04/16/1997
MARATHON AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
TO
MODIFICATIONS TO EXISTING
CHILLER PLANT
FOOT WPI PROJECT No. 6826717
URS Greiner Contact No. C502520.57
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Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Prepared by:
URS GREINER, INC.
February 27, 1997
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CONTRACT DOCUMENTS
MODIFICATIONS TO EXISTING
CHILLER PLANT
MARATHON AIRPORT
MONROE COUNTY, FLORIDA
FOOT WPI PROJECT No. 6826717
URS Greiner Contract No. C502520.57
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR. KEITH DOUGLASS, DISTRICT 4
MR. JACK lONDON, DISTRICT 2
MS. WilHELMINA HARVEY, DISTRICT 1
MS. SHIRLEY FREEMAN, DISTRICT 3
MS. MARY K. REICH, DISTRICT 5
Prepared by:
URS GREINER, INC.
February 27, 1997
MAYOR
VICE-MA YOR
MEMBER
MEMBER
MEMBER
TABLE OF CONTENTS
Division I
Bid Documents
Division II
Contract
Division III
General Provisions
DIVISION I
BID DOCUMENTS
SECTION A - INVITATION FOR BIDS.............................. 1-2
SECTION B - INSTRUCTIONS TO BIDDERS.......................... 1-4
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................ I -15
SECTION D - BID BOND........................................ I - 2 0
SECTION E - DRUG-FREE WORK PLACE............................ I-23
SECTION F - PRIME BIDDER'S QUALIFICATIONS................... 1-25
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES.................. 1-27
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM........... 1-29
SECTION I - THIS SECTION NOT USED............................I-30
SECTION J - THIS SECTION NOT USED........................... I-31
SECTION K - THIS SECTION NOT USED............................ 1-32
SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990..... I-33
I-l
SECTION A
INVITATION FOR BIDS
Sealed bids will be received by the Monroe County Board of County
Commissioners until Bid date to be determined for the furnishing of
all labor and materials and performing all work for constructing
the following contract:
Modifications to Existing Chiller Plant
Marathon 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:
Inst:allation of new condenser in existing 80 Ton chiller,
installation of a new cooling tower and associated piping for
chiller interface and water/chemical feed and installation of
new condenser water pump.
Copies of the bidding documents (Contract Documents) may be
obtained from URS Greiner, Inc., 5805 N.W. 11th Street, Suite 340,
Miami, Florida, 33126-2034, Telephone 305/262-7466, upon payment of
$35.00 tC) URB Greiner, Inc., which will not be refunded. No plans
and speci.fications will be issued to contractors later than twenty-
four (24) hours prior to the time indicated above for receiving
bids. No partial sets of plans will be issued.
Bids must be submitted upon the forms contained in the Contract
Documents. Guarantee will be required with each bid as follows:
At least 5% of the amount of the bid shall be filed in the form of
a certified check or bid bond payable to the Monroe County Board of
Commissi()ners.
A public construction bond will be required for 100% of the
contract price.
1-2
No bids will be considered unless the bidder is properly qualified
to submit a proposal for this construction in accordance with all
applicable laws of the State of Florida. This shall include
evidence of possession of a current license from the State
Licensing Board for General Contractors, Tallahassee, Florida.
Non-residents of the state, if a corporation, shall show evidence
of qualification by the Secretary of State to do business in
Florida.
No bid E;hall be withdrawn for a period of ninety (90) days
subsequent to the opening of bids without the consent of the Owner.
The right: is reserved to reject any or all bids and to waive
informalities in the bidding.
Any quest:ions shall be directed to Pam Conway of URS Greiner at
(305) 262-7466.
1-3
SECTION B
INSTRUCTIONS TO BIDDERS
1 . CONTENTS OF CONTRACT DOCUMENTS:
PrOI)Osal forms are contained in these Contract Documents. All
papE~rs 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
Boal:,d of County Commissioner.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK:
The bidder shall examine carefully the site of the work and
the Contract Documents and he shall investigate and satisfy
himself as to the conditions to be encountered, as to the
character, quality and quantity of work to be performed and
matE~rials 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
bidcier has complied with these requirements.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the meaning of any part o~ the
proposed Contract Documents, he may submit to the Engineer,
URS Greiner, Inc., 5805 N.W. 11th Street, Suite 340, Miami,
Florida, 33126-2034, a written request for an interpretation
of the proposed documents. Such interpretations will be made
onl], by Addenda and a copy of each Addendum will be mailed or
delivered to each bidder receiving a set of such Contract
Docllments. Requests for interpretation will be accepted up to
seven (7) days prior to the bid due date.
1-4
4 . ADDENDA:
Any Addenda issued during the preparation of bids shall be
included in the Proposal and shall become a part of the
Cont:ract Documents. Subcontractor's attention must be called
to t:hese changes as well as to the effect Addenda may have on
their work.
5. PREPARATION OF PROPOSAL:
Prot:>osals shall be submitted on the Proposal Form contained in
these Contract Documents. Each blank space in the Proposal
Form shall be filled in correctly and the bidder shall state
the price for which he proposes to do the work written in ink.
The bidder will be responsible for all errors or omissions in
his Proposal. Each bidder shall sign his Proposal correctly
in ink. If the bidder is an individual, his name and post
office address must be shown. If a firm or partnership, the
name and post office address of each member of the firm or
partnership must be shown. If a corporation, the Proposal
must designate the state under the laws of which the
COrI)Oration 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 t.he 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
tota.l bid amount in the appropriate place on the Proposal
Fornrl.
.AII 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
1-5
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 t~e extension amount,
the unit price will govern. In case of discrepancy between
the unit price in words and figures, the words shall govern.
The sum of the correct extension amounts will be the contract
bid price.
6. ALTERNATE BIDS:
Where alternate designs are provided by the plans and
proposal, the bidder shall enter prices only on the items for
the design alternate that will be most economical for him to
construct and other bid items that will be common for all
alternates. The bidder shall enter the words "No Bid" in the
unit price column on items for the design alternates not
selE~cted .
If any item on the proposal form permits a choice between
al tE~rnate specified types of materials, the bidder shall
indicate by a checkmark the type of material he proposes to
use. If more than one type or none is checked, the Owner will
make the selection.
Whel:-e alternate designs are provided for which bids area
called for on each alternate, the bidder shall furnish bid
prices for each of the alternates. Failure to do this may be
grounds for rejection of the proposal.
7. REJECTION OF PROPOSALS:
Proposals may be rejected if they show any alteration of form,
additions not called for, conditional or alternate bids or
irregularities of any kind. Proposals in which prices are
obviously unbalanced may be rejected. The Owner reserves the
right to waive minor irregularities in any bid.
8. BID PRICE:
The price bid shall cover the cost of furnishing of all
matE=rials, tools, labor, transportation, local, state and
fedE~ral taxes, Old Age Benefits, Social Security, services and
equipment necessary to perform the work in full conformity
1-6
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 QF CONTRACT:
The award of the contract, if it be awarded, will be made by
the Owner to the lowest responsible bidder whose proposal
meets the requirements thereof. The award, if made, will be
made within ninety (90) days after opening of the proposal but
no award will be made until the responsibility of the bidder
to ~^,hom it is proposed to award the contract has been
investigated. Notice of award will be mailed by the Owner to
the successful bidder at the address stated in his proposal.
11. RETURN OF BID BOND:
All bid bonds except those of the two lowest qualified bidders
will be returned promptly after the tabulation of the bids has
been made and in no case will a bid bond be held longer than
ninety (90) days without the bidder's written consent.
12. EXECUTION OF CONTRACT:
The successful bidder will be required to execute the contract
and furnish bond within ten (10) days of date of notice to
award. In the case of a corporation, the officer or agent to
execute the contract must be designated in a power of attorney
executed by the Board of Directors and duly certified by the
Secretary and bearing the seal of the corporation. When the
successful bidder is a partnership, the power of attorney
designating one member of the firm to execute the contract
shall be filed with the Owner. Such power of attorney must
bear the signature of the other members of the firm and must
be executed before a notary.
Any officer or agent signing on behalf of the surety company
bonding the contractor will be required to file a power of
attorney with the bond executed and will be required to affix
1-7
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
filE~d with the proposal shall become the property of the
OwnE~r. 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
GenE~ral Provisions. All shall fully complete performance
wi tllin fourteen (14) calendar days from the commencement of
work for Marathon Airport.
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
pro:ject shall include the following fully executed documents:
A. Bid Proposal Contract (Division I, Section C, Pages 1-12
and 1-13)
B. Schedule of Bid Items (Division I, Section C, Pages 1-14
through 1-17)
C. Bid Bond (Division I, Section D, Pages 1-18 through 1-19)
D. Drug-free Work Place (Division I, Section E, Page 1-20)
E. Disclosure of Lobby Activities (Division I I Section G I
Page 1-22)
1-8
F . ~~cknowledgment of Receipt of Addendum (Division I, Section
JH, Page 1- 23)
G. ~Sworn Statement Under Section 287.133(3) (a) FLORIDA
JSTATUTES, on Public Entity Crimes (Division I, Section K,
Pages 1-27 through 1-29)
H. ;Sworn Statement Under Ordinance No. 10-1990, Monroe County
(Ethics Clause) (Division I, Section L, Page 1-30)
I. Prime Bidder's Qualifications (Division I, Section F, Page
1-21)
J. Copy of Contractor's license for State of Florida
K. :Bidder's Statement on Insurance {Division III, Section
110, Page 111-62
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
Modifications to Existing Chiller Plant
Marathon Airport-Bid Submission
Bids received prior to the time of opening will be securely
kept, unopened. The Owner will decide when the specified time
has arrived and no bid received thereafter will be considered.
No :responsibility will be attached to the Owner for the
premature opening of a bid not properly addressed and
identified. Unless specifically authorized, telegraphic bids
will not be considered but modifications by telegraph of bids
alre:ady submitted will be considered if received prior to the
hour set for opening.
18 . WITHDRAWAL OF BIDS:
1-9
Bid~3 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
beerl opened.
19. BIDDERS PRESENT:
At the time fixed for the opening of the bids, their contents
will be made public for the information of bidders and other
prOI)erly interested parties who may be present either in
person or by representation.
20. BIDDERS INTERESTED IN MORE THAN ONE BID:
If n10re than one bid for each contract is offered by anyone
party, by or in the name of his or their clerk, partner or
other person, all such bids may be rejected. A party who has
quoted prices on materials to bidders is not thereby
disciualified from quoting prices to other bidders or from
submitting a bid directly for the materials of work.
21. ERRORS IN BID:
Bidciers 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
wil1 govern.
