12/22/1993or�inz
MARATHON AIRPORT
AND
KEY WEST
INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
AIRFIELD
FOR
INSTALL
SECURITY
AND
GATES
FENCING
FAA AIP Project No. 3-12-0044-11
FAA AIP Project No. 3-12-0037-08
FDOT WPI Project No. 6826754
Greiner Contract No. C2520.24
Prepared for the
Monroe County
Board of County Commissioners
GREINER, INC.
AUGUST, 1993
Fe. l c e P& 3 T,6 A-s
CONTRACT DOCUMENTS
INSTALL AIRFIELD SECURITY FENCING AND GATES -
AT MARATHON AIRPORT & KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
FAA A.I.P. PROJECT NO.3-12-0044-11
(MARATHON AIRPORT)
FAA A.I.P. PROJECT NO. 3-12-0037-08
(KEY WEST INTERNATIONAL AIRPORT)
FDOT W.P.I. NO. 6826754
GREINER JOB NO. C2520.24
:2
PREPARED FOR c
THE MONROE COUNTY BOARD OF COMMISSIC�ERS
c
MR. JACK LONDON, DISTRICT 2 MAYOIF
'
MR. A. EARL CHEAL, DISTRICT 4 MAYOR PRO TEd r
MS. WILHELMINA HARVEY, DISTRICT 1 MEMBER
MS. SHIRLEY FREEMAN, DISTRICT 3 MEMRER :
w
MS. MARY K. REICH, DISTRICTS MEMBER
BY
GREINER, INC.
AUGUST, 1"3
TABLE OF CONTENTS
Division 1 Bid Documents
Division 2 Contract
Division 3 General Provisions
Special Provisions
Technical Specifications
DIVISION I
BID DOCUMENT'S
SECTION A - INVITATION FOR BIDS ........................... I-2
SECTION B - INSTRUCTIONS TO BIDDERS ......................I-4
SECTION C - Proposal.......................................I-13
SECTION D - Bid Bond.......................................I-17
SECTION E - Certification of Nonsegregated Facilities ............... I-19
SECTION F - Disadvantaged Business Enterprise Program ............ I-20
SECTION G - Disclosure of Lobby Activities ....................... I-22
SECTION H - Acknowledgement of Receipt of Addendum ............. I-21
SECTION I - General Wage Decision.............................I-22
SECTION J - Bidders Affidavit in Compliance
with the Florida Trench Safety Act ....................I-23
SECTION K - Sworn Statement Pursuant to Section 287,133(3)(a)
Florida Statutes, on Public Entity Crimes ...............I-25
SECTION L - Sworn Statement under Ordinance 10-1990 .............I-28
I-1
SECTION A
INVITATION FOR BIDS
Sealed bids will be received by the Monroe County Board of Commissioners, until
10:00 a.m. Local Time, September 7, 1993 for the furnishing of all labor and materials and
performing all work for constructing the following contract:
Install Airfield Security Fencing and Gates
Marathon Airport and Key West International Airport
At the specified time, all bids will be publicly opened and read aloud. The opening
will be held at the Office of the Director of Purchasing, 5100 College Road, Public Service
Building, Cross Wing, Room 002, Key West, Florida 33040.
The major items of work for the contracts will be as follows:
Removal of existing chain link fence and gates, furnishing and installation of new
new 6' chain link security fence Class "E" with 3 strands of barbed wire, card readers,
tele entry units, swing gates, electrically operated slide gates, and the associated
electrical work to power these faciliites.
A Disadvantaged Business Enterprise (DBE) goal ofIM participation has been established
for the Contract.
I-2
Copies of the bidding documents (Contract Documents) may be obtained from
Greiner, Inc. 5805 NW 11th Street, Suite 340, Miami, Florida 33126-2034, Tel. 305-262-
7466, upon payment of a charge of $50.00 to Greiner, Inc., which will not be refunded. No
plans and specifications will be issued to contractors later than twenty-four (24) hours prior
to the time indicated above for receiving bids. No partial sets of plans will be issued.
Bids must be submitted upon the forms contained in the Contract documents.
Guarantee will be required with each bid as follows: At least 5% of the amount of the bid,
but in no event more than ten thousand dollars, ($10,000.00) shall be filed in the form of
a certified check or bid bond payable to the Monroe County Board of Commissioners.
Contract bond will be required as follows: 100% of the contract price. Labor and
Materials Bond will be required as follows: 100% of the contract price.
The Contractor will be required to pay all workers on this project the prevailing scale
of wages contained in the Contract Documents.
Certification of Nonsegregated Facilities and Equal Opportunity Report Statements
must be signed as included in the bid proposal. Failure to complete these forms may be
grounds for rejecting bids.
Disadvantaged Business involvement data and certification of compliance must be
included with each bid.
No bids will be considered unless the bidder is properly qualified to submit a
proposal for this construction in accordance with all applicable laws of the State of Florida.
This shall include evidence of possession of a current license from the State Licensing Board
for General Contractors, Tallahassee, Florida. Non-residents of the State, if a corporation,
shall show evidence of qualification by the Secretary of State to do business in Florida.
No bid shall be withdrawn for a period of ninety (90) days subsequent to the opening
of bids without the consent of the Owner.
The right is reserved to reject any or all bids and to waive informalities in the
bidding.
I-3
SECTION B
INSTRUCTIONS TO BIDDERS
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 (5) percent of the total amount of bid submitted, but not
more than $ 10,000, shall accompany each proposal. The bid bond shall be made
payable to Monroe County Board of County Commissioners.
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
r►. 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.
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, Greiner, Inc., 5805 N.W. 11th Street, Suite 340, Miami, Florida,
33126-2034, a written request for an interpretation of the proposed documents. Such
interpretations will be made only by Addenda and a copy of each Addenda will be
mailed or delivered to each bidder receiving a set of such Contract Documents.
Requests for interpretation will be accepted up to seven (7) days prior to the bid due
date.
Any Addenda issued during the preparation of bids shall be included in the Proposal,
and shall become a part of the Contract Documents. Subcontractor's attention must
be called to these changes as well as to the effect Addenda may have on their work.
I-4
5. PREPARATION OF PROPOSAL:
Proposals shall be submitted on the Proposal Form contained in these Contract
Documents. Each blank space in the Proposal Form shall be filled in correctly, and
the Bidder shall state the price for which he proposes to do the work, written in ink.
The Bidder will be responsible for all errors or omissions in his Proposal. Each
Bidder shall sign his Proposal correctly in ink. If the Bidder is an individual, his
name and post office address must be shown; if a firm or partnership, the name and
post office address of each member of the firm or partnership must be shown; if a
corporation, the Proposal must designate the state under the laws of which the
corporation is chartered, the names, titles and business addresses of its officers, and
the one signing the Proposal as agent of the firm or corporation must furnish legal
evidence that he has authority to such signature and that such signature is binding
upon the firm or corporation.
On the proposal form the bidder shall enter in figures a unit price and 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 figure shall be shown in both the unit price
and extension 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 interlineation, erasure of
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 shall govern. The sum of the correct extension
amounts will be the contract bid price.
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 proposed form permits a choice between alternate specified types of
materials, the bidder shall indicate by a check mark the type of material he proposes to
use. If more than one type or none is checked, the Owner will make the selection.
I-5
Where alternate designs are provided for which bids are called for on each alternate, the
(aw bidder shall furnish bid prices for each of the alternates. Failure to do this may be
grounds for rejection of the proposal.
7. RETECTION OF PROPOSALS:
Proposals may be rejected if they show any alteration of form, additions not called for,
conditional or alternate bid, incomplete 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 PRTCE:
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. PREOUALWICATTON OF BIDDERS:
No proposal will be considered from any contractor unless he is licensed to do work in
the State of Florida, and is properly qualified to submit a proposal for this construction
in accordance with all applicable laws of the State of Florida.
10. AWARD OF CONTRACT:
The award of the contract, if it be awarded, will be made by the Owner to the lowest
responsible bidder whose proposal meets the requirements thereof. The award, if made,
will be made within ninety (90) days after opening of 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.
All bid bonds except those of the two lowest qualified bidders will be returned promptly
after the tabulation of the bids has been made, and in no case will a bid bond be held
longer than ninety (90) days without the bidder's written consent.
12. EXECUTION OF CONTRACT:
The successful bidder will be required to execute the .Contract and furnish bond within
ten (10) days of date of notice to award. In the case of a corporatiop, the officer or
agent to execute the Contract must be designated in a power of attorney executed by the
I-6
Board of Directors and duly certified by the Secretary, and bearing the seal of the
(awl 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.
Should the successful bidder fail or refuse to execute the contract and furnish
satisfactory bond within ten (10) days after notice of award has been issued by the
Owner, the bond filed with the proposal shall become the property of the Owner.
At his option, the Owner may then annul the award and award the contract to the
next lowest responsible bidder, or reject all proposals and readvertise.
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 shall fully complete
performance within 60 working days.
Subsequent to the final acceptance of this project by the Owner, the requirements
of Paragraph 18, Section 50 must be satisfied.
I-7
17. MARKING AND MATLTNG BIDS:
Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed and
marked on the outside as follows:
Office of the Director of Purchasing
5100 College Road
Public Service Building
Cross Wing, Room 002
Key West, Florida 33040
Install Airfield Security Fencing and Gates
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.
19. WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic request received from bidders prior to
the time fixed for opening. Negligence on the part of the Bidder in preparing the bid
confers no right for the withdrawal of the bid after it has been opened.
20. BTDDERS PRESENT:
At the time fixed for the opening of the bids, their contents will be made public for the
information of Bidders and other properly interested parties, who may be present either
in person or by representation.
21. BIDDER INTERESTED IN MORE THAN ONE BTD:
If more than one bid for each contract be 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 or work.
I-8
( I 1 22. ERRORS IN BID:
Bidders or their authorized agents are expected to examine the maps, drawings,
specifications, and all other instructions pertaining to the work, which will be open to
their inspection. Failure to do so will be at the Bidder's own risk, and he cannot secure
relief on the plea of error in the bid. In case of error in the extension of prices, the unit
price will govern.
23. CONTRACT AND BOND:
The Bidder to whom award is made must, when required, enter into written contract on
the standard form as set out herein, with satisfactory security in the amount required,
within the period specified or, if no period be specified, within ten (10) days after the
prescribed forms are presented to him for signature.
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 maybe barred from
submitting bids on the same or other work.
25. SUBLETTING OR ASSIGNING OF CONTRACT:
(a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or
otherwise dispose of any portion of the contract, his right, title or interest therein,
or his power to execute such contract, to any person, firm, or corporation without
written consent of the Owner and such written consent shall not be construed to
relieve the Contractor of any responsibility for the fulfillment of the contract.
Unless otherwise. stipulated in the proposal or special provisions and with the
assistance of workmen under his immediate superintendence and reported on his
payroll, all contract work 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.
I-9
(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 Architect, as in the case of any
employee.
26. 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.
27. PRES MITTALS:
Presubmittal of data on various equipment, if required in the proposal, shall be made by
the Bidder and approval obtained from the Engineer. This approved list shall be the
actual equipment used in the construction of this project if the contract is awarded on the
bid.
28. ,SHOP DRAWINGS:
(W 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 their approval, prior to submittal to the Engineer.
The Engineer's review of shop drawings shall not relieve the Contractor from his
responsibility for any deviations from the requirements of the Contract Documents.
29. FLORIDA TRENCH SAFETY ACT:
In accordance with the provisions of the Florida Trench Safety Act, if applicable, the
Bidder shall indicate in his bid, his cost of compliance with the requirements of the
Florida Trench Safety Act, and shall also complete and properly execute the Bidder's
Affidavit in Compliance with the Provisions of the Florida Trench Safety Act
(Sections 553.60-553.64, Florida Statutes).
I-10
30. BUY AMERICAN:
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Aviation Safety and Capacity Expansion Act of 1990 provides that
preference be given to steel and manufactured products produced in the
United States when funds are expended pursuant to a grant issued under the
Airport Improvement Program. The following terms apply:
1. Steel and manufactured products_ As used in this clause, steel and
manufactured products include steel produced in the United States or
(2) a manufactured product produced in the United States, if the cost
of its components mined, produced or manufactured in the United
States exceeds 60 percent of the cost of all its components and final
assembly has taken place in the United States. Components of foreign
origin of the same class or kind as the products referred to in
subparagraphs (b) (1) or (2) shall be treated as domestic.
2. Co onents. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and
manufactured products.
3. Cost of Components. This means the costs for production of the
components, exclusive of final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and
manufactured products will be used by the Contractor, subcontractors,
materialmen, and suppliers in the performance of this Contract, except those-
(1) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality;
(2) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic
preference would be inconsistent with the public interest; or
(3) that inclusion of domestic material will increase the cost of the overall
project contract by more than 25 percent.
31. CERTIFICATION OF NONSEGREGATED FACILITIES:
The Certification of Nonsegregated Facilities as required by Section 140, shall be
completed and submitted with the bid proposal. This form is provided in Division
I, Proposal, Section F.
32. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM:
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 Document I, Proposal, Section F.)
0�1141.3 W91i14*a3
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 remobilization or renegotiation 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 renegotiation;. (see Document I, General Provisions,
Section 40 for further information.)
NOTE: This project is funded by the AIP program, administered by the FAA and by
the F.D.O.T.
I-12
SECTION C
PROPOSAL
Contract
TO: Monroe County Board of Commissioners
KEY WEST, FLORIDA V, ,
Submitted -
(Date)
(Date)
The undersigned, as Bidder, hereby declares that he has examined the site of the work and
informed himself fully in regard to all conditions pertaining to the place where the work is to
be done; that he has examined the plans and specifications for the work and contractual
documents relative thereto, and has read all Special Provisions & Specifications furnished; and
that he has satisfied himself relative to the work to be performed.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe
County Board of Commissioners, in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation and labor
necessary to and to complete the construction of:
Install Airfield Security Fencing and Gates
at Marathon Airport and Key West International Airport
in full and complete accordance with the shown, noted, described and reasonably intended
requirements of the plans, specifications and contract documents to the full and entire satisfaction
of the Monroe County Board of Commissioners, with a definite understanding that no money
will.be allowed for extra work except as set forth in the. attached Contract Documents, for the
unit prices listed opposite each item..
It is agreed that the description under each item, being briefly stated, implies, although it does
not mention, all incidentals and that the prices stated are intended to cover all such work,
materials and incidentals as constitute Bidder's obligations as described in the specifications and
any details not specifically mentioned, but evidently included in the contract shall be
corn*sated for in the item Which most logically includes it.
The quantities for bid items listed on the Proposal sheets are estimated quantities only for
the purpose of comparing bids.' Any difference between these estimated quantities and
actual quantities required for construction will not be allowed as a basis for claims by the
Contractor for extra compensation. Compensation will be based on the unit prices and
actual construction quantities, and may be modified as stipulated by Sections 20-05 and 90-
03 of the General Provisions.
I-13
The bidder further proposes and agrees hereby to commence the work with an adequate force,
plant and equipment at the time stated in the notice to the Contractor from the Owner to
proceed, and fully complete performance within the time period stated in the Instructions to
Bidders from and after the date stated in the Notice to Proceed.
The undersigned further agrees that, in case of failure on his part to execute the said Contract
and the bond within ten (10) consecutive calendar days after written notice being given of the
award of the contract, the check or bid bond in the amount as specified herein accompanying
this bid, and the monies payable thereon, shall be paid into the funds of the Monroe County
Board of Commissioners, as liquidated damages for such failure; otherwise, the check or bid
bond accompanying this proposal shall be returned to the undersigned.
Attached hereto is a certified check on the
Bank of
or a bid bond for the sum of _ e- rwa /i'fiA)Shr,46 /7yC 1A-W/04-J if/rtJ-b
00
Go Dollars ($ �� � � 1
made payable to the .
(CONTRACTOR'S ADDRESS)
12,�
(CONTRACTOR'S LICENSE NO.)
TITLE: S. Y& ERNST, EIRESIQEN1
I-14
14 L
M
Airport:
Project:
Schedule of Bid Items
Marathon Airport
FAA Project No. 3-12-0044-11
instan Airneig s*jecu ly irencing
and saiga
w ri irroj ecE No. 682.6 54
No.
...... .. .....
Item '
DescriptionItem
'Est.
Unit
Unit'Price
Amount:
P-101-2.1
Mobilization
1
LS
$ =j L�Z/ 0
S SS00
F-162-5.1
6' Galvanized Type "E"
Chain Link Fence with 3
Strands of Barbed Wire,
Top Rail and Bottom
Tension Wire
815
LF
S /6, 00
$ /32k
F-162-5.2
12' Aluminum Cantilever
Slide Gate with Card
Reader, Control Unit,
Sensor Loops Opener
Unit, Bollards and All
Other Related Work and
Equipment, Complete In -
Place
1
EA
S /�000
$ 1�00
F-162-5.3
14' Aluminum Cantilever
Slide Gate with Card
Reader, Control Unit,
Sensor Loops Opener
Unit, Bollards and All
Other Related Work and
Equipment, Complete In -
Place
1
EA
S /0, 2ev
$10,2oo
F-162-5.4
16' Aluminum Cantilever
Slide Gate with Card
Reader, Control Unit,
Sensor Loops Opener
Unit, Bollards, and All
Other Related Work and
Equipment, Complete In -
Place
1
EA
e
S/ 2oo
$ Lo
F-162-5.5
3' Aluminum Pedestrian
Gate with Electric Strike,
Card Reader and
Telephone Entry Unit,
Complete In -Place
2
1, EA
1 $ 77,0
$ K,_/ 00
I-14a
c
Airport:
fr—
Marathon AirWrt
Schedule of Bid Items
(continued)
Total Bid Amount for Marathon Airport (in Numbers) $ 7-46
S Xn wN E-7-ffQ(,6 ,-)D TIV O N vim' le EJ �2 7z1 L) 4L Ibq S
in words)
r,
I-14b
Schedule of Bid Items
Airport:
Project:
Key West Airport
Install Airfield Securily Fencing and Gates
FAA Project No. 3-12-0037-08
Ytem No:
Item Description
`Est.`Qty .
Unit .
Unit Price'
Amount'
P-101-2.1
Mobilization
1
LS
$
$
F-162-5.1
6' Galvanized Type "E"
Chain Link Fence with 3
Strands of Barbed Wire,
Top Rail and Bottom
Tension Wire
63
LF
$ ,23 t2o
$ ly
F-162-5.4
16' Aluminum Cantilever
Slide Gate with Card
Reader, Control Unit,
Sensor Loops, Opener Unit,
Bollards and All Other
Related Work and
Equipment, Complete In-
Place
1
EA
$ j 0a)
g// Loth
Total Bid Amount
for KeyWest ort
�P
<' �'
(in Numbers) $ 3 f. CSC)
7Y/Rmz54
in woras
-Bid Summary -
Total Bid Amounf for Marathon Airport
Total Bid Amount for Key West Airport
TOTAL BID AMOUNT
I-14c
SECTION D
BTD BOND
ntract
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the
State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the
Monroe County Board of Commissioners as Obligee, hereinafter called the Obligee, in the sum
of Dollars ($ ) for the
payment of which sum well and truly to be made, the .said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Install Airfield Security Fencing and Gates
at Marathon Airport and Key West International Airport
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall
enter into a contract with the Obligee in accordance with the terms of such bid, and give such
bond or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment of
labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in said bid
and such larger amount for which the Obligee may in good faith contract with another party to
perform the Work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
I-15
(W PROVIDED, further, that if the Principal shall submit the apparent lowest bid acceptable to the
Obligee, but shall fail to meet DBE goals as set forth in the bid specifications, then principal
shall, upon request of the Obligee, submit to Obligee -such additional evidence of Principal's
good faith efforts to meet such goals in the manner and within the time required in such
specifications. Failure to supply such information as required shall result in a forfeiture of this
bid bond in the same manner and to the same degree as though Obligee had accepted Principal's
bid and Principal had thereafter failed or refused to enter into the contract with Obligee as set
forth in the immediately preceding paragraph.
Signed and sealed this day of , 199_.
(Principal) (Seal)
(Witness)
(Witness)
Countersigned by:
(Title)
(Surety) (Seal)
(Title)
All bonds must be signed by an Florida resident agent with a legal street address; Post Office
Boxes are not acceptable. Bid will not be considered unless the Bid Bond is signed by both
Principal and Surety.
