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09/15/2010 AgreementCONTRACT DOCUMENTS TAXIWAY "A" PAVEMENT MARKING REHABILITATION FLORIDA KEYS MARATHON AIRPORT MONROE COUNTY, FLORIDA Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. SYLVIA MURPHY, DISTRICT 5 MS. HEATHER CARRUTHERS, DISTRICT 3 MS. KIM WIGINGTON, DISTRICT 1 MR. GEORGE NEUGENT, DISTRICT 2 MR. MARIO DI GENNARO, DISTRICT 4 Prepared by: URS CORPORATION March 31, 2010 a -� g Z= F= _ r C) MAYOR MAYOR PROTEM COMMISSIONER COMMISSIONER COMMISSIONER ADDENDA NO. 1 June 21, 2010 NOTICE OF CALLING FOR BIDS B I D-MAP-195-170-2010-P U R/CV TAXIWAY "A" PAVEMENT MARKING REHABILITATION FLORIDA KEYS MARATHON AIRPORT MARATHON, MONROE COUNTY, FLORIDA Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. SYLVIA MURPHY, DISTRICT 5 MS. HEATHER CARRUTHERS, DISTRICT 3 MS. KIM WIGINGTON, DISTRICT 1 MS. GEORGE NEUGENT, DISTRICT 2 MR. MARIO DI GENNARO, DISTRICT 4 MAYOR MAYOR PRO TEM COMMISSIONER COMMISSIONER COMMISSIONER Addendum No 1 T/W A PKMAP BID-MAP-195-170-2010-PUR/CV Page 1 of 7 ADDENDA NO. 1 JUNE 211,2010 NOTICE OF CALLING FOR BIDS B ID-MAP-195-170-2010-PUR/C V TAXIWAY "A" PAVEMENT MARKING REHABILITATION FLORIDA KEYS MARATHONAIRPORT MARATHON, MONROE COUNTY, FLORIDA The following should be added to Division I, Section F found at aalze I-22; "In order to determine if persons submitting bids are responsible, all Bids must contain the following information: 1) A list of the person's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members; 2) A list of the officers and directors of the person; 3) The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid. 4) The number of years the person has operated under its present name and any prior names; 5) Answers to the following questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or general partners? (If yes, provide details.) c. Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications? (If yes, provide details) d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details) e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. Customer references; g. Credit references. Addendum No 1 TNV A FKMAP BID-MAP-195-170-2010-PUR/CV Page 2 of 7 The following should be added to Division H, Section D found at page H-6: 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principals consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to Contractor. 9. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 10. HOLD HARMLESS: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Addendum No 1 TNV A FKMAP BID-MAP-195-170-2010-PUR/CV Page 3 of 7 The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Reggie Paros, Manager Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 Office (305) 289-602 or 289-6060 Facsimile: (305) 743-0396 Email: paros-reaaielcmonroecounty-fl.gov FOR CONTRACTOR: Addendum No 1 TAN A FKMAP BID-MAP-195-170-2010-PUR/CV Page 4 of 7 14. GOVERNING LAW, VENUE INTERPRETATION,. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each parry agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Addendum No 1 T/W A FKMAP BID-MAP-195-170-2010-PUR/CV Page 5 of 7 19. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Addendum No 1 T/W A FKMAP BID-MAP-195-170-2010-PUR/CV Page 6 of 7 25. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. Addendum No 1 T/W A FKMAP BID-MAP-195-170-2010-PUR/CV Page 7 of 7 APPROVAL TO ISSUE ADDENDUM The Requesting Department Director, Division Director or designee and the Purchasing Director or designee, shall approve any addendum to a request for formal sealed bids. The addendum shall clearly point out any addition or change to the specifications. / I Department!-Y-1lrector or esignee ]Date Division Director or designee Date Purchasing Supervisor (designee) Date Addendum No. 1 Taxiway A FKMAP 6/21/10 BID-MAP-195-170-2010-PUR/CV FLORIDA KEYS MARATHON AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS • -� TAXIWAY "A" PAVEMENT MARKING REHABILITATION Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORATION March 31, 2010 TABLE OF CONTENTS DIVISIONi.......................................................................... BID DOCUMENTS DIVISION11................................................................................... CONTRACT DIVISION III..............................................................GENERAL PROVISIONS DIVISION IV............................................................... SPECIAL PROVISIONS DIVISION V .....................................................TECHNICAL SPECIFICATIONS BID DOCUMENTS DIVISION 1 BID DOCUMENTS SECTION A - NOTICE OF CALLING FOR BIDS.............................................................1-2 SECTION B - INSTRUCTIONS TO BIDDERS.................................................................I-5 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS.......................................I-15 SECTIOND - BID BOND................................................................................................I-19 SECTION E - DRUG -FREE WORK PLACE...................................................................I-21 SECTION F - PRIME BIDDER'S QUALIFICATIONS....................................................1-22 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES..................................................I-24 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM ..........................1-25 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ......... (N/A) 1-26 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT..........................................................I-27 SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITYCRIMES......................................................................................1-29 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990...................1-32 SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES .........................1-33 SECTION N - FEDERAL WAGES DECISION................................................................I-34 SECTION O - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29.............................................................1-35 SECTION P - LOCAL PREFERENCE FORM................................................................I-36 1-1 SECTION A NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on Wednesday, July 141h 2010 at 3:00 PM, the Monroe County Purchasing Office will open sealed bids for the following: Furnishing of all labor and materials and performing all work for constructing the following contract: Taxiway "A" Pavement Marking Rehabilitation Florida Keys Marathon Airport Monroe County, Florida The major items of work for the contract will be: This project will involve pavement marking of the taxiway centerline for the entire length of parallel taxiway "A" and intersecting taxiways B, C, D, and E; including the lead-off and lead -on markings and runway holding position markings. Additionally, taxiway edge dashed marking will be performed where taxiway "A" is contiguous to the terminal's commercial apron. All proposed pavement marking will be outlined with 6" of black paint. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at: www.demandstar.com OR http://www.co.monroecounty-fl.gov/pages/msd/bids.htm or call toll -free at 1-800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. Technical questions should be directed to the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami, Florida 33126-1220; Telephone: (305) 262-7466; Fax (305) 261-4017. " Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope marked on the outside with the Bidder's name and "Sealed Bid for Taxiway "A" Pavement Marking Rehabilitation at the Florida Keys Marathon Airport", addressed and delivered to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, Florida 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All bids must be received by the County Purchasing Office before 3:00 PM on Wednesday, July le, 2010. Any bids received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand -delivered or couriered. Faxed or e-mailed bids will be automatically rejected. Hand delivered Bids may request a receipt. If sent by mail or by courier, the above -mentioned envelope shall be enclosed in 1-2 another envelope addressed to the entity and address stated above. Bidders should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Bidder to ensure their proposal is received in a timely fashion. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All bids must remain valid for a period of ninety (90) days from the date of the deadline for bid stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to re -advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. Each bid for projects estimated to exceed one hundred fifty thousand dollars ($150,000.00) must be accompanied by a bid security in an amount equal to five (5) percent of the bid price either in the form of a certified check made payable to the Monroe County Board of Commissioners or in a bond from a surety company authorized to do business in Florida. A project may not be divided into sub -parts to avoid the requirement for the bid security. The bid securities will remain in the custody of the OMB (Office of Management and Budget) director until forfeited or released. If, after the board accepts the bid the bidder refuses to execute the contract or commence the work or provide the goods called for, then the bid security will be forfeited to, and become the property of, the county as liquidated damages for the county's loss of bargain. If the successful bidder executes the contract and commences performance, then the bid security will be returned. The bid securities of unsuccessful bidders and bid securities in the county's possession for more than ninety (90) days from the date of bid opening must also be returned. Bond of contractor constructing public buildings. Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and 1-3 manner prescribed in the contract and promptly making payments to all persons who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action shall not involve the public authority in any expense. When such work is done for the state and the contract is for $100,000 or less, no payment and performance bond shall be required. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond. When such work is done for the state, the Secretary of Management Services may delegate to state agencies the authority to exempt any person entering into such a contract amounting to more than $100,000 but less than $200,000 from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. The Department of Management Services shall maintain information on the number of requests by state agencies for delegation of authority to waive the bond requirements by agency and project number and whether any request for delegation was denied and the justification for the denial. Any provision in a payment bond furnished for public work contracts as provided by this subsection which restricts the classes of persons protected by the bond or the venue of any proceeding relating to such bond is unenforceable. If applicable, a public construction bond will be required for 100% of the contract price. Certification of Non -segregated Facilities and Equal Opportunity Report Statements must be signed as included in the bid proposal. Failure to complete these forms may be grounds for rejecting bids. 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 to perform this type of work. Non-residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida. All bidders submitting bids for construction, improvement, remodeling or repair of public building, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.113 FS, unless exempt under Ch. 489.103 FS. Dated at Key West, this day of , 20 Monroe County Purchasing Department 1-4 2. 3. 4. SECTION B INSTRUCTIONS TO BIDDERS CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent (5%) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. No Bid Bond will be required if the contract amount is less than $150,000.00. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and the Contract Documents and he shall investigate and satisfy himself as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, he may submit to the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami, Florida, 33126-1220, a written request for an interpretation of the proposed documents. Such interpretations will be made only by Addenda and a copy of each Addendum will be mailed or delivered to each bidder receiving a set of such Contract Documents. Requests for interpretation will be accepted up to fifteen (15) calendar days prior to the bid due date. ADDENDA: Any Addenda issued during the preparation of Proposal and shall become a part of the Contrac attention must be called to these changes as well have on their work. bids shall be included in the t Documents. Subcontractor's as to the effect Addenda may 1-5 5. PREPARATION OF PROPOSAL: Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual, his name and post office address must be shown. If a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If a corporation, the Proposal must designate the state under the laws of which the corporation is chartered, the names, titles and business addresses of its officers and the one signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporation. On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column for each bid item exclusive of those items for which a fixed contract unit price and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit price (words and figures) and extension (figures only) columns. After all extensions are made, the bidder shall total the extended amounts of the bid items and show his total of the extended amounts of the bid items and show his total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typed. Any inter -lineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Owner will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE BIDS: Where alternate designs are provided by the plans and proposal, the bidder shall enter prices only on the items for the design alternate that will be most economical for, him to construct and other bid items that will be common for all alternates. The bidder shall enter the words "No Bid" in the unit price column on items for the design alternates not selected. If any item on the proposal form permits a choice between alternate specified types of materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. M Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be grounds for rejection of the proposal. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive minor irregularities in any bid. 8. BID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 9. PRE -QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. Bidder shall submit "Evidence of Competency", consisting of statements covering the bidder's past experience on similar work, a list of equipment that would be available, latest financial statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's Qualification Form.) 10. AWARD OF CONTRACT: The award of the contract, should it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will be made within ninety (90) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to the successful bidder at the address stated in his proposal. 11. RETURN OF BID BOND: All bid bonds except those of the two lowest qualified bidders will be returned promptly after the tabulation of the bids has been made and in no case will a bid bond be held longer than ninety (90) days without the bidder's written consent. 1-7 12. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within fifteen(15) 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 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 fifteen (15) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re - advertise. 14. CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within ten 10 calendar days. If the Contractor does not comply with the contract time, then liquidated damages will apply as per Special Provisions No. 2 and 3. 15. CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No. 1, Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 16. BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: M A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) D. Drug -free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) F. Disclosure of Lobby Activities (Division I, Section G) G. Acknowledgment of Receipt of Addendum (Division I, Section H) H. Bidder's Affidavit in Compliance With the Florida Trench Safety Act (Division I, Section J) I. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public Entity Crimes (Division I, Section K) J. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) (Division I, Section L) K. Certification of Non -segregated Facilities (Division 1, Section M) L. Certification regarding Department, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, Section O) M. Copy of Contractor's license for State of Florida N. Bidder's Statement on Insurance (Division III, Section 140) O. Local Preference Form (Division I, Section P) [O 17. MARKING AND MAILING BIDS: Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed and marked on the outside as follows: Monroe County Purchasing Department 1100 Simonton Street Suite 1-213 Key West, Florida 33040 Taxiway "A" Pavement Marking Rehabilitation Florida Keys 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 already submitted will be considered if received prior to the hour set for opening. 18. WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19. BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either in person or by representation. 20. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by any one party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 21. ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, 1-10 specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23. COLLUSION: If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50%) of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the contractor and the Contractor will be responsible to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 25. PERMITS: The County permit fees for the project are $0.00, which shall be an expense of the Contractor. The county cautions bidders that the contractor shall also be responsible for the permit fees of any state or federal agency having permitting jurisdiction over the project, including but not limited to, the ACE, DNR, and DER. 26. PRE -SUBMITTALS: Pre -submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 27. SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. The contractor shall submit five (5) copies of each shop drawing to the engineer for approval. 28. FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 29. SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re -mobilization or re -negotiation for time delay can be made. Depending on the bids received, certain quantities may be increased or decreased and no provision shall be made for re -negotiation (see Division I, General Provisions, Section 40, for further information). 30. PROJECT FUNDING: Work included in this project is being funded in part by the use of Passenger Facility Charges collected by Monroe County, and in part from Federal funds under the FAA Airport Improvement Program (AIP). 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are N/A DBE subcontractor goals for the FAA funding projects on this 1-12 contract. Should any DBE subcontractors be used on this contract, the subcontractor's name, address, type of work performed and subcontract amount shall be reported as part of the project close-out documentation submitted with the information requested in Special Provision No. 1, Section 25, "Project Documentation". 32. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the Florida Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 26, as amended, shall apply to this contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section I. 34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to 1-13 their race, age, creed, color, sex, or national origin. Such action shall include , but not be limited to, the following: Employment upgrading, demotion, or transfe, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Nonsegregated Facilities as required by Section 120, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section M. 36. LOCAL PREFERENCE FORM: Any person submitting a proposal or bid in response to this invitation must execute the enclosed LOCAL PREFERENCE FORM and submit it with his/her proposal or bid. Failure to complete this form will result in disqualification from receiving local vendor preference. This form is provided in Division I, Section P. 1-14 SECTION C PROPOSAL AND SCHEDULE OF BID ITEMS Contract BID TO: Monroe County Purchasing Department 1100 Simonton Street Suite 1-213 Key West, Florida 33040 BID FROM: Hi-Lite Markings, Inc. PO Box 460 18249 Hi-Lite Drive Adams Center, NY 13606 Submitted (Date): _July 14. 