22 . CONTRACT AND BOND:
The bidder to whom award is made must, when required, enter
into written contract on the standard form as set out herein
with satisfactory security in the amount required, within the
period specified or, if no period is specified, within ten
(10) days after the prescribed forms are presented to him for
sigIlature.
23. COLLUSION:
If there is any reason for believing that collusion exists
1-10
among the bidders, any or all proposals may be rejected and
those participating in such collusion may be barred from
submitting bids on the same or other work.
24. SUBLETTING OR ASSIGNING OF CONTRACT:
(a) Limitations: The Contractor shall not sublet, assign,
transfer, convey, sell or otherwise dispose of any
portion of the contract, his right, title or interest
therein, or his power to execute such contract, to any
person, firm or corporation without written consent of
the Owner and such written consent shall not be construed
to relieve the Contractor of any responsibility for the
fulfillment of the contract. Unless otherwise stipulated
in the proposal or special provisions and with the
assistance of workmen under his immediate superintendence
and reported on his payroll, all contract work of a value
not less than fifty percent (50%) of the total contract
amount, except that any items designated in the contract
as "Specialty Items" may be performed by subcontract may
be deducted from the total contract amount before
computing the amount of work required to be performed by
the Contractor with his own organization.
(b) Subcontractor's Status: A subcontractor shall be
recognized only in the capacity of an employee or agent
of the contractor and the Contractor will be responsible
to the Owner for all of the subcontractor's work,
including failures or omissions and his removal may be
required by the Engineer, as in the case of any employee.
25. PERMITS:
The contractor shall secure all necessary permits with no
increase to the project budget. The County permit fees for
the project are $0.00.
26. PRE-SUBMITTALS:
Pre-submittal of data on various equipment, if required in the
proposal, shall be made by the bidder and approval obtained
from the Engineer. This approved list shall be the actual
equipment used in the construction of this project if the
contract is awarded on the bid.
1-11
27. SHOP DRAWINGS:
Shop drawings will be reviewed by the Engineer for general
conformance in accordance with the contract documents. The
Contractor shall check all shop drawings in detail and stamp
with his approval prior to submittal to the Engineer.
The Engineer's review of shop drawings shall not relieve the
Cont~ractor from his responsibility for any deviations from the
requirements of the contract documents.
28. 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.
DepE~nding on the bids received, certain quantities may be
increased or decreased and no provision shall be made for re-
negotiation (see Division I, General Provisions, Section 40,
for further information) .
29. 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)
Pro~Jram administered by the Florida Department of
Trarlsportation (FDOT). No Federal funds under the FAA Airport
Improvement Program (AlP) are included in this project.
30. DISADVANTAGED BUSINESS ENTERPRISES lOBE) SUBCONTRACTOR GOALS:
Thel~e are llQ DBE subcontractor goals for this contract.
Should any DBE subcontractors be used on this contract, the
subc~ontractor' s name, address, type of work performed and
subcontract amount shall be Teported as part of the project
close-out documentation submitted with the information
reqllested in General Provision Section 50-18 and Special
Provision No.1, Section 25, "Project Documentation".
31. PUBLIC ENTITY CRIME STATEMENT
I-12
A person or affiliate who has been placed on the convicted
vendc)r list following a conviction for public entity crime may
not submi t 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
CATEejORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
32 · DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION:
DBE POLICY: It is the policy of the Florida Department of
Transportation that disadvantaged business enterprises as
defiIled 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 lJBE 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.
33. EOUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying
out of this project, the contractor shall not discriminate
agairlst 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,
1-13
or t~ransfer; recruitment or recruitment advertising; layoff or
tenlination, rates of payor other forms of compensation; and
selE~ction for training, including apprenticeship. The
contractor shall insert a similar provision in all
subc~ontracts, except subcontracts for standard commercial
supplies or raw materials.
1-14
SECTION C
PROPOSAL
BID TO:
Monroe County Board of Commissioners
c/o Purchasing Department
Public Service Building, Room 002
5100 College Road, Stock Island
KEY WEST, FLORIDA 33040
BID FROM:
Submitted (Date)
The undersigned, as Bidder, hereby declares that he has examined
the site of the work and informed himself fully in regard to all
conditions pertain~ng 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 ~~ith the Monroe County Board of Commissioners, in the form
of contract specified, to furnish all necessary materials,
equipment, machinery, tools, apparatus, means of transportation and
labor necessary to and to complete the construction of:
Modifications to Existing Chiller Plant
Marathon Airport
in full a.nd 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 COllnty Board of Commissioners, with a definite understanding
1-15
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 i tenl.
It is agreed that the description under each item, being briefly
stated, i.mplies, although it does not mention, all incidentals and
that the prices stated are intended to cover all such work,
materials and incidentals as constitute Bidder's obligations as
described in the specifications and any details not specifically
mentioned, but evidently included in the contract shall be
compensated for in the item which most logically includes it.
The quantities for bid items listed on the attached Schedule of Bid
Item sheets are estimated quantities only for the purpose of
comparingr bids. Any difference between these estimated quantities
and actua.l 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
construct:ion quantities and may be modified ,as stipulated by
Sections 20-05 and 90-03 of the General Provisions.
The biddE~r 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
specifiecl herein accompanying this bid and the monies payable
thereon, shall be paid into the funds of the Monroe County Board of
Commissic)ners 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
or a bid bond
for the f3um of
dollars ($
made paya.ble to the Monroe County Board of Commissioners.
1-16
I acknowlt=dge receipt of Addenda No. (s) I have included
Pages 1-12 through 1-29 of the Bi'd Proposal which entails the
Proposal Form ___, Schedule of Bid Items ___, Prime Contractor's
Qualifica'tions ___, the Lobbying and Conflict of Interest Clause
the Drug-Free Workplace Form the Bid Bond
Acknowled~1ffient of Addenda ___, Sworn Statement Under Ordinance No.
10-1990 Also include a copy of valid Contractor's licenses
(Checkmark items above as a reminder that they are included.)
Mailing A(jdress:
Phone Num:ber:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
1-17
SCHEDULE OF BID ITEMS
BIDDER: Conretz Inc. DATE: 5/6/97
AIRPORT NAME: Marathon Airport
WPI PROJECT NO. 6826717
PROJECT DESC:RIPTION: Modifications to Existing Chiller Plant
Unit
Item Item Description & Unit Estimated Price in Extended
Price Bid in Words Unit Quantity Numbers Total
1 Replacement of Trane 80Ton EA. 1 21,278.86 21,278.86
Condenser at t\e1ty erE tlnJsanj
t\\O h..rrln:rl SE.Va1ty e:is?ht Dalla rs _and -
86 Cents
-
2 Marley Cooling Tower (model #4861 EA. 1 23,108.54 23,108.54
~a1: t\e1tv three tlnJsarrl ere
h..rrln:rl e:i$2ht Dollars_and
54 Cents
3 Redundant Cooling Tower fan motor EA. 1 564.57 564.57
at fi\~ h..rrln:rl sixty fa.r
Dollars_and 57
- Cents
4 5 hp C;ondenser Water Pumo and EA. 2 1,644.00 3,288.00
motor at three th:usarrl 00 h..rrln:rl
~ty eight Dollars_and 00
Cents ""
5 Condenser Water Piping and L.S. 1 12,594.00 12,594.00
Appurtenances at t\\elve thusarrl
five hrrlrErl rrinty fOJL Dollars_and -
- 00 Cents
6 Chemical Feed System wI Tie-in at_ L.S. 1 2,631.82 2,631.82
00 tlnJsarrl six lurlrerl th:irtv cre
Dollars_and 82
Cents
1-18
Unit
Item Item Description & Unit Estimated Price in Extended
Price Bid in Words Unit Quantity Numbers Total
7 Redundant Pump and motor for EA. 1 242.46 242.46
Chemical Feed System at ~
h.n:1rErl fortY Tho Dollars_and
46 Cents
8 Chilled Water pump and motor at_ EA. 1 1,381.56 1,381.56
cxe t:l:n.lsaIIl three h.rrlrfd ei.~ty ere
Dollars_and 56
--
Cents
9 Electrical Work at se1B1 L.S. 1 7,500.00 7,500.00
t1:vl~ five hrrln=rl Dollars
and 00 Cents
-=
10 Startup "allowance" at Eight- L.S. 1 $8,500.00 $8,500.00
thousand five-hundred Dollars_and
Zero Cents
11 Chiller Rental at 1:\\0 t:trusarrl L.S. 1 2,740.29 2,740.29
se1B1 h.n:1rErl fortY Dollars
and 29 Cents
Eighty three thousand eight hundred thirty and 10/100 Total of $83,830.10
items 1-11
1-19
SECTION D
BID BOND
Contract
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereina~ter called the Principal, and
a corporation duly organized under the
laws of the State of Florida, as Surety, hereinafter called the
Surety, are held and firmly bound unto the Monroe County Board of
Commissi()ners as Obligee, hereinafter called the Obligee, in the
sum of dollars ($ )
for the :payment of which sum well and truly to be made, the said
Principal and the said Surety bind ourselves, our heirs, executors,
administJcators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Modifications to Existing Chiller Plant
Marathon Airport
NOW, THE~REFORE, if the Obligee shall accept the bid of the
Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid and give such bond or bonds
as may be specified in the bidding or Contract Documents with good
and sufficient surety for the faithful performance of such contract
and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the
Principal to enter such contract and give such bond or bonds, if
the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract
with another party to perform the work covered by said bid, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
1-20
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 reqllest 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 t.o supply such information as required shall result in a
forfeiture of this bid bond in the same manner and to the same
degree as though Obligee had accepted Principal's bid and Principal
had thereafter failed or refused to enter into the contract with
Obligee a.s set forth in the immediately preceding paragraph.
Signed and sealed this
day of
, 1997.
(Principal)
(Seal)
(~ri tness)
(Title)
(Surety)
(Seal)
(~ritness)
Countersigned by:
By:
(Title)
All bondf:; must be signed by a Florida resident agent with a legal
1-21
street address; Post Office boxes are not acceptable. Bid will not
be considered unless the bid bond is signed by both Principal and
Surety.
1-22
SECTION E
DRUG-FREE WORKPLACE FORM
The undel:-signed Contractor, in accordance with Florida Statute
287.087, hereby certifies that:
(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
speci:Eying the actions that will be taken against employees for
violations of such prohibition.
2 . Infor'm 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
emplo'yee assistance programs and the penalties that may be
impos'ed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or
contra.ctual services that are under bid a copy of the statement
specified in Sub-section (1).
4. In tIle statement specified in Sub-Section (1), notify the
emplo~yees 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 guil ty 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 . Impos1e a sanction on or require the satisfactory participation
in a drug abuse assistance or rehabilitation program if such is
available in the employee's community or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free
workplace through implementation of this section.