I-16
SECTION E
CERTIFICATION OF NONSEGREGATED FACILITIES
Contract
(As Required by Division III, Section 140 of the
General Provisions)
The federally assisted construction contractor certifies that he does not maintain or provide, for
his employees, any segregated facilities at any of his establishments and that he does not permit
his employees to perform their services at any location, under his control, where segregated
facilities are maintained. The federally assisted construction contractor certifies that he will not
maintain or provide, for his employees, segregated facilities at any of his establishments and that
he will not permit his employees to perform their services at any location, under his control,
where segregated facilities are maintained. The federally assisted construction contractor agrees
that a breach of this certification is a violation of the equal opportunity clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated by
explicit directives or are in fact segregated on the basis of race, color, religion, or national
origin because of habit, local custom, or any other reason. The federally assisted construction
contractor agrees that (except where he has obtained identical certifications from proposed
subcontractors for specific time periods) he will obtain identical certifications from proposed
subcontractors prior to th ward of subcontracts exceeding $10,000 which are not exempt from
the provisions of the a opportunity clause and that he will retain such certifications in his
files.
Signature of Contractor
I-17
Title
& M� ERNS-E PRESIDENT
SECTION F
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
Contract
(As Required by Division III, Section 150 of the
General Provisions)
DBE Subcontractors Dollar Value of
Names/Addresses/Identity* Subcontract Work Item Subcontract Work
C JJ61C-1eW rc `AC e Z42ccAc,
i an1 v ,
&69d2DN 3oS�
GUdNIAyI% O�NF,�i .
Total Dollar Value of Subcontract Work 10, wo
Total Dollar Value of Basic Bid 2(
Total DBE Percent (Round to nearest 1/10 percent) �Z� fie %
*(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged.)
Ml
CONTRACTOR ASSURANCE
The bidder hereby assures that he will meet one of the following as appropriate:
a. The DBE participation goal as established above.
b. The DBE participation percentage as shown in Section 150 which was submitted
as a condition of contract award.
Agreements between bidder/proposer and a DBE in which the DBE promises not to
provide subcontracting quotations to other bidders/proposers are prohibited. The bidder shall
make a good faith effort to replace a DBE subcontract that is unable to perform successfully with
another DBE subcontractor. Substitution must be coordinated and approved by the owner.
The bidder shall establish and maintain records and submit regular reports, as required,
which will identify and assess progress in achieving DBE subcontract goals and other DBE
affirmative action efforts.
The Monroe County Board of Commissioners has on file a Disadvantaged Business Enterprise
Program which may be reviewed and inspected at the following location:
(1) Monroe County Assistant County Administrator
5825 Junior College Road West
Key West, Florida 33040
The Monroe County Board of Commissioners intends to utilize and implement this program in
the awarding of this contract.
This is to certify that I havFe'rewed the plan, bid evaluation procedure, and DBE directory and
will make all reasonable rts to include DBE Contractors as outlined in Section 150.
Bidders Signature
a% Mi FRNST, FR=SiDEhT
Title
D
,1
Notary Public
NOTARY PUBLIC STATE OF Fti,"TDA
N,Y r.CM!41SS1)H EXP. FiEC. 7;1993
Eq hDED Tii?60 CINERAL INS. UrNG_t
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
ontr,ct
Certification of Contracts Grants Loans and Cooverative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of congress in connection with the awarding of any Federal
contract, the malting of any Federal grant, the malting of any Federal loan, the entering
into of any cooperative agreements, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
of Lobby Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Signed
$. 1, ERNST PRESIDENT
Contractor's Authorized Representative
I-20
Dated //
SECTION H
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Addendum No. _ Signature
Addendum No. _ Signature
Addendum No. _ Signature
Addendum No. _ Signature
Addendum No. _ Signature
Addendum No. _ Signature
Addendum No. _ Signature
I-21
Date
Date
Date
Date
Date
Date
Date
SECTION I
FEDERAL WAGE DECISION
I-22
NOTICE TO BIDDERS, WAGE RATE DETERMINATION
The wage rate determination of the secretary of Labor
incorporated in advertized specifications does not include
rates for the requested classifications listed below. The
bidder is responsible for ascertaining the rates payable for
such classification and accomplishing the work. No inference
concerning area practice is drawn from liability for increased
labor cost resulting from the use of such classifications.
(list classifications for which no wage rates are given.)
Electricians
I-22A
General Decision Number EL930052
Superseded General Decision No. FL910052
State: Florida
Construction Type:
Heavy
County(ies):
CHARLOTTE HARDEE MONROE
DE SOTO HENDRY OKEECHOBEE
GLADES HIGHLANDS
HEAVY CONSTRUCTION PROJECTS (including Sewer & Water Line
construction &.Drainage Projects.)
Modification Number Publication Date
0 02/19/1993
FL930052 - 1
I-22B
COUNTY(ias):
CHARLOTTE HARDEE MONROE
DE SOTO HENDRY OKEECHOBEE
GLADES HIGHLANDS
SUFL2011A 01/25/1990
Rates
CARPENTERS 6.50
CONCRETE FINISHERS 6.20
FORM SETTERS 4.69
1AbORERS :
Asphalt Raker
6.00
Pipelayer
6.00
Powderman
11.00
Unskilled
4.66
IRONWORKERS, Reinforcing
6.79
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
6.00
Asphalt Mixer
6.25
Asphalt Paving Machine
G.13
(W Asphalt plant
6.00
Asphalt Screed
5.70
Backhoe
6.15
Bulldozer
5.94
Concrete Batching Plant Scaleman
7.50
Concrete Curb Machine
5.50
Concrete Mixer
5.50
Concrete Paving Machine
6.50
Concrete Pavinq Subgraaer
6.00
Crane
6-AA
Drilling Machine
10.40
Earthmover
5.54
Front End Loadar, Over 1 cu yd
5.65
Grademan
5.75
Gradall
6.46
Mechanic
6.41
Motor Grader.
6.82
oiler, Greaseman
5.03
Pavement Stripping Machine
7.On
Piledriver 7.Padsman
6.25
Piledriver Operator
9.41
Rollers:
Finish
5.65
Self -Propelled Rubber Tire
5.24
Scraper
5.51
Self -Propelled Power Subg. Mixer
5.10
Tractor
4.76
FL930052 - 2
Fringes
I-22C
Tug Boat operator 7.00
TRAFFIC SIGNALIZATION:
Inctaller 6.42
Mechanic 7.20
TRUCK DRIVERS:
Lowboy 6.00
Multi -Rear Axle 4.97
Singlo-Rear Axlo 5.04
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
---------------------------------------------------------------
Unlisted classifications needed for work not included Within tho
scope of the ciassirications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
6.6(a) l(ii)).
END OF GENERAL nFCISION
FL930052 - 3
I-22D
SECTION J
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
STATE OF FLORIDA)
)SS
COUNTY OF MONROE)
BEFORE ME, the undersigned authority, personally appeared
G11. E:y�ivs%
who being duly sworn deposes and says as follows:
That he is the duly authorized representative of
being its
(Owner) (Partner)
FENCE Er '1, STZ-Y' EMC.
(Name of Bidder)
S; W, J:RNST PPMM !DEfF 6
(President or other Corporate Officer)
and as such has full authority to execute this Bidder's Affidavit.
1. The full legal name and business address of the person or entity submitting this bid:
2. By submission of this bid and subsequent execution of this Contract, the undersigned
Bidder certifies that as successful Bidder (Contractor) all trench excavation done
within his control (by his own forces or by his Subcontractors) shall be accomplished
in strict adherence with OSHA trench safety standards contained in 19 C.F.R., s.
1926.650, Subpart P, including all subsequent revisions or updates to these standards
as adopted by the Department of Labor and Employment Security.
I-23
1. The Bidder acknowledges that included in the various items listed in the
Schedule or Prices Bid and in the Total Amount Bid are costs for complying
with the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes).
The Bidder further identifies the costs to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure Quantity Cost Cost
(Description) (14 SY)
A.
B.
C.
D.
To $
Signature of Authorized Representative
(W Title:
%;-W, ERNST PRESIDEt16
� f
Date:
STATE OF:
COUNTY OF: ��i ci & e
The foregoing instrument was acknowledged before me this day of k ynA� 19-C'L� by
who is personally known to me or who has produced
(Sole, Corporation or Partnership)-�
produc identification and who did/did not take an oath.
(Signature of Notary Public, State of Florida at Large)
Lou6o,
(Print name of Notary Public)
27 RY PUELIC STATE Cr FLORIDA
MY CUMMISSIOiJ EXP. DF7C+
My Commission Expires BONDED THBu C UUAL IftiS. UIiD._
I-24
JL a 1L/i v 1'�
SWORN STATEMENT UNDER SECTION 287.133(3)(e)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted with Bid, Props 1 or Contract
No. �Z�-�,n� 2 for vF �avv� Cu��rrcria�of =
2. This sworn statement is- submitted by
(name of entity submitting sworn
whose busi ; 3&eis is
NC.
;,
statement) 3 5 50
N•1t�:M{, FL 3342
- and (if applicable) its
Federal Employer Identification Number • (FEIN) Is
(if the entity has no FEIN, include -the Social Security Number of the
individual signing this sworn. statement:
3. My name is S@ Wg ERNS7T ERLSIDENT and my*
(please print name of individual signing)
relationship to the entity named above is B" ®' NST PRESiDEN C
4. I understand that a "public entity crime". as defined in Paragraph
287.133(1)(g), Florida Statutes, means a violation of any state or federal
law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political
subdivision of any other state or with the United States, including, but
not limitea . to, any bid or contract for goods or services to be provided
to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering,. conspiracy, or material
misrepresentation.
5. I understand that "convicted" or _ "conviction" as defined in Paragraph
287.133(l)(6), Florida Statutes, means a -finding of guilt or a conviction
of a public entity crime, with or without an adjudication of guilt., in any
federal or state trial court. of record relating to -charges brought by
indictment or information after July 11 1989; as a result . of a jury
verdict, nonjury trial, or entry of a plea of guilty or ' nolo contendere .
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a),
Florida Statutes, means: _
1. A predecessor or successor of a person convicted of a public entity
crime: or
I-25
.2. An entity under the control of any ,natural person who is active in
the management of the entity and who has been convicted of a
public entity crime. The term "affiliate" includes those • officers,
directors, executives, partners, shareholders, employees, members,
.and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting.. a controlling
interest in .another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a
joint - venture with a person who has been convicted of a public
entity crime . in Florida during • the preceding 36 months shall be
considered .an affiliate. _
• 7. I ' understand that a "person" as defined in' 'Paragraph -287.133(1) (e),
Florida Statutes means any natural person, or entity organized under the
laws of any state or of the United States with the legal power to enter
into a binding contract and.which bids or applies to bid on contracts for
the provision of • goods or services let by a public entity, or. which
otherwise. transacts or applies to -transact business with a public entity.
The term "person" includes those ' officers, directors, executives,
partners, shareholders, employees, members, and agents who are active
in management of an entity.
8. 'Based on information and belief, the statement which I have. marked
below is true in relation to the entity submitting this sworn statement.
'(Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any
officers directors executivespartners, shareholders employees,
members, or agents who are active in management of the entity, nor any
affiliate of the entity have been charged with and convicted of a public
entity crime subsequent to July 1,. 1989.
The entity submitting this sworn statement, or one or more of the
officers, directors, executives, partners, shareholders, employees,
members, or . agents who are active in management of the entity, or . an
affiliate of the entity has been charged with and • convicted of a public
entity crime subsequent to July 1, 1989, AND (Please indicate which
additional statement_.applies . )
There has been a proceeding concerning the conviction before
a hearing officer of the State of Florida,* Division of Administrative
Hearings. The final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor list. (Please
attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor
list. There has been a subsequent proceeding before a hearing
officer of the State of Florida, Division of Administrative Hearings.
The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the
convicted• vendor list. (Please attach a' copy of the final order.)
I-26
The person or affiliate has not been placed on the convicted
vendor list. (Please* describe any. action taken by or nding with
the Department of General Services.)'.
Signature of Authorized Representative
Title : IM, ERNST PRESIUcw t
.Date:'
STATE OF
COUNTYjtJ�:� �-
The foregoing instrument was, acknowledged before me this o� �� . day of
• f�i erg �. '.. ..
I9 1, by r +(1 of
(Individual, Officer, Partniar or Agent)
(W
r<, Gt Y{ •, who is personally. known to me or who has
(Sole, Corporation or Partnership)
• .produced' as identification and who did/did not take
A
tsignazure os••Notary'public; State of Florida ai-Large)
6 -,
(Print Name.of Notary Public) —
NOTARY PUBLIC STATEE OF FLOR.IDA
• MY CO,,MISSIOY EXP. DEC. 7,1993
My Commission Expires BONDED TNRU GENERAL INS. UhD.
I-27
01:A.11V1\ L
SHORN STATEMENT UNDER ORDINANCE NO. 10-1990
ETHICS CLAUSE
'=C� U), QL
MONROE COUNTY, FLORIDA
warrants that lie/it has not employed,
retained or otherwise had act on his/its behalf any former County officer
or employee in voliation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of Lhis provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price,
otherwise recover, the fell amount of any fee, commission, pe ntage,
gift, or consideration paid to the former County of 7e.or
p loye
..(signature) "
Date:_.
STATE OF 0r ilk,
COUNTY OF cAA e—
i
PERSONALLY APPEARED BEFORE ME, the underaigiied authority,
,a. W. E`r s1 - who, after first being sworn by me
affixed his/twe-r signature (name of individual reigning) in the space
provided above on this r(�, �-{ dAy of ► oVe �qe r
NOTARY PUBLIC
My commission expires:
NOTARY PUBLIC STATE O` FLOitTDAETH'ICS CLAUSE
MY G`-"II`; :CN EXP. DEC. 7,1993
BONDED THRU GENERAL INS. UKDi,
MCP#4 REV. 6/91
I-28
CONTRACT
SECTION A - Labor & Material Bond II-2
SECTION B - Contract Bond II-4
SECTION C - Certificate of Owner's Attorney II-6
SECTION D - Acknowledgement for Change Orders II-7
SECTION E - Contract
SECTION F - Buy American II-11
Zr)� �L . Q34DIo33
SECTION A
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That we ro nee, May- �, --c
' SM. 1 • eta' L _ • • • ,, low
as Surety are held and firmly bound unto the Monroe
County Board of Commissioners (hereinafter called the "Obligee") in the penal sum of
Dollars (S 63,169- co ) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, personal representatives, successors and assigns jointly and severally, firmly by
these presents.
WHEREAS, said Principal has entered into a certain contract with said Obligee, dated _
(hereinafter called the "Contract" for the construction of:
Install Airfield Security Fencing and Gates
at Marathon Airport & Key West International Airport
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said
Principal and all subcontractors to whom any portion of work provided for in said Contract is
sublet and all assignees of said Principal and of such subcontractors shall promptly make
payments to all persons supplying him or them with labor, materials, feed -stuffs or supplies for
or in the prosecution of the work provided for in such contract, or in any amendment or
extension of or additions to said contract, and for the payment of reasonable attorney's fees,
incurred by the claimant or claimants in suits on said bond, then the above obligation shall be
void; otherwise to remain in full force and effect; PROVIDED, however, that this bond is
subject to the following conditions and limitations:
(a) Any person, firm or corporation that has furnished labor, materials, feed -stuffs or
supplies for or in the prosecution of the work provided for in said Contract shall have
a direct right of action against the Principal and Surety on this bond, which right of
action shall be asserted in a proceeding instituted in the county in which the work
provided for in said contract is to be performed, or in any county in which said Principal
or Surety does business. Such right of action shall be asserted in a proceeding instituted
in the name of the claimant or claimants for his or their use and benefit against said
Principal and Surety or either of them (but not later than one year after the final
H-2
settlement of said contract) in which action such claim or claims shall be adjudicated and
judgement rendered thereon. \'
(b) The Principal and Surety hereby designate and appointer
(To be filled in by Surety Company)
as the agent of each of them to receive and accept service of process or other pleading
issued or filed in any proceeding instituted on this bond and thereby consent that such
service shall be the same as personal service on the Principal and/or Surety.
(c) The surety shall not be liable hereunder for damage or compensation recoverable under
any Workmen's Compensation or Employer's Liability Statute.
(d) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or
subject to any suit, action or proceeding thereon this is instituted later than one year after
the final settlement of said contract.
Executed in two (2) counterparts.
SIGNED, SEALED AND DELIVERED This Lil day of J VOyt.M16Lr'�.
rcv—nCo r\ r d.► L'Paui
(SURETY)
TITLE:
I. to ERNST. PRESIDENT
�. WITNESS:
--Zl
R. E. DE CASTRO '
SECRETARY ITREA--HDCa
The date of this bond must not be prior to the date of the contract. The bond must be
signed by an Florida resident agent with a legal street address. Post Office boxes are not
acceptable. Bond must be signed by both Principal and Agent.
lioMl�lor�, Niel•, Matson, F'bt�rt80owlMq.�
5970, !northwest 151 St ST„ #105
�y�1:topad&�33014
II-3
? rc I`lo . QNQ(o33
SECTION B
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS: That we 1�O e-
and
(Hereinafter called the "Principal')
"Surety")
are held and firmly bound unto the Monrog CounV 4oard ommissioners (Hereinafter
caUV the Owner) in the p ty sum of
Dollars ($ li) for the
payme of which we bind ourselves, our heirs, executors, administrators, successors and
assigns for the faithful performance of a certain written contract dated the day of
entered into between the principal and the Monroe County Board of
Commissioners for the construction of:
Install Airfield Security Fencing and Gates
at Marathon Airport & Key West International Airport
a copy of which said contract is incorporated herein by reference and is made a part hereof as
if fully copied herein.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully
perform the.terms and conditions of the contract in all respects on our part, and shall fully pay
all obligations incurred in connection with the performance of such contract on account of labor
and materials used in connection therewith, and all such other obligations of every form, nature
and character, and shall save harmless the Owner from all and any liability of every nature, kind
and character which may be incurred in connection with the performance or fulfillment of such
contract or any other such liability resulting from negligence or otherwise on the part of such
Principal and further shall save harmless the Owner from all cost and damage which may be
suffered by reason of the failure to fully and completely perform said contract and shall fully
reimburse and repay the Owner for all expenditures of every kind, character and description
which may be incurred by the Owner in making good any and every default which may exist on
the part of the Principal in connection with the performance of the contract; and further that the
Principal shall pay all lawful claims of all persons, firms, partnerships, or corporations for all
labor performed and material furnished in connection with the performance of the contract, and
that the failure to do so, shall give all such persons, firms, partnerships, or corporation a direct
right of action against the Principal and surety under this obligation; and provided, however, that
11-4
(W no suit, action or proceedings by reason of any default whatever shall be brought on this bond
after one year from the date on which the final payment on the contract falls due, and provided
further that if any alterations or additions which may be made under the contract, or in the work
to be done under it, or the giving by the Owner of any extension of time for the performance
of the contract or any other forbearance on the part of either the Owner or the Principal shall
not, in any way, release the Principal and Surety, or either of them, their heirs, executors,
administrators, successors, or assigns from their liability hereunder, to the Surety of any such
alterations, extensions or forbearance being expressly waived. This obligation shall remain in
full force and effect until the performance of all covenants, terms and conditions herein
stipulated and after such performance, it shall become null and void.
IN TESTIMONY WHEREOF witness the hands and seal of the parties hereto on this 1::'T�_
day of Kbyem6tr, `A4:"tS
Executed in two (2) counterparts.
Ar-eA-'%Ca-r-% �� �,.
• ••
1,
I. W. ERNST, PRESIDENZ
TITLE• - n- TITLE:
WITNFS k WITNESS:
E. DE CASTRO
NOTE: 4ITIheateof this bond must not be prior to the date of the contract. 1&fi8Pt6&/AJ&URER
be signed by a Florida resident agent with a legal street address; Post Office boxes are not
acceptable. Bond must be signed by both Principal and Surety.
est 151 stST., #10g
Miami Lakes, Flc W3014
7800
II-5
AMERICAN BONDING COMPANY
9392633
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
JODY L YOUNG of MIAMI LAKES, FLORIDA
its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
TWO HUNDRED FIFTY THOUSAND'"""($250,000) DOLLAR
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President
of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in
behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto
by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached."
In Wow= Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 14th Day of October, 1993.
Attest: AMERICAN BONDING COMPANY
`e-lf4 Np By ,
Sig)!
William R. McKenzie, Assistant Vice President 1»iS0 John C. ' h r, Vice President
STATE OF ARIZONA
SS.:
COUNTY OF PIMA
On thisl4thday of October , 1993 , before me personally came John C. Fisher, to me known, who being by me duly sworn, did depose
and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation and that he signed his name thereto by like order.