2010 The undersigned, as Bidder, hereby declares that he has examined the and informed himself fully in regard to all conditions pertaining to the work is to be done; that he has examined the plans and specifications contractual documents relative thereto, and has read all bid docu Documents, General Provisions, Special Provisions and Specification that he has satisfied himself�relative to the work to be performed. The Bidder proposes and agrees, if this proposal Is accepted, to Monroe County Board of Commissioners, in the form of contract speci necessary materials, equipment, machinery, tools, apparatus, means and labor necessary to and to complete the construction of: Taxiway "A" Pavement Marking Rehabilitation Florida Kevs Marathon Airport Monroe -County, Florida in full and complete accordance with the shown, noted, described Intended requirements of the plans, specifications and contract docu and entire satisfaction of the Monroe County Board of Commissioner understanding that no money will be allowed for extra work except attached Contract Documents for the unit prices listed opposite each ite site of tie work dace where the or the work and vents, Contract furnished; and itract with the I, to furnish all transportation nd reasonably ents to the full with a definite set forth in the 1-15 The Contractor shall complete the Schedule of Values included as Att chment "A". The Schedule shall be added ar>d the final total base bid amount will be: $ Fody nine o nine hundred five & 00/1 0 Dollars (total base bid — words) It is agreed that the description under each item, being briefly stated, in plies, although it does not mention, all incidentals and that the prices stated are inter ded to cover all such work, materials and incidentals as constitute Bidder's obligationt as described in the specifications and any details not specifically mentioned, but evid antly included in the contract shall be compensated for in the item which most logically i cludes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities ;and actual quantities required for constr tion will not be allowed as basis for claims by the Contractor for extra compensation. mpensation will be based on the unit prices; and actual construction quantities and ma be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence th work with an adequate force, plant and equipment at the time stated in the notice I D the Contractor from the Owner to proceed and fully complete performance within the tine period stated in the Instructions to Bidders from and after the date stated in the Notic-to-Procead. The undersigned further agrees that in case of failure on his part to xecute the said contract and the bond within ten (10) consecutive calendar days afl 3r written notice being given of the award of the contract, the check or bid bond ir the amount as specified herein accompanying this bid and the monies payable there n, shall be paid into the funds of the Monroe County Board of Commissioners as liquidE ed damages for such failure; otherwise, the check or bid bond accompanying this p oposal shall be returned to the undersigned, Monroe County's performance and obligation to pay under this Cont r ct, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Not Applicable Bank of the sum of Note Applicable dollars ($, made payable to the Monroe County Board of Commissioners. Checkmarks I have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). N/A Bid Bond The Drug -Free Workplace form. BR or Ila bid bond for Prime Bidder's Qualifications: ./ List of majci contracts in past 10 years List of equipment and plant available for this project Copy of latest financial statement Disclosure of Lobby; Activities Acknowledgement of Receipt of Addendum Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida St Entity Crimes Sworn Statement Under Ordinance No. 10-1990 Certification of Non -segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility, an Exclusion — 49 CFR! Part 29 Copy of Bidder's License for State of Florida, evidence of comp evidence of financiajl responsibility Bidder's Statement on Insurance g Local Preference Form (Checkmark items above as a reminder that they are included.) Mailing Address: PO Box 460 Adams Center. NY 13606 Phone Number: (35) 583-6111 Date: July 14, 2010 Signed: 'X.Gv"'� Witness: on Public Voluntary and 1-17 ATTACHMENT "A" SCHEDULE OF BID ITEMS BIDDER NAME: Hi-Lite Markings Inc. AIRPORT NAME: FLORIDA KEYS MARATHON AIRPORT PROJECT DESCRIPTION: TAXIWAY "A" PAVEMENT MARKING REHABILITATION No. Item ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE IN EXTENDED TOTAL NUMBERS Mobilization AT Four thousand five hundred forty five 1 P-101-3.1 Dollars LS 1 4,545.00 4,545.00 AND No Cents Final marking (yellow or white with reflective beads Type III. at 100% application rate) AT Three 2 P-620-5.1a Dollars SF also 3.00 24,450.00 AND No Cents Outline black paint (no reflective beads) AT TWO 3 P-620-5.1b Dollars SF 8400 2.50 21,000.00 AND Fifty Cents TOTAL BASE BID ITEMS 1 THTOUGH 3 $49,995.00 1-18 SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we: the Principal, and organized under the laws Surety, are held and firmly Obligee, hereinafter called as Principal, a of the State of Florida, as Surety, her( bound unto the Monroe County Board of i he Obligee, in the sum of: dollars ($ }, for the payment of which s to be made, the said Principal and the said Surety bind ourselves, our administrators, successors and assigns, jointly and severally, firmly by WHEREAS, the Principal has submitted a bid for: Taxiway "A" Pavement Marking Rehabilitation Florida Keys Marathon Airport Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal contract with the Obligee in accordance with the terms of such bid anc or bonds as may be specified in the bidding or Contract Document'. sufficient surety for the faithful performance of such contract and payment of labor and material furnished in the prosecution thereof, or it failure of the Principal to enter such contract and give such bond Principal shall pay to the Obligee the difference not to exceed the between the amount specified in said bid and such larger amount for w may in good faith contract with another party to perform the work cov( then this obligation shall be null and void, otherwise to remain in full forc PROVIDED further, that if the Principal shall submit the apparent low( to the Obligee but shall fail to meet DBE goals as set forth in the bid sl Principal shall, upon request of the Obligee, submit to Obligee such w of Principal's good faith efforts to meet such goals in the manner ar required in such specifications. Failure to supply such information result in a forfeiture of this bid bond in the same manner and to the though Obligee had accepted Principal's bid and Principal had th, refused to enter into the contract with Obligee as set forth in the imme paragraph. reinafter called orporation duly after called the mmissioners as well and truly rs, executors, ;e presents. shall enter into a give such bond i with good and for the prompt the event of the Or bonds, if the penalty hereof ich the Obligee red by said bid, and effect. bid acceptable cifications, then itional evidence within the time required shall ame degree as wafter failed or ately preceding i-19 Signed and sealed this day of 120 (Witness) (Witness) Countersigned by: (Principal) (Title) (Seal) (Surety) 11 (Seal) By: (Title) All bonds must be signed by a Florida resident agent with a legal stre t address; Post office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and'; 1-20 SECTION E DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 87.087, hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawf I manufacture, distribution, dispensing, possession or use of a controlled substa ice is prohibited in the workplace andspecifying the actions that will be taken ag 3inst employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse In the workplace, the business' policy of ;maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs a d the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commoditiet, or contractual services that are under bid a copy of the statement specified in S b-section (1). 4. In the statement specified in Sub -Section (1), notify the employees that as a condition of working on the commodities or contractual service that are under bid, the employee will abide by the terms of the statement ar d will notify the employer of any conviction of or plea of guilty or polo contende to any violation of Chapter 893 (Florida Statutes) or of any controlled substance I aw of the United States or any state for a violation occurring in the workplace no I ter than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation n 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 w rkplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm cc mplies fully with the above requirements. 6 Bidder's Signature Date: 1-21 SECTION F PRIME BIDDER'S QUALIFICATIONS Each contractor shall furnish with his bid the following completed and si on evidence of competency" and "evidence of financial responsibil ". ' accordance with General Provision 20-02. 1. Name of Bidder: Hi l-ite Markings, Inc. 2. Business Address: 11,8249 Hi-Lite Drive Adams Center NY 13606 3. Telephone Number: (315) 583-6111 4. When Organized: October, 1990 5. Where Incorporated: State of New York 6. How many years have you been engaged in the contracting bu iness under the present firm name? 20 7. What is the type of construction work in which you are principally ngaged? Airfield Markings and Removal Runway Rubber Removal 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: $ 100 000.00 12. Contracts now in hand, Gross Amount: $ $12 264 429.00 13. Have you ever refused to sign a contract at your original bid? 14. Have you ever been declared in default on a contract? No 15. On separate sheet, list the last five (5) projects over $500,090 on wnicn the contractor has worked, and telephone numbers. 16. Remarks: (The above statements must be subscribed and sworn to before a Notat+, n ' 1-22 Date: July 14 2010 Firm Name: Hi-Lite Markings, Inc. By: Title: Richard C Mc,ly III VP/GM Notary Public:AV fi \�4j FX,A 0 /! No 0 >`;p %cic >� VEW �' 1-23 SECTION G The undersigned certifies, to the best of his or her knowledge and belie4 that: (1) No Federal appropriated funds have been paid or will be paid b or on behalf of the undersigned to any person for influencing or attempting to ini uence an officer or employee of any agency, a member of Congress, an officei or employee of Congress or an employee of a member of Congress in con iection with the awarding of any Federal contract, the making of any Federal Gant, the making of any Federal loan, I the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been pa d or will be paid to any person for influencing or attempting to influence an office 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 F ederal contract, Grant, loan, or cooperative agreement, the undersigned sha I complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in 3ccordance 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 SL bcontracts, sub - grants and contracts under Grants, loans and cooperative agre( ments) and that all sub -recipients shall certify and disclose accordingly. This certification is a materal representation of fact upon which relie ce was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by S tion 1352, Title 31, U.S. Code. Any person who fails to file the required certification sl all be subject to a civil penalty of not less than $10,000 and not more than $100,00 for each such failure. Signed: C'`t `'G-� Dated: Contractor's Authorized R presentative 1-24 SECTION H II Addendum Signature II Date II I No. G,M 1-25 SECTION 1 ANT. THIS SECTION IS NOT APPLICABLE 1-26 SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE FLORIDA TRENCH SAFETY ACT (SECTION 653.60-553.64, FLORIDA STA' NEW YORK STATE OF %fM )j JEFFERFSONSS COUNTY OF tAQX M } BEFORE ME, the undersigned authority, personally appeared who, being duly swom, deposes and says as follows: That he is the duly authorized representative of Hi-L (Name of Bidder) being its Vice Pr id nt/Gen r I Manager (Owner) (partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or enti t submitting this bid: Hi-Lite Markings, Inc. 18249 Hi-Lite Drive Adams Center, NY 13606 2. By submission of this bid and subsequent execution of thip Contract, the undersigned bidder certifies that as successful bidder (Contr ctor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Sfety Standards contained in 19 CFR, s.1926.650, Sub -part P, including all subsequent revisions or updates to these Standards as adopted by the Departmer t of Labor and Employment Security. 3. The bidder acknowledges that included in the various it Schedule of Prices Bid and in the Total Amount Bid are costs listed in the complying with 1-27 the Florida Trench Safety Act (Sections 553.60-553.64, bidder further identifies the costs to be summarized below: FloridE Statutes). The Trench Safety Measure (Description) Unit of Measure Unit Quantity Unit Cost Extended Cost A N/A B C D TOTAL: $ Signature of Authorized Representative: OUR STATE OF SNP NEW YORK COUNTY OF: JEFFERSON The foregoing instrument was acknowledged before me this 14th 2010 , by Richard C. McNeely III who is personally knew a identific nd wl (Sole, Corporation or Partnership) to me or who has produced did/did not take an oath. Notary Public, State of resa (Print name of Notary Public) My Commission Expires RE n o8 c° ti�oTg9y o�� A by G1MA6 J F rtiEW 1. of July 1-28 SECTION K SWORN STATEMENT PURSUANT TO SECTION 287.13 FLORIDA STATUTES, ON PUBLIC ENTITY CRIMI This form must be signed and sworn to in the presence of a Notary official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract for County of Monroe Purchasing Oii 2. This sworn statement is submitted by whose business address blic or other (name of entity submitting sworn statement) and (if applicable) its Federal Employer Identification Number (FgJN) is: 16-1381276 (If the entity has no MIN, include the Social Security Number f the individual signing this sworn statement: •) 3. My name is Richard C. McNeely III my (please print name of individual signing) relationship to the entity named above is Vice President/General 4. 1 understand that a "public entity crime", as defined in Paragrap Florida Statutes, means a violation of any state or federal law t respect to and directly related to the transaction of business with or with an agency or political subdivision of any other state c States, including, but not limited to, any bid or contract for goo( be provided to any public entity or an agency or political subdivi: state or of the United States and involving anti-trust, frauc collusion, racketeering, conspiracy or material misrepresentation. 5. I understand that "convicted" or "conviction", as defined 287.133(1)(6), Florida Statutes, means a finding of guilt or a public entity crime with or without an adjudication of guilt in any trial court of record relating to charges brought by indictment or July 1, 1989, as a result of a jury verdict, non -jury trial or entry c or nolo contendere. and 287.133(1)(g), a person with iy public entity of the United or services to in of any other theft, bribery, in Paragraph conviction of a federal or state nformation after a plea of guilty 1-29 6. 1 understand that an "affiliate", as defined in Paragraph 287.1 3(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted f a public entity crime; or b. An entity under the control of any natural person ho is active in the management of the entity and who has been convi ted of a public entity crime. The term "affiliate" includes those o ers, directors, executives, parxners, shareholders, employees, members and agents who are active in the management of an affiliate. Theo ership by one person of shares constituting a controlling interest in ano er person or a pooling of equipment or income among persons when n for fair market value under an arm's length agreement, shall be a primE facie case that one person cootrols another person. A person who know ngly enters into a joint venture'. with a person who has been convicted o a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.1 3(1)(e), Florida Statutes, means any natural person or entity organized under he laws of any state or of the United States with the legal power to enter into a inding contract and which bids or applies to bid on contracts for the provisi n of goods or services let by a public entity or which otherwise transacts or ap lies to transact business with a public entity. The term "person" includes those officers, directors, executives,; partners, shareholders, employees, meml iers and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have r iarked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) _Neither the entity submitting this sworn statement nor a y of its officers, directors, executives, partners, shareholders, employe(is, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a pL blic entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or me directors, executives, partners, shareholders, employe, agents who are active in the management of the entity or entity has been charged with and convicted of a pu subsequent to July 1, 1989, AND (please indicate statement applies) There has been a proceeding concerning the conviction of its officers, members or affiliate of the entity crime ich additional a Hearing 1-30 Officer of the State of Florida, Division of Administrate Final Order entered by the Hearing Officer did not pl< affiliate on the convicted vendor list. (Please attach a Order.) The person or affiliate was placed on the convicted vend been a subsequent proceeding before a hearing office Florida, Divisio of Administrative Hearings. The Final the hearing officer determined that it was in the public i the person or ;affiliate from the convicted vendor list. copy of the Final Order.) The person or 'affiliate has not been placed on the con (Please describe any action taken by or pending with t General Services.) Signature of Authorized Representative: Vice President/General Manager Title STATE OFUii MM NEW YORK COUNTY OF: JEFFERSON Hearings. The the person or ipy of the Final list. There has of the State of ,der entered by ;rest to remove please attach a ed vendor list. Department of The foregoing instrument was acknowledged before me this 14th days of July 20JQ, by who is persoaa Ily kr (as identificdtioh and (Sole, Corporation or Partnership) to me or who has produced did/did not take an oath. RE �M. EXP �g •�'y (Signatur a of Notary Public, State ofZo�'r�� k-at Lar °o t4o-r4 o`c� �rk, U, (Print name of Notary Public) (� yo O1MA6,9�y My Commission Expires �o 1-31 SECTION L SWORN STATE`NENT UNDER ORDINANCE NO. 1 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants employed, retained or otherwrise had act on his/its behalf any former employee in violation of Section 2 of Ordinance No. 10-1990 or any employee in violation of Sec$ion 3 of Ordinance No. 10-1990. For bre this provision the County may, in its discretion, terminate this Contrc, and may also, in its discretion, deduct from the Contract or purchase recover the full amount of any fee, commission, percentage, gift or cor the former County officer or employee. Date: STATE OF: NEW YORK COUNTY OF: JEFFERSON (Signature PERSONALLY APPEARED BEFORE ME the undersigned authority: 11 990 he/it has not unty officer or unty officer or or violation of without liability ;e or otherwise eration paid to who, after first being sworn by me, affixed his/her signature (name of i1pividual signing) in a sp a provided bove n this 14th day of July 1 20 10. of Notary Public, State ERESq M (Signature y PbliSf t Large) ? �� ExP. 08,E '9l c� NOTAg y aN (Print name of Notary Public) My Commission Expires �' �g' �a ��oo. 010Pe.yp� F N E`N 1-32 SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES Contract (As Requlred. by Division III, Section 120 Subsection 12(-02 Equal Emp[oymentOpportunity Requirements of the General F rovisions) The federally assisted construction contractor certifies that he doe not maintain or provide, for his employees; any segregated facilities at any of his a ablishments and that he does not permit his employees to perform their services at ar y location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, f r his employees, segregated facilities at any of his establishments and that he wi not permit his employees to perform their services at any location, under hi control, where segregated facilities are maintained. The federally assisted constr ction contractor agrees that a breach of this certification is a violation of the equal opp rtunity clause in this contract. As used in this certification, the term "segregated facilties" means any waiting rooms, work areas; restrooms and washrooms, restaurants ind other eating areas, timelocks, locker rooms and other storage or dressing arefecause s, parking lots, drinking fountains, recreation or entertainment areas, transportati and housing facilities provided for employees which are segregated by explicit dictives or are in fact segregated on the basis of race, color, religion, or national origin of habit, local custom, or any other reason. The federally assisted consttion contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical c rtifications from proposed subcontractors prior to the award of subcontractors exceedin 1 $10,000 which are not exempt from the provisions of the equal opportunity clause 3nd that he will retain such certifications in his files. � A L, -VjJQ Signature of Contractor Title 1-33 SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 03/12/201 that is the latest list issued for Monroe County. (for Highway) if 1-34 i federal wage decision 2010 GENERAL DECISION: FL20100299103/12/2010 FL299 Date: March 12, 2010 General Decision Number: FL26100299 03/12/2010 Superseded General Decision Number: FL20080299 State: Florida Construction Type: Highway Counties: Glades, Hardee, Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Modificationn Number P03/12/tion Date SUFL2009-196 08/05/2009 Rates Fringes CARPENTER, Including Formwork....$ 11.97 0.00 CEMENT MASON/CONCRETE FINISHER...$ 10.05 0.00 LABORER: Asphalt Raker.... ....$ 9.75 2.19 LABORER: Common or General ...... $ 9.94 0.00 LABORER: Flagger.......... ....$ 9.43 0.00 LABORER: Pipelayer..............$ 8.33 0.00 OPERATOR: Backhoe/Excavator..... $ 10.42 0.00 OPERATOR: Bulldozer .............$ 11.69 0.00 OPERATOR: Distributor ........... $ 10.38 0.00 OPERATOR: Grader/Blade .......... $ 13.78 0.00 OPERATOR: Loader ................ $ 10.33 0.00 OPERATOR: Milling machine ....... $ 10.08 0.00 OPERATOR: Oiler .................$ 9.58 0.00 OPERATOR: Paver........... ....$ 11.59 2.10 OPERATOR: Roller ................$ 10.23 0.00 OPERATOR: Screed ................$ 11.70 0.00 OPERATOR: Tractor ...............$ 8.15 0.00 TRUCK DRIVER: 4 Axle Truck ...... $ 11.18 1.60 TRUCK DRIVER: Lowboy Truck ...... $ 11.86 0.00 TRUCK DRIVER: Dump Truck ......... $ 17.00 0.00 Page 1 federal wage decision 2010 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "Su" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination • a survey underlying a wage determination • a wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. if the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. write to: Branch of Construction wage Determinations wage and Hour Division U.S. Department of Labor 200 constitution Avenue, N.W. Washington, DC 20210 Page 2 federal wagge decision 2010 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wa a and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 73. write to: wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210; The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, proj ect description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). write to: Administrative Review Board U.S. Department of Libor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 3 SECTION O CERTIFICATION REGARDING DEBARTMENT, SUSPE SIGN, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CF PART 29 (Version 1. 