As a person authorized to sign the statement, I certify that this
1-23
firm complies fully with the above requirements.
Bidder's Signature
Date:
1-24
SECTION F
PRIME BIDDER'S QUALIFICATIONS
Each contractor shall furnish with his bid the following completed and
signed st:atements on "evidence of competency" and "evidence of
financial responsibility", which is in accordance with General
Provision 20-02.
1. Name of Bidder:
2. Business Address:
3. Tele:phone Number:
4. When Organized:
5. Where Incorporated:
6. How lnany years have you been engaged in the contracting business
under the present firm name?
7. What is the type of construction work in which you are
principally engaged?
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?
14. Have you ever been declared in default on a contract?
15. Remarks:
(The above statements must be subscribed and sworn to before a Notary
1-25
Public. )
DatE~ :
Firrn Name:
By:
Title:
Notary Pllblic:
1-26
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts.
Agreement~
Grants.
Loans and Cooperative
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 a:ny 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 a.ny 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
acco1rdingly.
This certification is a material representation of fact upon which
reliance 'was placed when this transaction was made or entered into.
Submissic)n of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
1-27
Signed: ~ -
L~ ntractor's
.; -,. J #. .,.--
,'-' t:' A...r J
1-28
Dated:
~-b --9'7
SECTION H
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Acknowledgement of Addenda
I Addendutn I Signature I Date I
No.
1-29
SECTION I
THIS SECTION NOT USED
.
I-3D
SECTION J
THIS SECTION NOT USED
1-31
SECTION K
THIS SECTION NOT USED
1-32
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not
employed, retained or otherwise had act on his/its behalf any
former Cc)unty 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.
(Signature)
Date:
STATE OF:
COUNTY OF':
PERSONALL,Y APPEARED BEFORE ME the undersigned authority,
who, after first being sworn by me affixed his/her
signature (name of individual signing) in the space provides above
on this ____ day of , 19
(Signature of Notary Public,
State of Florida at Large)
1-33
(Print name of Notary Public)
My Commif3sion expires
1-34
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND........................II-2
SECTION B - CERTIFICATE OF OWNER'S ATTORNEY .................II-4
SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS............... II-S
SECTION D - CONTRACT ...................................... I I - 6
11-1
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 pavrnpnt of
which we bind ourselves, our ~ .ves,
successors and assigns, jointly and )./0/ # du/~EiJ /95
THE CONDITION OF THIS BOND is that ;Jt!/2 UOt/,,(J/ j
Oo;J,rT/,(jC/IDtcI /2 19
C,,() /:/toJ~(751 of
fI /J,u /)G€ Fl /. UlQn
. r r -Ll LJ, 0.; /r.;0 C{)O l by
L-~~' / rlrlll/ 7/' /
the
1.
Performs the Contract de
between Principa:
Modifications to Existing
Airport, the Contract be
reference, at the times al
Contract.
2 . Promptly makes payments in
Section 255.05 (1), Flori .pal
with labor, materials or Sl _~tly
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 bon(l is subj ect to the provisions of Section 255.05, Florida
Statutes. Any changes in or under the Contract Documents and
complian(~e or non-compliance with any formalities connected with the
Contract or the changes does not affect Surety's obligation under this
Bond.
Principal agrees to record this Bond in the Official Records for Monroe
County before the commencement of the work subject of this bond.
11-2
Dated on
, 19
PRINCIPAl,:
Address:
By:
As Attorney-in-Fact
SURETY:
Address:
Claims against this Bond are subject to the notice and time
provisions set forth in Section 255.05, Florida Statutes.
11-3
SECTION C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO:
Monroe County Board of Commissioners
Key West, Florida
REF.:
Modifications to Existing Chiller Plant
Marathon Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the
referred contract, the undersigned acknowledges hereby that the
following conditions are those for which change orders are allowed
under the Bid Law:
1. 'Unusual and difficult circumstances which arose during the
course of the execution of the contract which could not
have been reasonably foreseen.
2. 'Where competitive bidding for the new work for new money
will work to the serious detriment of the awarding
authority.
3. Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid
and originals contract.
,
c
BY: James M. Hightower
Title: President
11-5
SECTION D
CONTRACT TO
Modify the Existing Chiller Plant
Marathon Airport
M
THIS ~GREEMENT made and entered into the ~ day of ttfj21L-~
/ qq J by and between Conret, In~.
Contractor, and the Monroe County Board of Commissioners, Key West,
Florida, Owner.
WITNESSE,]~H :
That the Contractor, for the consideration hereinafter fully set
out hereby agrees with the Owner as follows:
1 . That the Contractor, shall furnish all the materials, and
perform all of the work in the manner and form as provided by
the following enumerated Instruction to Bidders, Form of
Propc)sal, General Provisions, Special Provisions, Technical
Speci.fications, 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:
Modifications to Existing Chiller Plant
Marathon Airport
2. That the Contractor shall commence the work to be performed
under this agreement on a date to be specified in a written
ordel~ of the second party and shall fully complete all work
hereunder within~ calendar.days from and after said date.
3 . The Owner hereby agrees to pay to the Contractor for the
faithful performance of the agreement, subject to additions and
deductions as provided in the specifications or proposal in
lawful money of the United States as follows:
Apprc)ximately Eighty Three Thousand Eight Hundred Thirty
and 10/100 ------------------------------- Dollars
($83,830.10) in accordance with lump sum and unit prices set
11-6
forth in the proposal.
4. On or before the 15th day of each calendar month, the second
party shall make partial payment to the on the Contractor basis
of a duly certified and approved estimate of work performed
durin~J the preceding calendar month by the Contractor, less ten
percent (10%) of the amount of such estimate which is to be
retailled by the Owner until all work has been performed
strictly in accordance with this agreement.
5. Upon submission by the Contractor of evidence satisfactory to
the Owner that all payrolls, material bills and other costs
incurred by the Contractor in connection_with the construction
of thE~ work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the
complE~tion 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
const:r-uction of the work is not completed within the time
hereiJn 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 f3ustained per day by failure of the Contractor to complete
the wrork within the time stipulated and this sum is not a
penal'ty 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 srLall be satisfactory to the Owner. In such event, no
further payment to the Contractor shall be deemed to be due
under this agreement until such new or additional security for
the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
11-7
IN WITNESS WHEREOF the parties hereto have executed this agreement
on the day and date first above written in two (2) counterparts,
each of which shall, without proof or accou~ing for the other
counterpart, be de m an original contr 't
~\
(Monroe
By: ~~,:I:'" 'ba"~Q~
Title: President Title: (V\ALLOK
WITNE~;a~O ~cfilaz/ WITNESS:
(
James M. Hightower
STATE OF FLORIDA
I, the ulndersigned authority, a Notary Public ~n and for said
County and State hereby certify that James M. H1ghtower
whose name as President of Conret, Inc.
is signed to the foregoing instrument and who is known to me,
acknowleciged before me on this day that being informed of the
contents of the within instrument, he, in his capacity as such,
executed the same voluntarily on the date the same bears date.
Given under my hand and seal this 6th day of
May
97
, 19_.
OFFICu\L NOTARY SEAL
BARBARA J BOYD
NOTARY PUBLIC STATE OF FLORIDA
MMISSION NO. CC409550
MY COMMISSION ~XP. OCT. 5,1998
(SEAl)
ATTEST: IWIIY L --. a.EII
BY J:~~ ~~ t
II-8
DIVISION III
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS .................. ....... 111-2
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS.... ..... 111-8
SECTION 30 - AWARD AND EXECUTION OF CONTRACT. . . . . . . . . . . . . . .. 111-13
SECTION 40 - SCOPE OF WORK.................. .... ..... ..... III-IS
SECTION 50 - CONTROL OF WORK.... ............. ...... ....... 111-20
SECTION 60 - CONTROL OF MATERIALS............. ..... ....... 111-30
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. 111-35
SECTION 80 - PROSECUTION AND PROGRESS.............. ....... III-51
SECTION 90 - MEASUREMENT AND PAYMENT...................... III-59
SECTION 100- SAFETY AND HEALTH REGULATIONS
FOR CONSTRUCTION......... ...... ............. 111-68
SECTION 110- GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS.............. 111-69
111-1
DIVISION III - GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in
the Contract, in any documents or other instruments pertaining to
construc1:ion 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
improvemE~nts 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 requi:red by local law, invi ting 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 OPERATIONS AREA. For the purpose of these
specifications, the term air operations area shall mean any area of
the airport used or intended to be used for the landing, takeoff,
or surface maneuvering of aircraft, and contiguous safety areas.
An air operation area shall include such paved or unpaved areas
that are used or intended to be used for the landing, takeoff, or
surface Inaneuvering 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.
111-2
10-08 AIRPORT. Airport means an area of land or water which is
used or intended to be used for the landing arld takeoff of
aircraft" and includes its buildings and facilities, if any.
10-09 ASTM. The American Society for Testing and Materials.
10-10 AWARD. The acceptance, by the Owner, of the successful
bidder's proposal.
10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with
a proposal to guarantee that the bidder will enter into a contract
if his proposal is accepted by the Owner.
10-12 BIDDER. Any individual, partnership, firm, or corporation,
acting directly or through a duly authorized representative, who
submits a. proposal for the work contemplated.
10-13 BUILDING AREA. An area on the airport to be used,
considerE=d, or intended to be used for airport buildings or other
airport facilities or rights-of-way together with all airport
buildings and facilities located thereon.
10-14 CALENDAR DAY. Every day shown on the calendar.
10-15 CERTIFICATES OF COMPLIANCES. Written statements by the
manufacturer stating the material furnished is in conformance with
the Specifications.
10-16 CHANGE ORDER. A written order to the Contractor covering
changes in the Plans, Specifications, or proposal quantities and
establishing the basis of payment and contract time adjustment, if
any, for the work affected by such changes. The work, covered by
a change order, shall be within the scope of the Contract.
10-17 CONTRACT. The written agreement covering the work to be
performed. The awarded Contract shall include, but is not limited
to: the Advertisement; the Contract Form; the Proposal; the
Performance Bond; the Payment Bond; any required insurance
certificates; the Specifications; the Plans, and any addenda issued
to bidde:rs.
111-3
10-18 CONTRACT DOCUMENTS. The written agreement covering the work
to be performed. The awarded Contract shall include, but is not
limited to: the Invitation for Bids; the Bid Documents, the
Contract form; the Proposal, the Schedule of Bid Items; the
Proposal Bond; the Contract Bond, the Labor and Materials Bond; any
required insurance certificates; the General and Special
provisions; the Technical Specifications; the Plans; any addenda
issued to Bidders; and any Change Orders issued to the Contractor.