�.. OFFICIAL SEAL
CHRISTIE TURLEy
NOTARY PUBLIC CHRISTIE PUBLIC
� NOTARY PUBLIC
My Commission Expires My Commission Expires March 10, 1995
March 10, 1995
CERTI
I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,
set forth in the said Power of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 12th
day of November: , 19 93
Florence E. Robert, Assistant Secretary
SECTION C
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned +,�
duly authorized and acting legal representative of the Monroeh—of
the
do hereby certify as follows: County Boar of Commis Toners
I have examined the attached contract and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named hereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof.
(W Date:—
Signature-L�
SECTION D
ACKNOWLEDGEMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
KEY WEST, FLORIDA
REF: Install Airfield Security Fencing and Gates at Marathon Airport
and Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred to 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 work.
4. Changes or alterations provided for in the original bid and original contract.
FENCE
Contractor
TITLE: �Sm We ERNSi ERESIDENI
II-7
SECTION E
CONTRACT FOR
Install Airfield Security Fencing and Gates
at Marathon Airport and Key West International Airport
THIS AGREEMENT made and entered into theriLl day of I e Ufr^-h-e� 103by and
between a &ys
party of the first part, and the Monroe County Board of Commissioners, Key West, Florida,
party of the second part.
1':/My�l
That the first party, for the consideration hereinafter fully set out hereby agrees with the
second party as follows:
1. That the Contractor, or Party of the First Part, shall furnish all the materials,
and perform all of the work in the manner and form as provided by the
following enumerated Instruction to Bidders, Form of Proposal, General
Provisions, Special Provisions, Detailed 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 installation of
airfield security fencing and gates
at Marathon Airport & Key West International Airport
2. That the first party shall commence the work to be performed under this
agreement on a date to be specified in a written order of the second party and
shall fully complete all work hereunder within §Q calendar days from and
after said date.
3. The second party hereby agrees to pay to the first party for the faithful
performance of the agreement, subject to additions and deductions as provided in
the specifications or proposal in lawful money of the United States as follows:
Approximately ewlal
/�ofh lf%) �/YE .✓d/c'�6 /
Q,� Dd
OO Dollars (S �f � � ?�,� ) in
accordance with lump sum and unit prices set forth in the proposal.
M:
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the first party on the basis of a duly certified and approved
estimate. of work performed during the preceding calendar month by the first
party, less ten percent (10%) of the amount of such estimate which is to be
retained by the second party until all work has been performed strictly in
accordance with this agreement.
5. Upon submission by the first party of evidence satisfactory to the second party that
all payrolls, material bills, and other cost incurred by the first party in connection
with the construction of the work have been paid in full, final payment on account
of this agreement shall be made within thirty days after the completion by the first
party of all work covered by this agreement and the acceptance of such work by the
second party.
6. It is mutually agreed between the parties hereto that time is the essence of 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 second party may retain the sum of $150.00 per day for each
day thereafter, Sundays and Holidays included, that the work remains uncompleted,
which sum shall represent the actual damages which the Owner will have sustained
per day by failure to the Contractor to complete the work within the time stipulated,
and this sum is not a penalty, being the stipulated damages the second party will have
sustained in the event of such default by the first party.
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 second party shall deem the surety or sureties upon such bond
to be unsatisfactory, or of, for any reason, such bond ceases to be adequate to
cover the performance of the work, the first party shall, at its expense within five
days after the receipt of notice from the second party 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 be second party. In such event, no further
payment to the first party 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 second party.
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.
M
FENCE T E RIG.
(CO 7 R)
BY:
'IZ'IT.E: S J(W MNST FRESlDEN%
WITNESS:
— a;,o
R- E. DE CASTRO
arRETARY/TREASURER
STATE OF FLORIDA
(Monroe Coun
LouiL•�
i
/LE.-
ATTET: �ANti t- J�c� rtl�G�
WIT-I�S&
I, the undersigned authority, a Notary Public in and for said County and State h eby certify hat
�� 7— whose name as �•�3i/ji,
of t,, ,- 17RS INC is signed to the foregoing instrument, and who is
known to me, acknowledged before me on this day, that being informed of the contents of the
within instrument, he, in his capacity as such, executed the same voluntarily on the date the
same bears date.
Given under my hand and seal this day
yof C'Y1/� r , 19q�
aw)'I'o a .
Notary Public
U-10
JL
Ct
FLGRIDA 3
BUY AMBRICAN - STEEL -AND MANUFACTUR=
pRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Contractor agrees that only domestic steel and
manufactured products will be used by the Contractor,
subcontractors, materialmen, and suppliers in the
performance of this contract, as defined in (b) below.
(b) The following terms apply to this clause:
1. Steel and manufactured products. As used in this
clause, steel and manufactured products include (1)
those produced in the United States or (2) a
manufactured product produced in the United States, if
the cost of its components mined, produced or
manufactured in the United States exceeds 60 percent of
the cost of all its components and final assembly has
taken place in the United States.
2. Components. As used in this clause, components means
those articles, materials, and supplies incorporated
directly into steel and manufactured products.
3. Cost of Components. This means the costs for
production of the components, exclusive of final
assembly labor costs.
$, V& ERNST PRESiDENIi
Signed X v wL"wv
Contractor's Authorized Representative
FENCE �'liAG- E_-IS INC'
Contractor Ls.Namr
Dated
COMPANY A
LETTER Northern Assurance Co.
INSURED COMPANY B APPROVED BY RIS�K1 MANAGEMENT
Fence Masters, Inc. COMPANY C B v
3550 N.W. 54th Street LETTER
Miami FL 33142 COMPANY D DATE
LETTER
COMPANY E WAIVER: NIA YES
LETTER
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
I TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [ X] OCCUR.
OWNER'S & CONTRACTOR'S PROT.
EPA14477179
8/01/93
8/01/94
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS-COMP/OP AGG.
$ 1,000,000
PERSONAL & ADV. INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$ 50,000
MED. EXPENSE (Anyoneperson)
$ 5 000
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ECA14439658
8/01/93
8/01/94
COMBINED SINGLE
LIMIT
$
1,000,000
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
$
A
EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
UBA68139071
8/01/93
8/01/94
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
WORKER'S COMPENSATION
AND
EMPLOYERS' unewTv
Risk Mg
ReceivedEACH
mt. &Loss Control
STATUTORY LIMITS
ACCIDENT
$
DISEASE —POLICY LIMIT
$
DISEASE —EACH EMPLOYEE
$
OTHER
SATE v..
WI1 AL . I
'
,1cYC7
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
This certificate is subject to the policy terms, conditions, and exclusions. Limits shown are as of inception.
JOB: INSTALL AIRFIELD FENCING AND GATES. MARATHON AIRPORT AND KEY WEST INTERNATIONAL AIRPORT.
Monroe County Board of County Commissioners.
15100 College Rd
Cross Wind Room 002
Key West FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORRED REP SENTATIVE
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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 ......................III-12
SECTION 40 - Scope of Work .................................. III-14
SECTION 50 - Control of Work ................................. III-18
SECTION 60 - Control of Materials ...............................III-28
SECTION 70 - Legal Relations and Responsibility to Public ................ III-32
SECTION 80 - Prosecution and Progress ............................III-41
SECTION 90 - Measurement and Payment ........................... III-48
SECTION 100 - Miscellaneous Contract Requirements ................... III-56
SECTION 110 - Insurance Requirements ............................ III-59
SECTION 120 - Safety and Health Regulations for Construction ............. III-63
SECTION 130 - Wage and Labor Requirements ....................... III-64
SECTION 140 - Nondiscrimination by Federally Assisted Construction
Contractors and Subcontractors - Equal Employment
Opportunity Requirement ........................ III-74
SECTION 150 - Disadvantaged Business Enterprise Program ............... III-87
PART I -- GENERAL PROVISIONS
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 INVITATION FOR BIDS.
A public announcement, as required by local law, inviting bids for work to be
performed and materials to be furnished.
10-04 ATP.
The Airport Improvement Program, a grant-in-aid program, administered by the Federal
Aviation Administration.
10-05 ATR OPERATIONS AREA.
For the purpose of these specifications, the term air operations area shall mean any area
of the airport used or intended to be used for the landing, takeoff, or surface
maneuvering of aircraft. An air operation area shall include such paved or unpaved areas
that are used or intended to be used for the unobstructed movement of aircraft in addition.
to its associated runway, taxiway, or apron.
10-06 AIRPORT.
Airport means an area of land or water which is used or intended to be used for the
landing and takeoff of aircraft, and includes its buildings and facilities, if any.
10-07 ASTM.
The American Society for Testing and Materials.
III-2
10-08 AWARD.
The acceptanc;, by the owner, of the successful bidder's proposal.
10-09 TD ER.
Any individual, partnership, firm, or corporation, acting directly or through a duly
authorized representative, who submits a proposal for the work contemplated.
10-10 BUILDING AREA.
An area on the airport to be used, considered, or intended to be used for airport
buildings or other airport facilities or rights -of -way together with all airport buildings and
facilities located thereon.
10-11 CALENDAR DAY.
Every day shown on the calendar.
10-12 CHANGE ORDER.
A written order to the Contractor covering changes in the plans, specifications, or
proposal quantities and establishing the basis of payment and contract time adjustment,
if any, for the work affected by such changes. The work, covered by a change order,
shall be within the scope of the contract.
10-13 CONTRACT 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 Proposal Bond; The Contract Bond, The Labor &
Materials Bond any required insurance certificates; The General & Special Provisions;
The Specifications; The Plans, any addenda issued to Bidders, and any Change Orders
issued to the Contractor.
10-14 CONTRACT ITEM (PAY TTEM).
A specific unit of work for which a price is provided in the contract.
10-15 CONTRACT TIME.
The number of calendar days or working days, stated in the proposal, allowed for
completion of the contract, including authorized time extensions. If a calendar date of
completion is stated in the proposal, in lieu of a number of calendar or working days,
the contract shall be completed by that date.
10-16 CONTRACTOR.
The individual, partnership, firm, or corporation primarily liable for the acceptable
performance of the work contracted and for the payment of all legal debts pertaining to
the work who acts directly or through lawful agents or employees to complete the
contract work.
10-17 DRAINAGE SYSTEM.
The system of pipes, ditches, and structures by which surface or subsurface waters are
III-3
collected and conducted from the airport area.
10-18 ENGINEER.
The individual, partnership, firm, or corporation duly authorized by the owner (sponsor)
to be responsible for engineering supervision of the contract work and acting directly or
through an authorized representative.
10-19 OMPMENT.
All machinery, together with the necessary supplies for upkeep and maintenance, and
also all tools and apparatus necessary for the proper construction and acceptable
completion of the work.
10-20 EXTRA WORK.
An item of work not provided for in the awarded contract as previously modified by
change order or supplemental agreement, but which is found by the Engineer to be
necessary to complete the work within the intended scope of the contract as previously
modified.
10-21 FA A.
The Federal Aviation Administration of the U.S. Department of Transportation. When
used to designate a person, FAA shall mean the Administrator or his/her duly authorized
representative.
10-22 FEDERAL SPECTFICATIONS.
The Federal Specifications and Standards, and supplements, amendments, and indices
thereto are prepared and issued by the General Services Administration of the Federal
Government.
10-23 INSPECTOR.
An authorized representative of the Engineer assigned to make all necessary inspections
and/or tests of the work performed or being performed, or of the materials furnished or
being furnished by the Contractor.
10-24 INTENTION OF TERMS.
Whenever, in these specifications or on the plans, the words "directed," "required,"
"permitted," "ordered," "designated," "prescribed," or words of the like import are
used, it shall be understood that the direction, - requirement, permission, order,
designation, or prescription of the Engineer is intended; and similarly, the words
"approved," "acceptable," "satisfactory," or words of like import, shall mean
approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the
final determination of the owner.
Any reference to a specific requirement of a numbered paragraph of the contract
specifications or a cited standard shall be interpreted to include all general requirements
III-4
of the entire section, specification item, or cited standard that may be pertinent to such
specific reference.
10-25 LABORATORY.
The official testing laboratories of the owner or such other laboratories as may be
designated by the Engineer.
10-26 LIGHTING.
A system of fixtures providing or controlling the light sources used on or near the airport
or within the airport buildings. The field lighting includes all luminous signals, markers,
floodlights, and illuminating devices used on or near the airport or to aid in the operation
of aircraft landing at, taking off from, or taxiing on the airport surface.
10-27 MAJOR AND MINOR CONTRACT ITEMS.
A major contract item shall be any item that is listed in the proposal, the total cost of
which is equal to or greater than 20 percent of the total amount of the award contract.
All other items shall be considered minor contract items.
10-28 MATERIALS.
Any substance specified for use in the construction of the contract work.
10-29 NOTICE TO PROCEED.
A written notice to the Contractor to begin the actual contract work on a previously
agreed to date. If applicable, the Notice to Proceed shall state the date on which the
contract time begins.
10-30 OWNER (SPONSOR).
The term owner shall mean the party of the first part or the contracting agency signatory
to the contract. For AT contracts, the term sponsor shall have the same meaning as the
term owner.
10-31 PAVEMENT.
The combined surface course, base course, and subbase course, if any, considered as
a single unit.
10-32 LABOR AND MATERIALS 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.
10-33 CONSTRUCTION BOND.
The approved form of security furnished by the Contractor and his/her surety as a
guaranty tha the Contractor will complete the work in accordance with the terms of
the contract.
III-5
10-34 PLANS.
The official drawings or exact reproductions which show the location, character,
dimensions and details of the airport and the work to be done and which are to be
considered as a part of the contract, supplementary to the specifications.
10-35 PROTECT.
The agreed scope of work for accomplishing specific airport development with respect
to a particular airport.
10-36 PROPOSAL.
The written offer of the bidder (when submitted on the approved proposal form) to
perform the contemplated work and furnish the necessary materials in accordance with
the provisions of the plans and specifications.
10-37 PROPOSAL GUARANTY.
The security furnished with a proposal to guarantee that the bidder will enter into a
contract if his/her proposal is accepted by the owner.
10-38 RUNWAY.
The area on the airport prepared for the landing and takeoff of aircraft.
10-39 SPECIFICATIONS.
A part of the contract containing the written directions and requirements for completing
the contract work. Standards for specifying materials or testing which are cited in the
contract specifications by reference shall have the same force and effect as if included
in the contract physically.
1040 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.
1041 SUBGRADE.
The soil which forms the pavement foundation.
10-42 SUPERTNTENDENT.
The Contractor's executive representative who is present on the work during progress,
authorized to receive and fulfill instructions from the Engineer, and who shall supervise
and direct the construction.
10-43 SUPPLEMENTAL AGREEMENT.
A written agreement between the Contractor and the owner covering: (1) work that
III-6
(W would increase or decrease the total amount of the awarded contract, or any major
contract item, by more than 25 percent, such increased or decreased work being within
the scope of the originally awarded contract; or (2) work that is not within the scope of
the originally awarded contract.
10-44 SURETY.
The corporation, partnership, or individual, other than the Contractor, executing payment
or performance bonds which are furnished to the owner by the Contractor.
10-45 TAXIWAY.
For the purpose of this document, the term taxiway means the portion of the air
operations area of an airport that has been designated by competent airport authority for
movement of aircraft to and from the airport's runways or aircraft parking areas.
1046 WORK.
The furnishing of all labor, materials, tools, equipment, and incidentals necessary or
convenient to the Contractor's performance of all duties and obligations imposed by the
contract, plans, and specifications.
10-47 WORKING DAY.
A working day shall be any day other than a legal holiday, Saturday, or Sunday on which
the normal working forces of the Contractor may proceed with regular work for at least
6 hours toward completion of the contract. Unless work is suspended for causes beyond
the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's
forces engage in regular work, requiring the presence of an inspector, will be considered
as working days.
END OF SECTION 10
III-7
SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders).
(See Division I, Section A, Invitation For Bids)
20-02 PREQUALWICATION 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
Department of Transportation (DOT) and is on the current "bidder's list" of the state
in which the proposed work is located. Such evidence of (DOT) pre -qualification may
be submitted as evidence of financial responsibility in lieu of the certified statements or
reports hereinbefore specified.
Each bidder shall submit "evidence of competency" and "evidence of financial
responsibility" to the owner no later than 10 days prior to the specified date for opening
bids.
20-03 CONTENTS OF PROPOSAL FORMS.
The owner shall furnish bidders with proposal forms. All papers bound with or attached
to the proposal forms are necessary parts and must not be detached.
The plans specifications, and other documents designated in the proposal form shall be
considered a part of the proposal whether attached or not.
III-8
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 RTMPRETATION 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
III-9
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.
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20-09 BTD GUARANTEE.
Each separate proposal shall be accompanied by a certified check, or other specified acceptable
collateral, in the amount specified in the proposal form. Such check, or collateral, shall
be made payable to the owner.
20-10 DELIVERY OF PROPOSAL.
Each proposal submitted shall be placed in a sealed envelope plainly marked with the project
number, location of airport, and name and business address of the bidder on the outside.
When sent by mail, preferably registered, the sealed proposal, marked as indicated above,
should be enclosed in an additional envelope. No proposal will be considered unless received
at the place specified in the advertisement before the time specified for opening all bids.
Proposals received after the bid opening time shall be returned to the bidder unopened.
20-11 WnMRAWAL 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 OPENTNG 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 DISOUALTFICATION 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
(W 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 Qf this section. Proposal
guaranties of the two lowest bidders will be retained by the owner until such time as an
III-12
award *is made, at which time, the unsuccessful bidder's proposal guaranty will be
returned. The successful bidder's proposal guaranty will be returned as soon as the
owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS
OF CONTRACT BONDS of this section.
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
4o-ol INTENT OR CCdPl'FACI'. The intent of the contract is to provide for
�r construction & completion, in every detail, of the work described. It
is further intended that the contractor shell furnish all labor,
materials, equipment, tools, transportation, & supplies required to
complete the work in accordance with the plans, specificatiova, & terms
of the contract.
40-0 QF SM & CRimTr.ITIBS. The owner reserves & 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, thO Engineer shall be & 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%
(total cost being based on the unit prices & estimated quantities in
the aW&Xded contract). Alteration$ which do not exceed the 25%
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. Thesp_
alterations which are for work within the general scope of the coratra.ct
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 251 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 & make other arrangements for its Completion. All supplemental agreements
shall require consent of the Contractor's surety & a separate
performance & payment bonds. Notwithstanding anything in this paragraph
or elsewhere in this contract, any Change orders must be approved by
the owner's County CORMission before it shall become binding on the
owner.
4 = ITM. The Engineer may, in the owner's bast interest,
omit from the wore any contract item, except major contract itma.
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
:!74%rd completion of ' such item prior to the: date Of the order to omit
ouch tram. "Y"N"'L rvr WC#Xk Porrvimed shall 13& t[, cu:coru.uncd w.t.lh t11e
nuhaect fort t..11.1 ird PALYNI 1T MR OMITl`l[D ITIM at ►100tion. 10.
III-14
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40-04 EXTRA 1VORK.
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
Architect's opinion, is necessary for completion of such extra work.
When determined by the Engineer to be in the owner's best interest, he may order
the Contractor to proceed with extra work by force account as provided in the
subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of
Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within
the general scope of the work covered by the original contract. shall be covered by a
Supplemental Agreement as hereinbefore defined in the subsection titled
SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change
order or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC.
It is the explicit intention of the contract that the safety of aircraft, as well as the
Contractor's equipment and personnel, is the most important consideration. It is
understood and agreed that the Contractor shall provide for the free and unobstructed
movement of aircraft in the air operations areas of the airport with respect to his/her own
operations and the operations of all his/her subcontractors as specified in the subsection
titled LIMITATION OF OPERATIONS of Section 80. It is further understood and
agreed that the Contractor shall provide for the uninterrupted operation of visual and
electronic signals (including power supplies thereto) used in the guidance of aircraft while
operating to, from, and upon the airport as specified in the subsection titled
CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors,
the Contractor shall provide marking, lighting, and other acceptable means of identifying:
personnel; equipment; vehicles; storage areas; and any work area or condition that may
be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles
at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road,
street, or highway during the Contractor's performance of work that is otherwise
provided for in the contract, plans, and specifications, the Contractor shall keep such
III-15
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
�r barricades, warning signs, flagmen, and other traffic control devices in reasonable
conformity with the manual of Uniform Traffic Control Devices for Streets and
Highways (published by the United States Government Printing Office), unless otherwise
specified herein. The Contractor shall also construct and maintain in a safe condition any
temporary connections necessary for ingress to and egress from abutting property or
intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor
will not be required to furnish snow removal for such existing road, street, or highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as
specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall
not be measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES.