5/90) The bidder/offerer certifies,, by submission of this proposal or acc ptance of this contract, that neither it nor its principals is presently debarred, suspendiDd, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower I ler transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ever/contractor any lower tier participant is unable to certify to this statement, it hall attach an explanation to this solicitation/proposal. Signature of Contractor Title 1-35 SECTION P I, Richard C. McNeely III of the city of Watertown, NY according to law on my oath, and under penalty of perjury, depose and say 1. 1 am for of the firm of H the bidder making the for the project described In the Notice ftr Calling for bids and that I executed the $aid proposal with full authority t do so: 2. the prices in this bid have been arrived at independently v ithout collusion, consultation, communication or agreement for the purpose of restri bling competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoteid in this bid have not been knowingly idisclosed by the bidder and will not knowing) be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4. no attempt has been made or will be made b the bidder to induce ny other person, partnership or corporation to submit, or not to submit, a bid fo the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of I the statements conta' ed in this affidavit in awarding contracts for said projec . July 14 2010 (Signature of Bidder) (Dat ) STATE OF: NEW YORK COUNTY OF: JEFFERSON PERSONALLY APPEARED BEFORE ME, the undersigned authority, Richarcl C. McNeely III who, after first being sworn by me, (name of indiviatiql signin) affixed his/her signature in the space provided above on this ay of 20,.Q__. LIC My Commission Expires: I K,c'� o � o jl \\G rn O PUS �. (9 M. N0.0,�lG� I- TE 0F CONTRACT DIVISION 11 CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND.............................................................II-2 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY ..................................... (NIA) 11-4 SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS......................................11-5 SECTIOND - CONTRACT................................................................................................II-6 SECTION A PUBLIC CONSTRUCTION BOND By this Bond, We as Principal, whose principal business address is , as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 20 between Principal and Countv for construction of Taxiway "A" Pavement Marking Rehabilitation, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorneys fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities 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. Dated on 20 I I-2 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. UK, SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED 11-4 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Taxiway "A" Pavement Marking Rehabilitation Florida Keys 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. - L;1-e titer•-k� ►ems �,.` . Contractor By: xILdam` Title: QccS-� C-- N"r-t4t+cJ..., -Jlr-, V I Lk ems• AM 11-5 SECTION D CONTRACT TO Taxiway "A" Pavement Marking Rehabilitation Florida Keys Marathon Airport THIS AGREEMENT pade and entered into the / Ste` day of fxee;,-, ham, , 2.ofo by and between - L; fe Marici n 5, c,. Contractor, and the Monroe County Board of Comm ssioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, .Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Taxiway "A" Pavement Marking Rehabilitation Florida Keys Marathon Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within ten 10 calendar days from the Notice - to -Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately Forty-/►1ne kousa„oc, /line hw,ac,-mac nlnefY- - ',ve— Dollars ($ 412, 9oo ) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the W* Owner until all work has been performed strictly in accordance with agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that payrolls, material bills and other costs incurred by the Contractor in connecti- with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages Section per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. H;- u:-�- s =111. Sy IViG �- MVO �, M a (Contractor (Monro County Board bmmissioners) By: x �'� G Z __ By: Title: Rc c.L,a A c, s[ \nw- President* GVA WITNESS: � (SEAL) ATTEST: DAN Y L. KOU4EW s 11-7 DEPUTY CLERK Title: `Ty� 0 r Gla., r Ma—n q— 15-10 WITNESS: M BE COUN ATTf RNEY PR ED RM: ASSISTANT UNTYATTORNEY Iu Date STATE OF FEe t Mr NFv.1 �/o o -. COUNTY OF J�F�eso� I, the undersigned authority, a Notary Public in and for said County and State hereby certify that c . -m whose name as \) �s . 4" of _ Is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. iven under rr al�nd seal this Z`�� day of ��r.�s+- , 20 %o . / � z TA Notary Public ---0— T N� C '°UBL\G �� Q * Who is authorized by the corporation to execute th ram IM DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS........................................................................... III-2 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS ................................ III-8 SECTION 30 - AWARD AND EXECUTION OF CONTRACT ......................................... I11-12 SECTION40 - SCOPE OF WORK.................................................................................. III-14 SECTION 50 - CONTROL OF WORK............................................................................ III-19 SECTION 60 - CONTROL OF MATERIALS................................................................... III-27 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC .................. III-31 SECTION 80 - PROSECUTION AND PROGRESS........................................................ III-44 SECTION 90 - MEASUREMENT AND PAYMENT......................................................... III-51 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM .......................(N/A) III-59 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS(PWL)......................................(N/A) III-60 SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM................................................................. III-61 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ........ III-87 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS ....................................... III-88 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .........(N/A) III-96 DIVISION III - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADDENDUM. A modification of the plans or other Contract documents issued by the Engineer and distributed to prospective bidders prior to the opening of the proposal. 10-05 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. 10-07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-08 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-09 ASTM. The American Society for Testing and Materials. 10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal. III-2 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, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-14 CALENDAR DAY. Every day shown on the calendar. 10-15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10-16 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-17 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-20 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. III-3 10-21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-24 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-25 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-26 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-27 FDOT. The State of Florida Department of Transportation. 10-28 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-29 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-30 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words 'directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such III-4 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. 10-33 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 MATERIALS. Any substance specified for use in the construction of the contract work. 10-35 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, that are prepared and issued by the Department of Defense. 10-36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term sponsor shall have the same meaning as the term owner. 10-38 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-39 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-40 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-41 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. III-5 10-42 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-44 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-46 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or material involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. 10-47 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-48 SPONSOR. Shall mean the same as Owner. 10-49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the work. 10-50 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-51 SUBGRADE. The soil which forms the pavement foundation. 10-52 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-53 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-54 SURETY. The corporation, partnership, or individual, othe° - executing payment or performance bonds which are furnished Contractor. 10-55 TAXIWAY. For the purpose of this document, the term. portion of the air operations area of an airport that has been design ` airport authority for movement of aircraft to and from the airport's runw parking areas. 10-56 WORK. The furnishing of all labor, materials, tools, equipment, necessary or convenient to the Contractor's performance of all dutie imposed by the contract, plans, and specifications. 10-57 WORKING DAY. A working day shall be any day other than a legal holiday; Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring th-= presence of an inspector, will be considered as working days. END OF SECTION 10 III-7 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and place for submitting sealed proposals; a description of the proposed work; instructions to bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any and all bids. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner at the time of the bid opening. 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. BU 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. III-10 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds III-12 as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 III-13 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. The Contractor is advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. III-14 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of III-15 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/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. III-16 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 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 III-17 and deposited on adjacent property will not be considered as havir, satisfactorily, unless the Contractor has obtained the written property owner. END OF SECTION 40 mom SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. 111-19 For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate he work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. III-20 When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. III-21 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. 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 conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 111-22 to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been III-23 satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to be defective or not in 111-24 accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed by law. 50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: 1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. 2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS. 3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT. 4. 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. 5. 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. 6. 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. 7. In addition to the above, the Contractor shall provide all documents required in Special Provision No. 1, Section 25. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation of the conditions if shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table 111-25 variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month 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 Contract will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. END OF SECTION 50 111-26 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATIONS EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the 111-27 owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by 'brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: d 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 proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. III-29 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos -based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner -furnished materials shall be included in the unit price bid for the contract item in which such owner -furnished material is used. After any owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner - furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner -furnished materials. END OF SECTION 60 III-30 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: Owner (Utility or Other Facility) Location (See Plan Sheet No.) Person to Contact (Name, Title, Address and Phone) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility III-31 service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and III-32 vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. III-33 The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall 111-34 restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries (including death) or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. III-35 No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the 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. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the 111-36 owners are indicated as follows: Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. 111-37 Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS -OF -WAY. The owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of HIM the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing an cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control schedules and methods of operations have been accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. C. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the 111-39 area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the steam from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install 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 111-40 conditions herein shall apply if they are more restrictive. C. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire -fighting equipment and tools readily available. (3) Control of Other air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. C. Sand or dust blows shall be temporarily mulches, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. III-41 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. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no III-42 modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Sub -contractors entered into pursuant to this Contract, that the Contractor and any Sub -Contractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 III-43 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 PRE -CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 111-44 80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY 80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. Iliill' R 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 contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly III-47 statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the III-49 Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 111-50 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles 111-51 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 and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, 'lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, III-52 manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales 'overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting - accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 111-53 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, 111-54 performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. III-55 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. 111-56 B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. 111-57 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM THIS SECTION IS NOT APPLICABLE III-59 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) THIS SECTION IS NOT APPLICABLE .m SECTION 120 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 120-01 LABOR PROVISIONS 1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: III-61 provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this Section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. (2) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management 111-62 and Budget under OMB control number 1215-0140.) (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Withholding. The Federal Aviation Administration (FAA) shall III-63 upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and 111-64 trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number 1215- 0140 and 1215-0017. ) (2) (i) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149. ) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and 111-65 fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the 111-67 job site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. f. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a) (1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1'/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. e. Working Conditions. No contractor or subcontractor may require 111-70 any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. 120-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; C. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and III-71 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining III-72 agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor on its unions have employment opportunities available, and maintain a record of the organization's responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the III-73 union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and 111-74 training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the Contractor is a 111-75 member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. III-76 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix 3 of the regulations. 3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be III-77 notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Equal Employment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising that said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of Paragraph 1. through 7. in 111-79 every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre - Construction Conference. E. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended). 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trace on all construction work in the covered area are as follows: Timetables Goals for minority Goals for Female participation for participation in each trade 30.4 % each trade 6.9 % These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority and female employment M and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is in Marathon, Monroe County, State of Florida. F. Required Reports. 1. Monthly Employment Utilization Reports (SF 257). This Report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre -Construction Conference. 2. Annual EEO-1 Report. Contractors/subcontractors working on Federally - assisted airport construction projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: a. Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5, and b. Number of Employees. Has fifty (50) or more employees, C. Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Nonsegregated Facilities. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. 2. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities. a. A Certificate of Nonsegregated Facilities must be submitted prior to the award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal RM Opportunity Clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non -Segregated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Signature of Contractor Title Il[IMM 120-03 MISCELLANEOUS CONTRACT PROVISIONS 1. Airport Improvement Program Project (AIP). The Work in this Contract is included in AIP Project Nos. 3-12-0044-028-2010 which is being undertaken and accomplished by the Owner in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. 3. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), the Contractor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. HNI Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 6. Subcontracts. The Contractor shall insure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontractors which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. �� 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. C. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exceeds $100,000 (One Hundred Thousand Dollars), the requirements of (a), (b), and (c) above. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion: The Bidder/Offeror certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Regulations for construction promulgated of 1970 (PL91-596) and under Section Standards Act (PL91-54). Department of Labor Safety and Health under the Occupational Safety and Health Act 107 of the Contract Work Hours and Safety The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2E "Operational Safety on Airports 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 Plans. END OF SECTION 130 [QM SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $100,000/$500,000/$100,000 WC2 Employer's Liability $500,000/$500,000/$500,000 WC3 X Employer's Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non -owned and hired vehicles Required Limits: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1,000,000/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit M MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project BR2 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max. value of any one shipment PRO1 Professional Liability $250,000/occurrence PR02 $500,000/occurrence PR03 $1,000,000/occurrence POL1 Pollution Liability $500,000 occurrence POL2 $1,000,000/occurrence POL3 $5,000,000/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) GK2 Keepers $500,000 ($100,000/vehicle) GK3 $1,000,000 ($250,000/vehicle) MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Max. value of property HKL1 Hangarkeepers' Liability $300,000 HKL2 $500,000 HKL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. III-91 INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY Liability policies are Insurance Agency ❑ Occurrence DEDUCTIBLES ❑ Claims Made Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature 'IA WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI 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 may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. III-93 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-94 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-95 SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM THIS SECTION IS NOT APPLICABLE Hm SPECIAL PROVISIONS DIVISION IV SPECIAL. PROVISIONS SPA - PROJECT GENERAL REQUIREMENTS................................................................ IV-2 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING................................................................. IV-22 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES .............................................. IV-24 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES............................................................... IV-25 SP-5 - RESIDENT PROJECT REPRESENTATIVE.......................................................... IV-27 SP-6 - SAFETY AND SECURITY REQUIREMENTS....................................................... IV-28 SP-7 - LIST OF DRAWINGS............................................................................................ IV-34 SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE ....................................................(NIA) IV-35 SP-9 - TEMPORARY FACILITIES.................................................................................... IV-36 SP-10 - DEWATERING..............................................................................................(NIA) IV-41 SP-11 - PRECEDENCE OF DOCUMENTS........................................................................ IV-42 SP-12 - FINAL PAY REQUESTS AND RELATED FORMS ............................................... IV-43 SPECIAL PROVISION NO. 1 PROJECT GENERAL REQUIREMENTS WORK LOCATION. Florida Keys Marathon Airport is located approximately two miles northeast of the city of Marathon, Florida, on U.S. Highway No. 1. The airport terminal has one active runway, 7-25 being 100 feet in width and 5,006 feet in length. Airport property ranges in elevation from 0 to 7 feet above mean sea level. 2. SCOPE OF WORK. This project will involve pavement marking of the taxiway centerline for the entire length of parallel taxiway "A" and intersecting taxiways B, C, D, and E; including the lead-off and lead -on markings and runway holding position markings. Additionally, taxiway edge dashed marking will be performed where taxiway "A" is contiguous to the terminal's commercial apron. All proposed pavement marking will be outlined with 6" of black paint. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No. 2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within ten (10) calendar days as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision No. 7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision No. 4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non -execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). IV-2 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. The project layout surveying may be accomplished during daylight hours provided the Contractor meets the following conditions: A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48) hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway 7-25 or within 73' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and hand tools will be allowed within 125' of Runway 7-25 centerline, at the turn arounds and T/W' s connectors. D. Survey party members shall be equipped with hand-held radios and shall continuously monitor the UNICOM and airline radio frequencies and pull back men and survey equipment to a point 125' from the runway centerline during aircraft operations. E. No survey men or equipment will be allowed on the runway (100' wide) or taxiway (50' wide). Pavement during survey work periods will not be allowed unless authorized by the Engineer. F. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any_ inaccuracies, errors or omissions between the actual existing conditions and the Contract Documents, he shall within fifteen (15) calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. A. General Project Safety: Inasmuch as each work area will be accessible to and used by the public, the Owner and other companies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps IV-3 necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project will take place within the secured (fenced) airfield area of the Airport. When the Contractor enters upon said secured area, the Contractor shall conduct all work in conformance with the Safety and Security requirements included in Special Provision No. 6. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE -CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre -construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The Engineer or RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. B. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre -installation meetings. The Engineer or RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. IV-4 C. The Engineer or RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-time Project Management Team consisting of a Project Superintendent and other supervisory personnel for the duration of the Project. The names and qualifications of this team for this work shall be submitted to the Owner as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act in the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. 15. SCHEDULE OF WORK A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. IV-5 16. PROGRESS SCHEDULE. (N/A) 17. MEMO .. .. ■ e 222. Nq ■ IV-6 E.Z.im � .. -Mr CIMMIP .. . 18. CHANGES IN THE SCHEDULE. A. Minor Changes:. Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. IV-7 B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contractor's logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to have 8" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty-eight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the access point onto the airport. The name FLORIDA KEYS MARATHON AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. v Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedestrian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in dupli- cate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. J. Personnel Traffic: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "lunch breaks". Areas for this purpose can be designated by the Owner upon request. No Public Toilets shall be used by any workmen at any time. 20. DAILY CLEAN-UP AND TRASH REMOVAL. A. Debris from this work shall be promptly removed from the site at least daily. It shall not be allowed to become a hazard to the safety of the public. B. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance IV-9 or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism IV-10 D. Protection at Openings: Contractor shall provide protection at all openings in structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non - construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An IV-11 independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as -built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. IV-12 Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly -prepared drawings (if any are specified), marked -up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked -up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white -print set (blue -line or black -line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to information on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar IV-13 identification. Require each person preparing the mark-up to initial and date the mark-up and indicate the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. In showing changes in the work use the same legends as used on the original drawings. Indicate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. b) Preparation of Record Drawings: In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of corrected contract drawings. The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. Printing as required herein is the responsibility of the Engineer. c) Copies, Distribution: Upon completion of record drawings, the Engineer shall prepare blue -line or black -line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The mark- up set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. 3) Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub -contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As -Built drawings is a pre -requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to IV-14 substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover "PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record -keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. Categories of IV-15 requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or PCC concrete pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are made. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. IV-16 b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. d) Advise the Owner of pending insurance change -over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change -over of locks and transmit keys to the Owner, and advise Owner's personnel of change -over in security provisions. h) Complete start-up testing of systems, and instructions of Owner's operating -maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: IV-17 a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, including touch-up of marred surfaces. C. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re -inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2) week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of reinspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an Am unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. f) Submit specific warranties, workmanship -maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. 1) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction IV-19 purposes; protect from deterioration and loss in a secure, fire -resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Engineer for the Owner's records. 4) Record Sample Submittal: Comply with the Engineer's instructions for packaging, identification, marking, and delivery to the Owner's sample storage space. 5) Miscellaneous Record Submittals: Complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut -down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. I V-20 26. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting o' cleaning each surface or unit of work to normal "clean" condition. B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. IV-21 SPECIAL PROVISION NO. 2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: A. Notice to Proceed Permits A Notice to Proceed permit will be issued ten (10) days after award of contract. At this time the Contractor shall accomplish the following activities, but not limited to: 1. Obtain permits as required for construction. 2. Prepare and transmit all shop drawings, submittals and certifications as required by the Contract Documents to the Engineer for review and approval. 3. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the work in accordance with the Contract Documents. 4. Prepare his staging area and establish haul routes. 5. Mobilize equipment, materials and supplies in Contractor's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. No onsite construction activities shall be accomplished and the airport shall remain open to aircraft operations during this time. B. Notice to Proceed Construction Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed Construction be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No. 1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished I V-22 by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. At this time the Contractor shall develop all the construction activities necessary to complete the work in accordance with the contract documents. Ten 10 calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the day -time unless otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. CONSTRUCTION PHASING AND WORK SEQUENCING NOT APPLICABLE Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit an as -built information signed and sealed by a professional land surveyor. During the week of Fantasy Fest (October 31) and New Year week the contractor shall coordinate with the airport manager, RPR, and FBO's to isolate his work in some specific areas. The airport manager may instruct the Contractor to stop the work during this time. No additional time and/or cost will be granted to the Contractor. IV-23 SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO PROCEED DESCRIPTION CONTRACT TIME TO COMPLETE This notice shall allow the Contractor to obtain any necessary construction permits required to accomplish the work. Also, NOTICE TO PROCEED during this time, the Contractor shall order and deliver materials, A.S.A.P. PERMITS equipment and supplies needed to complete the work. No on -site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during the stage. This project will involve pavement marking of the taxiway centerline for the entire length of parallel taxiway "A" and intersecting taxiways B, C, D, and E; including the lead-off and NOTICE TO PROCEED lead -on markings and runway holding position markings. Maximum 10 CONSTRUCTION Additionally, taxiway edge dashed marking will be performed Calendar Days where taxiway "A" is contiguous to the terminal's commercial apron. All proposed pavement marking will be outlined with 6" of black paint. TOTAL CONTRACT TIME: Schematic Construction Scheduling and Staging are included in the plans with the work Maximum 10 and operational constraints for informal purposes only. They are intended to represent viable construction sequences which the Contractor may elect to implement. The Calendar Days Contractor shall ultimately be responsible for submittal of a detailed construction schedule to the AIE for review and approval. LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED LIQUIDATED DAMAGES Notice to Proceed None (no on -site construction) activity is being Permit accomplished this time. Notice to Proceed If the Contractor fails to achieve final completion within the Construction 10 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of $500.00 per day, thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this work. IV-24 SPECIAL PROVISION NO. 4 PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposed to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires I V-25 splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and light fixtures on site to temporarily jump around damaged or cut cables and fixtures if necessary to make the existing runway/taxiway/NAVAIDS systems operational during scheduled aircraft operation periods. IV-26 SPECIAL PROVISION NO. 5 RESIDENT PROJECT REPRESENTATIVE 1. ON -SITE OBSERVATION. The Resident Project Observation for this contract shall be performed by the Engineer or his duly authorized representative. 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE (RPR). The RPRs Inspector's duties and responsibilities are to: a. Monitor performance of the Contractor; require correction of work that does not meet plans and specifications; and report serious problems to the Engineer and Owner. b. Determine test sites/locations, coordinate and supervise testing. C. Interpret plans and specification details. d. Resolve minor construction problems. e. Maintain project records. f. Review and approve requests for payment to the Contractor. g. Conduct day-to-day construction observations. h. Maintain a project diary on a daily basis. I. Maintain up-to-date records on quantities of work performed and quantities of materials in place. j. Contact Engineer for advice and assistance when needed and when major problems arise. k. Recommend to the Engineer when a Change Order or Supplemental Agreement is required. 3. OFFICE. See Special Provision No. 8 for Resident Engineer, s (RPR) Office. IV-27 SPECIAL PROVISION NO. 6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction Sequencing. All construction being accomplished under this contract shall be in accordance with the sequencing indicated on the drawings. B. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two-way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activity and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, sub -contractors, material men or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to suspend his operations, remove his personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. I V-28 D. Limitations of Construction 1) All Contractor vehicles that are authorized to operate on the Airport outside of the designated construction area limits or haul routes as specified on the plans and in the active Aircraft Operations Area (AOA) shall display in full view (3600) above the vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard color being 1' square. Any vehicle operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome -type light mounted on top of the vehicle display in full view (360°) and of such intensity to conform to local codes for maintenance and emergency vehicles. 2) All Contractor vehicles that are required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the Airport. The flagman shall remain with his vehicle at all times. All aircraft traffic on runways, taxiways and aprons shall have priority over Contractor's traffic. In the event that flagman is not available, the Contractor must provide his authorized personnel with radios operating on the local ground control frequency of 122.8 for clearance when crossing active runways or taxiways. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the Airport Manager to enable necessary Notices to Airman (NOTAM) or advisories to airport service or tenants. A minimum of 48 hours notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 200' of an active runway centerline or 73' from an active taxiway centerline or open excavations in excess of three inches (Y) deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) above. 5) Open flames, welding or torch -cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the Airport Manager. 6) Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of 10 knots. IV-29 7) Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of visibility and darkness. 8) Contractor to provide barricades across pavement to isolate construction activities from aircraft operating areas at locations as determined by the Resident Inspector. Barricades to be orange and white striped 8" x 8" timber, low -silhouette type barricades with battery operated red flashing lights or approved equal. Each barricade shall have a minimum of two flashing lights with the intensity of the lights being of such brightness so as to be readily identified during darkness periods. Barricades to be spaced approximately 20' on centers. Barricades are to be sandbagged as necessary to prevent from being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. 9) During runway closures, the Contractor shall provide temporary runway closure markers (lighted X) on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise approved by the Engineer. 10) The Contractor shall keep all active airfield pavement clear of all debris, stones and other materials during construction. All active pavement shall be cleaned and inspected by the Contractor's superintendent prior to release of work crews after each shift of work. 11) All construction barricades shall be inspected by the Contractor's superintendent prior to release of work crews after each work shift to ensure barricades are properly placed and lighted for non -work hours. 12) Equipment, materials, open trenches, excavation and stockpiled material will not be allowed within 200' of centerline of active runways or within 73' of active taxiways after work operations are ceased each work shift. Coverings for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual -gear type undercarriage. 13) All existing facilities, equipment (runway/taxiway lights, visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items caused by IV-30 the Contractor or Sub -Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. This will preclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operation areas inadvertently. IV-31 F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub -contractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The CSO shall maintain a current list of companies authorized to enter and conduct work on the airport. Employee personal vehicles shall be parked in designated areas. These vehicles shall not enter the airfield at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. G. Identification - Personnel. The Contractor's onsite personnel shall be 'badged with identification from the Florida Keys Marathon Airport. The contractors supervisors shall submit to a criminal history fingerprints check from the FBI via the Florida Keys Marathon Airport Security manager. All supervisors shall be required to attend an Airport Orientation seminar presented by the airport operations and security unit. All other non - supervisory personnel of the contractor and subcontractor shall be issued a construction worker security badge supplied by the Florida Keys Marathon Airport, said badges will be issued to the Head Contractor for said project. The head contractor shall maintain a master list of all personnel issued said contractor security badges. The list shall be made available for the airport security unit inspection during all hours of construction on the airport. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact number for its security officer. Upon the completion of the FBI check, the contractor's issued full airport access badge for the EYW (SIDA) will act as escorts to all other personnel. The definition of escort will be explained during the airport training seminar. H. Manager or Director. The work on the Florida Keys Marathon Airport shall be under the direction of the Airport Manager or his authorized agent(s). Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. J. Contractor shall maintain security at all times during construction. IV-32 K. Payment. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. I V-33 SPECIAL PROVISION NO. 7 LIST OF DRAWINGS M-1 COVER SHEET M-2 LAYOUT & GENERAL NOTES M-3 TAXIWAY CENTERLINE PAVEMENT MARKING M-4 TAXIWAY CENTERLINE PAVEMENT MARKING M-5 MARKING DETAILS I V-34 SPECIAL PROVISION NO. 8 RESIDENT ENGINEER'S (RPR) OFFICE THIS SECTION IS NOT APPLICABLE I V-35 SPECIAL PROVISION NO. 9 TEMPORARY FACILITIES GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicated, costs associated with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the airport complex. E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non -hazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Review exposure to possible environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, excessive noise and similar problems). IV-36 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Engineer and Owner. Construction workers' private vehicles shall be parked within the areas. B. During construction, the Contractor shall maintain these areas in a neat condition. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. I V-37 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the Contractor's responsibility. B. De -watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Drinking Water: Provide either pipe -connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water -borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather -tight, fly -proof building with a self -closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll -type toilet paper holder and a supply of standard, roll -type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. IV-38 N. 7 TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workers' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. STAGING, STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the plans shall be used to house the Contractor's and Resident Project Representative's Inspector's offices and to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. Additionally, the perimeter of any staging area which abuts an active operation pavement shall be marked with red flashing barricades no more than 50 feet apart. Upon completion of all work, remove all construction fencing and barricades from the project site. I V-39 The Contractor's vehicles, equipment and materials shall be stored in the area designated on the plans. Upon completion of the work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Owner. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and may or may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or limerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered incidental to the project. I V-40 SPECIAL PROVISION NO. 10 DEWATERING THIS SECTION IS NOT APPLICABLE IV-41 SPECIAL PROVISION NO. 11 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above -mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division 1)(including any and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) I V-42 SPECIAL PROVISION NO. 12 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT and in Special Provision No. 1 PROJECT GENERAL REQUIREMENTS Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Engineer, unless otherwise instructed by him. Contractor shall use Monroe County Application for Payment form (see attachment), and shall provide related forms from the American Institute of Architects, such as: • Change Order (Form G-701) ■ Certificate of Substantial Completion (Form G-704) ■ Contractor's Affidavit of Payment of Debts and Claims (Form G-706) ■ Contractor's Affidavit of Release of Liens (Form G-706A) ■ Consent of Surety to Final Payment (Form G-707) I V-43 ATTACHMENTS IV-44 APPLICATION FOR PAYMENT FORM APPLICATION FOR PAYMENT SUMMARY Application No: To: Monroe County, Florida From: Contractor Project: Contract For: Period: From: To: Contract Date: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the Amount Certified. This Certificate if not negotiable. The Amount Certified is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without any prejudice to any rights of the Owner or Contractor under this Contract. Amount Certified: (Attach an explanation if the amount certified differs from the amount applied for) ARCHITECT: By: Date: Reviewed for Payment Monroe County, Construction Manager Approved for Payment Original Contract Sum: Net Change By Approved Change Order: Contract Sum To Date: Total Completed & Stored To Date: Retainage % of Completed Work: Total Earned Less Retainage: Less Previous Payments: Current Payment Due: Balance to Finish: c The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work which previous Applications for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. By: Date: State of: County of: Subscribed and sworn to before me this day of 20 Notary Public: My Commission Expires: Monroe County, Owner Roman Gastesi, County Administrator Approved for Payment Monroe County, Owner Finance Department Date: Date: Date: CONTINUATION SHEET Application and Certificate For Payment Containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line Items may apply. Change Orders added at the end of sheet. APPLICATION NO.: APPLICATION DATE: PERIOD TO: PAGE OF PAGES A B C D E F G H I ITEM NO DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT INDORE) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G - C) BALANCE TO FINISH (C -G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION p+E THIS PERIOD MONROE COUNTY RECEIPT NO. 130094 CC: SP21A ISSUE DATE: 11/16/2009 FEE DUE 190.00 COUNTY LIC# SP 3954 FEE PAID 190.00 THIS CERTIFIES THAT MC NEELY, JOHN QUALIFIES AS A PAINTING & DECORATING CONT(PAV IN GOOD STANDING AND THIS CERTIFICATE OF COMPETENCY IS VALID AND IN FORCE UNTIL 10/31/11 MC NEELY, JOHN HI-LITE MARKINGS INC 35208 NYS RTE 126 CARTHAGE NY, 13606 CERTIFICATE OF COMPETENCY MONROE COUNTY THIS IS TO CERTIFY THAT MC NEELY, JOHN QUALIFIES AS A PAINTING & DECORATING CONT(PAV THIS CERTIFICATE EXPIRES ON 10/31/11 UNLESS REVOKED ACCORDING TO LAY, "BUILDING OFFICIAL M1 2009 / 2010 j MONROE COUNTY BUSINESS TAX RE EIPT EXPIRES SEPTEMBER 30, 2010 <-:RECEIPT* 30140-1 ni 592 Business Name: HI-LITE MARKINGSA. Owner Name: JOHN S MCNf 1,0 pRe Mailing Address:PO BOX 46 `x� ADAMS CEs �ff3I't �. V ` L, A. Room COMP CARD ,�19AFlb C MCNEELY OWNER/VP 1Ul Location: M CTY K Y WEST, FL 33040 �i51)�Sr+Fxh0ltie: 3 '5-583-6111 `Wi1.s6,yPe. CONTRACTORS (PAINTING) r M�Qliinch,. I' Stalls h , .07 V ?' Tax Amount Transfe `':`' $cf� al $ax A -� , - '3 75 �c eciion Cot Total Paid PAID-000-09-00000113 11764It&9''� THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector WHEN VALIDATED PO Box 1129, Key West, FL 33041 Of BUSINESS i IS ONLY A TAX. YOU MUS T ALL COUNTY AND/OR ICIPALITY PLANNING AND ING REQUIREMENTS. Stake of Flori*l Department of State I certify from the records of this office that HI-LITE MA ZKINGS, INC. is a corporation organized under the laws of New Yorl, authorized to transact business in the, State of Florida, qualified on July 22, 1999. The document number of this corporation is F990000037 0. I further certify that said corporation has paid all fees iue this office through December 31, 2009, that its most recent annual port was filed on May 7, 2009, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and t e Great Seal of Florida, at Tallahassee, the apital, this the Seventh day of May, 2009 r Secretary of uYtate Authentication 1D: 300155605733-0507I9-F99000003760 To authenticate this certificate,visit the foil ;wing site, enter this ID, and then follow the instructions display;' . https://eflle.sunbiz.ore/certaut ' ver.html Maw Proiects Over $500,000.00 Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name Spec No. 20984C City of Chicag City of Chicago, Department of Procurement Serv, 121 N. LaSalle (312) 742-9468 Removal of rubber and other $1,176,000.00 St. Room 403, Chicago, IL 60602 contaminants from Runways and other avements. Midfield Terminal Indianapolis Indianapolis Airport Authority, 2349 Aviation Drive, (317) 487-6016 Midfield Terminal Airfield $540,116.36 Indianapolis, IN 46241, Pavement Markings PBNC 07-10 County of Palm County of Palm Beach, Purchasing Department, 50 S (561) 233-1509 Airfield marking improvements at $648,618.50 Beac Military Trail Suite 110, West Palm Beach, FL 33415-5199 Palm Beach Int'I & North Palm City of Cleveland, 482-05 City of Cleveland, 601 Lakeside Ave, Room 128, Division (216) 664-2674 Labor and materials necessary $2,257,900.00 of Purchasing&Supplie, Cleveland, OH 44114 for painting and paint removal on Roadways, Runways and other paved surfaces. BP-345 Greater Orlando AA Greater Orlando Aviation Autho, Engineering and (407) 825-3753 Enhancement of Taxiway $573,950.00 FL Construction, 5850 Cargo Road, Orlando, FL 32827-4399 markings at the Greater Orlando Int'I Airport, Orlando FL. Page 1 of 1 :arvi -Lb r -en t 8rS Project Name Name and Address of Owner/Contractor Phone Number Project Runway Rubber Removal at JFK Int'I Runway Rubber Removal at Newark Int'I Runway, Taxiway and Apron Painting at the Colorado Springs Airport. Airfield marking project at the Contract Amount JFK Int'I Port Authority Port Authority of NY & NJ, Mgr. Const. Contract Division, One Madison Avenue, 7th Floor, New York, NY 10010 (201) 216-6505 $90,900.00 Newark Int'I Port Authority Port Authority of NY & NJ, Mgr. Const. Contract Division, One Madison Avenue, 7th Floor, New York, NY 10010 City of Colorado Springs, Purchasing & Contracts Office, 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO 80903 Northwest Arkansas Regional, One Airport Blvd., Suite (201) 2 66-6505 (501) 205-1000 $67.066.40 $159,720.60 C000983 City of Colorado Airfield Markings Northwest $134,827.97 C000983 City of Colorado CIAA No. 2002-04 Chennault LA F25600-02-P-0214 Offutt AFB NE LaGuardia Port Authority NY City of Colorado Springs, Purchasing& Contracts Office, 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO 80903 Chennault Int'I Airport Author, 3650 Senator J. Bennett, Johnnston Ave., Lake Charles, LA 70615 Offutt Airfield, 101 Washington Sq. Bldg 40, Offutt AFB, NE 68113-2107. Port Authority of NY & NJ, Mgr. Const. Contract Division, One Madison Avenue, 7th Floor, New York, NY 10010 (337) 491-9961 (402) 294-9601 (201) 216 6505 Airport, Bentonville AR. Runway, Taxiway and Apron Painting at the Colorado Springs Airport. Runway and Taxiway Asphalt Rejuvenation and Markin Airfield Marking and Rubber Removal Runway, Taxiway and Apron Painting at the Colorado Springs $137,706.28 $105,473.38 $332,032.06 $243,440.00 Kennedy Port Authority NY Port Authority of NY & NJ, Mgr. Const. Contract Division, One Madison Avenue, 7th Floor, New York, NY 10010 (201) 216-6505 Ai ort. Airfield Marking and Rubber Removal $290,400.00 Newark Port Authority NJ Port Authority of NY & NJ, Mgr. Const. Contract Division, One Madison Avenue, 7th Floor, New York, NY 10010 (201) 216-6505 Runway and Taxiway Asphalt Rejuvenation and Marking $200,200.00 F41685-00-D0001 Laughlin 269-02 City of Cleveland Laughlin, 47th Contracting Squadron/LGCC, 171 Alabama Avenue, Laughlin AFB, TX 78843-5102 City of Cleveland, 601 Lakeside Ave, Room 128, Division of Purchasing&Supplie, Cleveland, OH 44114 (830) 298-5744 (216) 664-2674 Runway Rubber Removal and Airfield Markings Improvements Painting and paint removal of roadways, runways, and other $51,118.54 $1,210,045.23 A002472 City of Colorado 5pr 1-03-0O29 Metro Washington Air City of Colorado Springs, Purchasing & Contracts Office, 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO 80903 Metropolitan Washington Airpor, A/P, MA-22B, 1 Aviation Circle, Washington, DC 20001-6000 paved areas. Runway, Taxiway and Apron Painting at the Colorado Springs Airport. Runway Rubber Removal $162,232.12 $57,600.00 PENNDOT 810889 Chester County Chester County Airport Auth, Chester Co/G.O. Carlson Airp, 1 Earhart Drive, Coatesville, PA 19320 (610) 383-6057 PENNDOT Project No AD40N- 09-001; Apply Runway 11-29 $59,384.00 Markings and Holdline Striping (92,000 SF) at the Chester Co./G.O. Carlson Airport, Contract 03-217 Co of Westches Count y of Westchester, 148 Martine Avenue, White Plains, NY 10601, (914) 995-4892 Coatesville PA. Airfield Markings $72.200.00 F07603-03-C-0016 436th CONS/LG 436th CONS/LGCA, Dover Air Force Base, 639 Atlantic Street, Dover AFB, DE 19902-5639 (302) 677-2185 Runway rubber removal and airfield striping at Dover AFB DE. $115,863.30 Page 1 of 9 for cis 1- _ en 1 aars Project Name Name and Address of Owner/Contractor Phone Number Project 1 Contract Amount Runway, Taxiway and Apron A002472 City of Colorado Spr City of Colorado Springs, Purchasing & Contracts Office, 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO $165,763.07 80903 Painting at the Colorado Springs 1-03-CO29 Metro Washington Air Metropolitan Washington Airpor, A/P, MA-228, 1 Aviation Airport. Runway Rubber Removal $61,600.00 Circle, Washington, DC 20001-6000 99-555-1118-04 Tennesse Aero. State of Tennessee, Dept of Trans/Aeronautics Div, P.O. Runway and Taxiway Remarking $477,631.41 Box 17326, Nashville, TN 17326 Program at 14 designated airports in East & Middle Runway 17-35 St. John the St. John the Baptist Parish, 1801 West Airline Highway, (985) 536-1999 Tennessee. Sealcoat and mark Runway 17- $71,936.50 Schedule "B DDekalb Co. Dept Dekalb Co. Dept of Purchasing, 1300 Commerce $95,650.30 Drive, Maloof Center, 2nd FI, Rm 202, Decatur, GA 30030 (404) 371-2707 Runway 16-34 Pavement Marking Project at the DeKalb- AIP 3-19-0036-01 C of Fort Mad City of Fort Madison, 811 Avenue E, Fort Madison, IA Peachtree Airport. Crack & joint cleaning & sealing $72,392.00 52627, of Runway 16/34, Taxiway and Apron at the Fort Madison 79643A Michigan DOT Michigan Dept of Transportatio, PO Box 30050, 425 West (517) 373-2090 Municipal Airport. Statewide Airport Marking $187,026.20 346-04 City of Cleveland Ottawa Street, Lansing,MI 48909 City of Cleveland, 601 Lakeside Ave, Room 128, Division (216) 664-2674 Project Contract # 63131; Rubber $223,000.00 of Purchasing&Supplie, Cleveland, OH 44114 removal and other contaminants. 443-04 City of Cleveland City of Cleveland, 601 Lakeside Ave, Room 128, Division (216) 664-2674 Painting and paint removal of $1,615,439.31 of Purchasing&Supplie, Cleveland, OH 44114 roadways, runways, and other Contract No. 81 Clearfield Jef Clearfield -Jefferson Counties, Regional Airport Authority, (814) 328-5311 paved areas. Alternate #1 - Crack seal and $76,731.67 PO Box 299, Falls Creek, PA 15840 marking Runway 7-25, Taxiways Airfield Marking Northwest Ark Northwest Arkansas Regional, One Airport Blvd., Suite (501) 205-1000 and Apron Airfield marking project at the $502,105.87 100, Bentonville, AR 72712 Northwest Arkansas Regional GSA Project No 9757 Ascension Ascension -St James Airport, PO Box 911, 6255 Airport (225) 673-6353 Airport, Bentonville AR. State Project 903-01-0011, At 3 $152,552.56 Industrial Blvd, Gonzales, LA 70707 22-0081-07; Rehabilitation of Runways, Taxiways, and Aprons at the Ascension -St. James 04-070 City of Shreveport City of Shreveport, Office of Purchasing, 505 Travis Street, Airport. Runway 14-32 and 5-23 $502,115.00 Shreveport, LA 71101-3042 pavement rehabilitation at A002472 City of Colorado Spr City of Colorado Springs, Purchasing & Contracts Office, Shreveport R Tonal Ai ort. Runway, Taxiway and Apron $141,643.07 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO Painting at the Colorado Springs 1-03-CO29 Metro Washington Air 80903 Metropolitan Washington Airpor, A/P, MA-226, 1 Aviation Airport. Runway Rubber Removal $65,600.00 Circle Washington, DC 20001-6000 04 WWYK-0291 Tinker AFB Tinker, OC-ALC-PKOE, 7858 5th Street, Suite 1, Tinker (405) 739-4182 Sealcoat and new markings on $325,884.05 AFB, OK 73145 Runway, Taxiway and Apron at Page 2 of 9 -)aior. --tts F,.,,. , ien ('. -, , ears Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name 939-01-0017 False River False river Air Park Com, PO Box 97, 8862 Airport Road , Sealcoat and new markings on $100,478.88 Const New Roads, LA 70760 Runway, Taxiway and Apron at the False River Regional Airport. 1-05-0041 Metro Washington Metropolitan Washington Airpor, A/P, MA-2213, 1 Aviation Runway Rubber Removal $72,120.00 Air Circle, Washington, DC 20001-6000 Seal & Paint Arapahoe Airport Arapahoe Co. Public Airport Au, Centennial Airport, 7800 (303) 790-0598 Schedule I: Apply seal coat and $66,032.49 S. Peoria Street, G-1, Englewood, CO 80112 pavement markings to West Ramp Taxilane; Apply pavement markings on Runway 17U35R City of New Orleans City of New Orleans, Dept of Finance, 1300 Perdido St., (504) 658-1550 Annual maintenance contract for $208,128.02 Suite 4W07, New Orleans, LA 70112 runway rubber removal and striping at the Louis Armstrong New Orleans Int'l Airport, Kenner LA. 05-019 St. Lucie Co St. Lucie Co, 2300 Virginia Avenue, Fort Peirce, FL 34982- (772) 462-1704 Runway/Taxiway/Ramp marking $228,990.00 5652, rehabilitation at the St. Lucie County Int'I Airport, Fort Pierce FL. 05-210 Co Westchester County of Westchester, 148 Martine Avenue, White Plains, (914) 995-4892 Airfield Markings $70,600.00 NY 10601, MNAA 05-0275 Metro Metropolitan Nashville Airport, One Terminal Drive, (615) 275-1600 Airfield Hold Bar modifications at $212,323.30 Nashville Nashville, TN 37214-4114, the Nashville Int'I Airport. Airfield marking NW Arkansas Northwest Arkansas Regional, One Airport Blvd., Suite (501) 205-1000 Airfield marking project at the $133,134.50 100, Bentonville, AR 72712 Northwest Arkansas Regional Airport, Bentonville AR. C-204 Kent County Kent County Department of Aero, 5500 44th Street, S.E., (616) 233-6000 2005 Airfield Pavement Marking $191,185.11 aeronautics Grand Rapids, MI 49512, at the Gerald R. Ford Int'I Airport, Grand Rapids MI. City of Cleveland, 482-05 City of Cleveland, 601 Lakeside Ave, Room 128, Division (216) 664-2674 Labor and materials necessary $2,257,900.00 of Purchasing&Supplie, Cleveland, OH 44114 for painting and paint removal on Roadways, Runways and other paved surfaces. Contract 05-1070 Capital Capital Region Airport Comm, Attn: Finance Department, 1 Labor and materials necessary $103,124.18 Regio Richard E Byrd Terminal Dr, Richmond Int'I , VA 23250- for painting and paint removal on 2400 Roadways, Runways and other 041003 Dover Air Force Base 436th CONS/LGCA, Dover Air Force Base, 639 Atlantic (302) 677-2185 Runway rubber removal and $140,881.31 Street, Dover AFB, DE 19902-5639 airfield striping at Dover AFB DE. TAD 79-555-0776-04 Millington Muncicipal Airport, PO Box 1133, 8182 Hornet (901) 872-7495 Runway rubber removal and $147,052.60 Millington Avenue, Millington, TN 38083 marking project at the Millington Regional Jetport, Millington TN. Schedule B, Dekalb Co. Dept Dekalb Co. Dept of Purchasing, 1300 Commerce Drive, (404) 371-2707 Invitation No. 3000169; Runway $88,141.90 Maloof Center, 2nd Fl, Rm 202, Decatur, GA 30030 2R-20L Pavement Marking Project at the DeKalb-Peachtree Airport. Page 3 of 9 alul ;,..la r ; Cf i ( .fir$ Project Name and Address of Owner/Contractor Name A0024742 Option Year 3 City of Colorado Springs, Purchasing & Contracts Office, Colorad 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO 80903 WWYK1040291 Tinker Tinker, OC-ALC-PKOE, 7858 5th Street, Suite 1, Tinker AFB, OK 73145 1-05-CO41 Metro Washington Metropolitan Washington Airpor, A/P, MA-226, 1 Aviation Circle, Washington, DC 20001-6000 3-01-0008-020-2003 Anniston City of Anniston, 1128 Gurnee Avenue, Anniston, AL 36201, NE NE 68113-2107, 293-05 City of Cleveland City of Cleveland, 601 Lakeside Ave, Room 128, of Purchasing&Supplie, Cleveland, OH 44114 Requisition No. 4513 Cuyahoga County Board of Commi, Procurement & Cuyahoga Diversity Divisi, 112 Hamilton Avenue, Cleveland, OH 44114 C004222 City of Colorado City of Colorado Springs, Purchasing & Contracts Office, Sprin 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO 80903 06-01 Arapahoe County Arapahoe Co. Public Airport Au, Centennial Airport, 7800 S. Peoria Street, G-1, Englewood, CO 80112 Runway Surface Rehab Montauk Airport, Inc., 65 Tuthill Road, Montauk, Montauk A 11954, GDOT AP060-9200-27(275) City of Thomasville, 411 West Jackson Street, Thomas Thomasville, GA 31792, TW's N & P Louisville Louisville Regional Airport Au, P.O. Box 9129, L Regional KY 40209-0129, 1-06-0055 Metro Washington Metropolitan Washington Airpor, A/P, MA-22B, 1 A Phone Number Project Contract Amount Runway, Taxiway and Apron $213,610.78 Painting at the Colorado Springs Airport. (405) 739-4182 Rubber removal, joint seal $332,984.80 removal and airfield markings. Runway Rubber Removal $73,880.00 Runway 5/23 striping at the $98,982.40 Anniston Municipal Airport, Anniston AL. Removal (216) 664-2674 Remove Rubber & othere $283,200.00 Contaminants from paved surfaces for the various departments of the Department of Port Control Runway 6-24 rubber removal $99,595.00 and repainting of Runway markings at the Cuyahoga County Airport, OH. Runway, Taxiway and Apron $126,125.90 Painting at the Colorado Springs Ai ort. (303) 790-0598 Sealcoat and pavement $60,016.00 markings Taxilane C, East Ramp Taxilane and Compass Rose. Apply markings to Runway 17R/35L & 10/28, Taxiways A, B, and N, and West Ramp Taxilane at the Centennial Airport. (631) 668-2410 Runway surface rehabilitation at $195,238.18 the Montauk Airport, Montauk NY. Schedule B: Runway 4-22 and $107.236.45 Runway 14-32 Pavement Marking Project at the Thomasville Municipal Airport, Thomasville GA. (502) 368-6524 Re -stripe Taxiways "N" & "P" at $54,750.00 the Louisville Regional Airport, Louisville KY, Runway Rubber Removal $69,480.00 Page 4 of 9 Itlor l- . its t _ _ an l i . jars Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name MAA-MC-2007-01 Maryland Maryland Aviation Administrati, Division of Procurement, (410) 859-7097 Runway rubber removal services $51,200.00 Aviati Third Floor P.O. Box 8766, BWI Airport, MD 21240 at Baltimore/Washington International, Thurgood Marshall and Martin State Airports. 