost of such from Contractor's payment.
21. CIIEANING AND PROTECTION.
A. General: During handling and installation of work at the project site, clean and protect
work in progress and adjoining work on the basis of continuous daily maintenance.
Apply protective covering on installed work to ensure freedom from damage or
deterioration.
B. Clean and perform maintenance on installed work as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable components
to ensure operability without damaging effects.
C. Limiting Exposure of Work: To the extent possible through appropriate control and
protection methods, supervise performance of the work in such a manner and by such
means which will ensure that none of the work, whether completed or in progress, will
be subjected to harmful, dangerous, damaging or otherwise deleterious exposure
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during the construction period. Such exposures include, where applicable" but not by
way of limitation the following:
1) Excessive static or dynamic loading
2) Excessive internal or external pressures
3) Solvents
4) Chemicals
5) Light
6) Puncture
7) Abrasion
8) Heavy Traffic
9) Soiling
10) Combustion
11) Improper shipping or handling
12) Theft
13 ) Vandalism
D. Protection of Improvements:
1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's
property not requiring work by the Contract Documents that is damaged by the
Contractor's operations shall be immediately repaired. Repaired surfaces and
materials sh~l match existing adjacent undamaged surfaces and materials.
Repair work shall be coordinated with the Engineer and Owner with regard to
time and method.
2) Accidental Demolition: All structures or parts thereof that may become
damaged due to accident'or Contractor's error shall be restored to their original
condition at no cost to the Owner. Materials and equipment being used in the
repair or replacement resulting from damage shall be new and shall perform at
the manufacturer's published capacities. If the existing equipment or materials
cannot be identified, or if unavailable, the selection of the replacement will be
subject to approval by t~e Engineer in writing.
22. PROJECT DOCUMENTATION.
A. Project Drawings: The successful Contractor will be furnished, at no charge, three
(3) copies of drawings' and specifications. Additional copies may be purchased at
actual cost of reproduction.
A field set of drawings and specifications shall remain on the job site at all times and
shall be available at all times to the Engineer. The field set shall be continuously
updated to reflect the "as-built" condition of all work included in this Contract.
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The Contractor shall immediately include plainly and conspicuously on the field set
of drawings, and at appropriate paragraphs in the specifications, all changes or
corrections made by addenda and change orders as they are issued.
Approved copies of all shop drawings arid other submittals are to be kept on the job
site at all times and shall be available at all times to the Engineer.
Changes and deviations from the existing conditions shall be submitted in writing for
approval prior to installation. In no case shall any unspecified equipment or materials
be installed without prior approval by the Engineer.
B. Record Documents:
1) Definition: Record copies are defined to include thos~ . documents or copies
relating directly to performance of the work, which the Contractor is required to
prepare or maintain for. the Owner's records, recording the work as actually
performed. In particular, record copies show changes in the work in relation to
the way in which shown and specified by the original contract documents; and
show additional information of value to the Owner's records, but not indicated
by the original Contract -Documents. Record copies include newly-prepared
drawings (if any are specified), marked-up copies of contract drawings, shop
drawings, specifications, addenda and change orders, marked-up product data
submittals, record samples, field records for variable and concealed conditions
such as ex~avations and foundations, and miscellaneous record information on
work which is otherwise recorded only schematically or not at all.
2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the
job site. These shall be kept legible and current and shall be available for
inspection at all times -by the Engineer. Show all changes or work added on
these Record Drawings in a contrasting color.
a) Mark-up Procedure: During progress of the work, maintain a white-print
set (blue-line or black-line) of contract drawings and shop drawings, with
mark-up of actual installations which vary substantially from the work as
originally shown. Mark whatever drawing is most capable of showing
actual physical condition., fully and accurately. Where shop drawings are
marked up, mark cross-reference on contract drawings at.corresponding
location. Mark with erasable colored pencil, using separate colors where
feasible to distinguish between changes for different categories of work
at the same general location. Mark-up important additional information
which was either shown schematically or omitted from original drawings.
Give particular attention to informa-tion on work concealed, which would
be difficult to identify or measure and record at a later date. Note alternate
numbers., change order numbers and similar identification. Require each
person preparing the mark-up to initial and date the mark-up and indicate
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the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2
inch high letters.
In sho\\ring. 'changes in the work use the same legends as used on the
original drawings. Indicate exact locations by dimensions and exact
elevations by job datum. Give dimensions from a permanent point.
b) Preparation of Transparencies: In preparation for certification of
substantial completion on the last major portion of the work" revie\\r the
completed mark-up of record drawings and shop drawings with the
Engineer. The Engineer will then proceed with preparation of a full set of
corrected transparencies for contract drawings. The Engineer will date
each updated drawing and label each sheet "PROJECT RECORD" in I-
1/2 inch high letters. Printing as required herein is the responsibility of
the Engineer.
c) Copies, Distribution: Upon completion of transparency record drawings,
the Engineer shall prepare three blue-line or black-line prints of each
drawing, regardless of whether changes and additional information were
recorded thereon. The Engineer shall then organize each of three copies
into manageable sets, bind with durable paper cover sheets, and print suit-
able titles and dates. The mark-up set of prints maintained during the
construction period shall be bound in the same manner. The Engineer will
retain one copy set. At the completion of the project, the Engineer shall
submit one set ofmylars and one set of prints, with changes noted thereon,
to the Owner.
3) Record Drawings shall contain the names, addresses and phone numbers of the
General Contractor and the major sub-contractors.
4) The Engineer shall be the sole judge of the accept-ability of the Record
Drawings. Receipt and acceptance of the As-Built drawings is a pre-requisite
for Final Payment.