All existing structures encountered within the established lines, grades, or grading
sections shall be removed by the Contractor, unless such existing structures are otherwise
specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in
the work or to remain in place. The cost of removing such existing structures shall not
be measured or paid for directly, but shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in
the work for which the disposition is not indicated on the plans, the Engineer shall
be notified prior to disturbing such structure. The disposition of existing structures
so encountered shall be immediately determined by the Engineer in accordance with
the provisions of the contract.
Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS
FOUND IN THE WORK of this section, it is intended that all existing materials or
structures that may be encountered (within the lines, grades, or grading sections
established for completion of the work) shall be utilized in the work as otherwise
provided for in the contract and shall remain the property of the owner when so utilized
in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK.
Should the Contractor encounter any material such as (but not restricted to) sand, stone,
gravel, slag, or concrete slabs within the established lines, grades, or grading sections,
the use of which is intended by the terms of the contract to be either embankment or
waste, he may at his/her option either:
III-16
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 Architect; 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.
40-09 FINAL CLEANrNG UP.
Upon completion of the work and before acceptance and final payment will be made, the
Contractor shall remove from the site all machinery, equipment, surplus and discarded
materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut
all brush and woods within the limits indicated and shall leave the site in a neat and
presentable condition. Material cleared from the site and deposited on adjacent property
will not be considered as having been disposed of satisfactorily, unless the Contractor has
obtained the written permission of such property owner.
END OF SECTION 40
III-17
SECTION 50
CONTROL OF WORK
50-01 A-MORITY 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 raid for the
under contract.
50-02 CONFORNMY 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 Architect'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
III-18
with the contract, plans, and specifications. The term shall not be construed as waiving
(W the Engineer's right to insist on strict compliance with the requirements of the contract,
plans, and specifications during the Contractor's prosecution of the work, when, in the
Engineer's opinion, such compliance is essential to provide an acceptable finished portion
of the work.
For the purpose of this subsection, the term "reasonably close conformity" is also
intended to provide the Engineer with the authority to use good engineering judgment in
his/her determinations as to acceptance of work that is not in strict conformity but will
provide a finished product equal to or better than that intended by the requirements of
the contract, plans and specifications.
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 Architect 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.
III-19
50-05 COOPERATION BETWEEN CONTRACTORS.
The owner reserves the right to contract for and perform other or additional work on or
near the work covered by this contract.
When separate contracts are let within the limits of 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
(W establish all layout required for the construction of the work. Such stakes and markings
as the Architect 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 Architect.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT.
Whenever batching or mixing plant equipment is required to be operated automatically
under the contract and a breakdown or malfunction of the automatic controls occurs, the
equipment may be operated manually or by other methods for a period 48 hours
following the breakdown or malfunction, provided this method of operations will product
results which conform to all other requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS.
Inspectors employed by the owner shall be authorized to inspect all work done and all
material furnished. Such inspection may extend to all or any part of the work and to the
preparation, fabrication, or manufacture of the materials to be used. Inspectors are not
III-20
authorized to revoke, alter, or waive any provision of the contract. Inspectors are not
(W authorized to issue instructions contrary to the plans and specifications or to act as
foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of
the contract, plans, or specifications and to reject such nonconforming materials in
question until such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK.
All materials and each part or detail of the work shall be subject to inspection by the
Architect. 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 form to the requirements of the contract, plans, and
specifications will be considered unacceptable, unless otherwise determined acceptable
by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS
AND SPECIFICATIONS of this section.
III-21
Vlldl%,(:,PLauWG v-,v.ra, v-vticLi,c;, uIG 1GJllll VA. PVV1 wlJiAluallJAtli , v. ,- AAA"— ,
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 Engineerwill have authority
to cause unacceptable work to be remedied or removed and replaced and unauthorized
work to be removed and to deduct the costs (incurred by the owner) from any monies
due or to become due the Contractor.
50-11 LOAD RESTRICTIONS.
The Contractor shall comply with all legal load restrictions in the hauling of materials
on public roads beyond the limits of the work. A special permit will not relieve the
Contractor of liability for damage which may result from the moving of material or
equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures
,, or to any other type of construction will not be permitted. Hauling of materials over the
base course or surface course under construction shall be limited as directed. No loads
will be permitted on a concrete pavement, base, or structure before the expiration of the
curing period.. The Contractor shall be responsible for all damage done by his/her
hauling equipment and shall correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION.
The Contractor shall maintain the work during construction and until the work is
accepted. This maintenance shall constitute continuous and effective work prosecuted
day by day, with adequate equipment and forces so that the work is maintained in
satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously
constructed, the Contractor shall maintain the previous course or subgrade during all
construction operations.
III-22
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 Engineers 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
(W upon inspection that the unit has been satisfactorily completed in compliance with the
contract, he may accept it as being completed, and the Contractor may be relieved of
further responsibility for that unit. Such partial acceptance and beneficial occupancy by
the owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE.
Upon due notice from the Contractor of presumptive completion of the entire project, the
Engineer and owner will make an inspection. If all construction provided for and
contemplated by the contract is found to be completed in accordance with the contract,
plans, and specifications, such inspection shall constitute the final inspection. The
Engineer shall notify the Contractor in writing of final acceptance as of the date of the
final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
unsatisfactory, the Engineer, will give the Contractor the necessary instructions for
correction of same and the Contractor shall immediately comply with and execute such
instructions. Upon correction of the work, another inspection will be made which shall
constitute the final inspection, provided the work has been satisfactorily completed. In
such event, the Engineer will make the final acceptance and notify the Contractor in
writing of this acceptance as of the date of .final inspection.
III-23
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 COST REDUCTION INCENTIVE.
The provisions of this subsection will apply only to contracts awarded to the lowest
bidder pursuant to competitive bidding.
On projects with original contract amounts in excess of $100,000, the Contractor may
submit to the Engineer, in writing, proposals for modifying the plans, specifications or
other requirements of the contract for the sole purpose of reducing the -cost of
construction. The cost reduction proposal shall not impair, in any manner, the essential
functions or characteristics of the project, including but not limited to service life,
economy of operation, ease of maintenance-, desired appearance, design and safety
standards. This provision shall not apply unless the proposal submitted is specifically
identified by the Contractor as being presented for consideration as a value engineering
proposal.
Not eligible for cost reduction proposals are changes in the basic design of a pavement
type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities,
or changes in grade or alignment that reduce the geometric standards of the project.
As a minimum, the following information shall be submitted by the Contractor with each
proposal:
1. A description of both existing contract requirements for performing the work and
the proposed changes, with a discussion of the comparative advantages and
disadvantages of each;
III-24
2. An itemization of the contract requirements that must be changed if the proposal
is adopted;
3. A detailed estimate of the cost of performing the work under the existing contract
and under the proposed changes;
4. A statement of the time by which a change order adopting the proposal must be
issued;
S. A statement of the effect adoption of the proposal will have on the time for
completion of the contract; and
6. The contract items of work affected by the proposed changes, including any
quantity variation attributable to them.
The Contractor may withdraw, in whole or in part, any cost reduction proposal not
accepted by the Engineer, within the period specified in the proposal. The provisions
of this subsection shall not be construed to require the Engineer, to consider any cost
reduction proposal which may be submitted.
The Contractor shall continue to perform the work in accordance with the requirements
of the contract until a change order incorporating the cost reduction proposal has been
issued. If a change order has not been issued by the date upon which the Contractor's
(W cost reduction proposal specifies that a decision should be made, or such other date as
the Contractor may subsequently have requested in writing, such cost reduction proposal
shall be deemed rejected.
The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and
of the estimated net savings from the adoption'of all or any part of such. proposal. In
determining the estimated net savings, the Engineermay disregard the contract bid prices
if, in the Engineer's judgement such prices do not represent a fair measure of the value
of the work to be performed or deleted.
The owner may require the Contractor to share in the owner's costs of investigating a
cost reduction proposal submitted by the Contractor as a condition of considering such
proposal. Where such a condition is imposed, the Contractor shall acknowledge
acceptance of it in writing. Such acceptance shall constitute full authority for the owner
to deduct the cost of investigating a cost reduction proposal from amounts payable to the
Contractor under the contract.
If the Contractor's cost reduction proposal is accepted in whole or in part, such
acceptance will be by a contract change order which shall specifically state that it is
executed pursuant to this subsection. Such change order shall incorporate the changes
in the plans and specifications which are necessary to permit the cost reduction proposal
III-25
or such part of it as has been accepted and shall include any conditions upon which the
Engineer's approval is based. The change order shall also set forth the estimated net
savings attributable to the cost reduction proposal. The net savings shall be determined
as the difference in costs between the original contract costs for the involved work items
and the costs occurring as a result of the proposed change. The change order shall also
establish the net savings agreed upon and shall provide for adjustment in the contract
price that will divide the net savings equally between the Contractor and the Owner.
The Contractor's 50 percent share of the net savings shall constitute full compensation
to the Contractor for the cost reduction proposal and the performance of the work.
Acceptance of the cost -reduction proposal and performance of the cost -reduction work
shall not extend the time of completion of the contract unless specifically provided for
in the contract change order.
50-18 CONTRA CT CLO�E:QUT.
Subsequent to the final acceptance of this project by the, Fugiineer, the following
requirements must be satisfied by the Contractor before final payment 'can be made.
- -mllSt publiclXdv
ngineera mrnimurn o once
b. The Contractor must execute copies of CONTRACTOR'S AFMAVIT OF
PAYINIENT OF CLAIMS AND DEBTS on the form furnished by the Engineer
and included in Division VI - Appendix, herein.
C. The Contractor must have his surety execute copies of CONSENT OF SURETY
TO FINAL PAYMENT on the form furnished by the F,ngineer and included in
Division VI - Appendix, herein.
d. The Contractor must furnish a letter on his letterhead acknowledging that
acceptance of final payment by the Contractor constitutes a waiver of all claims,
present or future, in connection with this project.
e. The Contractor must furnish a written guarantee on his letterhead covering all
defects in material and workmanship for a period of one (1) year commencing on
the date of final acceptance.
f. If any purchase items have been incorporated in the work, the Contractor must
furnish a letter on his letterhead assigning those warranties to the OWNER.
Copies of said warranties shall be. bound in one binder and submitted along with
the letter assignment.
111-26
11� �Y3
(W g. The contractor must provide one complete set of "as builts" covering all utility
routing, structural, mechanical, and electrical aspects of the work, including
wiring schematics.
END OF SECTION 50
III-27
SECTION 60
CONTROL OF 1\1ATERIALS
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.
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
III-28
by and at the expense of the owner. Samples will be taken by a qualified representative
of the owner. All materials being used are subject to inspection, test, or rejection at any
time prior to or during incorporation into the work. Copies of all tests will be furnished
to the Contractor's representative at his/her request.
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
(W 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
III-29
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
(W material or assembly.
Should the .Engineerconduct plant inspections, the following conditions shall exist:
a. The tngineershall 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 ENGINEER'S FIELD OFFICE AND LABORATORY.
When specified and provided for as a contract item, the Contractor shall furnish a
building for the exclusive use of the Engineer. as a field office and field testing
laboratory. The building shall be furnished and maintained by the Contractor as
specified herein and shall become property of the Contractor when the contract work is
completed.
60-06 STORAGE OF MATERIALS.
Materials shall be so stored as to assure the preservation of their quality and fitness for
the work. Stored materials, even though approved before storage, may again be
inspected prior to their use in the work. Stored materials shall be located so as to
facilitate their prompt inspection. The Contractor shall coordinate the storage of all
materials with theEngineer. 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 theEngineer. 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
III-30
by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by
the owner or lessee of the property.
60-07 UNACCEPTABLE MATERIALS.
Any material or assembly that does not conform to the requirements of the contract,
plans, or specifications shall be considered unacceptable and shall be rejected. The
Contractor shall remove any rejected material or assembly from the site of the work,
unless otherwise instructed by the Engineer.
No rejected material or assembly, the defects of which have been corrected by the
Contractor, shall not be returned to the site of the work until such time as the Engineer
has approved its used in the work.
C-43 PROHIBITED MATERIALS - ASBESTOS
Per Section 255.40, Florida Statutes, the use of asbestos or asbestos -based fiber materials
is prohibited in any buildings, construction of which is commenced after September 30,
1983, which is financed with public funds or is constructed for the express purpose of
being leased to any governmental entity.
60-08 OWNER FURNISHED MATERIALS.
The Contractor shall furnish all materials required to complete the work, except those
specified herein (if any) to be furnished by the owner. Owner -furnished materials shall
be made available to the Contractor at the location specified herein.
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-31
M=TIGN TO
LEGAL REWLATIONS MM R=0NSIBILn-f To PUBLIC
7A-O La►�iB TO 8a 0N8M_ The contractor shall keep fully informs4 of
a Federal & state Taws, all local laws, ordinances, & regulations &
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 & comply with all auch laws, ordinances,
regulations, orders, 4 decrees; & shall protect & indemnify the owner &
all his/her officers, ageutB, 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. VQnyp for any claim or dispute arising under this contract
shall be in Monroe county, Florida.
70-02_ZMERMCEMM_&S. The Contractor shall procure all
Permit icenses, pay all Cb gent fees, & tames, & give all notices
necessary S incidental to the due & lawful prosecution of the Mork.
70-03 RATzrx= DMCgS, w►TSRXAL , , pRpCgsggg� If the Contractor is
required or desires o use any design, evlce, material, or process
covered by letters of patent or copyright, he shall provide for such
us* by suitable legal agreement with the patentee or owner. The
Contractor & the surety shall indemnify & save harmless the owner, any
third patty, cz political subdivision from any i all claims for
infringement by reason of the use of any such patented design, device,
material or process., or any trademark or copyright, & shall indetanii'y
the owner for any costs, expena:es, & damages which it may be obliged to
pay by reason of an infringement, at any time during the prosecution or after the COMPletfon of the work.
�`� "` "" a0 "M M The owner reaarvas t s r ght to Gut prize the construction, rOcOngtZUCtion, 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 tha work.
To the extebt that such construction, reconstruction, or maintenance
has been coordinated with the owner, such authorized work (by others)
is indicated as follows,
Except as listed above, the Contractor shall not permit any individual,
firm, or corporation to excavate or otherwise disturb such utili ty
services or facilities located
within the limits of the work without the written permission of the Architect.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility
service of another government agency be authorized to construct, reconstruct, or maintain
such utility service or facility during the .progress of the work, the Contractor shall
cooperate with such owners by arranging and performing the work in this contract so as
to facilitate such construction, reconstruction or maintenance by others whether or not
such work by others is listed above. When ordered as extra work by theEngineer*., 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 FEDERAL DEPARTMENT OF TRANSPORTATION AND PARTICIPATION
For WPI contract, the Florida Department of Transportation has agreed to reimburse the
owner for some portion of the contract costs.
The contract work is subject to the inspection and approval of duly authorized
representatives of the F.D.O.T.
No requirements of this contract shall be construed as making the F.D.O.T. a party to
the contract nor will any such requirement interfere, in any way, with the rights of either
party to the contract.
III-33
70-07 SANITARY, HEALTH, AND SAFETY PROVISIONS.
(W The Contractor shall provide and maintain in a neat, sanitary condition such
accommodations for the use of his/her employees as may be necessary_ to comply with
the requirements of the state and local Board of Health, or of other bodies or tribunals
having jurisdiction.
Attention is directed to Federal, state, and local laws, rules and regulations concerning
construction safety and health standards. The Contractor shall not require any worker
to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to
his/her health or safety.
70-08 PUBLIC CONVENIENCE AND SAFETY.
The Contractor shall control his/her operations and those of his/her subcontractors and
all suppliers, to assure the least inconvenience to the traveling public. Under all
circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and
vehicular traffic with respect to his/her own operations and those of his/her
subcontractors and all suppliers in accordance with the subsection titled
MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such
operations for the convenience and safety of the traveling public as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter.
70-09 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS.
The Contractor shall furnish, erect, and maintain all barricades, warning signs, and
markings for hazards necessary to protect the public and the work. When used during
periods of darkness, such barricades, warning signs, and hazard markings shall be
suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain
barricades, warning signs, lights and other traffic control devices in reasonable
conformity with the Manual of Uniform Traffic Control Devices for Streets and
Highways (published by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such
area, the Contractor shall furnish, erect, and maintain temporary markings and associated
lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on
Airports.
The Contractor shall furnish, erect, and maintain markings and associated lighting of
open trenches, excavations, temporary stock piles, and his/her parked construction
equipment that may be hazardous to the operation of emergency fire -rescue or
maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2,
Operational Safety on Airports During Construction Activity.
III-34
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 Architect.
Open -flame type lights shall not be permitted within the air operations areas of the
airport.
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.
III-35
When or where any direct or indirect damage or injury is done to public or private
property by or on account of any act, omission, neglect, or misconduct in the execution
of the work, or in consequence of the nonexecution thereof by the Contractor, he shall
restore, at his/her own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, or otherwise restoring as
may be directed, or he shall make good such damage or injury in an acceptable manner.
70-12 RESPONSTBTLTTY FOR DAMAGE CLAIMS.
The Contractor shall indemnify and save harmless the Engineer and the owner and their
officers, and employees from all suits actions, or claims of any character brought because
of any injuries or damage received or sustained by any person, persons, or property on
account of the operations of the Contractor; or on account of or in consequence of any
neglect in safeguarding the work; or through use of unacceptable materials in
constructing the work; or because of any act or omission, neglect, or misconduct of said
Contractor; or because of any claims or amounts recovered from any infringements of
patent, trademark, or copyright; or from any claims or amounts arising or recovered
under the "Workmen's Compensation. Act," or any other law, ordinance, order, or
decree. Money due the Contractor under and by virtue of his/her contract as may be
considered necessary by the owner for such purpose may be retained for the use of the
owner or, in case no money is due, his/her surety may be held until such suit or suits,
.action or actions, claim or claims for injuries or damages as aforesaid shall have been
settled and suitable evidence to that effect 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 OPENTNG 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:
A. Refer to Demolition/Phasing Drawings.
III-36
Upon completion of any portion of the work listed above, such portion shall be accepted
✓ by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50.
No portion of the work may be opened by the Contractor for public use until ordered by
theEngineer. 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 RESPONSTBTLITY FOR WORK.
Until the Engineers final written acceptance of the entire completed work, excepting
only those portions of the work accepted in accordance with the subsection titled
PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care
thereof and shall take every precaution against injury or damage to any part due to the
action of the elements or from any other cause, whether arising from the execution or
from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and
make good all injuries or damages to any portion of the work occasioned by any of the
above causes before final acceptance and shall bear the expense thereof except damage
to the work due to unforeseeable causes beyond the control of and without the fault or
negligence of the Contractor, including but not restricted to acts of God such as
earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature,
or acts of the public enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for
the work and shall take such precautions necessary to prevent damage to the work. The
Contractor shall provide for normal drainage and shall erect necessary temporary
structures, signs, or other facilities at his/her expense. During such period of suspension
of work, the Contractor shall properly and continuously maintain in an acceptable
growing condition all living material in newly established planting, seedings, and
soddings furnished under his/her contract, and shall take adequate precautions to protect
new tree growth and other 'important vegetative growth against injury.
III-37
70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES
OF OTHERS.
As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY
OTHERS of this section, the Contractor shall cooperate with the owner of any public or
private utility service, FAA or NOAA, or a utility service of another government agency
that may be authorized by the owner to construct, reconstruct or maintain such utility
services or facilities during the progress of the work. In addition, the Contractor shall
control his/her operations to prevent the unscheduled interruption of such utility services
and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or
utility services of another governmental agency are known to exist within the limits of
the contract work, the approximate locations have been indicated on the plans and the
owners are indicated as follows:
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 Architect.
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 Architect.
III-38
The Contractor's failure to give the two day's notice hereinabove provided shall be cause
for the Engineerto suspend the Contractor's operations in the general vicinity of a utility
service or facility.
Where the outside limits of an underground utility service have been located and staked
on the ground, the Contractor shall be required to use excavation methods acceptable to
the Engineer within 3 feet (90 cm) of such outside limits at such points as may be
required to ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer
and shall take all reasonable measures to prevent further damage or interruption of
service. The Contractor, in such events, shall cooperate with the utility service or
facility owner and the Engineer continuously until such damage has been repaired and
service restored to the satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility
service or facility due to his/her operations whether or not due to negligence or accident.
The contract owner reserves the right to deduct such costs from any monies due or which
may become due the Contractor, or his/her surety....
70-17 FURNISHING RIGHTS -OF WAY.
The owner will be responsible for furnishing all rights -of -way upon which the work is
to be constructed in advance of the Contractor's operations.