910-03-0014 West Calcasieu West Calcasieu Parish AP Manag, 7000 Southland Field Pavement rejuvenation at the $75,357.00 Par Road, Sulphur, LA 70665, West Calcasieu Parish Airport, Sulphur LA. 2006 Crack seal/Painting Tweed -New Haven, Tweed -New Haven Regional Airp, 155 (203) 466-8833 2006 Crack Seal and Painting of $79,228.00 Tweed -New Haven Airport. Spec No. 20984C City of City of Chicago, Department of Procurement Serv, 121 N. (312) 742-9468 Removal of Rubber and other $1,176,000.00 Chicag LaSalle St. Room 403, Chicago, IL 60602 Containments from Runways and other Pavements ARP-75-0606 City of City of Brownsville, Purchasing/Contracting Manager, 1001 (956) 548-6081 Asphalt rejuvenation and $350,440.50 Brownsvill E. Elizabeth St. Suite 23, Brownsville, TX 78520 pavement marking on Runway 13R-31 L at Brownsville/South Padre Island Intl Airport. A0024742 Option Year 4 City of Colorado Springs, Purchasing & Contracts Office, Runway, Taxiway and Apron $152,450.03 Colorad 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO Painting at the Colorado Springs 80903 Airport. W911 S2-06-D-004 Fort Drum Fort Drum Directorate of Contr, ACA-NR, Acquisition (315) 772-5443 Traffic Control Painting $317,669.68 Division, 45 West Street, Fort Drum, NY 13602-5220 Requirements Contract, Fort Drum, NY. Spec No. 20984C City of City of Chicago, Department of Procurement Serv, 121 N. (312) 742-9468 Removal of Rubber and other $400,750.00 Chicag LaSalle St. Room 403, Chicago, IL 60602 Containments from Runways and other Pavements Contract 053-06-296 Jackson Jackson Municipal Airport Auth, PO Box 98109, 100 (601) 664-3522 Runway rubber removal and $86,000.00 Mu International Dr, Ste 300, Jackson, MS 39298-8109 marking at the Jackson -Evers Int'I Airport, Jackson MS. N107002B1 Broward County Broward Co. Purchasing Div., 115 S. Andrews Ave., Fort (954) 357-6265 Runway Reubber Removal at $68,350.00 Lauderdale, FL 33301-1801, Fort Lauderdale -Hollywood Airport 10424 City of Fort Lauderdale City of Fort Lauderdale, 100 North Andrews Avenue, 4th (954) 761-5772 Rehabilitate airfield markings at $169,595.46 Floor, Fort Lauderdale, FL 33301 the Fort Lauderdale Executive Airport. CIAA 2007-02 Chennault Int'I ChennauR Int'I Airport Author, 3650 Senator J. Bennett, (337) 491-9961 Runway and Taxiway Asphalt $106,401.47 A Johnnston Ave., Lake Charles, LA 70615 Rejuvenation and Markin Contract No. 1692 City of Tallahassee, Accounts Payable, City Hall, 300 S. (850) 891-8427 Enhanced taxiway centerline $121,237.50 Adams St., 3rd Floor, Tallahassee, FL 32301 markings on both RW 9-27 and RW 18-36 at Tallahassee Regional Airport, Tallahassee, FL Remark RW 3-21 City of City of Manhattan, 1101 Poyntz Avenue, Manhattan, KS Remark Runway 3-21 thresholds $67,505.00 Manhatt 66502, at the Manhattan Regional Airport, Manhattan KS. Contract No 07-207 Co of County of Westchester, 148 Martine Avenue, White Plains, (914) 9954892 Airfield Markings $178,180.00 Westc NY 10601, Page 5 of 9 Project Name and Address of Owner/Contractor Phone Number Project 1 Contract Amount Bid #07-095/LM County of Palm County of Palm Beach, Purchasing Department, 50 S Military Trail Suite 110, West Palm Beach, FL 33415-5199 Airfield marking improvements at $117,303.64 Palm Beach Int'I and North Palm Beach County General Aviation Airport, Palm Beach FL. NOAB 2-6-2-2007-01 City of New City of New Orleans, Dept of Finance, 1300 Perdido St., (504) 658-1550 Annual Maintenance contract for $191,825.00 Suite 4W07, New Orleans, LA 70112 Runway Rubber Removal & Striping at the Louis Armstrong New Orleans Int'I Airport, Kenner Bid No. LA 33801, Lakeland Linder Regional _ - :46--the BP-395 Greater Orlando Aviatio Greater Orlando Aviation Autho, Engineering and (407) 825-3753 Enhancement ofTaxiway $474,000.00 Construction, 5850 Cargo Road, Orlando, FL 32827-4399 markings at the Greater Orlando Int'I Airport, Orlando FL. Rehabilitation or Runway 4-22 at Runway 4-22 Rehab Jackson Coun Jackson County Commission, 214 West Main Street, $121,001.75 Ripley, WV 25262, the Jackson County Airport, (AP0702) City of Pueblo City of Pueblo, Purchasing Dept, 230 S. Mechanic, (119) 553-2350 Mil07-045 RunwayBand Taxiway Asphalt P $163,624.96 AIP3-38-0037-035 City of Pueblo, CO 81003 City of Minot, 512 2nd Ave, SW, Minot, ND 58701, Rejuvenation and Markin a $120,986.80 Minot Runway 8/26 Rejuvenation at Parking Ramp Mark Willow Grove Willow Grove NASJRB, Public Works Dept., En ineerin, P 9 (215) 443-6227 ND Minot Int'I Airport, Minot new Repaint existing /paint new $74,500.00 Willow Grove, PA 19090-5001, yellow taxi -lane stripes and hold short lines on taxiways, runway and ramp surfaces at The Naval Air Station JRB Willow Grove, Concourse D Continental Airlin Continental Airlines, Inc., 1600 Smith Street, 15th Floor, (216) 501-4228 PA. Concourse D Pavement Marking $234,000.00 Houston, TX 77002 at the Cleveland Hopkins Int'I Airport, Cleveland OH. Airfield pavement marking Airport Improv Gadsden Airport Gadsden Airport Authority, 185 Ira Gray Drive, Gadsden, (256) 549-4520 $75,357.08 AL 35904, removal and updates at the Gadsden Municipal Airport, WWYK-070221 Tinker AFB Tinker, OC-ALC-PKOE, 7858 5th Street, Suite 1, Tinker (405) 739-4182 Gadsden AL. Rubber removal, joint seal $102,807.40 MKAA No. 06-149-00-RW AFB, OK 73145 Metropolitan Knoxville AP Auth, McGhee Tyson Airport, removal and airfield markings. $366,771.00 Metro Kn 2055 Alcoa Highway, Alcoa, TN 37701 Remarkingof Runways 5L-23R y and 5R-23L at the McGhee Airfield Marking Northwest Ark Northwest Arkansas Regional, One Airport Blvd., Suite (501) 205-10- 00 Tyson coa TN. Airfield Amarkin AI at the project $246,427.65 100, Bentonville, AR 72712 Northwest Arkansas Regional 62080325 City of Kansas City A City of Kansas City Aviation D, Kansas City I Airport, rPort (816) 243-3059 Ai ort, Bentonville AR. Airfield Paint Markings Update at $376,060.00 601 Brasilia Ave, Kansas City, MO 64153-2054 the Kansas City Int'I Airport, Kansas Ci MO Page 6 of 9 or i _ _ XS t- men (' rears Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name Rubber Removal&Stripe South South Jersey Trans. Authority, P.O. Box 351, Hammonton, (609) 965-6060 Rubber Removal and Striping at $120,210.00 Je NJ 08037-0351, Atlantic City Int'I FA4484-08-D0002 McGuire McGuire AFB, 305th CES/CEOEO, 2401 Vandenberg Ave, (609) 754-5615 Line Striping and Rubber $228,155.88 AFB McGuire AFB, NJ 08641 Removal at McGuire AFB, NJ WWYK-040291 Tinker AFB Tinker, OC-ALC-PKOE, 7858 5th Street, Suite 1, Tinker (405) 739-4182 Rubber Removal, Joint Seal $247,324.00 AFB, OK 73145 Removal and Airfield Marking'.. Rubber and Paint Removal at $76,080.00 1-06-CO55 Metro Washington Metropolitan Washington Airpor, A/P, MA-22B, 1 Aviation Air Circle, Washington, DC 20001-6000 Washington Dulles International Airport Spec No. 20984C City of City of Chicago, Department of Procurement Serv, 121 N. (312) 742-9468 Removal of Rubber and other $400,750.00 • Roe 403, 01 rMUMMUMRon- unways--- FA4484-08-D0002 McGuire McGuire AFB, 305th CES/CEOEO, 2401 Vandenberg Ave, (609) 754-5615 and other Pavements Line Striping and Rubber $234,937.74 AFB McGuire AFB, NJ 08641 Removal at McGuire AFB, NJ PBNC 07-10 County of Palm County of Palm Beach, Purchasing Department, 50 S Airfield marking improvements at $648,618.50 Beac Military Trail Suite 110, West Palm Beach, FL 33415-5199 Palm Beach Int'I & North Palm Beach County General Aviation Airport, Palm Beach FL Item No. 0805 029 Michigan Michigan Dept of Transportatio, PO Box 30050, 425 West (517) 373-2090 Statewide Airport Marking $165,653.50 DOT Ottawa Street, Lansing, MI 48909 Project Centennial Airport Arapahoe Arapahoe Co. Public Airport Au, Centennial Airport, 7800 (303) 790-0598 Runway 17U35R and Runway $82,301.76 S. Peoria Street, G-1, Englewood, CO 80112 17R/35L LaGuardia Airport Port Auth Port Authority of NY & NJ, Mgr. Const. Contract Division, (201) 216-6505 Rubber Removal at LaGuardia $167,625.00 One Madison Avenue, 7th Floor, New York, NY 10010 Int'I Newark Airport Port Authority Port Authority of NY & NJ, Mgr. Const. Contract Division, (201) 216-6505 Rubber Removal at Newark int'l $128,140.00 One Madison Avenue, 7th Floor, New York, NY 10010 JFK Airport Port Authority Port Authority of NY & NJ, Mgr. Const. Contract Division, (201) 216-6505 Rubber Removal at Kennedy Int'I $207,000.00 One Madison Avenue, 7th Floor, New York, NY 10010 Fog Seal Rwy 9/27 Greely- Greely-Weld Co Airport Auth, P.O. Box 727, 600 Ariport Fog Seal Runway 9/27 & Phase $123,350.00 Weld Road, #A, Greeley, CO 80631 111 AIP Project 3-MOO28-19 Sealcoating Jefferson Co, Jefferson County Highway Dept., 21897 County Rt. 190, (315) 782-9174 Sealcoating of Ashpalt Surfaces $58,183.77 CO Watertown, NY 13601, at Rocky Mountain Metropolitan Airport, Broomfield, CO Potsdam Airport V Potsdam Village of Potsdam, P.O. Box 5168, Civic Center, (315) 265-7480 Crack Repair & Sealcoat at $248,040.00 Potsdam, NY 13676 Potsdam Airport - Damon Field FA3020-08-C-0006 Sheppard Sheppard Air Force Base, 82nd CONS/LGC, 136 K Ave, (940) 676-5179 Remove Rubber & Paint $81,387.19 AFB Ste 1, Bldg 1664, Sheppard AFB, TX 76311-2746 Runways 15C/33C RW 8-26 & Twy Rehab Aerodrome Development Corp., Randall Airport, 100 Runway 8-26 & Taxiway $95,272.52 Aerodrome Airport Rd, Middletown, NY 10940 Rehabilitation Midfield Terminal Indianapolis Indianapolis Airport Authority, 2349 Aviation Drive, (317) 487-6016 Midfield Terminal Airfield $540,116.36 Indianapolis, IN 46241, Pavement Markings Remove/Restripe Gillette Gillette -Campbell Co Airport, 2000 Airport Rd , Suite 108, (30 ') 686-1042 Schedule I, Remove & Restripe $535,278.43 Gillette, WY 82716 lAirport Pavement Page 7 of 9 — or t ;ts I- ?-,n (� - ears Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name Rwy Sealcoat Proj Golden Golden Triangle Reg Airport, Airport Authority Offices, (662) 327-4422 Runway Sealcoating & Painting $263,431.03 Tria 2080 Airport Road, Columbus, MS 39701 Rwy/Twy Painting Pensacola City of Pensacola, Accounts Payable, P.O. Box 12910, (850) 436-500 Runway & Taxiway Painting $97,400.00 Pensacola, FL 32521-0061 Services Improve Rwy 4R/22L Lafayette Airport Commission, 200 Terminal Drive, (337) 266-4400 Interim Improvements to Runway $172,809.00 Lafayette Lafayette, LA 70508, 4P•22L Pavt Marking Sylvania- Sylvan ia-Screven Co Air Auth, 1023 South Main St, (912) 857-3220 Pavement Marking & Striping $52,208.49 Screven Sylvania, GA 30467, Rubber Removal San Jose City of San Jose, Dept of Finanace-Purchasing, 200 E (408) 535-7046 One-time rubber removal using $60,000.00 Santa Clara St, 13th FL, San Jose, CA 95113 high pressure water removal on Portsmouth Air Pease Pease Development Authority, 360 Corporate Drive, (603) 433-6088 Slurry Seal Surface Treatment $156,200.00 Develop Portsmouth, NH 03801, for General Aviation Apron Airfield Markings Tri-Cities Tri-Cities Airport Commission, 2525 Highway 75, Suite (423) 325-6010 Runway Rubber Removal and $243,960.00 305, Blountville, TN 37617, Airfield Markings Improvements Rwy/Txy Paint Colorado City of Colorado Springs, Purchasing & Contracts Office, Runwayfraxiway Painting, Paint $412,800.00 Spring 30 S. Nevada Avenue, Ste. 201, Colorado Springs, CO Removal, Rubber Removal and 80903 Fog Seal Service. Auburn -Opelika Auburn Auburn University, Robert G Pitts Airport, 700 Airport (334) 844-4606 Runway 18-36 Grooving and $147,711.30 Univer Road, Auburn, AL 36830 Marking Project Rubber Removal San San Francisco Int'I Airport, Facilities Operations & Maint, (650) 821-7735 Runway Rubber Removal $53,150.00 Francisco P.O. Box 8097, San Francisco, CA 94128 Atlantic City Airport S Jersey South Jersey Trans. Authority, P.O. Box 351, Hammonton, (609) 965-6060 P.O. #08001434, Rubber $69,040.60 NJ 08037-0351. Rem/Repaint at Atlantic City Int'I, NJ Richmond In'1 Capital Region Capital Region Airport Comm, Attn: Finance Department, 1 Contract No. 06-2009-HLM; $213,728.00 Richard E Byrd Terminal Dr, Richmond Int'I , VA 23250- Airfield Painting Services 2400 Enhanced Twy Markings Mobile Airport Authority, Mobile Regional Airport, P.O. Box (251) 639-4697 Enhanced Taxiway Markings $100,434.40 Mobile 88004, Mobile, AL 36608 Pavt Marking Rehab Erie Reg Erie Regional Airport Auth, 4411 West 12th Street, ATTN- ERAA Pavement Marking $148,750.00 Airfield O rations, Erie, PA 16505 Rehabilitation RW 18-36 WCF, LLC WCF, LLC, 2914 Cardiff Road, Brookshire, TX 77423, (281) 945-5000 RW marking removal and $93,947.55 remarking, asphalt rejuvenation on RW 18-36 Chris Crusta City of Abbeville City of Abbeville, 101 North State Street, Abbeville, LA Chris Crusta Mem Airport, $143,675.65 70510, Statewide Seal Coat Program, Vermilion Parish, LA RW 14-32 Crack Seal Dalton City of Dalton, P.O. Box 1205, 300 West Waugh Street Runway 14-32 Crack Sealing $125,455.10 (30720), Dalton, GA 30722-1205 and Marking at Dalton Municipal Airport, Dalton, GA Alliance Muni City of Alliance City of Alliance, 320 Laramie Avenue, Alliance, NE 69301, Runways 08/26 & 12/30 Seal $599,788.60 Coat Hart Airport Town of Many, LA Town of Many, 965 San Antonio Ave, Many, LA 71449, SP No. 977-99-0125; Statewide $98,553.47 Sealcoat Program, Hart Airport, LA Airfield Markings Tallahassee Tallahassee Regional Airport, 3300 Capital Circle, SW, (850) 891-7814 JAirfield Markings at the $74,053.50 Suite 1, Tallahassee, FL 32310 ITallahassee Regional Airport Page 8 of 9 .. alor I . -gas r__..en (1.. , tars Project Name and Address of Owner/Contractor Phone Number Project Contract Amount Name Seal Coat Concordia Parish Concordia Parish Air Authority, 359 National Guard Road, Runway, Taxiway & Apron Seal $99,906.84 Vidalia, LA 71373, Coat, Concordia Parish Airport, Remark & Rub Rem Northwest Arkansas Regional, One Airport Blvd., Suite (501) 205-1000 Vidalia, LA Airfield Marking and Rubber $227,500.00 Northwest Ark 100, Bentonville, AR 72712 Removal at Northwest Arkansas Regional Airport Rubber Removal San San Francisco Int'I Airport, Facilities Operations & Maint, (650) 821-7735 Rubber Removal at the San $56,000.00 Francisco P.O. Box 8097, San Francisco, CA 94128 Francisco Int'I Airport 2009 RW Painting Rapid City Rapid City Regional Airport, 4550 Terminal Road Suite 2009 Runway Painting at Rapid $69,768.24 102, Rapid City, SD 57703, City Regional Airport, Rapid City, Rejuv/Markings Marion-Critten Marion -Crittenden Co Air Board, 291 Airport Road, Marion, Airfield Pavement $59,951.46 KY 42064, Sealer/Rejuvenator and Pavement Markings at the Marion -Crittenden County Airport, Marion, KY Sealcoat Program Pineville City of Pineville, P.O. Box 3820, Pineville, LA 71361, State Project No. 977-99-0125, $85,653.23 Statewide Sealcoat Program, Pineville Municipal Airport Rehab Airfield Elkins- Elkins -Randolph Cty Air Auth, Rt 4 Box 271-1, Elkins, WV Update Airfield Markings at the $87,237.69 Randolph 26241, Elkins -Randolph County Airport, Elkins, WV Rubber Removal San in Francisco Int'I Airport, Facilities Operations & Maint, (650) 821-7735 Rubber Removal at the San $56,000.00 Francisco P.O. Box 8097, San Francisco, CA 94128 1 1 Francisco Int'I Ai ort Page 9 of 9 Hi -Cite Markings, Inc. July 13, 2010 County of Monroe Purchasing !Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Re: Bid No. BID-MAP-195-170-2010-PUR/CV C6mpany Shareholders of 5% or More 1. John S. McNeely, President 35208 NYS Rte', 126 Carthage, NY 13619 2. Richard C. McNeely III, Vice President/General Manager 15633 Pheasant'Run Rd Watertown, NY'13601 3. Rhonda M. McNeely, Vice President/Sales 15633 Pheasant Run Rd Watertown, NY' 13601 LEAVING OUR MARK ON AMERICA'S RUNWAYS TM Hi-Lite Markings, Inc. July 13, 2010 County of Monroe Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Re: Bid No. BID-MAP-195-170-2010-PUR/CV The following key personnel and office staff will be available on the above kferenced contract. • John S. McNeely, President • Richard C. (Cal) McNeely III, Vice President/General Manager • Kelly Spinner, Controlled • Theresa Reed -Male, Senior Accountant • Mike VanWormer, Contracts Manager • Tanya Glazier, Airport Operations Supervisor • Brian Lawton, Operations Manager • Kevin Parker, Project Manager • Richard McNeely IV, Project Manager • Ben Ives, Project Manager • Ron Juby, Project Supervisor • Phil Stillman, Project Supervisor • Jeff Strife, Project Supervisor • Elyda Siebert, Payroll Clerk LEAVING OUR MARK ON AMERICA'S RUN�AYSTM Hi -Lice Markings, Inc. July 13, 2010 County of Monroe Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Re: Bid No. BID-MAP-195-170-2010-PUR/CV Corporate Officers 1. John S. McNeely, President 35208 NYS Rte 126 Carthage, NY 13619 2. Richard C. McNeely III, Vice President/General Manager 15633 Pheasant Run Rd Watertown, NY 13601 3. Rhonda M. McNeely, Vice President/Sales 15633 Pheasant Run Rd Watertown, NY 13601 4. Kelly J. Spinner, Secretary/Treasurer 16406 Ives Street Rd Watertown, NY 13601 LEAVING OUR MARK ON AMERICA'S RUNWAYS TM U 1. A. Name of Company: Hi-Lite Markings, Inc. B. Company is: Corporation 2. A. Address of Principal Office: 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 B. Federal ID: 16-1381276 3. Date Bidder was organized: October 1989 4. Incorporated October 1990 in New York 5. A. Engaged in Business: 20 Years B. Principal Officers: 1. John S. McNeely, President 35208 NYS Rte 126 Carthage, NY 13619 2. Richard C. McNeely III, Vice President/General Manager 15633 Pheasant Run Rd Watertown, NY 13601 3. Rhonda M. McNeely, Vice President/Sales 15633 Pheasant Run Rd Watertown, NY 13601 4. Kelly J. Spinner, Secretary/Treasurer 16406 Ives Street Rd Watertown, NY 13601 ,y 6. Character of Work Performed: Hi-Lite Markings, Inc. is a family ow company established in October of 1989 and incorporated in October State and has the authority to do business in 33 additional states. Bas Center, NY with a RejuvaSeal manufacturing plant and a warehouse i manufacturing plant in Clear Brook, VA of environmentally preferrec Hi-Lite is able to service large area effectively. Specializing in paver maintenance of highways and airport runways, Hi-Lite has built a roc Hi-Lite's services include: Pavement Markings - paint, epoxy, polyester, tape and rpm' Markings Removal - grinding, shotblasting and waterblastij Rubber Removal - waterblasting, chemical, and waterbla Sealcoating - RejuvaSeal and coal tar sealer Crack & Joint Sealing Texturizing Runway Friction Testing 7. Has Bidder ever failed to complete any work awarded? No 8. Have liquidated damages ever been assessed against Bidder? No 9. Has Bidder ever been subject to civil or criminal investigation? No 10. Has Bidder ever been convicted of any crime or criminal investigati 11. Is there any litigation pending? No 12. Background and Experience Principal Members: Name Function/Title Years of Service Y John S. McNeely President 19 Richard C. McNeely III Vice President/GM 20 Rhonda M. McNeely Vice President/Sales 20 Kelly J. Spinner Controller 18 13. Bank Reference: Alliance Bank 120 Madison St., 17`h Floor Syracuse, NY 13202 Robert A. Markowski, Vice President Phone: (315) 475-7550 Fax: (315) 475-1345 ed and operated 990 in New York d out of Adams i Buda, TX, and a specialty cleaners, ent markings and solid reputation. No 19 20 20 18 14. Trade References: Sherwin Williams Contact: Galen Mosher 491 Factory Street Phone: (315) 788-3130 Watertown, NY 13601 Fax: (315) 788-8479 Ryder Transportation Contact: Customer Service -Folk 6540 Chrysler Drive Phone: (770) 569- 6000 Syracuse, NY 13057 Fax: Aexcel Corporation Contact: Donna or Jerry Lee 7373 Production Drive Phone: (440) 974-3800 Mentor, OH 44060 Fax: (888) 293-9590 Flex-O-Lite (Potters Industries) Contact: David Fenn 50 Crestwood Exec Dr Suite 522 Phone: (860) 567-3552 St. Louis, MO 63126 3M Contact: Mike Downing PO Box 601095 Phone: (518) 853 4611 Charlotte, NC 28260-1095 15. Hi-Lite has not had fines levied for violations of any state or federal environmental laws including OSHA or EPA. 16. Loan Defaults: None 17. No officer, partner, member or substantial partner of Hi-Lite been convicted under any state or federal criminal statute. 