C. Record Specifications
1) During progress of the work, maintain one copy' of specifications, including
addenda, change orders and similar modifications issued in printed form during
construction, mark-up variations (of substance) in actual work in comparison
with text of specifications and modifications as issued. Give particular attention
to substitutions, selection of options, and similar information on work where it
is concealed or cannot otherwise be readily discerned at a later date by direct
observation. Note related record drawing information and product data where
applicable. Upon completion of the mark-up, submit to the Engineer for the
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Owner's records. Label the front cover "PROJECT RECORD" in 1-1/2 inch
high letters.
2) Where the manual is printed on one side of the page only., mark variations on
blank left-hand page,s of the Project Manual, facing printed right-hand pages
containing original text affected by variation.
D. Record Product Data
During progress of the work, maintain one copy of each product data submittaL and
mark-up significant variations in the actual work in comparison with submitted
information. Include both variations in product as delivered to site, and variations
from manufacturer's instructions" and recommendations for installation. Give particular
attention to concealed products and portions of the work which cannot otherwise be
readily discerned at a later date by direct observation. Note related change orders and
mark-up of record drawings and specifications. Upon completion of the mark-up,
submit the complete set of product data submittals to Engineer for the Owner's records.
Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters.
E. Record Sample Submittal
Immediately prior to the date(s) of substantial completion, the Engineer and Owner's
personnel will meet with the Contractor on site, and will determine if any of the
submitted samples maintained by the Contractor during progress of the work are to be
transmitted to the Owner for record purposes. Comply with the Engineer's instructions
for packaging, identification marking, and delivery to the Owner's sample storage
space. Dispose of other samples in the manner specified for disposal of surplus and
waste materials, unless otherwise indicated by the Engineer.
F. Miscellaneous Record Submittals
Refer to other sections of these specifications for requirements of miscellaneous
record-keeping and submittals in connection. with actual performance of the work.
Immediately prior to the date(s) of substantial completion, complete miscellaneous
records and place in good order, properly identified and bound or filed, ready for conti-
nued use and reference. Submit to the Engineer for the Owner's records. Categories
of requirements resulting in miscellaneous work records are recognized to include, but
are not limited to, the following:
1) Required field records on any excavations, foundations underground
construction, wells and similar work.
2) Concrete mix certifications.
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3) Manufacturer's certifications that all fence component materials conform to
specified ASTM specifications. Certifications shall be accompanied by reports
containing the test results for which the certifications are made~
G. Project Close-out
Close-out is hereby defmed to include general requirements near end of Contract Time'l
in preparation for final acceptance, final payment, normal termination of contract'l
occupancy by the Owner and similar actions evidencing completion of the work.
Specific requirements for individual units of work are specified in other sections.
Time of close-out is directly related to substantial completion, and therefore may be
a single time period for the entire work or a series of time periods for individual parts
of the work which have been certified as substantially complete at different dates. The
time variation, if any, shall be applicable to other provisions of this section.
H. Prerequisites to Substantial Completion
1) Prior to requesting the Engineer's inspection for certification of substantial
completion, for either entire work or portions thereof, complete the following
and list known exceptions in request:
a) In progress payment request coincident with, or first following the date
claimed, show 100% completion for the portion of work claimed as
"substantially completed", or list incomplete items, value of
incompleteness, and reaSons for being incomplete.
b) Include supporting documentation for completion as indicated in the
Contract Documents. .
c) Submit statement showing accounting of changes to the Contract Sum.
d) Advise the Owner of pending insurance change-over requirements, if
required.
e) Obtain and submit releases enabling the Owner's full and unrestricted use
of the work and access to services and utilities, including, where required,
occupancy permits, operating certificates, and similar releases.
f) Deliver tools, spare parts, extra stocks of materials and similar physical
items to the Owner.
g) Make final change-over of locks and transmit keys to the Owner, and
advise Owner's personnel of change-over in security provisions.
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h) Discontinue, or change over and remove from project site.. temporary
facilities and services, along with construction tools and facilities, mock-
ups, barricades and similar elements.
2) Inspection Procedures: Upon receipt of the Con-tractor's request, the Engineer
will proceed with inspection or advise the Contractor of prerequisites not
fulfilled. Following initial inspection, the Engineer will prepare a Certificate of
Substantial Completion or advise the Contractor of work which must be
performed prior to issuance of the Certificate and will perform a repeat
inspection when requested and assured by the Contractor that the work has been
substantially completed. Results of the completed inspection will form an initial
"punchlist" for final acceptance.
I. Prerequisites to Final Acceptance
1) Prior to requesting the Engineer's final inspection for certification of final
acceptance as required by the General Provisions, the Contractor shall complete
the following and list known exceptions in the request:
a. Submit certified copy of the Engineer's final punchlist of itemized work
to be completed or corrected, stating that each item has been completed or
otherwise resolved for acceptance, endorsed and dated by the Engineer.
b. Complete final cleaning up requirements, including touch-up of marred
surfaces.
c. Touch-up and otherwise repair and restore marred exposed finishes.
2) Re-inspection Procedures: Following Substantial Completion, the Contractor
shall correct or remedy all Punchlist items to the satisfaction of the Engineer and
Owner within a two (2) week period after the Date of Substantial Completion.
If subsequent inspections are necessary after the two week period in order to
eliminate all deficiencies, the cost of all subsequent inspections with respect to
the Owner and Engineer's time shall be paid by the Contractor. When ready, the
Contractor shall request in writing a final inspection of the work. Upon
completion of reinspection, the Engineer will prepare a Certificate of Final
Acceptance or advise the Contractor of work not completed or obligations not
fulfilled as required for Final Acceptance. If necessary, the procedures will be
repeated.