70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
In carrying out any of the contract provisions or in exercising any power or authority
granted to him by this contract, there shall be no liability upon the Engineer, his/her
authorized representatives, or any officials of the owner either personally or as an official
of the owner. It is understood that in such matters they act solely as agents and
representatives of the owner.
70-19 NO WAIVER OF LEGAL RIGHTS.
Upon completion of the work, the owner will expeditiously make final inspection and
notify the Contractor of final acceptance. Such final 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.
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The Contractor, without prejudice to the terms of the contract, shall be liable to the
owner for latent defects, fratid, 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.
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 theEngineer. The Engineerwill
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.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT.
The owner will not recognize any subcontractor on the work. The Contractor shall at
all times when work is in progress be represented either in person, by a qualified
superintendent, or by other designated, qualified representative who is duly authorized
to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be concurred
in by the surety, shall be presented for the consideration and approval of the owner, and
shall be consummated only on the written approval of the owner. In case of approval,
the Contractor shall file copies of all subcontracts with the Architect.
80-02 NOTICE TO PROCEED.
The notice to proceed shall state the date on which it is expected the Contractor will
begin the construction and from which date contract time will be charged. The
Contractor shall begin the work to be performed under the contract within 10 days of the
date set by the Engineer in the written notice to proceed, but in any event, the Contractor
shall notify the Engineer at least 24 hours in advance of the time actual construction
operations will begin.
80-03 PROSECUTION AND PROGRESS.
Unless otherwise specified, the Contractor shall submit his/her progress schedule for the
Architect'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 theEngineer'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 Architect 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.
80-04 LIMITATION OF OPERATIONS.
The° Contractor shall control his/her operations and the operations of his/her
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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 leas8 hours prior t
o commencement of such
R OPERATIONSAREA until so authorized
work. The Contractor shall not close an markin and associated lighting is in
by the Engineer and until the necessary temporary g
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:
As directed by the Airport Manager
80-05 CHARACTER OF WORKERS METHODS, AND EQUIPMENT.
The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting
the work to full completion in the manner and time required by the contract, plans, and
specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient
experience in such work and in the operation of the equipment required to perform the
work satisfactorily.
All equipment which is proposed to be used on the work shall be of sufficient size and
in such mechanical condition as to met requirements of the work and to produce a
satisfactory quality of work.
Equipment used on any portion of the work shall be such that no injury to previously
completed work, adjacent property, or existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the
work are not prescribed in the contract, the Contractor is free to use any methods or
equipment that will accomplish the work in, conformity with the requirements of the
contract, plans, and specifications.
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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 theEngineer: 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.
80-06 TEMPORARY SUSPENSION OF THE WORK.
The Architect 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 theEngineer, 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
Architect'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 theEngineer'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.
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80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME.
(W 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 Architect. 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 theEngineer 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 Architect's weeky statement. If no
objection is filed within such specified time, the weekly statement shall
be considered as acceptable to the Contractor.
III-44
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 Engineerl-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.
80-08 FAILURE TO COMPLETE ON TM IE.
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
III-45
(W- liquidated damages will be deducted from any money due or to become due the
Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but
shall be considered as liquidation of a reasonable portion of damages that will be incurred
by the owner should the Contractor fail to complete the work in the time provided in
his/her contract.
Permitting the Contractor to continue and finish the work or any part of it after the time
fixed for its completion, or after the date to which the time for completion may have
been extended, will in no way operate as a wavier on the part of the owner of any of its
rights under the contract.
80-09 DEFA T 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
i. For any other cause whatsoever, fails to carry on the work in an acceptable
manner.
Should the`Engineer consider the Contractor in default of the contract for any reason
(6W hereinbefore, he shall immediately give written notice to the Contractor and the
Contractor's surety as to the reasons for considering the Contractor in default and the
III-46
owner's intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not
proceed in accordance therewith, then the owner will, upon written notification from the
Engineer of the facts of such delay, neglect, or default and the Contractor's failure to
comply with such notice, have full power and authority without violating the contract,
to take the prosecution of the work out of the hands of the Contractor. The owner may
appropriate or use any or all materials and equipment that have been mobilized for use
in the work and are acceptable and may enter into an agreement for the completion of
said contract according to the terms and provisions thereof, or use such other methods
as in the opinion of the Engineer will be required for the completion of said contract in
an acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the
work under contract, will be deducted from any monies due or which may become due
the Contractor. If such expense exceeds the sum which would have been payable under
the contract, then the Contractor and the surety shall be liable and shall pay to the owner
the amount of such excess.
80-10 TERMINATION FOR NATIONAL El11"ERGENCIES.
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 Architect.
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
III-47
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
III-48
be of any size or type acceptable to the Engineer, provided that the body is of such shape
(W that the actual contents may be readily and accurately determined. All vehicles shall be
loaded to at least their water level capacity, and all loads shall be leveled when the
vehicles arrive at the point of delivery.
When requested by the Contractor 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.
I11-49
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and
paid for by weight shall be furnished, erected, and maintained by the Contractor, or be
certified permanently installed commercial scales.
Scales shall be accurate within one-half percent of the correct weight throughout the
range of use. The Contractor shall have the scales checked under the observation of the
inspector before beginning work and at such other times as requested. The intervals shall
be uniform in spacing throughout the graduated or marked length of the beam or dial and
shall not exceed one -tenth of 1 percent of the
nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of
spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator
and the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for
(W testing the weighing equipment r- 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
III-50
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 theEngineer. If revised dimensions result in
an increase or decrease in the quantities of such work, the final quantities for payment
will be revised in the amount represented 'by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT.
The Contractor shall receive and accept compensation provided for in the contract as full
payment for furnishing all materials, for performing all work under the contract in a
complete and acceptable manner, and for all risk, loss, damage, or expense of whatever
character arising out of the nature of the work or the prosecution thereof, subject to the
provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70.
When the "basis of payment" subsection of a technical specification requires that the
contract price (price bid) include compensation for certain work or material essential to
the item, this same work or material will not also be measured for payment under any
other contract item which may appear elsewhere in the contract, plans, or specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES.
When the accepted quantities of work vary from the quantities in the proposal, the
Contractor shall accept as payment in full, so far as contract items are concerned,
payment at the original contract price for the accepted quantities of work actually
completed and accepted. No allowance, except as provided for in the subsection titled
ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any
increased expense, loss of expecte. 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 theEngineer.'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 theEngineer'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
III-51
reimbursed for all actual costs incurred for the purpose of performing the omitted
contract item prior to the date of the Engineer's order. Such additional costs incurred
by the Contractor must be directly related to the deleted contract item and shall be
supported by certified statements by the Contractor as to the nature the amount of such
costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK.
Extra work, performed in accordance with the subsection titled EXTRA WORK of
Section 40, will be paid for at the contract prices or agreed prices specified in the change
order or supplemental agreement authorizing the extra work. When the change order or
supplemental agreement authorizing the extra work requires that it be done by force
account, such force account shall be measured and paid for based on expended labor,
equipment, and materials plus a negotiated and agreed upon allowance for overhead and
profit.
a. Miscellaneous.. No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no specific
allowance is herein provided.
b. Comparison of Record. The Contractor and the Engineer shall compare records
of the cost of force account work at the end of each day. Agreement shall be
indicated by signature of the Contractor and the Engineeror 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,
III-52
(W then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such
materials were taken from his/her stock, that the quantity claimed was actually used, and
that the price and transportation claimed represent the actual cost to the Contractor.
90-06 PARTIAL PAYMENTS.
Partial payments will be made at least once each month as the work progresses. Said
payments will be based upon estimates prepared by the Engineerof 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
WrIHHELD FUNDS of this section, no such 10 percent retainage shall be deducted.
When not less than 95 percent of 'he 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
III-53
contract, plans, and specifications and are delivered to acceptable sites on the airport
property or at other sites in the vicinity that are acceptable to the owner. Such delivered
costs of stored or stockpiled materials may be included in the next partial payment after
the following conditions are met:
a. The material has been stored or stockpiled in a manner acceptable to the Engineer
at or on an approved site.
b. The Contractor has furnished the Engineer with acceptable evidence of the
quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
d. The Contractor has furnished the owner legal title (free of liens or encumbrances
of any kind) to the material so stored or stockpiled.
e. The Contractor has furnished the owner evidence that the material so stored or
stockpiled is insured against loss by damage to or disappearance of such materials
at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the owner's payment for such
(W 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
II1-54
account and escrow agreement acceptable to the owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities
or bank certificates of deposit as are acceptable to the owner and having a value
not less than the 10 percent retainage that would otherwise be withheld from
partial payment.
C. The Contractor shall enter into an escrow agreement satisfactory to the owner.
d. The Contractor shall obtain the written consent of the surety to such agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT.
When the contract work has been accepted in accordance with the requirements of the
subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the
final estimate of the items of work actually performed. The Contractor shall approve the
Engineer's final estimate or advise the Engineer of his/her objections to the final
estimate which are based on disputes in measurements or computations bf the final
quantities to be paid under the contract as amended by change order or supplemental
agreement. The Contractor and theEngineer. 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 theEngineer'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 Architect'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
III-55
SECTION 100
IZ • • rX9419 W1914"010,09M
100.01 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:
Breach -or Contract TermSanctio . Contracts/subcontracts
ntain such contractual provisions or conditions which will- for
five, contractual, or legal remedies in ins where
contract violate or breach contract terms, and de for such
sanctions an allies as may be appropriate. plc clause is:
'Any violation or brea the terms s contract on the part of the
contractor/subcontractor ma u the suspension or termination of
this contract or such other ac ' h may be' necessary to enforce tha
rights of the parties of th' .=met..
2. Contract T ion. (For contracts in act of $10,000.) This
contract m on terminated by the grantee for or any other
condi ' or circumstances beyond the control of th ntractor.
T ation conditions, the manner by which it will be effect the
asis for settlement are as follows (enumerate conditions applicable
.—each contract).
3. Rights to Inventions -Materials. (For contracts or agreements involving
imported products, processes, methods, etc.) All.rights to inventions and
materials generated under this contract are subject to regulations issued by
the FAA and the recipient of the Federal grant under which this contract
is executed. Information regarding these rights is available from the FAA
and the grantee.
100.02 Clean 'Air and Water Pollution Control Requirements for All Construction
Contracts and Subcontracts Exceeding $100,000.
Contractors ind,Subcontrnctors Agree:
1. That any facility to be used in the performance of the contract or to be
benefit from the contract is not listed on the Environmental Protection
Agency (EPA) List of Violating Facilities.
III•-56
/�� ��`3
2. 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.
3. That as a condition for award for 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.
4. To include or cause to be included in any contract or subcontract which
exceeds $100,000 the aforementioned criteria requirements.
100.03 Access to Documents. Records, Etc.. Clauses for Construction Contracts and
Subcontracts as Indicated.
1. For nll cost -reimbursement type of contracts include:
The Administrator of the FAA and the Comptroller General of the United
States or an authorized representative of either shall be allowed access to
the contractor's records which are pertinent to the contract for the purpose
of accounting and audit.
2. For all negotiated contracts in excess of $10.000 awarded by a sponsor
include a provision that:
The sponsor, the FAA, the Comptroller General of the United States, or
any of their duly authorized representatives, shall be allowed access to any
books, documents, papers, and records of the contractor which are
directly pertinent to an ADAP project(s) for the purpose of making audit,
examination, excerpts, and transcriptions.
100.04 Bonding Clauses for Construction Contracts and Subcontracts in Excess of
$100,000,00,
1. The contractor agrees to furnish a Contract bond for 100 percent of
the contract price. This bond is one that is executed in connection
with a contract to secure fulfillment of all the contractor's obligations
under such contract.
2. The contractor agrees to furnish a Labor & Material bond for 100
percent of the contract price. This bond is one that is executed in
connection with a contract to assure payment as required by law of all
persons supplying labor and material in the execution of the work
provided for in the contract.
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NOTE: For contracts for $100,000 and less, local requirements should be m
100.00 et.
Air o Improvement Pro�rnn, P► „;o,.� _
The work in this contract is included in an AIP Project which is
being en
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 Development Act of 1982 (84 Stat. 219) 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
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.
100.06 consent to Asciot,ment.
The contractor shall obtain the prior written consent of the OWNER to an
Proposed assignment of any interest in or part of this contract. y
100.07 Veterans Preference,
(W 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 .n Section 515 c 1 and (2) of the Airport and
Airway Improvement Act of 1982. ()(
100.08 AA in cti n end Review.
The contractor shall allow any authorized representative of the FAA or
F.D.O.T.to inspect and review any work or materials used in the performance o
this contract. f
100.09 a ntract .
The contractor shall insert in each of his subcontracts the provisions contained in
Paragraphs 100.05, 100.07, and 100.08 of this section and also a clause requiring
the subcontractors to include these provisions in any lower tier subcontracts which
they may enter into, together with a clause requiring this insertion in any further
subcontracts that may in turn be made.
END OF SECTION 100
III-58
SECTION 110
INSURANCE REQUIREMENTS
110.01 1. The contractor will secure and "maintain in a company or companies
licensed to do business in the State of Florida", the following minimum
items of Insurance. The company or companies will have a "Best" rating
of at least:
(a)
A/Class I for contracts $250,000 or less
(b)
A/Class II for contracts to $250,000 to $500,000
(c)
A/Class III for contracts to $500,000 to $750,000
(d)
A/Class IV for contracts to $750,000 to $1,000,000
(e)
A/Class V for contracts to $1,000,000 to $1,500,000
(f)
A/Class VI for contracts to $1,500,000 to $2,500,000
r (g)
A/Class VII for contracts to $2,500,000 to $3,750,000
(h)
A/Class VIII for contracts to $3,750,000 to $5,000,000
(i)
A/Class IX for contracts to $5,000,000 to $7,500,000
0)
A/Class X for contracts to $7,500,000 to $12,500,000
(k)
A/Class XI for contracts to $12,500,000 to $25,000,000
2. Liability
Insurance shall include all major divisions of coverage and be on
a comprehensive basis including:
(a)
Premises -Operation (including X-C/U as applicable)
(b)
Independent Contractor's protective
(c)
Products and Completed Operations.
(d)
Personal Injury Liability
III-59
(e) Contractual - Including specified provision for Contractor's
obligations in contract if available.
(f) Owned, non -owned and hired motor vehicles.
(g) Broad Form Property Damage including Completed Operations.
(h) Umbrella Excess Liability if applicable.
3. Required Minimum Coverages and Limits:
(a) Comprehensive or Commercial General Liability (including
Premises -Operations; Independent Contractors' Protective;
Products and Completed Operations; Broad Form Property
Damage):
1. Bodily Injury and Property Damage Combined Single Limit
(CSL)
6,000,000 Each Occurrence/6,000,000 General Aggregate
2. Products and Completed Operations to be maintained for 3
years after final payment. Owner and Architect to be
included as Additional Insureds. - 6,000,000 Aggregate
3. Property Damage Liability Insurance shall provide X, C
and U Coverage.
4. Broad Form Property Damage Coverage .shall include
Completed Operations.
(b) Blanket Contractual Liability
1. Bodily Injury and Property Damage Combined Single Limit
(CSL) - 6,000,000 Each Occurrence
(c) Personal Injury - 6,000,000 Per Person
(d) Business Auto Liability (including owned, non -owned and hired
vehicles):
1. Bodily Injury and Property Damage Combined Single
Limits (CSL) 6,000,000 Each Occurrence or, Split Limits;
(a) Bodily Injury: 6,000,000 Each Person
III-60
6,000,000 Each Occurrence
(b) Property Damage: 6, 000, 000 each Occurrence
(e) Watercraft Liability (Owned and Non Owned Including P & I)
when applicable:
1. Bodily Injury & Property Damage
6,000,000 Each Occurrence
(f) Railroad Protective Liability when applicable
1. Bodily Injury and Property Damage Combined Single
Limit:
5,000,000 Each Occurrence
6,000,000 Aggregate
(g) Umbrella Excess Liability: Occurrence Form
Coverage provided under umbrella must follow coverage provided
in primary.
(h) Workers' Compensation:
1. State: Statutory
2. Applicable Federal (e.g., Longshoreman's & Jones Act)
Statutory
3. Employer's Liability: (Including Maritime if Applicable)
500,000 Per Accident
500,000 Disease - Each Employee
500,000 Disease - Policy Limit
110.02 INDEMNIFICATION
1. To the fullest extent permitted by law, the Contractor shall indemnify and
hold harmless the Owner, the Architect and the Engineer and their agents
and employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim, damage,
loss or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the
and (2) is caused in whole or in part by any negligent act or omission of
the Contractor, any Subcontractor, anyone directly or indirectly employed
III-61
by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this Paragraph.
2. In any and all claims against the Owner, the Architect, the Engineer or
any of their agents or employees by any employee of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification
obligation under Paragraph 1. above shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits
payable by or for the Contractor or any Subcontractor under workers' or
workmen's compensation acts, disability benefit acts or other employee
benefit acts.
3. The obligations of the Contractor under Paragraph 1. above, shall not
extend to the liability of the Architect or Engineer, his agents or
employees, arising out of (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, change orders, designs or
specifications, or (2) the giving of or the failure to give directions or
instructions by the Architect or Engineer, his agents or employees
provided such giving or failure to give is the primary cause of the injury
or damage.
END OF SECTION 110
III-62
SECTION 120
SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and
under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54).
The Contractor alone shall be responsible for the safety, efficiency and adequacy of this plant,
appliances, and methods of construction; and for any damages which may result from their
failure or their improper construction, maintenance or operations.
The Contractor will be required to comply with the latest edition of Advisory Circular No.
150/5370-2C "Operational Safety of Airports with Emphasis on Safety During Construction" as
contained in Division VII, attached hereto. In addition, the Contractor will be required tc
comply with all safety directives issued during construction, as the safety of aircraft and
personnel is very important. All safety considerations necessary will be performed prior to and
during the work performed in these areas, including but not limited to, using an approved type
of equipment, providing flagmen, period of time work is allowed, continuous communication
with airport operating personnel, coordination and approval of work to be done prior to
beginning, and an orderly completion of all work involved. A minimum of two vehicles
equipped with radio for communications with airport operating personnel will be required during
working hours at No Direct Payment. Should it be necessary to close a runway or taxiway in
order to perform any of this work, approvei shall be obtained at least two (2) days in advance
and any necessary temporary markings, barricades, etc. shall be placed on the runway and/or
taxiway prior to beginning the work with no additional compensation.
END OF SECTION 120
III-63
SECTION 130
WAGE AND LABOR REQUIREMENTS
130.01 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 such laborers and
mechanics, subject to the provisions of paragraph A. (4) of this section;
rre
also, regular contributions made or costs incud for more than a weekly
period (but not less oicen than quarterly) under plans, funds, or 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. Laborers or
mechanics performing work in more than one classification may be
compensated at the rate specified for each classification may be
compensated at the rate specified for each classification for the time
actually worked therein: PROVIDED, that the employer's payroll records
accurately set forth the time spent in each classification in which work is.
performed. The wage determination (including any additional
classification and wage rates conformed under paragraph 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 be easily seen by the workers.
2. (a) 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
III-64
conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe
benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested
is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(b) 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 renresentative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
office within the 30 day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB
Control Number 1215-0140).
(c) 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 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary. (Approved by
the Office of Management and Budget under OMB Control
Number 1215-0140).
III-65
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (2)(b) or (c) 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 plans or program. (Approved by the Office of Management and Budget
under OMB Control No. 1215-0140).
(W 130.02 WITHHOLDITTG:
The Federal Aviation Admi.:istration (FAA) shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor 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 or 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 in the site of the 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.
130.03 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.
III-66
three 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 29 CFR 5.5(a)(1)(iv)
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 cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management and
Budget under OMB Control numbers 1215-0140 and 1215-0017).
2. (a) The contras )r shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the FAA if the
agency is a party to the contract, but if the agency is not such a
party, the contractor will submit the 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 as
noted 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).
(b) 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:
III-67
(1) That the payroll for the payroll period contains the
information required to be maintained and that such
information is correct and complete;
(2) That each laborer or 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 wage's earned, other than
permissible deductions as set forth in Regulations 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated
into the contract.
(c) The weekly submission of a properly ekecuted certification set
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirements for submission of the "Statement of Compliance"
required by paragraph C. (2)(b) of this section.
(d) The falsifica�t"L n 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 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, afterwritten 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.
130.04 Apprentices and Trainees:
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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 90 days of probationary employment as an
apprentice in such an 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
work listed on a payroll at an apprentices 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 ic-:rneyman'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 apprentices 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 application 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 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
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formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job
(W site shall not be greater than 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 journeymen hourly rate
specified in the applicable wage determination. Trainees shall be paid in
full 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 on the wage determination
unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding
journeymen 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
(W 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.