18. Hi-Lite Markings, Inc. has never been debarred as a state or federal prompt for Credit , sanitary or , Inc. has ever Hi-Lite Markings, Inc. July 13, 2010 County of Monroe Purchasing Office 1100 Simonton Street, Room1-213 Key West, FL 33040 Re: Bid No. BID-MAP-195-1,70-2010-PUR/CV The following vehicles / equipment are owned by Hi-Lite and will be avai above referenced contract. Vehicle Description Water Blaster Freightliner Tractor Transcraft Trailer - Water Blaster Water Blaster Int' 1 Transcraft Trailer — Water Blaster Water Blaster Freightliner Tractor Jetstream UHP Trailer Schwarze A9000 Sweeper Schwarze A9001 Sweeper Volvo Airport Paint Truck Volvo Airport Paint Truck Ford F-550 Ext Cab Utility Ford F-350 Utility/Crane Ryder Stake Rack 6 wheeler Freightliner — Ryder Tractor Trans — Trailer (18 wheeler) Ryder Box Van Ryder Box Van 15' Ryder Stake Rack 6 wheeler Graco Linelazer Hand Stripers Blowers — Billygoat Yr. Vehicle ID# 06 1FUJAWCG76LWI2046 02 1TTE4820021064083 97 1 HSRUAHR9VH430677 04 ITTE4820441074161 07 IFUJAWCG37LY34262 02 1 WXDKHB2DN057380 04 49RAADBV94DM88802 04 49HAADBV04DM88803 02 4V2GC6UE53N348707 97 4VEZAKFDOVRY76697 03 1FDAX56P43EC73978 02 1 FDWX36F62EC48774 00 1 HTSCAAM 1 YH275191 05 1 FUJA6CK65DU85156 05 1 TTE4820551075434 00 1 HTSCAAM 1 YH275190 98 1FDWE37L8WHB92237 00 1HTSDAAN71 H350955 for use on the Plate # NY- 43207PA NY- AE88164 NY- 39806PA NY — 3524B9 NY — 87760PA NY — 29571 SC NY — 11892SC NY - 54535PA NY-7116PA NY- 19968JP NY- 86805JH NY- 27277JH — 1615B0 -17371JB -68346JP - 29959PA LEAVING OUR MARK ON AMERICA'S RUN*AYSTM Financial Statements HI-LITE MARKINGS, INC. December 31, 2009 FIRLEY, MORAN, FREER & EASSA, P.C. Certified Public Accountants 5010 Campuswood Drive, Suite 4 East Syracuse, New York 13057 Telephone: (315) 472-7045 Facsimile: (315) 472-7053 www.fmfecpa.com INDEPENDENT AUDITOR'S REPORT To the Stockholders Hi-Lite Markings, Inc. Adams Center, New York We have audited the accompanying balance sheet of Hi-Lite Markings, Inc. i an S corporation) as of December 31, 2009, and the related statement of income and retained earrings, and cash flows for the year then ended. These financial statements are the responsibilit, of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally ac epted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of m terial misstatement. An audit includes examining, on a test basis, evidence supporting the amou s and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overal financial statement presentation. We believe that our audit provides a reasonable basis for our o inion. As more fully described in Note A to the financial statements, Hi-Lite Markings, Inc. has excluded the financial statements of affiliated companies from consolidation with these financial statements. Financial Accounting Standards Board ("FASB") Ac ounting Standards Codification ("ASC") Topic 810, "Consolidation", which includes guidance formerly in FASB Interpretation No. 46 Revised (FIN46), requires consolidation of these comp ies. In our opinion, except for the effects of not consolidating the affiliated com statements referred to above present fairly, in all material respects, the final Lite Markings, Inc. as of December 31, 2009 and the results of its operatior for the year then ended in conformity with accounting principles generally ac States of America. East Syracuse, New York March 12, 2010 An Independently Owned Member of the RSM McGladrey Network inies, the financial ial position of Hi - and its cash flows Dted in the United BALANCE SHEE HI-LITE MARKINGS, INC. December 31, ASSETS CURRENT ASSE Cash Accounts receivable Due from affiliate Costs and estimate earnings in excess of billings on uncor ipleted contracts Inventory Prepaid expenses d sundry assets EQUIPMENT, at cot Less accumulated epreciation OTHER ASSETS Due from affiliate Cash surrender val a of life insurance $ 135,663 5,161,797 473,312 185,937 213,872 46,193 TOTAL CURRENT ASSETS 6,216,774 7,525,779 4,572,894 2,952,885 352,698 464,041 816,739 $ 9,986,398 -2- LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Short-term borrowings Accounts payable and accrued expenses Due to affiliates Billings in excess of costs and estimated earnings on uncompleted contracts Current maturities of long-term debt TOTAL CURRENT LONG-TERM DEBT, exclusive of current maturities DEFERRED COMPENSATION STOCKHOLDERS' EQUITY Common Stock, no par value; 600 shares authorized, issued and outstanding Additional paid -in capital Retained earnings See notes to financial statements. $ 1,700,000 1,856,853 42,073 123,341 915,000 4,637,267 1,894,083 480,000 600 103,567 2,870,881 2,975,048 $ 9,986,398 -3- STATEMENT OF INCOME AND RETAINED EARNINGS HI-LITE MARKINGS, INC. Year ended December 31, 2009 Revenues Cost of revenues General and Interest expense, Income tax $ 16,345,610 12,281,460 GROSS PROFIT 4,064,150 ive expenses 3,117,283 INCOME FROM OPERATIONS 946,867 240,869 INCOME BEFORE INCOME TAXES 705,998 30,000 NET INCOME 675,998 Retained earnings ai beginning of year 2,394,883 Distributions to stoc olders (200,000) RETAINED EARNINGS AT END OF YEAR $ 2,870,881 See notes to financill statements. -4- STATEMENT OF CASH FLOWS HI-LITE MARKINGS, INC. Year ended December 31, 2009 INCREASE (DECREASE) IN CASH Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Gain on disposal of assets Depreciation and amortization Provision for deferred compensation Changes in working capital components: Accounts receivable, excess costs and earnings and excess billings, net Net payments from affiliates Inventory Prepaid expenses and sundry assets Accounts payable and accrued expenses NET CASH PROVIDED BY OPERATING ACTIV Cash flows used in investing activities: Increase in cash value of life insurance Proceeds from sale of equipment Equipment additions NET CASH USED IN INVESTING Cash flows used in financing activities: Net increase in short-term borrowings Proceeds from long-term debt Principal payments on long-term debt Distributions to stockholders Cash at beginning of year NET CASH USED IN FINANCING AC NET INCREASE IN CASH AT END OF SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Cash payments for interest NONCASH INVESTING AND FINANCING ACTIVITIES Equipment purchases financed through capital leases See notes to financial statements. $ 675,998 (22,880) 790,221 . 60,000 (1,150,242) 616,956 80,339 4,361 170,788 1,225,541 (90,806) 40,901 (591,538) (641,443) 200,000 280,748 (829,227) (200,000) (548,479) 35,619 100,044 $ 135,663 $ 237,308 $ 656,080 -5- NOTES TO FINANCIAL STATEMENTS HI-LITE MARKINQS, INC. December 31, 2009 NOTE A--SUMMAtY OF SIGNIFICANT ACCOUNTING POLICIES Company's Activiti s: Hi-Lite Markings, Inc. (the "Company") specializes in pavement markings and pave ent maintenance on airports and highways throughout the United States. The Company's foc �s is on paint, epoxy, polyester and preformed pavement markings; rubber removal, pavemei It marking removal, crack and joint sealing and asphalt sealcoating/rejuven ion. Hi-Lite® is the registered trademark of Hi-Lite Markings, Inc. Hi-Lite Markings, I ic. is a New York based company that is also registered to work in the following states: ;Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, lidiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North D ota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Vir nia, West Virginia, Wisconsin and Wyoming. Variable Interest Et Itities: FASB ASC Topic 810, "Consolidation", which includes guidance formerly in FIN 46 relates to the preparation of consolidated or combined financial statements when the equity in stors in an entity do not have the characteristics of a controlling financial interest or when the equity at risk is not sufficient for the entity to finance its activities without additional subordin Led financial support. FASB ASC 810 requires a company to evaluate all existing arrangeme s to identify situations where a company has a "variable interest" in a "variable interest en ity" and further determines when such variable interests require a company to consolidate the v triable interest entities' financial statement with its own. FASB ASC 810 requires that a corn any that holds variable interests in an entity consolidate the entity if the company's interest p the variable interest entity (VIE) is such that the company will absorb a majority of the VIE expected losses and/or receive the majority of the VIE's expected residual returns, if they occu l In such cases, the company is the primary beneficiary of the VIE. Affiliated compani Is of the Company include Hi-Lite Development Corporation, Hi-Lite Properties, LLC, P vement Rejuvenation International, LP, PRI Rejuvenation, Inc., Hi-Lite Canada, ULC, Hi- ' ite International, Inc., N825213, LLC, and Hi-Lite Stayseth, SA. The affiliated companie are related to the Company through common ownership and management. The activities of the offiliated companies are: • Pavement Re uvenation International, L.P. (PRI LP) is the exclusive manufacturer of RejuvaSeal®, i leading asphalt rejuvenator. RejuvaSeal® is being used to seal, restore and protect asphalt jpavements worldwide. • PRI Rejuvein ation, Inc. (PRI) is the general partner of Pavement Rejuvenation International, P. • Hi-Lite Can da, ULC (HLC) specializes in pavement markings and pavement maintenance o airports and highways throughout Canada. -6- NOTES TO FINANCIAL STATEMENTS i HI-LITE MARKINGS, INC. i i December 31, 2009 i NOTE A --SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Variable Interest Entities --Continued: I • Hi-Lite International, Inc. owns Hi-Lite Canada, ULC. • Hi-Lite Development Corporation owns and maintains the real estate that is the headquarters for the affiliated companies. • Hi-Lite Properties, LLC owns and maintains the real estate that provides the affiliated companies with a shop and maintenance facility. • N825213, LLC owns and maintains an aircraft used by the affiliated co anies. • Hi-Lite Stayseth SA specializes in pavement markings and pavem it maintenance on airports throughout Latin America. While the Company is the primary beneficiary of the affiliates' operations, it s not consolidated or combined the assets, liabilities and results of operations of these variabl interest entities in the accompanying financial statements. If the entities were consolidated, t tal assets and total liabilities as of December 31, 2009 would be increased by approximatc ly $1,500,000 and $1,700,000, respectively. Use of Estimates: Management uses estimates and assumptions in prepa ing these financial statements in accordance with accounting principles generally accepted in t ie United States of America. Those estimates and assumptions affect the reported amounts of a sets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates that were used. Revenue and Cost Recognition: Revenues from fixed price and unit rice contracts are recognized on the percentage of completion method. Progress towards co letion is measured on the basis of incurred costs to total estimated costs since, in the opinion f management, this basis of measurement provides the most reasonable measurement of the wor performed to date. Because of inherent uncertainties in estimating total contract costs on unco ipleted jobs, it is at least reasonably possible that the estimates used will change in the near too. Revenues from time -and -material contracts are recognized currently as the work is performe Contract costs include all direct material, labor and subcontract costs and hose indirect costs related to contract performance, such as depreciation, vehicle and equipmeni expenses and labor burden. General and administrative expenses are charged to expense as incu red. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. -7- NOTES TO FINANICIAL STATEMENTS --Continued HI-LITE MARKINgS, INC. December 31, 2009 NOTE A --SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES --Continued Revenue and Cost eco nition--Continued: Changes in estimated job profitability resulting from unit quantities ;job performance, job conditions, contract penalty provisions, claims, change orders, and settlem 'nts are accounted for as changes in estimates in the period in which they occur. I, The asset, "Costs nd estimated earnings in excess of billings on uncompleted contacts", represents revenues I ecognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated Earnings on uncompleted contracts", represents amounts billed in excess of revenues recognize Accounts Receivab ' : Accounts receivable are recorded when invoices are issued and are presented in the balance sheets net of the allowance for doubtful accounts. Accounts receivable are written off whi n they are determined to be uncollectible. The allowance for doubtful accounts is estimate I based on the Company's historical losses and the financial stability of their customers. The C4 mpany believes that no allowance for doubtful accounts is necessary at December 31, 2009. Inventory: Invento consists of pavement striping materials and is valued at the lower of cost (first -in, first -out inhod) or market. Concentration of Qredit Risk: The Company's cash balances maintained with financial institutions customa 'ly exceed FDIC insurance limits. Equipment: Equiptent is recorded at cost. The Company provides for depreciation by the straight-line method t rates based on the estimated useful lives of the assets. Income Taxes: The Company has elected to be treated as an S corporation under the provisions of the Internal Rev ue Code, New York State tax law and the laws of numerous other states. For certain states, t je Company is treated as a C corporation. Under S corporation provisions, where applicable, t Company does not pay corporate income taxes on its taxable income. Instead, the stockh iders are liable for the individual federal and state income taxes on the Company's taxable ncome. For some jurisdictions, the Company files composite income tax returns on behalf of s shareholders. On January 1, 2009, !the Company adopted FASB ASC 740-10, "Income Taxes", which includes guidance formerly FASB Interpretation No. 48 (for uncertainty in income taxes). The Company did not re gnize any impact upon adoption for the year ended December 31, 2009. -8- NOTES TO FINANCIAL STATEMENTS --Continued HI-LITE MARKINGS, INC- December 31, 2009 NOTE A --SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES --Con inued Events Occurring After Reporting Date: The Company has evaluated ever ts and transactions that occurred between December 31, 2009 and March 12, 2010 which is thir. date the financial statements were available to be issued, for possible disclosure and recognit n in the financial statements. There were no such events or transactions identified by the Compliny. NOTE B--ACCOUNTS RECEIVABLE Accounts receivable at December 31, 2009 consist of: Contract receivables: Completed contracts $ ?,711,356 Contracts in progress 2,096,293 Retainage 343,634 5,151,283 Accounts receivable --trade 10,514 $ 5,161,797 NOTE C--CONTRACTS IN PROGRESS I Information with respect to contracts in progress at December 31, 2009 is as ' llows: I Costs incurred on uncompleted contracts $ 3,297,640 Estimated earnings recognized 1,062,438 4,360,078 Less billings to date 4,297,482 I $ 62,596 Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts $ 185,937 Billings in excess of costs and estimated earnings on uncompleted contracts 123,341 $ 62,596 -9- NOTES TO FINAN STATEMENTS --Continued HI-LITE MARKINGS, INC. December 31, 2009 NOTE D--EQ Equipment at Dece 'ber 31, 2009 consist of: Construction equip ent $ 7,452,838 Office equipment 72,941 $ 7,525,779 NOTE E--r71NANCING ARRANGEMENTS The Company's loni-term debt at December 31, 2009 consist of: Loans payable to Alliance Bank: Equipment term 1 an payable in monthly installments of $7,000 plus interest at 6.49% throu January 2013; interest only will be paid in the months of March and April $ 217,000 Equipment loan rayable in monthly installments of $4,182 including interest at 6.43% through December 2012; interest only will be paid in the months of March and April 112,077 Equipment loan r iyable in monthly installments of $2,891 including interest at 5.79% through 3ctober 2014 145,682 Term loan payab in monthly installments of $46,000 plus interest at 7.6% through April 20 on May 1, 2012 the remaining unpaid principal balance becomes due and �2; payable; interest only will be paid in the months of March and April i 1,058,000 Capital lease pa ble in monthly installments of $2,159 including interest through February 011 42,345 Capital lease payable in monthly installments of $9,092 including interest at 3.28% through Y pril 2014; interest only will be paid in the months of February and Mar h 370,721 j Subtotals --loans payable to Alliance $1,945,825 Equipment obligal ions payable to banks and financing companies; due in monthly installmej its through September 2014 with various rates of interest; collateralized by c ` struction and office equipment 863,258 2,809,083 Less current matur Mies (915,000) $1,894,083 -10- NOTES TO FINANCIAL STATEMENTS --Continued HI-LITE MARKINGS, INC. December 31, 2009 NOTE E--FINANCING ARRANGEMENTS --Continued The Company also has a $2,800,000 revolving credit facility which bears! plus 3% (3.23% at December 31, 2009). Borrowings totaling $1,700,000! December 31, 2009. The facility expires on May 31, 2010. Substantially all the assets of the Company are pledged as collateral for the also guaranteed by the Company's stockholders. Subsequent maturities of long-term debt for the years ending December 31 2012--$500,997; 2013--$253,648; and 2014--$245,895. NOTE F--DEFERRED COMPENSATION st LIBOR rate outstanding at The loans are 2011--$893,543; The Company has a nonqualified, unfunded deferred compensation plan for , o key officers. In accordance with the provisions of the plan, the Company has recorded a lia ility of V80,000 as of December 31, 2009. 1 NOTE G--RETIREMENT, HEALTH AND WELFARE PLANS Hi-Lite Markings, Inc. employees who work on public contracts are subject laws. The Company remits prevailing fringe supplements directly to the weekly paychecks. Health insurance benefits are available under the Compai plan. The Company also has a 401(k) plan which provides retirement, di employment termination benefits for eligible employees and their beneficiar granted an option to defer receipt of a portion of their compensation and portion to a trust for credit to their individual accounts within maximum limi law. The Company may also make discretionary contributions to the plan. contributions of $61,176 to the 401(k) plan in 2009. to prevailing wage :mployees in their is group insurance ability, death and .s. Employees are to contribute such s prescribed by tax he Company made NOTES TO FINANCIAL STATEMENTS --Continued HI-LITE MARKIN43S, INC. December 31, 2009 NOTE H--RELATED PARTY TRANSACTIONS The Company lease office and warehouse space from Hi-Lite Development Corporation and Hi- Lite Properties, LL on a year-to-year basis. Rent expense charged to operations totaled $150,000 in 2009. The Company purcllOed materials from PRI LP for the year ended December 31, 2009 totaling approximately $500 00. In July 2009, Hi -Lit Canada, ULC obtained a revolving credit facility from a Canadian bank. Under the terms of i he credit agreement, the Company agreed to postpone collection of certain amounts owed tote Company by Hi-Lite Canada, ULC. Therefore, the due from affiliate balance of $352,698 which represents funds owed to the Company by Hi-Lite Canada, ULC, has been classified as a rpncurrent asset. At December 31, 20 9, due from affiliates balance of $473,312 represents amounts due from PRI LP, Hi-Lite Properti s, LLC and Hi-Lite Stayseth, SA. Due to affiliates balance of $42,073 at December 31, 2009 presents amounts owed to Hi-Lite Development Corporation and N825213, LLC. NOTE I --STOCK PURCHASE AGREEMENT The Company has a ered into a stock purchase agreement with its stockholders which provides the Company with fi t right of refusal to purchase a stockholder's interest in the event of death, total disability, retir ent, voluntary disposition, resignation, or discharge. The agreed upon purchase price is bas :on the Company's book value. NOTE J--LFASES The Company lease construction equipment under noncancelable operating leases. Future minimum lease paym nts are as follows: 2010--$91,895 and 2011--$45,948. In connection with these leases, rent chai0ed to operations totaled $91,895 for the year ended December 31, 2009. The Company leases arehouse space under a month -to -month lease agreement. Rent is $2,400 per month. s» NOTES TO FINANCIAL STATEMENTS --Continued HI-LITE MARKINGS, INC. December 31, 2009 NOTE K--STATE LIEN LAWS Article 3A of the New York State Lien Law places contractors in the po funds received or receivable in connection with improvements to real prop limits the disbursement of those funds to payment of specific items (general costs). Similar provisions apply in various other states in which the Compai Approximately $630,000 of the Company's current assets and liabilities ai are subject to the provisions of the lien laws. tion of trustee over rty in the State, and ✓ direct construction ✓ conducts business. December 31, 2009 -13- TECHNICAL SPECIFICATIONS FOR THE TAXIWAY "A" PAVEMENT MARKING REHABILITATION AT FLORIDA KEYS MARATHON AIRPORT MONROE COUNTY, FLORIDA PREPARED FOR: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PREPARED BY: URS CORPORATION SOUTHERN April 2, 2010 Note: Per FAA ADO Guidance Letter Number ORL 02-1, changes to these Specifications are indicated by shaded areas TECHNICAL SPECIFICATIONS TAXIWAY "A" PAVEMENT MARKING REHABILITATION TABLE OF CONTENTS Section Standard Title Document Pages P-101 FDOT P-620 FAA Mobilization Runway and Taxiway Painting P-101-1 P-620-1 thru P-620-7 Florida Keys Marathon Airport TC-1 April 2, 2009 Taxiway "A" Pavement Marking Rehabilitation ITEM P-101 MOBILIZATION DESCRIPTION 101-1.1 The work specified in this item shall consist of the preparatory work and operations in mobilizing for beginning work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the Project Site, and for the establishment of temporary offices, building facilities, utilities, safety equipment and first aid supplies, sanitary and other facilities, as required by these Specifications, and State and local laws and regulations. The costs of bonds and any required insurance and other preconstruction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. METHOD OF MEASUREMENT 101-2.1 Measurement of Mobilization for payment shall be the work under this Section completed in accordance with the Plans and these Specifications. BASIS OF PAYMENT 101-3.1 Payment for the work measured as described shall be made at the contract lump sum price for Mobilization which price and payment shall be full compensation for mobilizing for beginning work on the project, furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the work under this Section for the item of Mobilization. Payment shall be made under: Item P-101-3.1 Mobilization -- per lump sum 101-3.2 PARTIAL PAYMENTS. Partial Payments on the contract lump sum price for Mobilization will be made in accordance with the following schedule during the progress of construction on this project. % of Original Contract Amount Earned 5% 10% 25% 50% Allowable % of the Lump Sum Price For Mobilization 25% 50% 75% 100% Partial payments for any project will be limited to ten percent (10%) of the original Contract amount for that project. Any remaining amount will be paid upon completion of all work on the Project. The standard retainage, as herein specified will be applied to these allowances. Partial payments made on this item shall in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. END OF ITEM P-101 Florida Keys Marathon Airport P-101-1 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation ITEM P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of runways and taxiways applied in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. The work shall also include the removal of existing markings on airfield pavement surfaces. MATERIALS 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. 