J. Prerequisites to Final Payment
1) Final Payment: Final Payment will be made after final acceptance of the project
by the Engineer and Owner upon request by the Contractor on condition that the
Contractor:
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a} Furnish properly executed complete releases of lien from all materialmen
and subcontractors who have furnished materials or labor for the Work
and submit supporting documentation not previously submitted and
accepted. Include certificates of insurance for products and completed
operations where required.
b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all
materialmen and subcontractors have been paid in full. In the event they
have not been paid in full, the Owner shall retain a sufficient sum to pay
them in full and at his option may make direct payment as provided in
Chapter 84, Florida Statutes, as amended, to obtain complete releases of
lien.
c) Furnish Contractor's Affidavit of Debts and Claims (2 copies).
d) Furnish required sets of record drawings and maintenance and operating
instructions of new mechanical equipment.
e) Furnish guarantees signed by subcontractors, material suppliers, and
countersigned by the Contractor for operating equipment.
f) Submit specific warranties, workmanship-maintenance bonds,
maintenance agreements, final certifications and similar documents.
g) Furnish a signed guarantee, in form acceptable to Engineer and Owner
agreeing to repair or replace as decided by the Engineer, all work and
materials that prove defective within one (1) year (or more) from the date
of final acceptance, including restoration of all other work damaged in
making such repairs or replacements.
h) Furnish consent of Surety to final payment.
i) Submit updated fm~ statement, accounting for final changes to Contract
Sum.
j) Submit evidence offinal, conti~uing insurance coverage complying with
insurance requirements.
k) Certify that all Social Security, Unemployment and all other taxes (City,
State, Federal Government) have been paid.
1) Provide receipt, as applicable, of affidavits certifying all labor standards
of local, State, or Federal requirements have been complied with by the
Contractor.
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m) Submit actual DBE participation percentages.
K. Record Document Submittals
Specific requirements for record documents are shown in the section~ PROJECT
RECORD DOCUMENTS. Other requirements are indicated in the General
Provisions. General submittal requirements are indicated in "Submittals" sections. Do
not use record documents for construction purposes; protect from deterioration and
loss in a secure, fire-resistive location; provide access to record documents for the
Engineer's reference during normal working hours.
23. FIJ~AL CLEANING.
A. Provide final cleaning of the work, at the time indicated, consi~ting of cleaning each
surface or unit of work to normal "clean" condition.
B. Removal of Protection: Remove temporary protection devices and facilities which
were installed during the course of the work to protect previous completed work during
the remainder of the construction period.
c. Compliances: Comply with safety standards and governing regulations for cleaning
operations. Do not burn waste materials at site, bury debris or excess materials on
Owner's property. Do not discharge volatile or other harmful or dangerous materials
into drainage sy~tems. Remove waste materials from site and dispose of in a lawful
manner.
Where extra materials of value remaining after the completion of the associated work
have become the Owner's property, dispose of these as directed by Owner.
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SPECIAL PROVISION NO.2
CONSTRUCTION PHASING AND WORK SEQUENCING
PHASING
The Contractor shall submit a construction progress schedule to the Engineer in accordance with
Section 16 of Special Provision No.1. The progress schedule shall indicate the phasing and work
sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the
construction progress schedule has been approved by the Engineer.
WORK SEQUENCING
It is antici:pated that the work will be accomplished according to the following sequence:.
1. ~;ubmittal and approval of shop drawings, materials or related construction items.
2. ~v1obilization and layout of the proposed work.
3. ~;elective Clearing and Grubbing of Australian Pines and Brazilian Pepper trees, and
removal of other exotic/nuisance species as designated by the Engineer.
4. I)reparation of areas for planting.
5. I)lanting of designated species.
6. Installation of privacy fence.
7. Substantial completion review.
8. F~inal site clean-up.
9. F~inal completion review and acceptance.
WORK LIMITS
The Contractor's work operations shall be limited to the "limits of construction" as indicated on the
Plans unless otherwise authorized by the Engineer.
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SPECIAL PROVISION NO.3
CONTRACT TIME AND LIQUIDATED DAMAGES
CONTRACT TIME
The Contractor shall be required to complete all work included in this contract within sixty (60)
calendar d.ays from the effective date of the Notice-to-Proceed.
LIOUIDA TED DAMAGES
If the work included in this contract is not completed within the contract time stated above, the
Contractor will be assessed liquidated damages of SIX HUNDRED DOLLARS ($400.00) for each
calendar day the work overruns the allotted contract time.
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NOT APPLICABLE
SPECIAL PROVISION NO.4
PROTECTION OF AIRPORT CABLES, CONTROLS, NA V AIDS
AND WEATHER BUREAU FACILITIES
A. Trle Contractor is hereby informed that there may be installed on the Airport F AA
Nj\ V AIDS including, without limitation, airfield lighting systems, electric cables and
co:ntrols relating to such NA V AIDS and facilities. Such NA V AIDS and other facilities and
elt~ctric cables must be fully protected during the entire construction time. Work under this
co:ntract can be accomplished in the vicinity of these facilities and cables only at approved
periods of time.
AI)proval is subject to withdrawal at any time because of change in the weather, emergency
co]t1ditions on the existing airfield areas, anticipation of emergency conditions, and for any
otller reason determined by the Resident Project Representative (RPR) acting under the
or(lers and instructions of the airport management and the designated FAA representative.
ArlY instructions to this contractor to clear any given area at any time by the RPR or the
Airport Management shall be immediately executed. Construction work will be commenced
in the cleared area only when additional instructions.~e issued by the Engineer.
B. Power and control cables leading to and from any FAA NA V AIDS and other facilities have
be(~n located and shown from best available information and are approximate. The
Contractor shall verify actual locations. Through the entire time of this construction, the
Contractor shall not allow any construction equipment to cross power and control cables
lea.ding to and from any F AA NA V AIDS or other facilities without first protecting the cable
with steel boiler plate, or similar structural devices, on three (3') feet either side of the
marked cable route. All excavation within three (3') feet of existing cables shall be
ac(~omplished by hand digging only.
c. . This Special Provision intends to make perfectly clear the need for protection of FAA
N)~ V AIDS and other facilities and cables by this contractor at all times.