10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which
a price is provided in the Contract.
10-20 CONTRACT TIME. The number of calendar days 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 wc,rk who acts directly or through lawful agents or employees
to complE~te the Contract work.
10-22 :0 RAINAGE 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.
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
completic)n 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 wi thin the intended scope of the Contract as
previously modified.
III-4
10-26 FAA. The Federal Aviation Administration of the U. S.
Departmen.t of Transportation. When used to designate a person, FAA
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 Plarls, 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,"
"satisfac~tory," 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
interpret:ed 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 the Engineer.
10-32 LIGHTING. A system of fixtures providing or controlling the
light sources used on or near the airport or within the airport
buildings. The field lighting includes all luminous signals,
markers, floodlights, and illuminating devices used on or near the
airport or to aid in the operation of aircraft landing at, taking
off from, or taxiing on the airport surface.
1II-5
10-33 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall
be any item that is listed in the proposal, the total cost of which
is equal to or greater than 20 percent of the total amount of the
award Contract. All other items shall be considered minor Contract
items.
10-34 MATERIALS. Any substance specified for use in the
construction of the Contract work.
10-35 MIL SPECIFICATIONS. The Military Specifications and
Standardt 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.
111-6
10-43 PROPOSAL. The written offer of the bidder (when submitted
on the approved proposal form) to perform the contemplated work and
furnish t:he necessary materials in accordance with the provisions
of the Plans and Specifications.
10-44 PROPOSAL GUARANTY/BID 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
conditioIlS or requirements peculiar to the project under
considercltion, covering work or mater.ials involved in the proposal
and estirrlate, which are not thoroughly or satisfactorily stipulated
in these Specifications.
10-47 SPECIFICATIONS. A part of the Contract c.ontaining the
written (iirections and requirements for completing the Contract
work. S:tandards for specifying materials or testing which are
cited in the Contract Specifications by reference shall have the
same force and effect as if included in the Contract physically.
10-48 SPONSOR. Shall mean the same as Owner.
10-49 SUBCONTRACTOR. Any individual, partnership or corporation
supplyin9 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 SlJBGRADE. The soil which forms the pavement foundation.
III-7
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
Contractc)r and the Owner covering: (1) work that would increase or
decrease the total amount of the awarded Contract, or any major
Contract item, by more than 25 percent, such increased or decreased
work being within the scope of the originally awarded Contract; or
(2) work that is not within the scope of the originally awarded
Contract .'
10-54 SURETY. The corporation, partnership, or individual, other
than the Contractor, executing payment'or performance bonds which
are furnished to the Owner by the Contractor.
10-55 TAXIWAY. For the purpose of this document, the term taxiway
means the portion of the air operations area of an airport that has
been designated by competent airport authority for movement of
aircraft to and from the airport's runways or aircraft parking
areas.
10 - 56 WORK. The furnishing of all labor, materials, tools,
equipmen1:, 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, Satur~ays,
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.
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
III-8
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 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the
Owner satisfactory evidence of his 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
availabIE~. In addition, each bidder shall furnish the Owner
satisfact:ory evidence of his financial responsi"bility. 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 ContJr-actor' 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' e: list" of the state in which the proposed work is located.
Such evi<:ience of 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 part,s and must not be detached. The
Plans, E;pecifications, and other documents designated in the
proposal form shall be considered a part of the proposal whether
attached or not.
20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to
refuse to issue a proposal form to a prospective bidder should such
bidder bE~ in default for any of the following reasons:
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(a) Failure to comply with any prequalification regulations
of the Owner, if such regulations are cited, or otherwise included,
in the p:r'oposal as a requirement for bidding.
(b) Failure to pay, or satisfactorily settle, all bills due
for labor and materials on former contracts in force (with the
Owner) at the time the Owner issues the proposal to a prospective
bidder.
(c) Contractor default under previous contracts with the
Owner.
(d) Unsatisfactory work on previous contracts with the
Owner.
20 - 05 :INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An
estimate of quantities of work to be done and materials to be
furnished under these Specifications is given in the proposal. It
is the J:,esult 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
pertainillg 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
understo()d that the quantities may be increased or decreased as
hereinafter provided in the subsection titled ALTERATION OF WORK
AND QUANTITIES of Section 40 without in any way invalidating the
unit bid prices.
20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder
is expect~ed to carefully examine the site of the proposed work, the
proposall Plans, Specifications,. and Contract forms. He shall
satisfy :himself as to the character, quality, and quantities of
work to be performed, materials to be furnished, and as to the
requirements of the proposed Contract.
The submission of a proposal shall be prima facie evidence that the
bidder hlas made such examination and is satisfied as to the
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conditions to be encountered in performing the work and as to the
requirements of the proposed Contract, Plans, and Specifications.
Boring l()gs 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
chartereci 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.
#'
20-08 IRREGULAR PROPOSALS. ,Proposals shall be considered
irr~gular 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.
III-II
(b) If there are unauthorized additions, conditional or
alternate pay items, or irregularities of any kind which make the
proposal incomplete, indefinite, or otherwise ambiguous.
(c) If the proposal does not contain a unit price for each
pay item listed in the proposal, except in the case of authorized
alternate pay items, for which the bidder is not required to
furnish a unit price.
(d) If the proposal contains unit prices that are obviously
unbalanced.
(e) If the proposal is not accompanied by the proposal
guaranty specified by the Owner.
The Owner reserves the right to reject any irregular proposal and
the right to waive technicalities if such waiver is in the best
interest of the Owner and conforms to local laws and ordinances
pertaining to the letting of construction contracts.
20-09 PROPOSAL GUARANTY/BID 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 irl 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
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the placE= specified in the advertisement before the time specified
for opening all bids.
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and
read, publicly at the time and place specified in the
advertisement. Bidders, their authorized agents, and other
interested persons are invited to attend.
Proposals that have been withdrawn (by written or telegraphic
request) or received after the time specified for opening bids
shall be returned to the bidder unopened.
20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered
disqualified for any of the following reasons:
(a) Submitting more than one proposal from the same
partnership, firm, or corporation under the same or different name.
(b) Evidence of collusion among bidders. Bidders
participating in such collusion shall be disqualified as bidders
for any future work of the Owner until any such participating
bidder has been reinstated by the Owner as a qualified bidder.
(c) If the bidder is considered to be in "default" for any
reason specified in the subsection titled ISSUANCE OF PROPOSAL
FORMS of this section.
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 priyes 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.
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(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 i.n conformance with applicable state and local laws or
regulations pertaining to the letting of construction contracts;
advertise for new proposals; or proceed with the work otherwise.
All such actions shall promote the Owner's best interests.
30-02 AWARD OF CONTRACT.
awarded, shall be made
specified for publicly
specified herein.
The award of a contract, if it.is to be
within 90 calendar days of the date
opening proposals, unless otherwise
Award of the Contract shall be made by the Owner to the lowest,
qualified bidder whose proposal conforms to the cited requirements
of the Owner.
30-03 CANCELLATION OF AWARD. The Owner reserves the right to
cancel the award without liability to the bidder, except return of
proposal guaranty, at any time before a contract has been fully
executed by all parties and is approved by the Owner in accordance
with the subsection titled APPROVAL OF CONTRACT of this section.
30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties,
except those of the two lowest bidders, will be returned
immediately after the Owner has made a comparison of bids as
hereinbefore specified in the subsection titled CONSIDERATION OF
PROPOSALS of this section. Proposal guaranties of the two lowest
bidders will be retained by the Owner until such time as an ~ward
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
111-14
the payment of all legal debts that may be incurred by reason of
the Contractor's performance of the work. The surety and the form
of the bond or bonds shall be acceptable to the Owner. Unless
otherwise specified in this subsection, the surety bond or bonds
shall be in a sum equal to the full amount of the Contract.
The successful bidder shall furnish
payment bonds each in the full bid
specified in the Contract Documents.
separate
amount,
performance and
unless otherwise
30-06 EXECUTION OF CONTRACT. The successful bidder shall sign
(execute) the necessary agreements for entering into the Contract
and return such signed Contract to the Owner, along with the fully
executed surety bond or bonds specified in the subsection titled
REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar
days from the date mailed or otherwise delivered to the successful
bidder. If the Contract is mailed, special handling is
recommended.
30- 07 APPROVAL OF CONTRACT. Upon receipt of the Contract and
Contract bond or bonds that have been executed by the successful
bidder, the Owner shall complete the execution of the Contract in
accordance with local laws or ordinances, and return the fully
executed Contract to the Contractor. Delivery of the fully.
executed Contract to the Contractor shall constitute the Owner's
approval to be bound by the successful bidder's proposal and the
terms of the Contract.
30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful
bidder to execute the Contract and furnish an acceptable surety
bond or bonds within the 15 calendar day period specified in the
subsection titled REQUIREMENTS OF CONTRACT BONDS of this section
shall be just cause for cancellation of the award and forfeiture of
the proposal guaranty, not as a penalty, but as liquidation of
damages to the Owner.
SECTION 40 - SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the Contract is to
provide for construction and completion, in every detail, of the
work described. It is further intended that the Contractor shall
furnish all labor, materials, equipment, tools, transportation, and
111-15
suppl ies required to complete the work in accordance wi th the
Plans, Specifications, and terms of the Contract.
40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and
shall have the right to make such alterations in the work as may be
necessary or desirable to complete the work originally intended in
an acceptable manner. 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, in the Engineer's opinion, such
extensions are commensurate with the amount and difficulty of added
work.
Should the aggregate amount of altered work exceed the 25 percent
limitation hereinbefore specified, such excess altered work shall
be covered by supplemental agreement. If the Owner and the
Contractor are unable to agree on a uni t adj ustment 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 include 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 ~hall be subject to the same
u.S. Security of Labor wage determination as was included in the
originally awarded Contract.
40 - 03 OMITTED ITEMS.
interest, omi t from the
Contract items. Major
The Engineer may, in the Owner's best
work any Contract item, except major
Contract items may be omitted by a
111-16
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 with the
subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the Contract
require the Contractor to perform an item of work for which no
basis of payment has been provided in the original Contract or
previously issued change orders or supplemental agreements, the
same shall be called Extra Work. Extra Work that is within the
general scope of the Contract shall be covered by written change
order. Change orders for such Extra Work shall contain agreed unit
prices for performing the change order work in accordance with the
requirements specified in the order, and shall contain any
adjustment to the Contract time that, in the Engineer'S opinion, is
necessary for completion of such Extra Work.