130.05 Compliance with Copeland Act Requirement:
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
130.06 Subcontracts:
The contractor or subcontractor shall insert in any subcontracts the clauses
contained in preceding paragraphs of this section and such other clauses as the
Federal Aviation Administration may be 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.
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CFR 5.5.
130.07 Contract Termination: Debarment:
A breach of the contract clause in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR 5.12.
130.08 ComRliance 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 be reference in this contract.
130.09 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 or their representatives.
130.10 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 subcontract 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 the U.S. Criminal
Code, 18 U.S.C. 1001.
130.11 Contract Work Hours and Snfety Standnrds Act: (29CFR5.5(b))
The following clauses in paragraphs 1.,2.,3.,4., and 5, below, required by the
Contract Work Hours and Safety Standards Act, are applicable to this project, 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. '
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1. 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 workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless -such
laborer or mechanic received compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2. Violation: liability for unpaid wages: liquidated damages_. In the event of
any violation of the clause set forth in subparagraph (1) of this paragraph,
the contractor and any subcontractor responsible therefor 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
subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day or which such individual was required or permitted to work in excess
of the standard work week of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
3. Withholding for unpaid wages and liquidated damages. The Federal
Aviation Administre'.on 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 moneys 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 (2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this
section and also a cause requiring subcontractors 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 (1) through (4) of this section.
5. Working Conditions. No contractor or subcontractor may require any
laborer or mechanic employed in the performance of any contract to work
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Af 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.
130.12 Veteran's Preference
In the employment of labor (except in executive, administrative and supervisory
positions), preference shall be given to veteran 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.
END OF SECTION 130
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SECTION 140
NONDISCRIMINATION BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS AND SUBCONTRACTORS
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENT
140.01 Standard Federal Egual Employment Opportunity Construction Contract
Specifications (Executive Order 11246, ns 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 to
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" i;.cludes:
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 America, 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);
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
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include in each subcontract in excess of $10,000 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 are (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 total hours of employment and training of minority and
female utilization tic 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 office of Federal Contract Compliance
Programs office or from Federal Procurement contracting officers. The
contractor is expected to make substantially uniform progress in meeting
its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the contractor has a collective bargaining
agreement to refer either minorities or women shall excuse the
contractor's obligations under these specifications, Executive Order 11246,
as amended, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees must be
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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 sot ces, provide written notification to minority and
female recruitment sources and to community organizations when
the contractor or its unions have employment opportunities
available, and maintain a record of the organizations' 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, or
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 therefor along with
whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the
union or unions with which the contractor has a collective
bargaining agreement has not referred to the contractor a minority
person or woman sent by the contractor, or when the contractor
has other information that the union referral process has impeded
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the contractor's efforts to meet it obligations.
e. Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly include 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 compiled 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 at 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 anticipate doing business.
i. Direct its recruitment efforts, both oral and written, to minority,
female, and community organizations, to schools with minority and
'female students; and to minority and female recruitment area and
employment needs. Not later than one month prior to the date for
the acceptance of applicants for apprenticeship or other training by
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any recruitment source, the contractor shall send written
(W notification to organizations, such as the above, describing the
openings, screening procedures, and tests to be used in the
selection process.
j. Encourage present minority and 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
workforce.
k. Validate all tests and other selection requirements where there is
an obligation to do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation, at least of
all minorityand 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 non -segregated
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 supervisor's adherence
to and performance under the contractor's EEO policies and
affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations (7a
through p). The efforts of a contractor association, joint contractor -union,
contractor -community, or other similar groups of which the contractor is
a member and participant, may be asserted as fulfilling any one or more
III-78
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
workforce 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 goal for minorities and women has 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 underutilized).
10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color,
m► 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 CRF 60-4.8.
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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).
140.02 Contrnctor Contractual Requirements: During the performance of this
contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. COMPLIANCE WITH REGULATIONS.
The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2. NONDISCRIMINATION.
The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor shall
not participate either directly or indirectly in the discrimination prohibited
by section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in appendix B of the Regulations.
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3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING
PROCUREMENT OF MATERIALS AND EQUIPMENT.
In all solicitations either by competitive bidding or negotiation made by
the contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the
contractor's obligation under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. INFORMATION AND REPORTS.
The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access
to its books, records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal Aviation
Administration (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.
S. 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
subcontractor or procurement as the sponsor or the FAA may direct as a
means of enforcing such provisions, including sanctions for
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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.
140.03 Equgil Employment Opportunity Clause. During the performance of this
contract the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination, rates of 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 (see Section 140.04) 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 had a collective bargaining agreement or other contract or
understanding, a notice (see Section 140.04) 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
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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 paragraphs 1 through 7 in
every subcontract or purchase order unless exempted by rules,- regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246, as amended, of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action '.with respect to any subcontractor 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 b :tomes 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.
140.04 Notices 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
preconstruction conference.
140.05 Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246. As nmendedl
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 workforce in each trade
on all construction work in the covered area are as follows:
III-83
Timetables Goals for minority Goals for Female
,, participation for participation in
each trade trade
30.4% 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, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the
goals. The hours of minority and .female employment and training must
be substantially uniform throughout the length of the contract, and in each
trade, and the contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of
minority or 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 10 working days of award of any construction subcontract in excess
of $10,000 at any tier of construction work under the contract resulting
from this solicitation. The notification shall list the name, address, and
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 contract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the
"covered area" is Monroe County, Florida.
III-84
140.06
140.07
Required Reports.
1. Monthly Employment Utilization Reports. 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 preconstruction conference.
2. Annual EEO-1 R=ort. Contractors/subcontractors working on federally
assisted airport construction projects are required to file 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 30 days after award unless the contractor/subcontractor has
submitted such a report within 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 Joint Reporting Committee, 1800 G. St., N.W., Washington,
D.C. 20506. This report is required if a contractor or subcontractor
meets all of the following conditions:
a. Nonexempt. Con tractors/subcontractors are not exempt based on
41 CFR 60-1.5, and
b. Number of Employees. Has 50 or more employees, ,
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 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.
Requirement for Certification of Nonsegregated Facilities.
III-85
1. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED
CONSTRUCTION CONTRACTORS.
a. A Certification of Nonsegregated Facilities must be submitted prior
to the award of a federally assisted construction contract exceeding
$10,000 which is not exempt from the provisions of the equal
opportunity clause.
b. Contractors receiving federally assisted construction contract
awards exceeding $10,000 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 and are not exempt from the
provisions of the equal opportunity clause. NOTE: The penalty
for making false statements in offers is prescribed in 18 U.S.C.
1001.
2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF
REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED
FACILITIES.
a. A Certification of Nonsegregated Facilities must be submitted prior
to the award of a subcontract exceeding $10,000 which is not
exempt from the provisions of the equal opportunity clause.
b. Contractors receiving subcontract awards exceeding $10,000 which
are not exempt from the provisions of the equal opportunity clause
will be required to provide for the forwarding of this notice to
prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 and are not exempt from
the provisions of the equal opportunity clause.
CERTIFICATION
TO BE SUBMITTED
BY
FEDERALLY
ASSISTED CONSTRUCTION
CONTRACTORS
OF
APPLICANTS
AND THEIR
SUBCONTRACTORS
(APPLICABLE
TO FEDERALLY
ASSISTED
CONSTRUCTION
CONTRACTS
AND
RELATED
SUBCONTRACTS
EXCEEDING $10 000
WHICH
ARE NOT
EXEMPT FROM
THE EQUAL OPPORTUNITY
CLAUSE)
All bidders shall complete the Certification of Nonsegregated
Facilities of Division 1, Section E.
END OF SECTION 140
III-86
SECTION 150
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
The following bid condition apply to this Department of Transportation (DOT) and Federal
Aviation Administration (FAA) assisted contract. Submission of a bid/proposal by a prospective
contractor shall constitute full acceptance of these bid conditions.
150.01 DEFINITION
Disadvantaged Business Enterprise (DBE) as used in this contract shall have the
same meaning as defined in Paragraph 23.62 of Subpart D to 49 CFR Part 23.
150.02 POLTCY
It is the policy of FAA and DOT that DBE's as defined in 49 CFR Part 23 shall
have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. Consequently, the
DBE requirements of 49 CFR Part 23 apply to this contract.
150.03 OBLIGATION
The contractor agrees to ensure that DBE's as defined in 49 CFR Part 23 have
(W the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, all
contractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23 to ensure that DBE's have the maximum opportunity to compete for
and perform contracts. Contractors shall not discriminate on the bads of race,
color, national origin, or sex in the award and performance of assisted contracts.
150.04 . COMPLTANCE
All bidders, potential contractors, or subcontractors for this FAA and DOT
assisted contract are hereby notified that failure to carry out the FAA and DOT
policy and the DBE obligation, as set forth above, shall constitute a breach of
contract which may result in termination of the contract or such other remedy as
deemed appropriate by the owner.
150.05 SUBCONTRACT CLAUSE
All bidders and potential contractors hereby assure that they will include the
above clauses in all subcontracts which offer further subcontracting opportunities.
III-87
150.06 CONTRACT AWARD
Bidders are hereby advised that meeting the DBE subcontract goal or making an
acceptable good faith effort to meet said goal are conditions of being awarded this
FAA and DOT assigned contract.
The owner proposes to award the contract to the lowest responsive and
responsible bidder submitting a reasonable bid provided he has met the goal for
DBE participation or, if failing to meet the goal, he has made an acceptable good
faith effort to meet the established goal for DBE participation. Bidder is advised
that the owner reserves the right to reject any or all bids submitted.
150.07 DBE PARTICIPATION GOAL
The attainment of the goal established for this contract is to be measured as
a percentage of the total dollar value of the contract. The DBE goal
established for the contract is 10%.
150.08 AVAILABLE DBE'
The Owner has on file a DBE program which has been approved by the .Federal
Aviation Administration. The program contains a listing of DBE's (certified and
uncertified).. Bidders are encouraged to inspect this list to assist in locating
DBE's for the work. Other DBE's may be added to the list in accordance with
the owner's approved DBE's program. Credit toward the DBE goal will not be
counted unless the DBE to be used can be certified by the Owner.
150.09 CONTRACTOR'S REQUIRED SUBMISSION
The owner requires the submission of the following information with the bid.
The required forms are included in Division I, Section F.
DBE Subcontractors
Names/Addresses/Identity
Subcontract Work Item
III-88
Dollar Value of
Subcontract Work
Total Dollar Value of Subcontract Work
Total Dollar Value of Basic Bid
Total DBE Percent %
*(Black, Hispanic, Asian American, American Indian, and other economically disadvantaged).
If the contractor fails to meet the contract goal established in 150.07 above, the following
information must be submitted prior to contract award to assist the owner in determining whether
or not the contractor made acceptable good faith efforts to meet the contract goal. This
information (when applicable), as well as the DBE information, should be submitted as specified
in 150.09 above.
Suggested guidance for use in determining if good faith efforts were made by a contractor are
included in Appendix A to 49 CFR Part 23, Subpart 23.45(h), revised as of April 27, 1981.
A list of the efforts that a contractor may make and the owner may use in making a
determination as to the acceptability of a contractor's efforts to meet the goal as included in
Appendix A are as follows:
a. Whether the contractor attended any pre -solicitation or pre -bid meetings that were
scheduled by the recipient to inform DBE's of contracting and subcontracting
opportunities;
b. Whether the contractor advertised in general circulation, trade association, and
minority -focus media concerning the subcontracting opportunities;
C. Whether the contractor provided written notice to a reasonable number of specific
DBE's that their interest in the contract was being solicited in sufficient time to
allow the DBE's to participate effectively;
d. Whether the contractor followed up initial solicitations of interest by contracting
DBE's to determine with certainty whether the DBE's were interested;
e. Whether the contractor selected portions of work to be performed by DBE's in
order to increase the likelihood of meeting the DBE goal (including, where
appropriate, breaking down contracts into economically feasible units to facilitate
DBE participation);
f. Whether the contractor provided interested DBE's with adequate information
about the plans, specifications, and requirements of the contract;
g. Whether the contractor negotiated in good faith with interested DBE's, not
rejecting DBE's as unqualified without sound reasons based on a thorough
investigation of their capabilities;
h. Whether the contractor made efforts to assist interested DBE's in obtaining
bonding, lines of credit, or insurance required by the recipient or contractor; and
i. Whether the contractor effectively used the services of available minority
community organizations; minority contractors' groups; local and state Federal
Minority Business Assistance Offices; and other organizations that provide
assistance in the recruitment and placement of DBE's.
NOTE: The nine items set forth above are merely suggested criteria and the owner may specify
that you submit information on certain other actions a contractor took to secure DBE
participation in an effort to meet the goals. A contractor may also submit to the owner other
information on efforts to meet the goals.
150.10 CONTRACTOR ASSURANCE
The bidder hereby assures that he will meet one of the following as appropriate:
a. The DBE participation goal as established in 150.07 above.
b. The DBE participation percentage as shown in 150.09 which was
submitted as a condition of contract award.
Agreements between bidder/proposer and a DBE in which the DBE promises not
(W to provide subcontracting quotations to other bidders/proposers are prohibited.
The bidder shall make a good faith effort to replace a DBE subcontract that is
unable to perform successfully with another DBE subcontractor. Substitution
must be coordinated and approved by the owner.
The bidder shall establish and maintain records and submit regular reports, as
required, which will identify and assess progress in achieving DBE subcontract
goals and other DBE affirmative action efforts.
CERTIFICATE OF COMPLIANCE
The Director of Airports, Key West International Airport has on file a Disadvantaged Business
Enterprise Program which may be reviewed and inspected at any of the following locations:
(1) Director of Airports, Key West International Airport
(2) David Volkert & Associates, Inc.
The Monroe County Board of Commissioners intends to utilize and implement this program in
the awarding of this contract.
III-90
This is to certify that I have reviewed the plan, bid evaluation procedure, and DBE directory and
will make all reasonable efforts to include DBE Contractors as outlined in Section 150.
Bidders Signature
Title
Date
Notary Public
END OF SECTION 150
(W III-91
DIVISION IV
SPECIAL PROVISIONS
SP - 1 SCOPE OF WORK
SP - 2 SITE
SP - 3 SEQUENCE OF CONSTRUCTION
SP - 4 TIME OF COMPLETION
SP - 5 LIQUIDATED DAMAGES FOR DELAY
SP - 6 SAFETY PLAN FOR THE AIR OPERATIONS AREA
SP - 7 SECURITY
SP-8 PRE -CONSTRUCTION CONFERENCE
SP-9 GUARANTEE
SP - 10 PAYMENT FOR TESTS
SP - 11 INTERFERENCE WITH EXISTING UTILITIES, CABLES AND
CONTROLS, NAVAIDS, AND WEATHER BUREAU FACILITIES
SP - 12 TECHNICAL SPECIFICATION
SP - 13 PLANS
SP - 14 ENGINEER
SP - 15 WORK SCHEDULE
SP - 16 OWNER
SP - 17 ARCHITECT
SPECIAL PROVISIONS
1. SCOPE OF WORK - The work under this Contract consists of the removal of
existing chain link fence and gates furnishing and installation of new 6' chain link
security fence Class TE , with 3 strands of barbed wire, card readers, tele entry units,
swing gates, electrically operated slide gates and the associated electrical work to
power these facilities.
2. = - The project sites is Marathon Airport at Marathon, Florida and Key West
International Airport at Key West Florida. Both sites lie in Monroe County.
3. SEQUENCE OF CONSTRUCTION - After execution of the Contract, the
Contractor will be allowed up to 30 days to mobilize and procure materials. The
Notice to Proceed with the work will be issued no later than 30 days after execution
of the Contract. The Contractor may begin work at either airport site. All work at
the initial site must be substantially complete before the Contractor will be allowed
entry into the remaining airport site.
4. TIME OF COMPLETION - All work under the Contract shall be completed within
6 0 calendar days after the date of the Notice to Proceed.
5. LIQUIDATED DAMAGES FOR DELAY - The amount of liquidated damages for
delay to be assessed for each calendar day required to complete all work under the
Contract in excess of the number of calendar days specified in Article 4 of the
Special Provisions shall be $150.00 dollars per calendar day.
Sheet 1 of 11
6 SAFETY PLAN FOR THE AIR OPERATIONS AREA
The purpose of this special provision is to describe methods, procedures, rules and
authorities to be followed during the construction of this project. The Contractor's attention
is directed to the Department of Transportation Federal Aviation Administration Advisory
Circular 150/5370-2C appended to this document. Nothing contained in this special
provision supersedes or alters any content of Advisory Circular 150/5370-2C and its
references, neither do the contents of this special provision waive the duty of the Contractor
to adhere to all safety regulations of the Advisory Circular and its references and to all and
any other advisory material pertaining to Operational Safety On Airports With Emphasis
On Safety During Construction.
The contractor's attention is also directed to the following sections of the contract
documents that pertain to safety during construction. These requirements must be followed
and will be rigidly enforced.
Part 1 General Provisions
Part 1 General Provisions
Part 1 General Provisions
Plans Sheet No 2
6.2. T Objectives
Division III Section 40-05
Division III Section 70-06, 07, 08
Division III Section 80-04
General objectives that must be attained in order to minimize time and economic
loss to the aviation community, airline passengers, and the construction contractor are as
follows:
1) Maintain safety of aircraft operations.
2) Maintain safety of construction activities.
3) Minimize aircraft operations and construction activity conflicts.
4) Minimize flight operation delays.
5) Minimize delays to contractor activities.
6) Keep the airport operational for all user aircraft.
Sheet 2 of 11
63. Navigational Aids.
All navigational aids shall be protected during this construction. Should unplanned
or accidental shutdown of any navigational aid occur, the Contractor shall immediately
notify the Control Tower and the Airport Manager. The Airport Manager will then direct
repair procedures.
6.4. Trenches and/or Open Excavation.
No trenches or excavation will remain open when aircraft operations are conducted
within clearance zones specified in Advisory Circular 150/5370-2C except as permitted by
Advisory Circular 150/5370-2C and as authorized by the Manager.
6.5 Debris.
Construction debris, waste and loose material capable of causing damage to
aircraft or capable of being ingested in jet engines shall be removed immediately and
continuously from aircraft movement areas by the Contractor.
6.6. Storage of Equipment. Material or Excavation.
The Contractor shall not store materials in the Aircraft Operations Area. The
Contractor shall not place materials or park equipment in aircraft operational areas when
the equipment or material is not in use or about to be installed. Material or equipment in
use in operational areas must be placed or parked in a manner that will facilitate quick
removal to accommodate aircraft operations.
Vehicles and equipment parking and materials storage shall be not less.than 500 feet
from the centerline of active runways and 200 feet from active taxiway at Key West
International Airport. -
All vehicle and equipment parking and materials storage at Marathon Airport shall
be in the Contractor staging area shown on the Plans.
Stockpiled material shall be constrained to prevent movement resulting from aircraft
propeller and jet blast or wind conditions in excess of 10 knots per hour.
A regular inspection program will be performed by the Contractor and the Airport
Manager before commencing construction operations each work day, at the close of
construction operations each day and prior to resumption of aircraft operations in areas that
have been closed to aircraft to permit construction operations.
Sheet 3 of 11
At the end of each day's construction activities, an inspection will be made by the
(W Contractor and the Airport Manager to insure the safety of the airfield. Items to be
checked include:
a) Runways and taxiways clear of debris and accumulation of dust and/or mud.
b) Equipment, material, and vehicles removed from the aircraft operations area.
c) No open trenches or excavations in excess of 3-inches deep and no rough
grades within the safety zones.
d) Marking of closed taxiways and runways correctly and securely placed.
e) Temporary barricades removed and stored at a safe location.
f) Airport Manager and Control Tower informed of the planned construction
operations for the following day.
•III .1 -.
A positive communication system between the following will be required:
Airport Manager - Contractor
Airport Manager - Control Tower
Contractor - Control Tower
All of the Contractor's construction operations will be under the direction of
the Airport Manager. The Contractor shall promptly and faithfully comply with all orders,
both verbal and written, issued by the Manager. All instructions issued by the Air Traffic
Control Tower shall be obeyed promptly and faithfully.
Vehicles authorized to operate in the Key West International Airport AOA
must maintain two way radio contact with the Air Traffic Control Tower (ATCT). A
minimum of two contractor vehicles with radios shall be present, manned and operating at
all times construction operations are being conducted in the AOA.