D. The Contractor shall immediately repair, at his own expense, with identical material by
skilled workmen, any underground cables serving FAA NA V AIDS and other airpOI1
facilities, which are damaged by his workmen, equipment, or work. Prior approval of the
F AA mus~ be obtained for the materials, workmen, time of day or night, method of repairs,
an~l for any temporary or permanent repairs the Contractor proposed to make to any F AA
NAlV AIDS and facilities damaged by the Contractor. Prior approval of the Engineer must
be obtained for the materials, workmen, time of day or night, and for the method of repairs
for any temporary or permanent repairs the Contractor proposes to make to any other airport
facilities and cables damaged by this Contractor. Should the repair require splicing, it shall
be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to
apJ)roval by the Engineer.
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SPECIAL PROVISION NO.5
SAFETY AND SECURITY REOUIREMENTS
(Ref.: FAA Advisory Circular 150/5370-2C)
A. SAI~ETY REOUIREMENTS
1. Construction SeQuencin~. All construction being accomplished under this contract shall
be in accordance with the sequencing indicated on the drawings.
2. Radio Communications. When working in an Air Operations Area (AOA), whether
closed or not, the Contractor shall maintain communications by two-way radio with the
Airport UNICOM during all hours of operations. The Contractor's radios shall operate
on the local UNICOM control frequency of 122.95 and FAA's ATCT ground control
frequency of 121.9. The radio operator shall be trained on the use of the radio, including
the terminology normally used on airports for ground con~ol communications. If the
Contractor is operating in more than one general area on the airport at the same time,
additional radios shall be provided to allow coordination of work activities with the
UNICOM operator.
In addition to the above requirements for radios for use by.Contractor's personnel, the
Contractor shall pro~ide a similar two-way radio for exclusive use by the Resident
Inspector during normal working hours throughout the contract time period.
3. Construction Activity and Aircraft Movements. During the time that the Contractor is
performing the work under this project, the Airport will remain in use by aircraft except
as provided herein. To the extent feasible and convenient, in the opinion of the Engineer,
the use by aircraft of runways and taxiways adjacent to areas where the Contractor is
working will be so scheduled as to reduce disturbance to the Contractor's operations.
Aircraft operations, unless otherwise specified in the contract specifications, shall always
have priority over any and all of the Contractor's operations and the Contractor shall not
allow his employees, subcontractors, materialmen or any other persons over whom he
has control, to enter or remain upon or allow any plant or materials to be brought or
remain upon any part of the airport which, in the opinion of the Engineer, would be a
hazardous location.
Should aprons, runways or taxiways be required for use of aircraft and should the
Engineer or Resident Inspector deem the Contractor to be too close to the portion used
by aircraft for safety, he may in his sole discretion order the Contractor to suspend his
operations, remove his personnel, plant, equipment and materials to a safe distance and
stand by until the runway and taxiways are no longer required for use by aircraft.
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IV -18
4. Limitations of Construction
a. All Contractor vehicles that are authorized to operate on the Airport outside of the
designated construction area limits or haul routes as specified on the plans and in
the active Aircraft Operations Area (AOA) shall display in full view above the
vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard
color being l' square. Any vehicle operating in the active AOA during the hours
of darkness shall be equipped with a flashing amber (yellow) dome-type light
mounted on top of the vehicle and of such intensity to conform to local codes for
maintenance and emergenc.y vehicles.
b. All Contractor vehicles that are required to cross active runways, taxiways and
approach clear zones shall do so under direct control of a flagman. The flagman
shall be trained and instructed by Airport Operations in the regulations governing
operations on the AOA and the Airport. The flagman shall remain with his vehicle
at all times. Flagman shall be furnished by the Contractor. All aircraft traffic on
runwa)'s, taxiways and aprons shall have priority over Contractor's traffic.
c. No runway~ taxiway apron or aircraft roadway shall be closed without written
approval of the Airport Manager to enable necessary "Notices to Airman"
(NOT AM) or advisories to airport service or tenants. A minimum of 48 hours'
notice of requested closing shall be directed to the Engineer who will coordinate
the request with the Airport Manager.
d. Any construction activity within 200' of an active runway centerline or 94' from an
active taxiway centerline or open excavations in excess of three inches (3 ") deep
within the above areas will ~equire closure of the affected runway or taxiway unless
othetwise approved by the Airport Manager. Closure requires the same provisions
as Paragraph c. above.
e. Open flames, welding or torch-cutting operations are prohibited unless adequate
fire and safety precautions have been taken and the procedure approved by the
Airport Manager.
f. Stockpiled material shall be constrained in a manner to prevent movement resulting
from aircraft blast or wind conditions in excess of 10 knots.
g. Open trenclles~ excavation and stockpiled material located in the AOA shall be
prominently marked with flags and lighted by approved light units during hours of
visibility and darkness.
h. The Contractor must provide his authorized personnel with radios operating on the
local Air Traffic Control Tower's ground control frequency of 121.4 for clearance
when crossing active runways or taxiways.
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IV -19
I. Contractor to provide barricades across pavement to isolate construction activities
from aircraft operating areas at locations as determined by the Resident Inspector.
Barricades to be orange and white striped "saw-horse" or "low-silhouette" type
barri-cades with battery operated yell~w flashing lights. Each barricade shall have
a minimum of two flashing lights with the intensity of the lights being of such
brightness so as to be readily identified during darkness periods. Barricades to be
spaced approximately 20' on centers. Barricades to be sandbagged as necessary to
prevent heing blown over. Barricades shall be removed at individual locations as
paving in the area is completed. Cost ofbmricades shall be incidental and included
in the mobilization cost.