When determined to be in the Owner's best interest, he may order
the Contractor to proceed with Extra Work by force account as
provided in the subsection titled PAYMENT FOR EXTRA AND FORCE
ACCOUNT WORK of Section 90.
Extra Work that is necessary for acceptable completion of the
project, but is not within the general scope of the work covered by
the original Contract shall be covered by a Supplemental Agreement
as hereinbefore defined in the subsection titled SUPPLEMENTAL
AGREEMENT of Section 10.
Any claim for payment of Extra Work that is not covered by written
agreement (change order or supplemental agreement) shall be
rejected by the Owner.
40-05 MAINTENANCE OF TRAFFIC. It,is the explicit intention of the
Contract that the safety of aircraft, as well as the Contractor's
equipment and personnel, is the most important consideration. It
is understood and agreed that the Contractor shall provide for the
free and unobstructed movement of aircraft in the air operations
areas of the airport with respect to his own operations and the
operations of all his subcontractors as specified in the subsection
titled LIMITATION OF OPERATIONS of Section 80. It is further
111-17
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 his own estimate of all labor, materials,
equipment, and incidentals necessary for providing the maintenance
of aircraft and vehicular traffic as specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic
specified in this subsection shall not be measured or paid for
directly, but shall be included in the various Contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures
encountered wi thin the established lines, grades, or grading
sections shall be removed by the Contractor, unless such existing
111-18
structures are otherwise specified to be relocated, adjusted up or
down, salvaged, abandoned in place, reused in the work or to remain
in place., The cost of removing such existing structures shall not
be measured or paid for directly, but shall be included in the
various Contract items.
Should the Contractor encounter an existing structure (above or
below ground) in the work for which the disposition is not
indicated on the Plans, the Engineer shall be notified prior to
disturbing such structure. The disposition of existing structures
so encountered shall be immediately determined by the Engineer in
accordance with the provisions of the Contract.
Except as provided in the subsection titled RIGHTS IN AND USE OF
MATERIALS FOUND IN THE WORK of this section, it is intended that
all existing materials or structures that may be encountered
(within the lines, grades, or grading sections established for
completion of the work) shall be utilized in the work as otherwise
provided for in the Contract and shall remain the property of the
Owner when so utilized in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should
the Contractor encounter any material such as (but not restricted
to) sand, stone, gravel, slag, or concrete slabs within the
established lines, grades, or grading sections, the use of which is
intended by the terms of the Contract to be either embankment or
waste, he may at his 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)
Contract.
Use such material as intended by the terms of the
Should the Contractor wish to exercise option (a), (b), or (c) I he
shall request the Engineer's approval in advance of such use.
111-19
Should t:he 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.
It is understood and agreed that the Contractor shall make no claim
for delays by reason of his exercise of option (a), (b), or (c).
The Contractor shall not excavate, remove, or otherwise disturb any
material, structure, or part of a structure which is located
outside the lines, grades, or grading sections established for the
work, except where such excavation or removal is provided for in
the Contract, Plans, or Specifications.
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 within the
limits indicated and shall leave the site in-a neat and presentable
condition. Material cleared from the site and deposited on
adjacent property will not be considered as having been disposed of
satisfactorily, unless the Contractor has obtained the written
permission of such property Owner.
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
111-20
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) in the 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 recommend to the
Owner a basis of acceptance which will provide for an adjustment in
the Contract price for the affected portion of the work. The
Engineer's determination and recommended Contract price adjustments
will be based on good engineering judgment and such tests or
retests of the affected work as are, in his opinion, needed.
Changes in the Contract price shall be covered by Contract
modifications (change order or supplemental agreement) as
applicable.
If the Engineer finds the materials furnished, work performed, or
the finished product are not in "reasonably close conformity" with
the Plans and Specifications and have resulted in an unacceptable
finished product, the affected work or materials shall be removed
and replaced or otherwise correc~ed by and at the expense of the
Contractor in accordance with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close
conformity" shall not be construed as waiving the Contractor's
responsibility to complete the work in accordance with the
Contract, Plans, and Specifications. The term shall not be
construed as waiving the Engineer's right to insist on strict
111-21
specifications during the Contractor's prosecution of the work,
when, in the Engineer's opinion, such compliance is essential to
provide an acceptable finished portion of the work.
For the purpose of this subsection, the term "reasonably close
conformity" is also intended to provide the Engineer with the
authority to 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 I 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
Contractt Plans, Specifications, and all referenced standards cited
are essential parts of the Contract requirements. A requirement
occurring in one is as binding as though occurring in all. They
are intended to be complementary and to describe and provide for a
complete work. In case of discrepancy, calculated dimensions will
govern over scaled dimensions; Contract technical Specifications
shall govern over Contract General Provisions, Plans, cited
standards for materials or testing, and cited FAA advisory
circulars; Contract general provisions shall govern over Plans,
cited standards for materials or testing, and cited FAA advisory
circulars; Plans shall govern over cited standards for materials or
testing and cited FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or
omission on the Plans or Specifications. In the event the
Contractor discovers any apparent error or discrepancy, he shall
immediately call upon the Engineer for his 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.
111-22
The Contractor shall give constant attention to the work to
facilitate the progress thereof, and he shall cooperate with the
Engineer and his inspectors and with other Contractors in 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.
50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the
right to contract for and perform other or additional work on or
near the work covered by this Contract.
when separate contracts are let within the limits of anyone
proj ect, 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 used 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 and 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
111-23
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.
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
the 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
111-24
be paid for as Extra Work; but should the work so exposed or
examined prove unacceptable, the uncovering, or removing, and the
replacing of the covering or making good of the parts removed will
be at the Contractor's expense.
Any work done or materials used without supervision or inspection
by an authorized representative of the Owner may be ordered removed
and replaced at the Contractor's expense unless the Owner's
representative failed to inspect after having been given reasonable
notice in writing that the work was to be performed.
Should the Contract work include relocation, adjustment, or any
other modification to existing facilities, not the property of the
(Contract) Owner, authorized representatives of the Owners of such
facilities shall have the right to inspect such work. Such
inspection shall in no sense make any facility Owner a party to the
Contract, and shall in no way interfere with the rights of the
parties to this Contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work
which does not form to the requirements of the Contract, Plans, and
Specifications will be considered unacceptable, unless otherwise
determined acceptable by the Engineer as provided in the subsection
titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.
Unacceptable work, whether the result of poor workmanship, use of
defective materials, damage through carelessness, or any other
cause found to exist prior to the final acceptance of the work,
shall be removed immediately and replaced in an acceptable manner
in accordance with the provisions of the subsection titled
Contractor's RESPONSIBILITY FOR WORK of Section 70.
Work done contrary to the instructions of. the Engineer, work done
beyond the lines shown on the Plans or as given, except as herein
specified, or any Extra Work done without authority, will be
considered as unauthorized and ~ill 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
111-25
deduct the costs (incurred by the Owner) from any monies due or to
become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all
legal load restrictions in the hauling of materials on public roads
beyond the limits of the work. A special permit will not relieve
the contractor of liability for damage which may result from the
moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause
damage to structures or to any other type of construction will not
be permitted. Hauling of materials over the base course or surface
under construction shall be limited as directed. No loads will be
permitted on a concrete pavement, base, or structure before the
expiration of the curing period. The Contractor shall be
responsible for all damage done by his 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 of maintenance work during construction and before the
project is accepted shall be included in the unit prices bid on the
various Contract items, and the Contractor will not be paid an
additional amount for such work.
50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any
time fail to maintain the work as provided in the subsection titled
MAINTENANCE DURING CONSTRUCTION of,this section, the Engineer shall
immediately notify the Contractor of such noncompliance. Such
notification shall specify a reasonable time within which the
Contractor shall be required to remedy such unsatisfactory
maintenance condition. The time specified will give due
consideration to the condition that exists.
111-26
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 ACCEPTANCE. 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 proj ect, 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 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 with and execute such instructions. Upon
correction of the work, another review will be made which shall
constitute the final review, provided the work has been
satisfactorily completed. In such event, the Engineer will make
the final acceptance and notify the Contractor in writing of this
acceptance as of the date of fina~ review.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the
Contractor deems that additional compensation is due him for work
or materials not clearly provided for in the Contract, Plans, or
Specifications or previously authorized as Extra Work, he shall
notify the Engineer in writing of his intention to claim such
111-27
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 9Y 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:
111-28
a. The Contractor must publicly advertise the NOTICE OF COMPLETION
furnished by the Engineer a minimum of once a week for four
consecutive weeks.
b. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF
PAYMENT OF CLAIMS AND DEBTS on the form furnished by the
Engineer.
c. The Contractor must have his Surety execute copies of CONSENT
OF SURETY TO FINAL PAYMENT on the form furnished by the
Engineer.
d. The Contractor must furnish a letter on his letterhead
acknowledging that acceptance of final payment by the
Contractor constitutes a waiver of all claims, present or
future, in connection with this project.
e. The Contractor must furnish a written guarantee on his
letterhead covering all defects in material and workmanship for
a period of one year commencing on the date of final
acceptance.
f. If any purchase items have been incorporated in the work, the
Contractor must furnish a letter on his letterhead assigning
those warranties to the OWNER. Copies of said warranties shall
be bound in one binder and submitted along with the letter
assignment.
g. In addi tion to the above, the Contractor shall provide all
documents required in Special provision No. I, Section 25.
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 ~ontractor 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
111-29
not assume that 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.
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
111-30
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 Contractor shall furnish materials
from other sources.
The Contractor shall furnish airport lighting equipment that
conforms to the requirements of cited materials specifications. In
addition, where an FAA specification for airport lighting equipment
is cited in the Plans or Specifications, the Contractor shall
furnish such equipment that is:
(a) Listed in FAA Advisory Circular (AC) 150/S345-S3A,
Airport Lighting Equipment Certification Program, that is in effect
on the date of advertisement; and,
(b) Produced by the manufacturer qualified (by FAA) to produce
such specified and listed equipment.
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 be performed at the Contractor's risk.
Materials found to be unacceptable and unauthorized will not be
paid for and, if directed by the Epgineer, shall be removed at the
Contractor's expense. Unless otherwise designated, tests in
accordance with the cited standard methods of AASHTO or ASTM which
are current on the date of advertisement for bids will be made by
and at the expense of the Owner. Samples will be taken by a
qualified representative of the Owner. All materials being used
are subject to inspection, test, or rejection at any time prior to
111-31
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
certificate of compliance for each lot of such material or assembly
delivered to the work. Such certificate of compliance shall
clearly identify each lot delivered and shall certify as to:
(a) Conformance to the specified performance, testing,
quality or dimensional requirements; and,
(b) Suitability of the material or assembly for the use
intended in the Contract work.