Sheet 4 of 11
6.11 Trainin .
The Contractor shall acquaint his supervisors and employees with the airport
activities and operations that are inherent to this air carrier airport and he shall conduct his
construction activities to conform to all routine and emergency requirements and guidelines
on safety specified in special Provision No. 6 of the contract documents and FAA Advisory
Circular AC 150/5370-2C "Operational Safety On Airports During Construction".
6.12. Vehicle Identification.
All Contractor vehicles that are authorized to operate on the airport in the
designated construction area limits or on haul routes as specified on the plans and in the
aircraft operations area (A.O.A.) shall display in full view above the vehicle a 3' x 3' or
larger orange and white checkerboard flag, each checkerboard color being a 1' square. Any
vehicle operating in the AOA during the hours of darkness shall be equipped with a flashing
amber (yellow) dome type light, mounted on top of the vehicle and of such intensity to
conform to Advisory Circular AC 150/7320-2C and local codes for maintenance and
emergency vehicles. All Contractor's vehicles and equipment shall display the company logo
and/or name.
6.13. Closures.
No runway, taxiway, taxilane, apron or airport roadway shall be closed without
written approval of the Airport Manager. A minimum of 48 hours notice of any requested
closing shall be directed to the Airport Manager, who will coordinate notices to tenants and
notams.
6.14. Fire Safe
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.
All vehicles operating in the AOA will be operated in a safe manner. The maximum
speed on aircraft parking ramps or anywhere when in the proximity of an aircraft is 10 mph.
The maximum speed on runways and taxiways is 30 mph unless requested to expedite by the
tower. No one under the influence of alcoholic beverages or drugs will be allowed in the
AOA.
Sheet 5 of 11
6.16. Physical Barriers.
When vehicles are required to operate in the AOA, their limits of operation may be
marked with clearly visible saw -horses or barricades. These physical barriers will be
supplied in accordance with the details shown on the Plans, erected and maintained by the
Contractor and placed in locations specified by the Airport Manager. Physical barriers shall
be heavy enough or anchored so as to withstand jet or propeller blast from taxiing aircraft
and shall be equipped with clear and properly functioning lights after dark.
6.17. Administration.
Prior to commencing construction under this contract the Airport Manager will be
furnished the names and home telephone number of the Contractor and all key supervisory
personnel on the job.
At the preconstruction meeting, the Airport Manager will outline other applicable
requirements, such as gates to use, roads to use, use of barricades, etc.
Ol R'
7.1. 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 C.S.O. shall represent the Contractor on the security requirements of the Contract.
The Committee shall be established by the Airport Manager concurrent with the life
of this Contract to monitor, coordinate and adopt new security procedures relating to this
Contram Meetings shall include the C.S.O., the Manager and such other personnel as the
Airport Manager may designate.
The C.S.O. shall be responsible for briefing all Contractor personnel on security
requirements and other security provisions adopted by the Construction Security Committee.
All new contractor employees shall be briefed on these requirements prior to entering the
construction area.
Sheet 6 of 11
7.4. 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 Airport Manager. All contractor traffic authorized
to enter the site shall be operated by personnel experienced in the route or guided by
experienced Contractor personnel. The Contractor shall be responsible for the 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 Manager or Director.
7.5. 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.
7.6. Contractor's Staging Area Limits
The material storage area, equipment storage area, vehicle parking area and other
areas required for the Contractor's exclusive use during construction shall be clearly
demarcated. The Contractor shall erect and maintain around the perimeter of these areas
suitable fencing, marking and/or warning devices visible for day/night use.
7.7. 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 C.S.O. 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.
•0 • t
The Contractor's onsite personnel shall be badged with i.d. badges provided by the
Contractor. The Contractor shall provide to the Airport Manager a five-year employee
history verification on all supervisors. All supervisors shall be required to attend an
orientation training seminar presented by Airport Management personnel. All other Non -
Supervisory personnel of the Contractor and his subcontractors shall be issued construction.
work security badges supplied by the Contractor.
Sheet 7 of 11
The Contractor shall maintain a master list of personnel issued badges and it shall be
available for examination during construction hours. All personnel shall wear the badges
on their outermost garment at all times while in the aircraft side operations area.
Responsibility for supply issuance, and control of identification badges shall be that of the
Contractor.
7.9. Airport Manager.
All work on the Marathon Airport shall be unde
r
After the award of the contract and prior to the issuance of the "Notice to Proceed",
a pre -construction conference will be held between the Contractor, members of the Federal
Aviation Administration, and the Airport Administrators. The time and place of this
conference will be set by the Airport Manager after the contract award.
The Contractor shall bring to this conference a proposed work- schedule prepared in
a graphic form to show start and end times of each phase and work process of the project,
r and a list showing emergency persons and telephone numbers.
Prior to the conference the Contractor will be furnished a list of any other items to
be discussed.
ffe"K I_M . 0-M-
The Contractor shall guarantee all material and workmanship under this contract for
a period of one (1) year from the date of final acceptance by the Owner. The Contract
Bond shall be written to be in force during this guarantee period. Upon notice of any such
defects in writing, the Contractor shall at his own expense, make the necessary repairs or
replacement of the defective work and bear all costs associated with such work.
am' , mUV1_ a • r C�-V 71,
Tests for earthwork compaction, concrete strength, etc. will be performed by a testing
laboratory at the expense of the Owner. All repeat tests in areas of failed tests shall be
paid by the Contractor.
Sheet 8 of 11
11 INTERFERENCE WITH EXISTING UTILITIES, CABLES AND CONTROLS,
NAVAIDS. AND WEATHER BUREAU FACILITIES
11.1. There are installed at the Airport and within the site, without limitation;
existing utilities, cables and controls, FAA NAVAIDS such as ASR, UHF and VHF
receivers and transmitters, and U.S. Weather Bureau Facilities. Such existing utilities, cables
and controls, NAVAIDS, and Weather Bureau Facilities are vital to the operation and safety
of the airport and shall be fully protected from all possible damage due to crossing
excavations, by equipment and other construction activities for the entire work of this
Project.
11.2. Before commencing work in any given area, the Contractor shall thoroughly
review the Plans; survey and search the Site; contact the FAA, WB & utility companies; and
perform all investigations necessary to locate existing utilities, cables and controls,
NAVAIDS, and Weather Bureau Facilities, and he shall identify potential areas of conflict
with proposed construction operations. The Contractor shall, after locating primary and
critical services runs, mark their location with stakes, indelible material or other means
approved by the Airport Manager, and maintain above ground physical identification of such
runs during the progress of the Work.
113. Work under this Contract occurring in the vicinity of these services shall be
accomplished only at approved periods of time. Approval is subject to withdrawal at any
(W time due to changes in the weather, emergency conditions, and for any other reason
determined by the Airport Manager. All instruction to the Contractor by the Airport
Manager, the Federal Aviation Administration, or by any Authority authorized by them to
clear a given area, at any time, by any means including radio, shall be immediately executed.
Work shall resume in the cleared area only when such authorization is issued by the Airport
Manager.
11.4. The Contractor shall be required to keep on the Job Site at all times, an
electronic detector capable of locating metallic service runs. This detector shall be used in
performing search and confirming locations of all underground services prior to commencing
work.
11.5. Hand excavation shall be used to locate all existing underground utilities,
cables and controls, NAVAIDS, and Weather Bureau Facilities.
12 TECHNICAL SPECIFICATION.
The Technical Specifications (Specifications) for this Contract are based on the FAA
Standards for Specifying Construction of Airports (AC 150/5370-10) (Standard
Specifications) with modifications to adapt the Standard Specifications to the requirements
of this Contract.
Sheet 9 of 11
IM
13 PLANS.
The following listed plan sheets comprise the Plans for this Contract.
INDEX OF DRAWINGS
SHEET NO. DESCRIPTION
1 Cover Sheet
(W 2 Summary of Quantities and Safety and Security Notes
3 Project Layout Plan for Marathon Airport
4 Project Layout Plan for Key West International Airport
Iq
5 Fence Layout Plans for Marathon Airport
6 Fence Layout Plan for Key West International Airport
7 Electrical Slide Gate Details
8 Fencing Details
Sheet 10 of 11
14 ENGINEER.
The Engineer for this Contract is Greiner, Inc. 5808 N.W. 11th Street, Suite 340,
Miami, F1 33126. The Engineer will not provide full time resident inspection. In these
documents any reference to the Engineer, for action required during the construction phase
shall be interpreted to mean the Airport Manager. The Airport Manager will refer to the
Engineer for response, such matters as he may elect.
15 WORK SCHEDULE.
A minimum of one week prior to the preconstruction conference, the contractor will
be required to submit, in writing, his proposed construction schedule for review and
approval by the Airport Manager. The schedule shall include number of personnel, type of
equipment, date construction will commence, estimated date, and/or number of days to
complete each phase.
The Contractor's construction schedule shall be prepared considering the various
conditions outlined herein, but it will be subjected to modifications during construction if
necessary to keep interference with the airport operations to the minimum possible.
The contractor shall make his own estimate of the inherent difficulties involved in
completing the construction under the conditions described herein and shall not make any
claims for additional compensation for delays, increased cost, or any reason, due to
completing the required work in the manner described below or as directed.
16 OWNER
The Owner under this Contract is the Monroe County Board of Commissioner.
17 ARCHITECT
Any reference to the Architect('s) in these Documents shall be interpreted to read
the Engineer('s), as defined in Article 14 of these special Provisions.
Sheet 11 of 11
ITEM P 101 MOBILIZATION -Supplement
The work to be performed under the classification of Mobilization shall be in accordance
with the FAA Standards for Specifying Construction of Airports Item P-101 with the
following modifications:
None
P-101-is
ITEM P-101 MOBILIZATION
101-1 DESCRIPTION
101-1.1 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 a uipment and first aid supplies, sanitary and other facilities,
as required by these Speications, 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.
101-2 BASIS OF PAYMENT
101-2.1 The work and incidental costs covered under this item will be paid for at
the Contract lump sum price for the item of Mobilization.
Payment shall be made under:
Item P-101-2.1 Mobilization —per lump sum
Partial payments will be made therefore in accordance with the following:
PERCENT OF ORIGINAL
CONTRACT AMOUNT
EARNED
5 %
10 %
25 %
50 %
ALLOWABLE PERCENT
OF THE LUMP SUM
PRICE FOR THE ITEM "
25 %
50 %
75 %
100 %
Partial payments for any roject 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
P-101- 1
ITEM F-162 - CHAIN -LINK FENCES
162-1 DESCRIPTION
162-1.1 This item shall consist of furnishing and erecting a chain -link fence in
accordance with these specifications and the details shown on the Plans and in
conformity with the lines and grades shown on the Plans or as directed by the Engineer.
162-2 MATERIALS
162-2.1 FABRIC. The fabric shall be woven with a 9-gauge galvanized steel wire
in a 2-inch mesh and shall meet the requirements of ASTM A 392, Class H.
162-2.2 BARBED WIRE. Barbed wire shall be 2-strand 12-1/2 gauge zinc -coated
wire with 4-point barbs and shall conform to the requirements of ASTM A 121, Class 3.
162-23 POSTS, RAILS AND BRACES. Posts, rails, and braces furnished for use
in conjunction with zinc -coated steel fabric or with aluminum -coated steel fabric shall
be of zinc -coated steel or acrylic -coated steel pipe, and those furnished for use in
conjunction with aluminum alloy fabric shall be aluminum alloy.
Line posts, rails, and braces shall be galvanized steel pipe conforming to the
requirements of ASTM F 1083.
The dimensions of the posts, rails, and braces shall be in accordance with Tables I
through VI of Fed. Spec. RR-F-191/3.
162-2.4 GATES. Gate frames for pedestrian gates shall consist
of galvanized steel pipe and conform to the specifications for the
same material under paragraph 162-2.3. The fabric shall be of the
same type material as used in the fence. Sliding gates shall be as
detailed on the plans.
162-2.5 WIRE TIES AND TENSION WIRES. Wire fabric ties, wire ties, and
tension wire for use in conjunction with a given type of fabric shall be of the same
material identified with the fabric type. The tension wire shall be 7-gauge coiled spring
wire coated similarly to the respective wire fabric being used.
Wire fabric ties shall be hog rings, aluminum wire, or galvanized steel wire not less than
9 gauge.
All material shall conform to Fed. Spec. RR-F-191/4.
F-162 - 1
162-2.6 MISCELLANEOUS FITTINGS AND HARDWARE. Miscellaneous steel
fittings and hardware for use with zinc -coated or aluminum -coated steel fabric shall be
of commercial grade steel or better quality, wrought or cast as approJ)riate to the
article, and sufficient in strength to provide a balanced design when used in conjunction
with fabric posts, and wires of the quality specified herein. All steel fittings and
hardware shall be protected with a zinc coating applied in conformance with ASTM A
153. Miscellaneous aluminum fittings for use with aluminum alloy fabric shall be
wrought or cast aluminum alloy. Barbed wire support arms shall withstand a load of
250 pounds applied vertically to the outermost end of the arm.
162-2.7 CONCRETE. Concrete shall be of a commercial grade with a minimum
28-day compressive strength of 2500 psi.
162-2.8 MARKING. Each roll of fabric shall carry a tag showing the kind of base
metal (steel, aluminum, or aluminum alloy number), kind of coating, the gage of the
wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire,
and other fittings shall be identified as to manufacturer, kind of base metal (steel,
aluminum, or aluminum alloy number), and kind of coating.
162-2.9 SLIDING GATE OPERATOR. Each slide type electric operator shall be
built into a compact unit consistingg of an instantly reversing motor, aprecision-made
speed reduction mechanism with "V" belt and pulleys, a safety friction disc clutch, an
emergency release, a fully automatic double acting limit switch and a heavy duty crank
and connecting arm assembly and weatherproof cover.
The motor shall have ample reserve power to take occasional overloads.
All gears in the speed reduction mechanism shall be cut gears. Shafts and gears shall be
mounted with long -life bearings enclosed in oil -tight housing and operate at all times in
grease. The automatic limit sv�ntch which stops the gate in the desired open or closed
position shall be built on this reduction unit.
The operating levers shall consist of a heavy duty crank and connecting arms. The
operator unit shall produce the harmonic motion pnnc. al of operation that will start in
a gradual manner with high torque increasing to a rapid speed in the middle of the cycle
of travel, then gradually slowing down to the stop position. The arms shall be in a
locked position. The crank arm shall be driven by a safety friction disc clutch which
shall protect personnel and equipment in case the gate comes in contact with an
obstruction. A disconnection device shall be provided to allow manual operation.
F-162 - 2
The electric gate operator shall be designed for outdoor installation. The operator
shall be mounted to an upright channel which is embedded in a concrete base. Each
gate shall have its own operator. The operator shall also be tied to a code control unit
and loops in the roadway; see Detail Sheet. The &ate operator shall be Stanley, Model
No. 550-4, 240 volts, single phase with a Stanley Time Delay System or approved equal.
Equipment for code control and vehicle loop detection shall be compatible with the
gate operator and time delay system and shall be self contained in the operator housing.
The code control shall be of goose neck stand design with digital keyless entry within a
weatherproof sealed unit. The bottom panel shall be protected by an extended weather
shield. The code control housing shall be mounted on a 2" square, 10 gauge steel
curved stand, finished in 'Black" baked enamel.
162-3 CONSTRUCTION METHODS
162-3.1 CLEARING FENCE LINE. All trees, brush, stumps, logs, and other
debris which would interfere with the proper construction of the fence in the required
location shall be removed a minimum width of 2 feet on each side of the fence
centerline before starting fencing operations. The material shall be removed and
disposed of off site and shall not constitute a pay item and shall be considered
incidental to fence construction.
162-3.2 INSTALLING POSTS. All posts shall be set in concrete at the required .
dimension and depth and at the spacing shown on the Plans.
The concrete shall be thoroughly compacted around the posts by tamping or vibrating
and shall have a smooth finish slightly higher than the ground and sloped to drain away
from the posts. All posts shall be set plumb and to the required grade and alignment.
No materials shall be installed on the posts, nor shall the posts be disturbed in any
manner within 7 days after the individual post footing is completed.
Should rock be encountered at a depth less than the planned footing depth, a hole 2
inches larger than the greatest dimension of the posts shall be drilled to a depth of 12
inches. After the posts are set, the remainder of the drilled hole shall be filled with
grout, composed of one part portland cement and two parts mortar sand. Any
remaining space above the rock shall be filled with concrete in the manner described
above.
In lieu of drilling, the rock may be excavated to the required footing depth. No extra
compensation shall be made for rock excavation.
162-3.3 INSTALLING TOP RAILS. The top rail shall be continuous and shall
pass through the post tops. The coupling used to join the top rail lengths shall allow for
expansion.
162-3A INSTALLING BRACES. Horizontal brace rails, with diagonal truss rods
and turnbuckles, shall be installed at all terminal posts.
F-162 - 3
162-3.5 INSTALLING FABRIC. The wire fabric shall be firmly attached to the
posts and braced in the manner shown on the plans. All wire shall be stretched taut and
shall be installed to the required elevations. The fence shall generally follow the
contour of the ground, with the bottom of the fence fabric no less than 1 inch or more
than 4 inches from the ground surface. Grading shall be performed where necessary to
provide a neat appearance.
At locations of small natural swales or drainage ditches and where it is not practical to
have the fence conform to the general contour of the ground surface, longer posts may
be used and multiple strands of barbed wire stretched thereon to span the opening
below the fence. The vertical clearance between strands of barbed wire shall be 6
inches or less.
162-3.6 ELECTRICAL GROUNDS. Electrical grounds shall be constructed where
a power line passes over the fence and at 500-foot intervals. The ground shall be
installed directlybelow the point of crossing. The round shall be accomplished with a
copperclad rod8 feet long and a minimum of 5/ inch in diameter driven vertically
until the top is 6 inches below the ground surface. A No. 6 solid copper conductor shall
be clamped to the rod and to the fence in such a manner that each element of the fence
is grounded. Installation of ground rods shall not constitute a pay item and shall be
considered incidental to fence construction. Location of installed ground rods shall be
recorded by the Contractor on the Project "As -Built" Drawings.
1624 METHOD OF MEASUREMENT
1624.1 Chain -link fence will be measured for payment by the linear foot.
Measurement will be along the top of the fence from center to center of end posts,
excluding the length occupied by gate openings.
Gates will be measured as complete units.
162-5 BASIS OF PAYMENT
162-5.1 Payment for chain -link fence will be made at the contract unit price per
linear foot.
Payment for driveway or walkway gates will be made at the contract unit price for each
gate.
The price shall be full compensation for furnishing all materials, and for all
preparation, erection, and installation of these materials, and for all labor equipment,
tools, and incidentals necessary to complete the item.
F-162 - 4
Payment will be made under:
Item F-162-5.1
6' Galvanized Type "B" Chain -Link Fence with 3-
Strand Barbed Wire, Top Rail and Bottom Tension
Wire --per linear foot
Item F-162-5.2
12' Aluminum Cantilever Slide Gate with Card
Reader, Control Unit, Sensor Loops Opener Unit,
Bollards and All Other Related Work and
Equipment, Complete In -Place _ _ per each
Item F-162-5.3
14' Aluminum Cantilever Slide Gate with Card
Reader, Control Unit, Sensor Loops Opener Unit,
Bollards and All Other Related Work and
Equipment, Complete In -Place _ _ per each
Item F-162-5.4
16' Aluminum Cantilever Slide Gate with Card
Reader, Control Unit, Sensor Loops Opener Unit,
Bollards and All Other Related Work and
Equipment, Complete In -Place _ _ per each,
Item F_-162-5.5.