J. During runway closures, the Contractor shall provide temporary runway closure
markers on each runway end (over runway numerals) in accordance with the
special provisions of these specifications unless otherwise approved by the
Engineer.
k. Equipment and materials shall not be left on or within 400' from active runway
centerlines and 93' from active taxiway centerlines after work operations are ceased
each \vork shift.
1. The Contractor shall keep all active airfield pavement clear of all debris, stones and
other materials during construction. All active pavement shall be cleaned and
." inspected by the Contractor's superintendent prior to release of work crews after
each shift of.work.
m. All construction barricades shall be inspected by the Contractor's superintendent
prior to release of work crews after each work shift to ensure barricades are
properl)' placed and lighted for non-work hours.
n. Open trenches, excavation and stockpiled material will not be allowed within 200'
of centerline of active runways or within 84' of active taxiways. Coverings for
open trenches must be of such strength as to support the weight of a 60,000 pound
gross weight aircraft on an FAA dual-gear type undercarriage.
o. All existing facilities, equipment (runway/taxiway lights, visual aids, NA V AIDS,
etc.) and underground utilities shall be carefully protected by the Contractor. Any
damage to these items caused by the Contractor or Subcontractors shall be
immediately repaired and restored to a condition similar or equal to the original
condition.
5. Payment. No separate payment shall be made for the safety requirements stated above.
.L~ll costs necessary to provide these items or services shall be included in other bid items
quoted in the Bid Proposal.
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IV-20
B. SECURITY REOUIREMENTS
1. General Intent. It is intended that the Contractor shall comply with all security
requirements specified herein. The Contractor shall designate to the Engineer in writing
the name of his "Contractor Security Officer" (CSO). The CSO shall represent the
Contractor on the security requirements of the contract.
2. Construction Security Committee. The Committee shall be established concurrent with
the life of this contract to monitor, coordinate and adopt new security provisions, if
required, on all matters of airport security relating to this contract. Meetings shall be
scheduled by the Resident Inspector. Committee membership shall include the
"Contractor Security Officers", Resident Inspector and Airport Operations.
3. Contractor Personnel Security Orientation. The Contractor Security Officer shall be
responsible for briefing all contractor personnel on these requirements. All new
contractor employees shall be briefed on these requirements prior to working in the
construction area.
4. Identification of Personnel. The Contractor shall furnish the Resident Inspector, prior
to the Notice to Proceed, with a list of all personnel who will be assigned to the project.
The Contractor ,viII assign a number to each person on his list and furnish each
individual with that number signed by a member of the fIrm which has the authorization
to authorize his pres~nce on the job. Each person shall display his identification at all
times and he will not be permitted on the job without said identification. The
identification shall be in the form of a badge showing his number, photograph and other
information which the Owner may require.
5. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor
and subcontractor vehicles authorized to operate on the site. Vehicle permits shall be
assigned in a manner to assure positive identification of the unit at all times. In lieu of
issuing individual permits, the CSO can require each vehicle to display a large company
sign on both sides ~f vehicles and advise Airport Operations, through the Resident
Inspector, a current list of companies authorized to enter and conduct work on the
Airport. Contractor employee personal vehicles are not allowed on the airfield at any
time.
6. Contractor Personnel Security Orientation. The Contractor Security Officer shall be
responsible for briefing all contractor personnel on these requirements and, from time to
time, other security provisions adopted by the Construction Security Committee. All
new contractor employees shall be briefed on these requirements prior to working in the
construction area.
7. Access to the Site. Contractor's access to the site shall be as shown on the plans or as
directed by the Engineer or Resident Inspector. All contractor traffic authorized to enter
the site shall be experienced in the route or guided by contractor personnel. The
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IV -21
Contractor shall be responsible for traffic control to and from the various construction
areas on the site. The Contractor shall not permit any unauthorized construction
personnel or traffic on the site. The Contractor is responsible for immediate clean-up of
any debris deposited along the access route as a result of his construction traffic.
Directional signing at the acc~ss gate and along the delivery route to the storage area or
work site shall be directed by the Engineer.
8. Materials Delivery to the Site. All Contractor's material orders for delivery to the site
must be escorted by the Contractor. This will preclude delivery trucks from entering into
the Airport or taking shortcuts through the perimeter gates and entering into aircraft
operations areas inadvertently.
9. Construction Area Limits. The limits of construction, material storage areas, equipment
storage area, parking area and other areas defined as required for the Contractor's
exclusive use during construction shall be marked. The Contractor shall erect and
maintain around the perimeter of these areas suitable fencing, marking and/or warning
devices visible for day/night use.
10. Payment. No separate payment for the above security requirements shall be made. All
costs necessary to cover these items and services shall be included as part of other bid
items quoted in the Bid Proposal.
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IV-22
SPECIAL PROVISION NO.6
RESIDENT PROJECT INSPECTION
1. ON-;SITE OBSERVATION. The Resident Project Observation for this contract shall be
performed by the Owner or his duly authorized representative.
2. DU1'IES OF RESIDENT PROJECT REPRESENTATIVE (RPR). The RPR's duties and
responsibilities are to:
a. Monitor performance of the Contractor; require correction of work that does not meet
plans and specifications; and report serious problems to the Engineer and Owner.
b. Determine test sites/locations, coordinate and supervise testing.
c. Interpret plans and specification details.
d. Resolve minor construction problems.
e. Maintain project records.
f. Review and approve requests for payment to the Contractor.
g. Conduct day-to-day construction observations.
h. Maintain a project diary on a daily basis.
I. Maintain up-to-date records on quantities of work performed and quantities of materials
in place.