Should the Contractor propose to furnish an "or equal" material or
assembly, he shall furnish the manufacturer's certificates of
compliance as hereinbefore descri~ed 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.
111-32
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 methods or materials to be
used in the work and to obtain samples required for his acceptance
of the material or assembly.
Shou.ld the Engineer conduct plant inspections, the following
conditions shall exist:
(a) The Engineer shall have the cooperation and assistance of
the Contractor and the producer with whom he has contracted for
materials.
(b) The Engineer shall have full entry at all reasonable times
to such parts of the plant that concern the manufacture or
production of the materials being furnished.
(c) If required by the Engineer, the Contractor shall arrange
for adequate office or working space that may be reasonably needed
for conducting plant inspections. Office or working space should be
conveniently located with respect to the plant.
It is understood and agreed that the Owner shall have the right to
retest any material which has been tested and approved at the
source of supply after it has been delivered to the site. The
Engineer shall have the right to reject only material which, when
retested, does not meet the requirements of the Contract, Plans, or
Specifications.
60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall
furnish to the 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 prope~ execution of the work. At the
time of each submission, the Contractor shall in writing call the
Engineer's attention to any deviations that the shop drawings may
have from the requirements of the Contract documents.
Where called for, the Contractor shall furnish two samples of each
material, texture, color, etc., clearly labeled as to name and
quality of material, manufacturer and application on the job.
111-33
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 inspection. The
Contractor shall coordinate the storage of all materials with the
Engineer. Materials to be stored on airport property shall not
create an obstruction to air navigation nor shall they interfere
wi th the free and unobstructed movement of aircraft. Unless
otherwise shown on the Plans, the storage of materials and the
location of the Contractor's plant and parked equipment or vehicles
shall be as directed by the Engineer. Private property shall not
be used for storage purposes without written permission of the
Owner or lessee of such property. The Contractor shall make all
arrangements and bear all expenses for the storage of materials on
private property. Upon request, the Contractor shall furnish the
Engineer a copy of the property Owner's permission.
All storage sites on private or airport property shall be restored
to their original condition by the Contractor at his entire
expense, except as otherwise agreed to in writing by the owner or
lessee of the property.
60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does
not conform to the requirements of the Contract, Plans, or
1II-34
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 Contr,actorshall -furnish all
materials required to complete the work, except those specified
herein (if any) to be furnished by the Owner. Owner-furnished
materials shall be made available to the Contractor at the location
specified herein.
All costs of handling, transportation from the specified location
to the site of work, storage, and installing Owner furnished
materials shall be included in the unit price bid for the Contract
item in which such Owner furnished material is used.
After any Owner furnished material has been delivered to the
location specified, the Contractor shall be responsible for any
demurrage, damage, loss, or other deficiencies which may occur
during the Contractor's handling, storage, or use of such Owner-
furnished material. The Owner will deduct from any monies due or
to become due the Contractor any cost incurred by the Owner in
making good such loss due to the Contractor's handling, storage, or
use of Owner-furnished materials.
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,
111-35
agents, or servants against any claim or liability arising from or
based on the violation of any such law, ordinance, regulation,
order, or decree, whether by himself or his employees.
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure
all permits and licenses, pay all charges, fees, and taxes, and
give all notices necessary and incidental to the due and lawful
prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the
Contractor is required or desires to use any design, device,
material, or process covered by letters of patent or copyright, he
shall provide for such use by' suitable legal agreement with the
patentee or Owner. The Contr-a,ctor and the surety shall indemnify
and save harmless the Owner, '-any third party, or political
subdivision from any and all claims for infringement by reason of
the use of any such patented design, device, material or process,
or any trademark or copyright, and shall indemnify the Owner for
any costs, expenses, and damages which it may be obliged to pay by
reason of an infringement, at any time during the prosecution or
after the completion of the work.
70 - 04 RESTORATION OF SURFACES DISTURBED BY OTHERS. 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 utili ty
service or facility during the progress of the work, the Contractor
shall cooperate with such Owners by arrang-ing 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.
111-36
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 (JPA) and the Rules and Regulations
of the FAA and FDOT that pertain to the work.
As required by the Act/ JPA, the Contract work .is subject to the
inspectibn 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.
No requirement of the Act/JPA, the rules and regulations
implementing the Act/JPA, or this Contract shall be construed as
making the United States Government/State 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 SANITARY, 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, hazardous, 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.
111-37
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 signs, and hazard markings shall be suitably
illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish,
erect, and maintain barricades, warning signs, lights and other
traffic control devices in reasonable conformity with the Manual of
Uniform Traffic Control Devices for Streets and Highways (published
by the United States Government Printing Office) .
When the work requires closing an air operations area of the
airport or portion of such area, the Contractor shall furnish,
erect, and maintain temporary markings and associated lighting
conforming to the requirements of AC 150/5340-1, Marking of Paved
Areas on Airports, 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.
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
111-38
signs, and markings for hazards until their dismantling is directed
by the Engineer.
Open-flame type lights shall not be permitted within the air
operations areas of the airport.
70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas,
etc., that the Contractor may require shall be constructed and
maintained at the Contractor's expense.
The Contractor shall not use runways, taxiways or other paved areas
on the air operations portions of the airport for access to and
from the job site unless authorized by the Owner. No equipment or
vehicles will be allowed on the air operations portions of the
airport except as authorized by the Owner.
Any runways, taxiways or other paved areas
Contractor's vehicles or equipment shall be
Contractor at no cost to the Owner.
damaged
repaired
by
by
the
the
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.
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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 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 an acceptable manner.
70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall
indemnify and save harmless the Engineer and the Owner and their
officers, and employees from all suits actions, or claims of any
character brought because of any injuries or damage received or
sustained by any person, persons, or property on account of the
operations of the Contractor; or on account of or in consequence of
any neglect in safeguarding the work; or through use of
unacceptable materials in constructing the work; or because of any
act or omission, neglect, or misconduct of said Contractor; or
because of any claims or amounts ~ecovered 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
111-40
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 wi thheld when the Contractor
produces satisfactory evidence that he is adequately protected by
public liability and property damage insurance.
70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed
between the parties executing the Contract that it is not intended
by any of the provisions of any part of the Contract to create the
public or any member thereof a third party beneficiary or to
authorize anyone not a party to the Contract to maintain a suit for
personal inj uries or property damage pursuant to the terms or
provisions of the Contract.
70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be
necessary for the Contractor to complete portions of the Contract
work for the beneficial occupancy of the Owner prior to completion
of the entire Contract, such "phasing" of the work shall be
specified herein and indicated on the Plans. When so specified,
the Contractor shall complete such portions of the work on or
before the date specified or as otherwise specified. Upon
completion of any portion of the work listed above, such portion
shall be accepted by the Owner in accordance with the subsection
titled PARTIAL ACCEPTANCE of Section 50.
No portion of the work may be opened by the Contractor for public
use until ordered by the Engineer in writing. Should it become
necessary to open a portion of the work to public traffic on a
temporary or intermittent basis, such openings shall be made when,
in the opinion of the Engineer, such portion of the work is in an
acceptable condition to support the intended traffic. Temporary or
intermittent openings are considered to be inherent in the work and
shall not constitute either acceptance of the portion of the work
so opened or a waiver of any provision of the Contract. Any damage
to the portion of the work so opened that is not attributable to
traffic which is permitted by the Owner shall be repaired by the
Contractor at his expense.
70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's
final written acceptance of the entire completed work, excepting
only those portions of the work accepted in accordance with the
subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor
shall have the charge and care thereof and shall take every
III-41
precaution against injury or damage to any part due to the action
of the elements or from any other cause, whether arising from the
execution or from the nonexecution of the work. The Contractor
shall rebuild, repair, restore, and make good all injuries or
damages to any portion of the work occasioned by any of the above
causes before final acceptance and shall bear the expense thereof
except damage to the work due to unforeseeable causes beyond the
control of and without the fault or negligence of the Contractor,
including but not restricted to acts of God such as earthquake,
tidal wave, tornado, hurricane or other cataclysmic phenomenon of
nature, or acts of the public enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor
shall be responsible for the work and shall take such precautions
necessary to prevent damage to the work. The Contractor shall
provide for normal drainage and shall erect necessary temporary
structures, signs, or other facilities at his 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 SURFACES 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.
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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.
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 shall be given to the Engineer.
In addition to the general written notification hereinbefore
provided, it shall be the responsibility of the Contractor to keep
such individual Owners advised of changes in his plan of operations
that would affect such owners.
Prior to commencing the work in the general vicinity of an existing
utility service or facility, the Contractor shall again notify each
such 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 gene~al 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
111-43
required to ensure protection from damage due to the Contractor's
operations.
Should the Contractor damage or interrupt the operation of a
utility service or facility by accident or otherwise, he shall
immediately notify the proper authority and the Engineer and shall
take all reasonable measures to prevent further damage or
interruption of service. The Contractor, in such events, shall
cooperate with the utility service or facility Owner and the
Engineer continuously until such damage has been repaired and
service restored to the satisfaction of the utility or facility
owner.
The Contractor shall bear all costs of damage and restoration of
service to any utility service'.or facility due to his 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
granted to him by this Contract, there shall be no liability upon
the Engineer, his authorized representatives, or any officials of
the Owner either personally or as an official of the Owner. It is
understood that in such matters they act solely as agents and
representatives of the Owner.
70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the
Owner will expeditiously make final inspection and notify the
Contractor of final acceptance. Such final 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
111-44
part of the Contract shall not be held to b~ 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, bi tumens, chemicals, or other harmful materials and to
prevent pollution of the atmosphere from particulate and gaseous
matter.
In the event of conflict between Federal, State or local laws,
codes, ordinances, rules and regulations concerning pollution
control, the most restrictive applicable ones shall apply.
The Contractor shall pay special attention to the pollution control
requirements of the several specifications. Work items which may
cause excessive pollution and shall be closely controlled by the
Contractor are:
(a) Clearing, grubbing, burning or other disposal.
(b) Stripping, excavation, and embankment.
(c) Drainage and ditching.
(d) Aggregate production, handling and. placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous materials handling, production,
and paving.
(g) Seeding, fertilizing, mulching and use of herbicides or
insecticides.
(h) Contractor's own housekeeping items; haul roads; sanitary
facilities; water supply; equipment fueling, servicing and
cleaning; job clean up and disposal.
111-45
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
subj ect 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 area 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 this Contract, shall be subj ect to
approval of the Engineer and the d~ration 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.