620-2.2 PAINT. Paint shall be waterborne in accordance with the requirements of paragraph 620-2.2a. Paint shall be furnished in White-37925, Yellow-33538 or 33655 and Pink (1 part Red- 31136 to 2 parts White-37925) in accordance with Federal Standard No. 595. Paint shall be furnished in Type II — Fast drying time for no -pick-up when tested in accordance with ASTM D 711. a. WATERBORNE. Paint shall meet the requirements of Federal Specification TT-P- 1952D, Type I or Type II. b. EPDXY. Paint shall be a two component, minimum 99 percent solids type system conforming to the following: (1) Pigments. Component A. Percent by weight. (a) White: Titanium Dioxide, ASTMD 476, type 1I shall be 18 percent minimum (16.5 percent minimum at 100 percent purity). (b) Yellow and Colors: Titanium Dioxide, ASTM D 476, type II shall be 14 to 17 percent. Organic yellow, other colors, and tinting as required to meet color standard. Epoxy resin shall be 75 to 79 percent. (2) Epoxy Content. Component A. The weight per epoxy equivalent, when tested in accordance with ASTM D 1652 shall be the manufacturer's target plus or minus 50. (3) Amine Number. Component B. When tested in accordance with ASTM D 2074 shall be the manufacturer's target plus or minus 50. Florida Keys Marathon Airport P-620-1 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation (4) Prohibited Materials. The manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in 29 CFR 1910.1200. (5) Daylight Directional Reflectance: (a) White: The daylight directional reflectance of the white paint shall not be less than 75 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141, Method 6121. (b) Yellow: The daylight directional reflectance of the yellow paint shall not be less than 38 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141. The x and y values shallbe consistent with the Federal Hegman yellow color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed below: x .462 x .470 x .479 x .501 y .438 y .455 y .428 y .452 (6) Accelerated weathering. (a) Sample preparation. Apply the paint at a wet film thickness of 0.013 inch (0.33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels prepared as described in Federal Test Method Standard No. 141, Method 2013. Air-dry the sample 48 hours under standard conditions. (b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra Violet (UV-B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60 degree C, and 4 hours condensate exposure at 40 degrees C. (c) Evaluation. Remove the samples and condition for 24 hours under standard conditions. Determine the directional reflectance and color match using the procedures in paragraph 620-2.2b(5) above. Evaluate for conformance withthecolor requirements. (7) Volatile Organic Content. Determine the volatile organic content in accordance with 40 CFR Part 60 Appendix A, Method 24. (8) Dry opacity. Use Procedure B, Method B of Method 4121 of Federal Test Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mm). The minimum opacity for white and colors shall be 0.92. (9) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2b(6) to the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05- mm). Five liters of unused sand shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand weighs 17.5 lb. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters of sand for the removal of the paint films. (10) Hardness, Shore. Hardness shall be at least 80 when tested` in accordance with ASTM D 2240. Florida Keys Marathon Airport P-620-2 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation c. METHACRYLATE. Paint shall be a two component, minimum 99 percent solids type system conforming to the following: (1) Pigments. Component A. Percent by weight. (a) White: Titanium Dioxide, ASTM D 476, type II shall be 6 percent minimum. Methacrylate resin shall be 18 percent minimum. (b) Yellow and Colors: Titanium Dioxide, ASTM D 476, type II shall be 6 percent minimum. Organic yellow, other colors, and tinting as required to meet color standard. Methacrylate resin shall be 18 percent minimum. (2) Prohibited Materials. The manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in 29 CFR 1910.1200. (3) Daylight Directional Reflectance: (a) White: The daylight directional reflectance of the white paint shall not be less than 80 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141, Method 6121. (b) Yellow: The daylight directional reflectance of the yellow paint shall not be less than 55 percent (relative to magnesium oxide), when tested > in accordance with Federal Test Method Standard No. 141. The x and y values shall be consistent with the Federal Hegman yellow color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed below: x .462 x .470 x .479 x .501 y .438 y .455 y .428 y .452 (4) Accelerated weathering. (a) Sample preparation. Apply the paint at a wet film thickness of 0.013 inch (0.33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels preparedas described in Method 2013 of Federal Test Method Standard No. 141. Air dry the sample 48 hours under standard conditions. (b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra Violet (UV-B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60 degree C, and 4 hours condensate exposure at 40 degrees C. (c) Evaluation. Remove the samples and condition for 24 hours under standard conditions. Determine the directional reflectance and color match using the procedures in paragraph 620-2.2c(3) above. Evaluate for conformance with the color requirements. Florida Keys Marathon Airport P-620-3 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation (5) Volatile Organic Content. Determine the volatile organic content in accordance with 40 CFR Part 60 Appendix A, Method 24. (6) Dry opacity. Use Procedure B, Method B of Method 4121 of Federal Test Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mm). The minimum opacity for white and colors shall be 0.92. (7) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2c(4) to the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05 mm). Five liters of unused sand shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand weighs 17.5 lb. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters of sand for the removal of the paint films. (8) Hardness, Shore. Hardness shall be at least 80 when tested in accordance with ASTM D 2240. d. SOLVENT BASE. Paint shall meet the requirements of Federal Specification A-A- 2886A Type I or Type II. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Fed. Spec. TT-B- 1325D, Type III. Glass beads shall be treated with adhesion promoting and/or flotation coatings as specified by the manufacturer of the paint. CONSTRUCTION METHODS 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45 F (7 degrees C) and rising and the pavement surface temperature is at least 5 degrees F (2.7 degrees C) above the dew point. 620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead and/or silica sand dispensing machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. Paint shall not be applied to Portland cement concrete pavement until the areas to be painted are clean of curing material. Sandblasting or high-pressure water shall be used to remove curing materials from concrete surfaces. 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint application. The location of markings to receive glass beads shall be shown on the plans. Florida Keys Marathon Airport P-620-4 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation 620-3.5 APPLICATION. Markings shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by the Engineer. The edges of the markings shallnot vary from a straight line more than '/2 inch (12 mm) in 50 feet (15 m) and marking dimensions and spacings shall be within the following tolerances: Dimension and Spacing Tolerance 36 inches (910 mm) or less +/-''/2 inch (12 mm) Greater than 36 inches to 6 feet (910 mm to 1.85 m) +/- 1 inch (25 mm) Greater than 6 feet to 60 feet (1.85 in to 18.3 m) +/- 2 inches (51mm) Greater 60 feet (18.3m) +/- 3 inches (76 mm) The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate(s) shown in Table 1. The addition of thinner will not be permitted. A period of not less than 24 hours shall elapse between placement of a bituminous surface course or seal coat and application of the paint. TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS, AND SILICA SAND Paint Glass Beads, Type Glass Beads Glass Beads, Type IV Pounds Square feet per I Gradation A Type III Pounds per gallon of Z gallon, ft /gal Pounds per gallon per gallon of paint paint - lb./gal. Paint Type (Square meters of paint - lb./gal. - lb./gal. (Kilograms per per liter, m2/1) (Kilograms per (Kilograms per liter of paint - liter of paint - kg/1) liter of paint - kg/l kg/1 Waterborne 115 ft /gal. 7 lb./gal. 12 lb./gal. maximum minimum minimum -- (2.8 mZ/1) (1.45.k ---- - - - 115 ft2/gal. 7 lb./gal. 12 lb./gal. Solvent Base maximum minimum minimum - - - - -- - (2.8 mZ/1� kg/1) --- 1.45 k 1 15 lb./gal. 24 lb./gal. 16 lb./gal. 90 ftz/gal. Epoxy maximum minimum minimum minimum (1.9 kg/1) (2.2 m2/1) (1.8 kg/1) (2.9 kg/1) 45 W/gal. 15 lb./gal. 24 lb./gal. 16 lb./gal. Methacrylate maximum minimum minimum minimum (1.9 kg/1) (1.1 m2/1) (1.8 kg/1) (2.9 kg/1) Glass beads shall be distributed upon the marked areas at, the locations shown on the plans to receive glass beads immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable forr dispensing glass beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall not be applied to black paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. Florida Keys Marathon Airport P-620-5 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. 620-3.7 REMOVAL OF EXISTING MARKINGS. Existing markings shall be removed by water blasting or grinding. In order to avoid damaging the pavements during the water blasting operations, the Contractor shall only utilize a water pressure that is sufficient to remove the pavement markings. In the event that the pavement is damaged by the water blasting operations, the Contractor shall reduce the water pressure, or shall utilize other approved methods to remove the pavement markings. Do not use chemical paint remover. METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the Engineer. 6204.2 Measurement of removal of existing markings for payment shall be the number of square feet removed, as shown on the Plans or as directed by the Architect/Engineer, performed in accordance with the specifications and accepted by the Architect/Engineer. No measurement for payment will be made for the removal of temporary pavement markings, or the removal of striping tape. BASIS OF PAYMENT 620-5.1 Payment shall be made at the contract unit price per square foot for runway and taxiway painting, reflective media and removal of existing markings. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-5.1a Final Marking (yellow or white with Reflective Beads Type III, at 100% application rate)....... per square foot Item P-620-5.1b Outline Black Paint (no reflective beads) ......... per square foot TESTING REQUIREMENTS ASTM D 1213-54 (1975) Test Method for Crushing Resistance of Glass Spheres ASTM C 371 ASTM D 92 Wire -Cloth Sieve Analysis ofNonplastic Ceramic Powders Test Method for Flash and Fire Points by Cleveland Open Cup Florida Keys Marathon Airport P-620-6 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation ASTM D 711 Y No -Pick -Up Time of Traffic Paint ASTM D 968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D 1652 Test Method for Epoxy Content of Epoxy Resins ASTM D 2074 Test Method for Total Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D 2240 Test Method for Rubber Products-Durometer Hardness ASTM G 53 Operating Light and Water -Exposure Apparatus (Florescent UV -Condensation Type) for Exposure of Nonmetallic Materials. Federal Test Method Paint, Varnish, Lacquer and Related Materials; Methods of Inspection, Standard No. 141 Sampling and Testing MATERIAL REQUIREMENTS ASTM D 476 Specifications for Titanium Dioxide Pigments Code of Federal 40 CFR Part 60, Appendix A Regulations 29 CFR Part 1910.1200 Fed. Spec. TT-B-1325D Beads (Glass Spheres) Retroreflective AASHTO M 247 Glass Beads Used in Traffic Paints Fed. Spec. TT-P-110 Paint, Traffic Black (Non-reflectorized) Fed. Spec. TT-P-1952D Paint, traffic and Airfield Marking, Waterborne Federal Standard 595 Colors used in Government Procurement END OF ITEM P-620 Florida Keys Marathon Airport P-620-7 April 2, 2010 Taxiway "A" Pavement Marking Rehabilitation - - rnu � mf+►rsni ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 04/01 /09 PRODUCER Cool Insuring Agency Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 784 Troy Schenectady Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Latham, NY 12110 518 783-2665 INSURERS AFFORDING COVERAGE NAIC # INSURED Markings, Inc. INSURER A: Travelers Indemnity Co 25658 INSURER B: CastlePoint Insurance Company 124Hi-Lite 8249 Hi -Cite Dr. INSURER c: Travelers Indemnity Co of Connecticu 25682 Adams Center, NY 13606 INSURER D: First Rehab Ins Co of America 81434 rnv�o w �rc INSURER E: Travelers Property Cas Co of America 25674 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY DTC0656X58331ND08 09/01/08 09/01/09 EACH OCCURRENCE $1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES (Fa occurrence) $300 QQQ CLAIMS MADE 51OCCUR MED EXP (Any one person) $5 QQQ X PD Ded:2,500 PERSONAL & ADV INJURY $1 QQQ QQQ GENERAL AGGREGATE $2 QQQ QQQ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO - PRODUCTS -COMP/OP AGG $2 QQQ OOQ JE;CT LOC E AUTOMOBILE LIABILITY DT8810656X5833TIL0 09/01/08 09/01/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 X ALL OWNED AUTOS X SCHEDULED AUTOS � (Per person) BODILY INJURY $ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS C (Per accident) X Drive Other Car PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY CXG2800477 09/01/08 09/01/09 EACH OCCURRENCE $9 QQQ QQQ X1 OCCUR CJ CLAIMS MADE AGGREGATE $9 QQQ QQQ RDEDUCTIBLE $ X RETENTION :$ 10000 C WORKERS COMPENSATION AND DTEUB188OB90308 09/01/08 09/01/09 X I WC sTATU OTH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $1 00O QQQ OFFICERIMEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $1 000 000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1 000 000 D OTHER Disability D81292 04/01/08 Continuous NY Statutory A Inland Marine OT6605829C346COF08 09/01/08 09/01/09 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: (HLM#59-2246); Runway 7-25 Pavement Marking, Florida Keys Marathon Airport Monroe County (Owner) including their agents, officers and employees are named as additional insured on all coverages except workers compensation. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County Purchasing DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 30 DAYS WRITTEN Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1100 Simonton Street Suite 1-213 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Key West, Ft_ 33040 REPRESENTATIVES. AUTHORIZED REPRESENTATIVES ACORD 25 (2001/08) 1 of 3c #S275379/M264818 EXI ©ACORD CORPORATION 1988 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8 31 2010 PRODUCER Phone: 315-451-1500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haylor, Freyer & Coon, Inc. 231 Salina Meadows Parkway P.O. Box 4743 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Syracuse NY 13221-4743 INSURERS AFFORDING COVERAGE NAIC# INSURED Hi-Lite Markings Inc 18249 Hi-Lite Drive INSURERA:National Fire Ins Co of Hartfo7000 INSURERB:Valley Forge Insurance Com1pan 7000 INSURERc:National Union Fire Ins Co of 19445 Adams Center NY 13606 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR ADD*L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 4014338431 9/1/2010 9/1/2011 EACHOCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE i-I OCCUR PREMENTE PREMDAMAGE TO R ISES Ea occurence $ 3 0 0 0 0 0 MED EXP(Any one person) $ 10 000 PERSONAL &ADV INJURY $ 1 000 000 X SS, OOO Property Damage Ded. GENERALAGGREGATE $ 2 000 000 GEN'L AGGREGATE LI MIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 2 000 000 POLICY X PRO X LOC B AUTOMOBILE X LIABILITY ANY AUTO 4016505674 9/1/2010 9/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS <'--`��v X BODILY INJURY (Per accident) $ HIREDAUTOS NON-OWNEDAUTOS ��/\��V�{�j �} l X ' LLL!!! L X PROPERTYDAMAGE ( Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTOONLY: AGG C EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMS MADE BE011162533 9/1/2010 9/1/2011 EACHOCCURRENCE $ 25 000 000 AGGREGATE $ 2 5 0 0 0 0 0 0 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4016505660 9/1/2010 9/1/2011 X ORY LIMITS OWC STATU- R E.L. EACH ACCIDENT $ 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1 0 0 0 0 0 0 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1 0 0 0 0 0 0 SPECIAL PROVISIONS below A OTHER Blanket Installation Floater 4014338431 9/1/2010 9/1/2011 Special Form $100,000 Limit $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: (HLM#50-2619); Taxiway "A" Pavement Marking Rehabilitation at Florida Keys Marathon Airport onroe County Board of County Commissioners and all other parties as required by written contract are included as additional insured on a primary non-contributory basis with respect to work performed by or on behalf of the named insured. Waiver of subrogation in favor of the certificate holder as required by written contract. LL,K 11VM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Monroe County Board of County Commissioners WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 1100 Simonton Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2nd Floor, Suite 2-213 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Key West FL 33040 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , r """"" —1"" — 1 OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/081 ACORD„r CERTIFICATE OF LIABILITY INSURANCE DATE (MUMD/YYYY) 8 24 2010 PRODUCER Phone: 315-451-1500 Haylor, Freyer & Coon, Inc. 231 Salina Meadows Parkway THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4743 Syracuse NY 13221-4743 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: National Fire Ins Co of Hartfo 000 Hi-Lite Markings Inc 18249 Hi-Lite Drive Adams Center NY 13606 INSURERB:Valley Forge Insurance Com an 7000 INSURER c: National Union Fire Ins Co of INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L TYPEOFINSURANC POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 4014338431 9/1/2009 9/l/2010 EACHOCCURRENCE $ 1 000 000 -DAMAGE TO HEN I t:LJ PREMISES Eaoocurence $300 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE IX-1 OCCUR MED EXP (Any one person) $ 10 000 PERSONAL& ADV INJURY $ 1 000 000 X $5, 000 Property Damage Ded . GENERAL AGGREGATE $ 2 0 0 O 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY ]{ PRO- X LOC B AUTOMOBILE LIABILITY ANY AUTO 4016505674 9/1/2009 9/l/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON-OWNEDAUTOS X PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTOONLY: AGG C EXCESS/UMBRELLALIABILITY X I OCCUR CLAIMSMADE BE044158105 9/l/2009 9/1/2010 EACH OCCURRENCE $ 25 00O 000 _ AGGREGATE $ 25 000 000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4016505660 9/1/2009 9/1/2010 WCYTATIT- OTH- X I ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 00O 000 E.L. DISEASE - EA EMPLOYEE $ 1 00O 000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 A OTHER Blanket Installation Floater 4014338431 9/l/2009 9/1/2010 Special Form $100,000 Limit $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: (HLM#50-2619); Taxiway "A" Pavement Marking Rehabilitation at Florida Keys Marathon Airport Monroe County Board of County Commissioners and all other parties required by written contract are included as additional insured on a primary non-contributory basis with respect to work performed by or on behalf of the named insured. Waiver of subrogation in favor of the certificate holder as required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Monroe County Board of County Commissioners WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 1100 Simonton Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2nd Floor, Suite 2-213 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Key West FL 33040 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AL;UKU Z5 (ZUUT/Ut$) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) cam► G-140331-B (Ed. 1 /09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Oraanizations (As required by written contract/agreement per Paragraph A. below.) Location(s) of Covered Operations (As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to c. "Your work" that is included in the "products - include as an additional insured any person(s) or completed operations hazard" and organization(s), including any person or organization performed for the additional insured, but shown in the Schedule above, whom you are only if this Coverage Part provides such required to add as an additional insured on this Coverage Part under a written contract or written coverage, and only if the written contract or agreement, provided: written agreement requires you to provide a. The written contract or written agreement was the additional insured such coverage. executed prior to: 2. However, we will not provide the additional 1. The "bodily injury" or "property damage"; or insured any broader coverage or any higher limit 2. The offense that caused the "personal and of insurance than the least of those: advertising injury" a. Required by the written contract or written for which the additional insured seeks coverage agreement; under this Coverage Part; and b. Described in B.1. above; or b. The written contract or written agreement c. Afforded to you under this policy. pertains to your ongoing operations or "your 3. This insurance is excess of all other insurance work" for the additional insured(s). available to the additional insured, whether B. The insurance provided to the additional insured is primary, excess, contingent or on any other limited as follows: basis, unless the written contract or agreement 1. The person or organization is an additional requires this insurance to be primary. In that insured only with respect to liability for "bodily event, this insurance will be primary relative to injury", "property damage", or "personal and insurance which covers the additional insured advertising injury" caused in whole or in part by: as a named insured. We will not require a. Your acts or omissions; or contribution from such insurance if the written b. The acts or omissions of those acting on contract or written agreement also requires that your behalf this insurance be non-contributory. But with in the performance of your ongoing operations respect to all other insurance under which the additional insured qualifies as an insured or for the additional insured(s) or additional insured, this insurance will be excess. G-140331-B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 01 /09) ate► 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: G-140331-B (Ed. 1 /09) An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. G-140331-B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 01 /09)