J · Contact the Owner or the Engineer for advice and assistance when needed and when
major problems arise.
k. Recommend to the Owner or the Engineer when a Change Order or Supplemental
Agreement is required.
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IV-23
SPECIAL PROVISION NO.7
LIST OF DRAWINGS
The drawings which show the location, character, dimensions and details of the work to be done and
which are to be considered as a part of the contract supplementary to the specifications are as
follows:
SlIm Description
1 Cover Sheet
2 Site Survey
3 Cross Sections
4 Summary of Quantities & General Notes
5 Aerial Reference Plan
6 Exotic Removal Plan
7 Landscape Plan
8 Landscape Details
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IV-24
SPECIAL PROVISION NO.8
PRECEDENCE OF DOCUMENTS
1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions,
Specifications, Plans and all referenced Standards cited in these documents are essential parts
of the contraCt requirements. A requirement occurring in one is as binding as though occurring
in all. They are intended to be complementary to describe and provide for a complete work.
2. ORDER OF PRECEDENCE. In case of conflicts within the above mentioned documents,
the order of precedence shall be as follows:
A. Bid Documents (Division I)(including any and all Addenda)
B. Contract (Division II)
c. Special Provisions (Division IV)
D. Technical Specifications (Division V)
E. General Provisions (Division III)
F. Plans (large scale detail drawings over smaller scale general drawings)
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IV-25
SPECIAL PROVISION NO.9
TEMPORARY FACILITIES
1. GENERAL DEFINITIONS
A. This section specifies certain minimum temporary facilities to be provided regardless
of methods and means selected for performance of the work but not by way of
limitation and not assured for compliance with governing regulations. Use of
alternate temporary facilities may be permitted subject to the Engineer's and Owner's
approval and acceptance.
B. Energy Considerations: Administer the use of temporary facilities in a manner which
conserves energy but without delaying work or endangering" persons or property;
comply with reasonable requests by the Engineer and Owner.
C. Costs: Except as otherwise indicated, costs associated with temporary facilities are
the Contractor's. Temporary facilities remain the property and responsibility of the
Contractor.
D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to
other areas of the airport complex.
E. Noise Control:. Where work is being conducted in or adjacent to occupied areas, the
Contractor shall make every effort to keep construction noise to a minimum.
F. Fire Protection: In addition to temporary water service for construction and the
placing of permanent fire protection facilities in operating condition at earliest
feasible date, provide fire extinguishers of types and sizes recommended by NFP A
or any other governing authority or agency.
Provide Type A extinguishers in field offices and for similar exposures, Type ABC
in construction areas. Locate extinguishers near each entrance. Prohibit smoking
except in marked, non-hazardous areas. Smoking in existing premises is prohibited.
G. Environmental Protection: Review exposure to possible environmental problems
with the Engineer and Owner. Establish procedures and discipline among tradesmen
and provide needed facilities which will protect against environmental problems
(pollution of air, water and soil, excessive noise and similar problems).
2. TEMPORARY PROTECTION
Provide facilities and services as necessary to effectively protect project from losses and
persons from injury during the course of construction.
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IV-26
The existing utilities shall not be modified for use by the Contractor. Do not interrupt
existing services serving occupied or used facilities except when authorized in writing by the
Owner. Provide temporary services during interruptions to existing utilities as acceptable
to the Owner.
The Contractor shall furnish electrical and water utilities as required and provide temporary
power, telephone and system connections where required by the Owner to continue operation
of existing equipment or systems during construction.
3. TEMPORARY STAGING/STORAGE AREAS
A. The Contractor may provide a trailer or prototype building field office for his own use.
The location of the field office or building must be approved by the Engineer and
Owner. All costs for connection to utilities shall be paid for by the Contractor.
Equipment not in use during construction, nights and/or holidays shall be parked in
areas designated by the Engineer and Owner. Construction workers' private vehicles
shall be parked within the areas.
B. During construction, the Contractor shall maintain these areas in a neat condition.
The Contractor's vehicles, equipment and materials shall be stored in the areas
designated by the Engineer. Upon completion of the work, the staging and storage
areas shall be cleaned up and returned to their original condition to the satisfaction of
the Owner. Remove all construction fencing and barricades from the project site. No
special payment will be made for clean-up and restoration of the storage area.
Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers
of vehicles b~ing operated beyond this area shall be subject to loss of permission to
enter the construction site.
C. If additional storage areas are needed, the Contractor may request it from the Engineer.
The request will be. reviewed on the basis of what is to be stored and the area needed.
The Contractor shall provide any necessary fencing and/or security.
4. TEMPORARY CONSTRUCTION FACILITIES
A. De-watering: Maintain construction work free of water accumulation. Do not
endanger the work or adjacent properties.
B. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders,
runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary
partitions and similar items.
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IV -27
5. TEMPORARY SUPPORT FACILITIES
A. General: Provide facilities and services as may be needed to properly support the
primary construction process and meet governing regulations.
B. Drinking Water: Provide either pipe-connected potable water fountains or electric
cooled bottled water fountains or insulated potable water containers in work areas
spaced so that personnel at the site will travel no more than 300 feet.
c. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging
and storage areas located on the drawings for the use of workmen during the entire
period of construction. Temporary facilities shall be furnished at a minimum ratio of
one toilet for each 25 workmen or as required by local governing code, whichever is
greater. The toilets shall be portable, chemical type or water-borne type connected to
an approved existing sanitary sewer.
Toilets shall be placed or installed in conformity with local governing code
requirements and shall be enclosed in a weather-tight, fly-proofbuilding with a self-
closing door. The building shall be tied down to prevent overturning by wind. Provide
standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue.
The premises shall be thoroughly disinfected at least twice each week. Provide means
for locking the door from the outside and keep locked at all times except during hours
that workmen are at the project site.