III-46
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 prohibited1 except as found
necessary and approved by the Engineer.
g. The Contractor shall conduct his work in such manner as
to prevent the entry of fuels, oils, bituminous materials,
chemicals, sewage or other harmful materials into streams, rivers,
lakes or reservoirs.
h. Water 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
111-47
or failure to install permanent controls at the proper time, shall
be repaired at the Contractor's expense.
(2) Open Burning of Combustible Wastes.
a. The Contractor shall obtain a burning permit from local
authorities, where applicable, prior to any burning.
b. All burning shall conform to the conditions of the
permit, except that the conditions herein shall apply if they are
more restrictive.
c. No tires, oils (except 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.
a. Minimum possible areas of open grading, borrow or
aggregate excavation shall be exposed at one time, consistent with
the progress of the Work.
111-48
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 . Bi tuminous mixing plants shall be equipped wi th dust
collectors as noted in the Specifications.
j · Quarrying, batching, and mixing operations and the
transfer of material between trucks, bins, or stockpiles shall be
properly controlled to minimize dust diffusion.
k. When necessary, certain operations shall be delayed until
proper wind or climatic conditions exist to dissipate or inhibit
potential pollutants to the satisfaction of the Engineer.
70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise
specified in this subsection, the Contractor is advised that the
site of the work is not within any property, district, or site, and
does not contain any building, structure, or object listed in the
current National Register of Historic Places published by the
United States Department of Interior.
111-49
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 Contractor to perform Extra Work, such shall be covered
by an appropriate contract modification (change order or
supplemental agreement) as provided in the subse.ction titled EXTRA
WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK
AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract
modification shall include an extension of Contract time in
accordance with the subsection titled DETERMINATION AND EXTENSION
OF CONTRACT TIME of Section 80.
70-22 THIS SECTION NOT USED.
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.
III-50
70-24 SUBMITTAL 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 the surety, shall be presented for the
consideration and approval of the Owner, and shall be consummated
only on the written approval of the Owner. In case of approval,
the Contractor shall file copies of all subcontracts with the
Engineer.
80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract
and prior to the issuance of the "Notice to Proceed", a conference
will be held to discuss the "Notice to Proceed" date, to establish
procedures for handling shop drawings and other submissions and for
processing applications for payment, and to establish a working
understanding between the parties as to the project.
80-03 NOTICE TO PROCEED. The notice to proceed shal_l 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. The Contractor's progress schedule, when approved by the
III-51
Engineer, may be used to establish major construction operations
and to check on the progress of the work. The Contractor shall
provide sufficient materials, equipment, and labor to guarantee the
completion of the project in accordance with the Plans and
Specifications within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted
schedule, the Contractor shall, upon the Engineer's request, submit
a revised schedule for completion of the work within the Contract
time and modify his operations to provide such additional
materials, equipment, and labor necessary to meet the revised
schedule. Should the prosecution of the work be discontinued for
any reason, the Contractor shall notify the Engineer at least 24
hours in advance of resuming operations.
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 and all
suppliers so as to provide for the free and unobstructed movement
of aircraft in the AIR OPERATIONS AREAS of the airport.
When the work requires the Contractor to conduct his operations
within an AIR OPERATIONS AREA of the airport, the work shall be
coordinated with airport management (through the Engineer) at least
48 hours prior to commencement of such work. The Contractor shall
not close an AIR OPERATIONS AREA until so 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 with~n an
AIR OPERATIONS AREA of the airport on an intermittent basis
(intermittent opening and closing of the AIR OPERATIONS AREA), the
Contractor shall maintain constant communications as hereinafter
specified; immediately obey all instructions to vacate the AIR
OPERATIONS AREA; immediately obey all instructions to resume work
in such AIR OPERATIONS AREA. Failure to maintain the specified
communications or to obey instructions shall be cause for
suspension of the Contractor's operations in the AIR OPERATIONS
AREA until the satisfactory conditions are provided.
III-52
80- 06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The
Contractor shall, at all times, employ sufficient labor and
equipment for prosecuting the work to full completion in the manner
and time required by the Contract, Plans, and Specifications.
All workers shall have sufficient skill and experience to perform
properly the Work assigned to them. Workers engaged in special
work or skilled work shall have sufficient experience in such work
and in the operation of the equipment required to perform the work
satisfactorily.
All equipment which is proposed to be used on the work shall be of
sufficient size and in such mechanical condition as to met
requirements of the Work and to produce .a satisfact.ory quality of
work. Equipment used on any portion of the work shall be such that
no injury to previously completed work, adjacent property, or
existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in
accomplishing the work are not prescribed in the Contract, the
Contractor is free to use any methods or equipment that will
accomplish the work in conformity with the requirements of the
Contract, Plans, and Specifications.
When the Contract specifies the use of certain methods and
equipment, such methods and equipment shall be used unless others
are authorized by the Engineer. If the Contractor desires to use
a method or type of equipment other than specified in the Contract,
he may request authority from the Engineer to do so. The request
shall be in writing and shall include a full description of the
methods and equipment proposed and of the reasons for desiring to
make the change. If approval is given, it will be on the condition
that the Contractor will be fully responsible for producing work in
conformity with Contract requirements. If, after trial use of the
substituted methods or equipment, the Engineer determines that the
work produced does not meet Contract requirements, the Contractor
shall discontinue the use of the substitute method or equipment and
shall complete the remaining work with the specified methods and
equipment. The Contractor shall remove any deficient work and
replace it with work of specified quality, or take such other
corrective action as the Engineer may direct. No change will be
made in basis of payment for the Contract items involved nor in
III-53
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, to, 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:
(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 wi th the principal i tern 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
III-54
normal work force be on a triple-shift, 18 hours shall apply.
Conditions beyond the Contractor's control such as strikes,
lockouts, unusual delays in transportation, temporary suspension of
the principal item of work under construction or temporary
suspension of the entire work which have been ordered by the
Engineer for reasons not the fault of the Contractor shall not be
charged against the Contract Time.
(2) The Engineer will not make charges against the Contract
Time prior to the effective date of the notice to proceed.
(3) The Engineer will begin charges against the Contract
Time on the first working day after the effective date of the
Notice to Proceed.
(4) The Engineer will not make charges against the Contract
Time after the date of final acceptance as defined in the
subsection 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 the Owner's orders to
III-55
suspend and resume all work, due to causes not the fault of the
Contractor, shall be excluded.
At the time of final payment, the Contract time shall be increased
in the same proportion as the cost of the actually completed
quantities bears to the cost of the originally estimated quantities
in the proposal. Such increase in the Contract time shall not
consider either cost of work or the extension of Contract Time that
has been covered by a change order or supplemental agreement.
Charges against the Contract Time will cease as of the date of
final acceptance.
(c) When the Contract Time is a specified completion date, it
shall be the date on which all Contract Work shall be substantially
completed.
If the Contractor finds it impossible for reasons beyond his
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 finds that the
work was delayed because of conditions beyond the control and
without the fault of the Contractor, he may extend the time for
completion in such amount as the conditions justify. The extended
time for completion shall then be in full force and effect, the
same as though it were the original time for completion.
80-09 FAILURE TO COMPLETE ON TIME. For each calendar day, 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) t~e sum specified in the Contract
and proposal as liquidated damages will be deducted from any money
due or to become due the Contractor or his 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.
III-56
Permitting the Contractor to continue and finish the work or any
part of it after the time fixed for its completion, or after the
date to which the time for completion may have been extended, will
in no way operate as a wavier on the part of the Owner of any of
its rights under the Contract.
80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall
be considered in default of his Contract and such default will be
considered as cause for the Owner to terminate the Contract for any
of the following reasons if the 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 ~ork or fails to provide sufficient
workers, equipment or materials to assure completion of work in
accordance with the terms of the Contract, or
(c) Performs the work unsuitably or neglects or refuses to
remove materials or to perform anew such work as may be rejected as
unacceptable and unsuitable, or
(d) Discontinues the prosecution of the work, or
(e) Fails to resume work which has been discontinued within a
reasonable time after notice to do so, or
(f) Becomes insolvent or is declared bankrupt, or commits any
act of bankruptcy or insolvency, or
(g) Allows any final judgment to stand against him unsatisfied
for a period of 10 days, or
(h) Makes an assignment for the benefit of creditors, or
(i) For any other cause whatsoever, fails to carryon the work
in an acceptable manner.
Should the Engineer consider the Contractor in defaul t 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 defaul t and the
Owner's intentions to terminate the Contract.
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If the Contractor or surety, within a period of 10 days after such
notice, does not proceed in accordance therewith, then the Owner
will, upon written notification from the Engineer of the facts of
such delay, neglect, or default and the Contractor's failure to
comply with such notice, have full power and authority without
violating the Contract, to take the prosecution of the work out of
the hands of the Contractor. The Owner may appropriate or use any
or all materials and equipment that have been mobilized for use in
the work and are acceptable and may enter into an agreement for the
completion of said Contract according to the terms and provisions
thereof, or use such other methods as in the opinion of the
Engineer will be required for the completion of said Contract in an
acceptable manner.
All costs and charges incurred -by the Owner, together with the cost
of completing the work under contract, will be deducted from any
monies due or which may become due the Contractor. If such expense
exceeds the sum which would have been payable under the Contract,
then the Contractor and the surety shall be liable and shall pay to
the Owner the amount of such excess.
80-11 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
wi th respect to the prosecution of war or in the interest of
National Defense.
When the Contract, or any portion thereof, is terminated before
completion of all items of work in the Contract, payment will be
made for the actual number of units or items of wo'rk- 'completed at
the Contract price or as mutually agreed for items of work
partially completed or not started. No claims or loss of
~nticipated profits shall be considered.
Reimbursement for organization o~ 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 incorporated in the work shall, at the option
III-58
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.
Contract will be measured by the
representatives, using units of
Contract Documents.
All. work completed under the
Engineer, or his authorized
measurement specified in the
The method of measurement and computations to be used in
determination of quantities of material furnished and of work
performed under the Contract will be those methods generally
recognized as conforming to good Engineering practice.
Unless otherwise specified, longitudinal measurements for area
computations will be made horizontally, and no deductions will be
made for individual fixtures (or leave-outs) having an area of 9
square feet (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 t~ neat lines shown on the
Plans or as altered to fit field conditions.
Unless otherwise specified, all Contract items which are measured
by the linear foot (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.
The thickness of plates and galvanized sheet used in the
manufacture of corrugated metal pipe, metal plate pipe culverts and
III-59
arches, and metal cribbing will be specified and measured in
decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds
(907 kilograms) avoirdupois. All materials which are measured or
proportioned by weights shall be weighed on accurate, approved
scales by competent, qualified personnel at locations designed by
the Engineer. If material is shipped by rail, the car weight may
be accepted provided that only the actual weight of material be
paid for. However, car weights will not be acceptable for material
to be passed through mixing plants. Trucks used to haul material
being paid for by weight shall be weighed empty daily at such times
as the Engineer directs, and each' t"rucks-hallbear a plainly
legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be
hauled in approved vehicles and measured therein at the point of
delivery. Vehicles for this purpose may be of any size or type
acceptable to the Engineer, provided that the body is of such shape
that the actual contents may be readily and accurately determined.
All vehicles shall be loaded to at least their water level
capacity, and all loads shall be leveled when the vehicles arrive
at the point of delivery. When requested by the Contractor apd
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.
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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 i-tern. of payment will mean
complete payment for the work described in the Contract.
When a complete structure or structural unit (in effect, "lump sum"
work) is specified as the unit of measurement, the unit will be
construed to include all necessary fittings and accessories.
Rental of equipment will be measured by time in hours of actual
working time and necessary traveling time of the equipment within
the limits of the work. Special equipment ordered by the Engineer
in connection with force account work will be measured as agreed in
the change order or supplemental agreement authorizing such force
account work as provided in the subsection titled PAYMENT FOR EXTRA
AND FORCE ACCOUNT work of this section.
When standard manufactured items are specified such as fence, wire,
plates, rolled shapes, pipe conduit, etc., and these items are
identified by gage, unit weight, section dimensions, etc., such
identification will be considered to be nomi.nal 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
II1-61
beginning work and at such other times as requested. The intervals
shall be uniform in spacing throughout the graduated or marked
length of the beam or dial and shall not exceed one-tenth of 1
percent of the nominal rated capacity of the scale, but not less
than 1 pound (454 grams). The use of spring balances will not be
permitted.
Beams, dials, platforms, and other scale equipment shall be so
arranged that the operator and the inspector can safely and
conveniently view them.
Scale installations shall have available ten standard 50-pound (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 than correct weight) will
not be permitted to operate, and all materials received subsequent
to the last previous correct weighing-accuracy test will be reduced
by the percentage of error in excess of one-half of one percent.
In the event inspection reveals the scales have been
"underweighing" (indicating less than correct weight), they shall
be adjusted, and no additional payment to the Contractor will be
allowed for materials previously weighed and recorded.
All costs in connection with furnishing, installing, certifying,
testing, and maintaining scales; for furnishing check weights and
scale house; and for all other items specified in this subsection,
for the weighing of materials for proportioning or payment, shall
be included in the unit Contract prices for the various items of
the project.
When the estimated quantities for a specific portion of the work
are designated as the pay quantities in the Contract, they shall be
the final quantities for which payment for such specific portion of
the work will be made, unless the dimensions of said portions of
the work shown on the Plans are revised by the Engineer. If
revised dimensions result in an increase or decrease in the
quantities of such work, the final quantities for payment will be
111-62
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, subj ect 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 OF WORK AND QUANTITIES of Section 40, will be made for
any increased expense, loss of expected reimbursement, or loss of
anticipated profits suffered or claimed by the Contractor which
results directly from such alterations or indirectly from his
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
111-63
completed and acceptable prior to the Engineer's order to omit or
non-perform such Contract item.
Acceptable materials ordered by the Contractor or delivered on the
work prior to the date of the Engineer's order will be paid for at
the actual cost to the Contractor and shall thereupon become the
property of the Owner.
In addition to the reimbursement hereinbefore provided, the
Contractor shall be reimbursed for all actual costs incurred for
the purpose of performing the omitted Contract item prior to the
date of the Engineer'S order. Such additional costs incurred by
the Contractor must be directly related to the deleted Contract
item and shall be supported by certified statements by the
Contractor as to the nature the amount of such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra Work,
performed in accordance with the subsection titled EXTRA WORK of
Section 40, will be paid for at the Contract prices or agreed
prices specified in the change order or supplemental agreement
authorizing the Extra Work. When the change order or supplemental
agreement authorizing the Extra Work requires that it be done by
force account, such force account shall be measured and paid for
based on expended labor, equipment, and materials plus a negotiated
and agreed upon allowance for overhead and profit, 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 th~ 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:
111-64
(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,
compensation insurance premiums,
contributions, and social security tax.
liability and workman's
unemployment insurance
Statements shall be accompanied and supported by a receipted
invoice for all materials used and transportation charges. However,
if materials used on the force account work are not specifically
purchased for such work but are taken from the Contractor's stock,
then in lieu of the invoices the Contractor shall furnish an
affidavit certifying that such materials were taken from his stock,
that the quantity claimed was actually used, and that the price and
transportation claimed represent the actual cost to the Contractor.
90-06 PARTIAL PAYMENTS. Partial payments will be made at least
once each month as the work progresses. Said payments will be
based upon estimates prepared by the Engineer of the value of the
work performed and materials complete in place in accordance with
the Contract, Plans, and Specifications. Such partial payments may
also include the delivered actual cost of those materials
stockpiled and stored in accordance with the subsection titled
PAYMENT FOR MATERIALS ON HAND of this section.
No partial payment will be made when the amount due the Contractor
since the last estimate amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial
payment, 10 percent of such total amount will be deducted and
retained by the Owner until the final payment is made, except as
may be provided (at the Contractor's option) in the subsection
titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90
percent) of the amount payable, less all previous payments, shall
be certified for payment. Should the Contractor exercise his
option, as provided in the subsection titled PAYMENT OF WITHHELD
III-65
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 suppl'emental 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 wi th
satisfactory evidence that the material and transportation costs
have been paid.
111-66
(d) The Contractor has furnished the Owner legal title (free
of liens or encumbrances of any kind) to the material so stored or
stockpiled.
(e) The Contractor has furnished the Owner evidence that the
material so stored or stockpiled is insured against loss by damage
to or disappearance of such materials at anytime prior to use in
the work.
It is understood and agreed that the transfer of title and the
Owner's payment for such stored or stockpiled materials shall in no
way relieve the Contractor of his 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 the
Contractor's receipt of the Engineer's final estimate. If, after
such 3D-day period, a dispute still exists, the Contractor may
111-67
approve the Engineer's estimate under protest of the quantities in
dispute, and such disputed quantities shall be considered by the
Owner as a claim in accordance with the subsection titled CLAIMS
FOR ADJUSTMENT AND DISPUTES of Section 50.
After the Contractor has approved, or approved under protest, the
Engineer's final estimate, final payment will be processed based on
the entire sum, or the undisputed sum in case of approval under
protest, determined to be due the Contractor less all previous
payments and all amounts to be deducted under the provisions of the
Contract. All prior partial estimates and payments shall be
subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation
under the provisions of the subsection titled CLAIMS FOR
ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of
this subsection, such claims will be considered by the Owner in
accordance with local laws or ordinances. Upon final adjudication
of such claims, any additional payment determined to be due the
Contractor will be paid pursuant to a supplemental final estimate.
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/~370-2C "Operational Safety of
Airports with Emphasis on Safety During Construction". In
addition, the Contractor will be required to comply with all Safety
and Security Requirements stipulated in the Contractor's Safety and
Security Requirements stated on Plan Sheet 2 of 11, "Summary of
Quantities, Safety and Security Notes".
111-68
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 his/her own expense, insurance as
specified in the attached schedules, which are made part of this
contract. The Contractor will also ensure that the insurance
obtained will extend protection to all subcontractors engaged by
the Contractor. As an alternative, the Contractor may require all
subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by
this contract (including pre-staging of personnel and material)
until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the
commencement of work resulting from the failure of the Contractor
to provide satisfactory evidence of the required insurance shall
not extend deadlines specified in this contract and any penalties
and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the
entire term of this contract and any extensions specified in any
attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the
completion of the work resulting from the failure of the Contractor
to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended,
except for the Contractor's failure to maintain the required
insurance.
The Contractor shall provide to the County as satisfactory evidence
of the required insurance either:
- Certificate of Insurance, or
A certified copy of the actual insurance policy.
111-69
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 "Addit.ional 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.
111-70
To assist in the development of your proposal, the insurance
coverages marked with an UX" will be required in the event an award
is made to your firm. Please review this form with your insurance
agent and have him sign it in the place provided. It is also
required that the bidder sign the form and submit it with each
proposal.
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
Workers' Compensation Statutory Limits
WC1 X Employer's Liability $100,000/$500,000/$100,000
WC2 Employer's Liability '$500 ~ 000/"$500 ,000 1$5'00~'000
WC3 Employer's Liability $1,000,000/$1,000,000/$1,000,000
GENERAL LIABILITY
As a minimum, the required general liability coverages will
include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal injury
- Expanded Definition of Property Damage
Required Limits:
GL1
x
$100,OOO/person; $300,OOO/occurrence
$ 50,000 property damage or
$300,000 combined single limit
$250,OOO/person; $500,OOO/occurrence
$ 50,000 property damage or
$500,000 combined single limit
$ 500,OOO/person; $l,OOO,OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
GL2
GL3
III-71
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
Required Limits:
VLI X $ SO,OOO/personj $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
VL2 $100,000/personj $300, -OOO/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 $ SOO,OOO/personj $1, 000, OOO/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below.
The following deductibles apply to the corresponding policy:
POLICY: Travelers Ins. 1810290K8809
DEDUCTIBLES: $500 Comprehensive/$500Collision
Liability policies are X Occurrence
Seitlin & Company Insurance
Insurance Agency
111-72
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the
contract and will comply in full with all the requirements.
~ ? '
~ A-t<.A.t s. t-L( d16l-fWLVCtL
Bidder
1II-73
~
f11E-5t.dt' '--I
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
6826717
CONTRACT:
BETWEEN MONROE COUNTY, FLORIDA
AND
CONRET, INC.
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- Emp.loyers' Liability
Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the
contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida and the company or
companies must maintain a minimum rating of A-V1 as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida Department of
Labor as an authorized self-insurer, the County shall recognize and
honor the Contractor's status. The Contractor shall be required to
submit a Letter of Authorization issued by the Department of Labor
and a Certificate of Insurance providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a
Certificate of Insurance will be required. In addition, the
Contractor will be required to submit updated financial statements
from the fund upon request from the County.
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GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT: 6826717
BETWEEN MONROE COUNTY, FLORIDA
AND
CONRET, INC.
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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall
be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
An Occurrence Form policy is preferred. If coverage is provided on
a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of
work by the County.
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above
requirements.
111-75
VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT: 6826717
BETWEEN MONROE COUNTY, FLORIDA
AND
CONRET" INC.
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:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall
be:
$50,000 per person
$100,000 per occurrence
$25,000 property damage
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above
requirements.
111-76