6. TEMPORARY UTILITY SERVICES
A. The Contractor shall coordinate the requirements for temporary utilities with the
Owner and shall install at the Contractor's expense all necessary utilities in a safe,
acceptable manner. Should leaks, breaks,. etc. occur during installation or use, the
Contractor shall immediately notify the appropriate utility personnel and promptly
repair the utility so as to keep disruption of service to a minimum.
B. The Contractor shall provide temporary wiring ifrequired. All wiring shall meet all
safety requirements of the National Electrical Code, Florida Department of Commerce,
Bureau ofWorkmens' Compensation or local requirements. In addition, all wire shall
be so. sized that it is not overloaded according to the National Electrical Code and all
wire used shall be fused to adequately protect that wire according to the Code referred
to.
C. The Contractor shall provide all temporary lines and connections from existing sources
of water as required for the work. The Contractor is responsible for proper drainage
of water used.
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IV -28
D. The Contractor shall furnish all temporary wiring, piping connections and other
apparatus that is needed to operate the utilities and shall remove all evidence of same
when work is complete.
E. The Contractor is responsible for obtaining and paying for all utilities that he requires
at the project site.
7. STAGING, STOCKPILE AND SPOIL AREAS
The staging area(s) depicted on the plans shall be used to house the Contractor's and Resident
Inspector's offices and to store all idle equipment, supplies and construction materials (other
than bulk materials such as aggregate, sand and soil).
The Contractor may erect and maintain throughout the life of this contract, at his expense,
a six-foot high fence of chain link fabric around the perimeter of each staging area used. He
may also install vehicle and pedestrian gates as necessary to provide adequate ingresS/egress.
Additionally, the perimeter of any staging area which abuts an actiye operation pavement
shall be marked with yellow flashing barricades no more than 50 feet apart.
Upon completion of all work, remove all construction fencing and barricades from the
project site.
The Contractor's vehicles, equipment and materials shall be stored in the area designated on
the plans. Upon completion of the work, the storage area shall be cleaned up and returned
to its original condition to the satisfaction of the Owner.
Personal services will not be permitted beyond the Contractor's parking area. Drivers of
vehicles being operated beyond this area shall be subject to loss of permission to enter the
construction site.
Equipment not in use during construction, nights and/or holidays will be parked in the
Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely
necessary. Parking of construction workers' private vehicles shall also be within the staging
area construction fence.
Stockpile areas shall be used to store all bulk materials needed for the project. Yellow
flashing barricades shall be installed where potential conflicts with air or ground vehicular
~affic might occur.
Separate stockpiles shall be created for the project construction. Separate stockpiles shall
be created for structural soil and topsoil. Stockpiles shall not penetrate the F AR Part 77
imaginary surfaces.
All other waste material, including rubble and debris, shall be removed from the Project Site
at the Contractor's expense.
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IV-29
. .
No stockpile areas to store all bulk materials for the project are provided. Material removed
by excavation, such as concrete, asphalt and debris, will be transported off the Project Site
when it is taken up. It will not be stockpiled on Airport property.
The Contractor shall provide all necessary temporary environmental controls as directed by
the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the
environment from erosion of any stockpile areas.
The cost for these temporary environmental controls shall be considered incidental to the
project.
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IV-3D
SPECIAL PROVISION NO. 10
DEWATERING
Dewatering operations and any permits necessary to complete any portion of this projec~ including,
but not limited to, fence\gate post excavation, backfill, installation of fencing and gate materials shall
be considered incidental to the bid item for which de-watering may be necessary.
No separate payment will be made for the cost of dewatering.
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IV -31
SPECIAL PROVISION NO. 11
MONROE COUNTY'S PROCEDURES FOR MONTHLY (pARTIAL)
AND FINAL PAY REQUESTS AND RELATED FORMS
In addition to the requirements for payments (partial and Final) stipulated in General Provisions
(Division III) Section 90 "MEASUREMENT AND PAYMENT' and in Special Provision No. 1
"PROJECT GENERAL REQUIREMENTS" Section 22 (Division IV), the Contractor shall comply
with the Monthly and Final Pay Request Procedures shown on the enclosed (page IV -42) County
of Monroe letter issued by Mr. William A. Bibo, A.I.A., Monroe County Construction Manager.
All pay requests shall be prepared by the Contractor on the forms and within the time frames
stipulated in the County Procedures unless otherwise approved by the Engineer and Owner.
Pay Requests shall be submitted in two (2) originals and two (2) copies (one copy to Engineer and
one copy to County Construction Manager) unless otherwise instructed by the Engineer.
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IV-32
DIVISION V
TECHNICAL SPECIFICATIONS
LANDSCAPING
............................................. .............
CHAIN LINK GATES .....................................................
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V-I
V-I
SECTION V
Tec~Dical Specifications
LANDSCAPING
Governing specifications: State of Florida, Department of Transportation Standard
Specifications for Road and Bridge Construction, 1991 edition as amended,
Section 580 - Landscaping, unless otherwise indicated or specified.
CHAIN LINK GATES
All work shall conform to Section 550 - FENCING and Section 966-METAL FENCING
MATERIALS of the Florida Department of Transportation (FOOT) Standard Specifications
for Road and Bridge Construction, 1991 Edition, as amended.
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V-I
APPENDICES
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APPENDIX "A"
[NOT INCLUDED]
APPENDIX "B"
MODIFICATIONS TO STANDARDS
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APPENDIX "B"
DEVIA TIONSIMODIFICA TIONS TO STANDARDS
The following deviations/modifications to the January 1995 Edition to the Florida Department of
Transportation (FDOn "Standard Specifications for Construction of General Aviation Airports, for
Serving Aircraft with a Gross Weight of 60,000 Pounds or Less" have been included in the project:
Modifications to General PrQvisions (J)ivision I)
1. Modification No.1: SECTION 10 - DEFINITION OF TERMS
a. 10-03 AlP - ADD: "(No AlP funds are included in this project)"
Justification: Only PFC and FOOT funds are included in this project.
b. 10-18 CONTRACT DOCUMENTS - DELETE definition in its entirety and substitute
the following:
"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
Co~tract form; the Proposal; the Schedule of Bid Items; the Proposal Bond; the
Contract Bond; ~e Labor and Materials Bond; any required insurance'certificates; the
General and Special Provisions; the Technical Specifications; the Plans; any addenda
issued to bidder; and any Change Orders issued to the Contractor."
Justification: The new wording more clearly defines the items included in the Contract
Documents.
c. ADDNew Item "10-27 FDOT. The State of Florida Department of Transportation."
Justification: Existing standard does not define FDOT.
d. CHANGE existin~ Items "1 0-27 throu~h 10-56" to "10-28 through 1 0-57" to reflect
the addition of new Item "10-27 FDOT'.
2. Modification No.2: SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS
a. Section 20-02 - PreQualifications of Bidders
DELETE third paragraph beginning with "Each bidder" and ending with "opening
bids" in its entirety.
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lof5
Justification: Qualifications of Prime Bidder shall be submitted with the bid
submission in order for the Owner to expedite the contract award process.
b. In the first sentence of" Section 30-02 - CONTRACT AWARD, CHANGE "30
calendar days" to "90 calendar days".
Justification: The bid documents require the bidder to guarantee bid prices for 90 days
to allow sufficient time for proper bid evaluation and contract award concurrence by
the FAA, FDOT and Monroe County.
3. Modification No.3: ADD new SECTION "50-18 - CONTRACT CLOSE-OUT' as follows:
"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 AFFIDA VIT OF
PAYMENT OF CLAIMS AND DEBTS on the fonn furnished by the Engineer.
c. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO
FINAL PAYMENT on the fonn 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 fmal
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 25."
Justification: Section .50-18 added to add and/or clarify project close-out documents and
action items required by the Owner and Engineer prior to fmal payment to the Contractor.
4. Modification No.4: CHANGE the numbering of existing Sections "50-18 through 50-20"
to "50-19 through 50-21" to accommodate the addition of new Item 50-18.
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20f5
5. Modification No.5: SECTION 60 - CONTROL OF MATERIALS as follows:
a. In the fourth para~ph of Section 60-01 SOURCE OF SUPPLY AND QUALITY
REQUIREMENTS CHANGE "150/5345-1, Approved Airport Equipment" to read
"150/5345-53A, Airport L~ghting Equipment Certification Program".
Justification: FAA Advisory Circular 150/5345-1 has been replaced by 150/5345-53A.
b. To the end of Section 60-08 UNACCEPTABLE MATERIALS ADD the following:
"Per Section 255.40, 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 "fmanced with public funds or is constructed for the
express purpose of being leased to any governmental entity."
Justification: State of Florida Statutory requirement for all construction using state or
local funds.
6. Modification No.6: SECTION 90 - MEASUREMENT AND PAYMENT as follows:
a. DELETE Section 90-08 FA YMENT OF WITHHELD FUNDS in its entirety.
Justification: The setting up of an escrow account for the 10% retainage from partial
payments to the Contractor will not be allowed on this project.
7. Modification No.7: DELETE SECTION 100 - CONTRACTOR QUALITY CONTROL
PROGRAM and SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF
MATERIAL WITHIN SPECIFICATION LIMITS in their entirety.
Justification: No airfield pavement is included in this project, therefore, Sections 100 and
110 are not applicable to the work included in this project.
8. Modification No.8: ADD new SECTION 100 - SAFETY AND HEALTH REGULA nONS
FOR CONSTRUCTION. (See Contract General Provisions for wording.)
Justification: Required by local procurement regulations.
9. Modification No.9: ADD new SECTION 110 - GENERAL INSURANCE
REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. (See Contract
General Provisions for wording.)
Justification: Insurance requirements and limits required by Monroe County for construction'
contracts.
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Modifications to Technical Specifications (J)ivision V)
I. Modification No. I: ADD the following new Section:
"ITEM M-I00 - MOBILIZATION
100-1 DESCRIPTION
The work specified in this section consists of the preparatory work and operations in
mobilizing for beginning work on the project, including but not limited to those operations
necessary for the movement of personnel, equipment, supplies and incidentals to the project
site and for the establishment of temporary offices, buildings, safety equipment and first aid
supplies, sanitary and other facilities as required by these specifications, the special
provisions and state and local laws and regulations. The costs of bonds and any required
insurance and any other preconstruction expense necessary for the start of the work,
excluding the cost of construction materials, shall also be included in this section.
100-2 BASIS OF PAYMENT
100-2.1 The work and incidental costs specified as being covered under this section will be
paid for at the contract lump sum price for the item of Mobilization.
Payment shall be made under:
Item No. M-IOO-I
Mobilization -- lump sum
100-2.2 Partial Payments
.Partial payments will be made in accordance with the following:
OA. of Orig.
Contract Amt.
Earned
Allowable 0/0
of Lump Sum
Price of Item*
5
10
25
50
25
50
75
100
· Partial payments for any project"will be limited to 10% of the original contract amount
for that project. Any remaining amount will be paid upon completion of all work on the
project.
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The retainage will be applied to these allowances. Partial payments made on this item shall
in no way act to preclude or limit any of the provisions for partial payments otherwise
provided for by the contract.
Justification: No mobilization specification is included in the Standards. This item is needed
to isolate the job mobilization items and costs so bids can be easily analyzed. Without this
item, the Contractor could include mobilization costs in selected bid items thereby resulting
in an unbalanced bid.
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