3' Aluminum Pedestrian Gate with Electric Strike,
Card Reader and Telephone Entry Unit, Complete
In -Place _ _ per each
Item F-162-5.6 10' Galvanized Single Leaf Swing Gate _ _ per each
Item F-162-5.7 12' Galvanized Swing Gate (Double Leaf) __ per each
162-6 MATERIAL REQUIREMENTS
ASTM A 121
ASTM A 392
ASTM F 1083
Fed. Spec. RR-F-191/3
Zinc -Coated (Galvanized) Steel Barbed
Wire
Zinc -Coated Steel Chain -Link Fence
Fabric
Pipe, Steel, Hot -dipped Zinc -coated
(galvanized) Welded, for Fence
Structures
Fencing, Wire and Post, Metal (Chain -
Link Fence Posts, Top Rails and Braces)
F-162-5
Fed. Spec. RR-F-191/4 Fencing, Wire and Post, Metal (Chain -
Link Fence Accessories)
END OF ITEM F-162
F-162-6
APPENDIX - I
Advisory Circular 5370-2C
OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION
0
,1
===b^rron
Advisory
Circular
�`ed y 1/AC No: 150.'S3 7 0-ZC
�jedlOPERATIONAL SAFT09 AIRPORTS i2tdLAS-300 Q' '
DURING CONSTRUCTION
PURPOSE. This advisory circular (AC) sets forth ui alines concernina
i. oonstruc
the op onal safety on airports 9, Certification
operators in ooeplying with Part 139�
Certlfiostion and Operation: Land
Airports Serving Certain Air Carriers, of the Federal Aviation Regulations
(FAR)s and with the requirements of Federally -funded ooagment of personnel,
Construction activity is defined as oculthe presence and movement of pe
equipment g and saterials In guy
location which
movement of aircraft* To u airportsandairportso+rit'�eno
help
mainta
grant agreements, application of these provis�i�swoflonatruetiorin the
desired level of operational safety during Pa
} 7. CAHCEL1dTION. AC 150/53TO-01 OperatiOnA l Safety on Airports Witheeled.
can
taphasia oa Safety During Constructions dated October 9*1981,
3. RELATED READZHG MATERIAL• All Aviation erences cited Adainistratloneroin (FAA)are available
regional
for inspection is any Federal
office.
d by the
a.. nt of
The Federal Aviation Regulations Federal A iatioalltegulations ourrenteedi-
Documents (AC 00-brStatus and ordering instructions).
• tioas apntaina a price
b. AC 150/5370.10� Standards for Specifying Construction of Airports,
is also sold by the Superintendent Of p cauesinnties�trnctions)dvisory Circe=er
Cbeeklist, ourre,at editions o0
b. BACKGROUND. Various We which dstail all "Jor elemeH�everof �opera-
�ftiaisnt airport design and Construction are available. airports soy be degraded by construction hazards ormadg._
tional safety on
jai conditions that develop after an airport has been opened or appo
for operation. This AC addresses that problem. NOTE: Airports which have
received Federal assistance (gr'ant&$ real or personal property) and air -
received ed F*dioatsd wrier FAR Part 139 bave mandatory requirements relsted
portsto this subject.
5i=1104
AC 150/5370-2C
NOW 5- GENERAL.
M. The airport Cps rator is responsibletificated for
fulandlwithpthence with provisionsecfeFe?eral
Dents of FAR Part 139 for licable, ldherenee to the following provisions will
grant agreements when aPp level of
y requirtd-materially assiat the airport operator ai exoertise toeassist airport toperators in
Local FAA Airports offices hae technical
1experti Address List for Regional
all safety matters on airports.
Airports Divisions and Airports District/Field Offices, current edition; 1r-
for e
b. Each bidding document (construction plans and/or specifications*
port development work or sisho ldaation incorporatefacility
sectionDonisafetymon airY°r`s
aircraft operational areas ivity• The section, as a minimum, should icntei the
during the construction act
appropriate provisions outlined in appendix 1 to .this AC. -
e. The airport operator should pay particular attention to the pullback
r any maintenance activities and emergencies that occur
distances and clearances fo
on airports. These include activities which involve maintenance as *quipmncyandbysu b as
opwing machines, snowplows, lighting eQv P�n
firefighting and rescue eQuipmeat.
y. d. Where feasible and where oPeratigasyadjacentatoeconstructionrport
operator any choose to keep open operational
activity during construction rather than close them to aircraft activity.
.. �Q6pre-
e. At airports that are undergoing a multi -year major redevelopmbnt. a
r plan may c:.n�.s:n
bensive Construction safety Plan should be developed. This AC eta
deviations from the criteria outlined in appendlz 1 of thin AC so long as they are
based upon a commitment by the airport operator and the anduseraircraftto vide within�tsr..aexi-
mum clearances possible
il between
conditions*
'ITon limits imposed by
6. COORDINATION OF AIRPORT OOIISTRUCTI0NirarattACTIVITIES-
operationalConstruction
oractivities
navigableon an
sirportg in proximity tog or affecting a
airspace, should be coordinated with the FAA �and procedures should tbe initiating'
such activities. in addition, basic responsibilitiespersonnel prin airport procedures
developed and disseminated to instruct construction
and for monitoring construction *etideratiOns shouldbeconformance
intthetearliest
*onto. These and other Safety considers
stages of project formulation and incltPoareas reQuirinBtOd In the nsPecislPattention oty•the
Construction areas located within safety y Sect plans. The airport operator
contractor should be clearly delineated on the pro.
should closely monitor oonstruction actty throughout its diration to ensure con-
tinual oompliance with safety requirements-regu-
a. Formal Notification. A formal notification to the
!►; is Notioeeofby
projects- For instance, FAR Par- 57,
lation for certain airport p j
Construction, alteration, Activation, and Deao*`llyifundedaproject�requires a
involves the
FAA be notified in writing whenever a non-Fed(W
j .lT 5
E
AC 15oi.5370-2C
5/31/81
altering, get:vatirg,
the eoastruotion, realigning, and the deac-
construction of a Dow airport; airport; or associated to%iw&Y: su5-
or abandoning of a runway, landing strip, is eating or abandoning of an entire airport. Forrnal to thennearesteFAA
ti FAA Form 7gg0-1t Notice of Landir4 Are oe ptilisat:or.
sittingce. Airspa
district office or lAAP��e� 1CoefisLructions&Iterations Activiatioa an3ar �s of
Coasiderstions in any person proposing Y
bsaetivation of Airporta, Current edition.) feetAlsovi able airepaCe, as de'ined in
construction or alteration of objects that affect is required to notify the FAA.
FAR part 779 Objects Affecting Navigable Ai" Pa should be us!d for
FAA Form 7A60-1s Notice of Proposed ConssduConst,ructioneortAlteration of Objects
this purpose- (See AC ?gable Ai Trope rrent edition.)
That May Affect the Navigable Airspace, Current 4 prebid
ing and AQCCmpllahment. Tredesign, preco
b. Work Schedulaatrucilon� an
Conferences provide excellent opportunities ��i:°diproi�Qdsu13ncludingect of atheospor.-
operational safety during oonatruotion. i� requirements
sorts engineer and Contractors should integrate operational safety req
and work schedules as early as practical. Also, weapon=
into their, planning and compliance
sibilitiss should be clearly esLablishe0 for continuous monitoring detectto istxertion
with the requirements assigned and for vigilance
. When constructionis be=46
due to oversight or altered oonstruetio
planned on FAR Part 139 oertlfioated arectlyirportsInvolved t the 'atnall lstages, fromfpre
(certification)f nsnspector should be direoL y
design through
a. Safety Considerations•
The following is a partial list ofasafety
siderations which con -
experience indicates will need attention during
ooastruction.
n of standard operating procedures for aeronautical
(1) Minimum disruptio
activity.
frog firefighting and rescue stations to active airport.
(Z) Clear routes
operations areas and aafsty areas•
suthority to change safety -oriented aspects
(3) Chain of potifioation and
of the construction plan.
A) Initiailons currency, and oanoellation of Notice to tirs+en (NO:AM's)•
(5) suspension or restriction of aircraft activity on airport operations
areas.
(6) Threshold displacement and appropriate temporary lighting and narking.
(7) installation and paint airPortnce of temporary operatioasiareas� and marking for
eloped or diverted aircraft routes
to) gevised Vehicular 000trol procedures or additional eau:peent and
manpower.
1
Marking/lighting 'of construotion equipsrent.
(9)
W
Par 6
5/1J !8:.
AC 150/5370-2C
(W (10) Storage of eodstruction equipment and materials whew, Act in use.
(11) Designation of responsible representatives of ail involved parties end
their availability.
(12) Location or oonstruction personnel perking and transportation to and
from the work site.
(13) Narking/ligh�n8 of construction areas.
• (9) Location of construction offices.
(15) Location of.00ntractor's plants.
(16) Designation of waste areas and disposal.
(17) Debris cleanup responsibilities and schedule.
(18) Identification of construction personnel and equipment.
(19) Location of haul roads.
(20) Security control on temporary sates and relocated fencing.
(W. (21). Noise Pollution'
. (22) Blaatieg rag ulstion and control-
(23) Dust control.
(24) Location Of utilities.
(25) Provision for temporary utilities and/or immediate repairs in the
event of disruption.
(26) Location of power and control lines for electronic/Tiaual navigationa
aids.
.(27) Additional security measures required if FAR Part 107, Airport
Security) is involved.
(28) Marking
and lighting of closed airfield pavement areas.
(29) Coordination of construction activities during the winter with airpor
anon reaoval plan.
(30) phasing of work.
(31) Shutdown and/or protection of airport electronic/visual navigational
aids.
4
AC 150i53%U••"'C
-5131/84
(32) Smoke, steaa, gnd vapor, controls.
(33) Notify crash/flare/reacye pe
rsonnel when working on water 11c.e�
Provide traffid directors/wing walkers, etc.,, as needed to aa3u'e
clearance in construction areas.
d. Guidelines for Proximit of ConstruXL;oirecforitr usetinAthe preparationn0
♦r*as. The guidelines contained in appends
laps and specifications when activities are should conducted
D interfere with aircraft op
Lions which may
needs of a particular project and should not be incorporated verbatim into project
specifications.
EXAMPLES OF HAZARDOUS AND MARGINAL CONDITIOtiS. Analyses of past accide:s:s and
7.incidents have identified as contributory hazards and conditions. A rEprese- tative list follows:
a. Excavation adjacent to runways, taxiways, and aprons.
b. Mounds or Stockpiles Of earth, ootucion tareas,andtemporary
approachtzsnesr
and other obstaclesea,
in proximity to airportoperations
I inch
e. Runway surfacing projects resulting i excg*3 betwpengoldtandtnew surfaces
(2.54 as) for runimys and 3 inches (7.62 on)
for
at runway *Uss and ends.
,.= d. Heavy equipment, stationary or mobile, op
*rating or We near airport
operations areas or in safety areas0
ial which spay degrade radiated sig•^•a=s or
•. Proximity of *quiposnL or motor
impair monitoring of navigational Rids.
f. Tall but r*lativsly low visibilitysanitdsappr�sepeds� drills, and the
like in critical area such as safety area
g. Improper or mslfunotioning lights or unlighted airport hazards.
h. Holes, obstaoles, loose pavement, trash, and other debris on or near air-
port operations areas.
i. !allure to maintain tensing during construction to deter human and animal
intrusions into the airport operation areas.
jOpen trenches along side Pavement'
�.- k. Improper marking or lighting of runways, taxiways, and displaced
thresholds.
ds such as trash, grass seeding, or ponaed water or. or
1. Attractions for bir
beer airports.
5
?or 6
513. i 84
AC 150/5370-2C
inadequate or improper methods of marking temporarily cloeed airport opera-
•• a,. Znadeq ro er and unsecured barricades.
tions areas including imP p
n. Obliterated markings on active operational areas.
improper ground vehicle operations, srd
VOTE: Safety area encroachments, _
unmarked or uncovered holes and trenches intohsafety vicinduring constructionity of aircraft .
'F au --
unmarked are the three most recurring th
g. ASSURING OPERATIONAL SAFETY• The thepimmed�Letnotificationr is soflairport users
establishing and using procedures for the operational safety at the air -
and the FAA of any conditions adversely affecting p
part. If construction operations require ahutdovn of a navigational aid from ser-
vice for more than 24-hours or in excess of A hours daily on consecuNotification of
45.4ay minimum notice is desirable prior to the facility shutdown.
bird hazards, and other con
construction, rough pavement, weather -caused effecusually
made by MOTAM1 issued by Flight
ditons affecting the use of the airport is usually
.Service Stations. TwA'Air Traffic facilities and Airports district/freed infiees
will assist
in the notification process. Airmen or
airportsons nconditions to
aviation activities ara encouraged to report safety
airport management, the FAA or through heusifng s�eL�ational Aeronautics and
Space Administrations Aviation SafetyReport
4• VE
HICLES ON AIRPORTS. Vehicular activity on siortroperation tareasseal:rc+tdbee
kept to a minims. Where vehicular traffic on airport rinciple is that the
(W avoided, it should be carefully 00sy. lS�: aspectseOf vehicle contrcl and iden-
aircraft. arrays pas the right-of•�++aY
tifieation are discussed below. It should be recognised, however, that every air-
. presents different vehicle requicleremetraffic doesnts and lnot endanger ems and eaircraft
fore ds
individualized solutions so that vehicle
operations.
a. Visibility• Vehicles which routinely operate on airport operations areas .
should *be marked/flagged for high daytime visibility and, if appropriate, lighted
for nighttime operations- Vehicles which are not marked and lighted devices- (See
e that is equipped with temporary marking and lighting
escorted by and Lighting of Vehicles Used on an Airport,
AC 150/5210-5, Tainting, Marking,
current edition.) ��
b. Identification. It is usually desirable to be able to identify visually
specific vehicles Eros a distance.
It is recommended that radio equipp
which routinely operate on airport operattfs areas
be permanently
1 0/5210t5i.) Vehicles
marked t
identifying characters on the sides and or with magnetically
Zweding intermittent identification could bs.sarked Whensysrepoa31ble, vehicles
attached vrkers which
withare
the�crcially oaimendedavailable.
and lighting- should be purchased
p. Moticeabilit . Construction vehicles/equipoent should have automatic
signalling devices to sound an alara when moving in reverse.
L
r
7
6
5/31/84
AC 150/5371%)-ZC
d. Movement. The conbrol of vehicular activity on airport operations area3 i3
of the highest importanoe.. Airport management is responsible for developing
ianacce
dures, procuring equipment., and providing training regarding vehicle
ensure aircraft satD
fety during construction. This requires coordination with &Jr -
port users and air traffic- control. Consideration should be given to the use cf
two.way-radio, signal lights, traffic signs, flagmen, escorts, or other means
suitable for the particular airport. The selection of a frequency for two-way
radio communications between construction contractor vehicles and the air traffic
oontrol (ATC) tower must be coordinated with the ATC tower chief. At aontower air-
ports, two-way radio control between contractor vehicles and fixed -base operators
or other airport users should avoid frequencies used by aircraft. It should be
remembered that even with the most sophisticated procedures and. equipment, systeMitic
training of vehicle operators is necessary to achieve safety. Speeia'_ con-
sideration should be given to training intermittent operators, such as constructior,
workers, even if escort service is being provided.
10. INSPECTION. Frequent inspections should be made by the airport operator or a
representative during critical phases of the York to ensure that the contractor is
following the prescribed safety procedures amd that there is an effective litter
oontrol progras.
11. FkA SAFETY RESPONSIBILITIES. FAA Airports engineers and certification laspee-
tors bay* specific responsibilities regarding operational safety on certificated
airports before and during periods of eonstruetion activity. Their particular area
of ooncern will be directed towards construction within safety areas, and they will
be involved in the following functions:
W ) a. Review of plans to determine limits of work and possible safety problem
areas.
b. Give special attention to the development of the safety plan which Is a
Part of the plans and specifications.
o. Advise FAA elements such as regional Flight
Standhe ards, Air Traffic, and
Airway Facilities of the oonstruetio
n.
d. augurs that users of the facilities have ample wsraing of the proposed
• oonstruotion so that they may make advanced plans to change their operations.
e. FAA Airports engineers And oertification inspectors should participate in
the predesign and precoastruetion conferences if the project involves a com;.lex
safety plans Also, they should participate in construction insPtctiors and in the
inspection of the finished work to determine that there are no safety vio:ntiolis to
PAR Part 139•
LLONARD E.(W KUD
Director, Office of Airport Standards
And e)
Par 9
5/31/84
AC-150/5370-�C
Appendix 1
APPENDIX 1. SOMAL SAFETY REQUIREMEENTS DURINr, CONSTRUCTION
1. RUNWAY ENDS. Construction equipment normally should not penetrate t`_e 20:1
approach surface.
2. 1AUNWAY EDGES. Constriction activities Dorsally should not be permitted within
200 feet of the runway oenterline. However, construction spay be permitted Within
200 feet of the runway centerline on a cave -by -case basis with approval of tne air-
port operator, the FAA and:the users.
3. TAXIWAYS AND APRONS. normally, construction activity set -back lines should be
located at a distance of 6 feet plus one-half the wingspan of the largest predomi-
nant aircraft from the oenterline of an active taxiway or apron. However,
construction activity say be permitted up to the taxiway and aprons in use provided
that the activity is first coordinated with the airport operator, the FAA and the
users; NOTAM's are issued; marking and lighting provisions are implemented; and it
is determined the height of equipment and materials is safely below any part of the
aircraft using the airport operations areas which might overhang those areas. An
occasional passage of an aircraft with wingspan greater than 165 feet should be
dealt with on a case -by -case basis.
4. EXCAVATION AND TRENCHES.
a. ltunwa a. Excavations and open trenches may be permitted up to 200-feet
from the centerline of an active runway, provided they are adequately signed,
lighted and marked. In addition, excavation and open trenches may be permitted.
within 200 feet of the runway oenterline on o- case -by -case basis, i.e., cable
trenches, pavement tie-ins, etc., with the approval of the airport operator, the
YAA and the users.
'b. Taxiways and Aprons. Excavation and open trenches may be permitted up to
the edge of structural taxiway and apron pavements provided the drop-off is ade-
quately signed, lighted and marked.
S. -STOCKPILED MATERIAL. Extensive otookpiled materials should Dot be permitted
within the construction activity areas defined in the preceding four seCtioas.
6. MAXIMUM EQUIPMENT HEIGHT. Notice of proposed construction sball be submitted
to the appropriate Airports district office for review prior to the placement of
construction equipment on airports. The guiding criteria involving FAR Part 139
certificated airports and grant agreement airports is that all construction plans
and specifications require direct coordination with the appropriate Airports
district, field, or regional office. In addition, airports should file FAA Form
7460-1 when equipment is expected to penetrate any of the surfaces defined above in
paragraphs 19 2, and 3. Airport operators are reminded that FAR Part 157 requires
prior notice to construct, realign, alter, or activate any runway/landing area or
associated taxiway for any project which is non -Federally funded.
9. TROXIMITY OF CONSTRUCTION ACTIVITY TO NAVIGATIONAL AIDS. Construction activity
in the vicinity of navigational aids requires special consideration. The effect of
the activity and its permissible distance and direction from the aid must be eval-
uated in each,instanoe. A coordinated evaluation by the airport operator a:.d the
j
1
5/31/BL-
AC 150/5370-2C
Appendix 1
FAA is necessary. Technical involvement by
FAA -regional Airports, Iir ?rsttio,
t Standards, and Airway Facilities Specialists is needed as well as construe
1'ligh went input• particular attention needstobe giivenh may
tion engineering and ana6 parking of equipment
etookpiling aaterials as Well as to the rorsor interfor* with
nts for Terminal
rfere with line-of-+�t from the tow its loquirsee electronic finalemisone.
fiats _ Airport Design Standard
(See Af: 150/5340 2D, current Des edition, for critical areas of NAVAIDS.)
Navigational Facilities,
S. 0p}!STRUCTIOtr }TEHICLE TRAFFIC. With respect to vehicular traffic aircraft
to be endangered Dy four p iple pauses:
safety during oonstruction is likely tterns, vehicles Without radio cote-
• ard tr&ffiO Ps
increased traffic Iing, , d operators untrained in the airport's proc*dares.
munication and marking and op* airport rnagement gust develop and
Because each construction situation differs,user
coordinate a oonstrvotioa vehicle traffic
engineershport a drcontractors. aiThis aplan,
oontrol and the appropriate construction pa
rtieipanLs becomes a pprt of the contract. The airport opera -
when
signed by all pa and enforcing the plan.
for is responsible for 000rdinsting
g. LIMITATION ON CONSTRUCTION.
a. open -flare welding or torch-cuttina operations should be prohibited unless
rowed by the
adequate fire and safety precautions are pporktddanddseearvicedebehind the construc-
airport operator. All vehicles are to be pa
LSoA restriction line and/or in an area designated by the airport operator. on
trenches, excavations, ad &toc:;.iled aaLerial at the eonstructi
,,i be opene flags and lighted with flashing
site should be prominently parked with prang during hours of
yellow light units (aoceptable to the tip dererator and the )
DO Circumstances are flare pots to be
restricted visibility and/or darkness.
near aircraft turning areas. ner to vent s►ovement
e. Stockpiled material windd. VAteraal shouldntd inot ben a nstor d Dear aircraft
result of aircraft blast
turning areas or Movement areas.
The ooaatrve-
• 10. MARKING AND LIGHTING OF CLOSED; Rro�visio�0i'e0uiring theAs ON xoontractor to have a
tion specifications should inolud p
ran on call 24 hours per day for mergeney Mintsnanoe'ot airport hazard 'Lighting
and barricades.
For runways and taxiways With
a� ch
tee eentl Closed Runways and Taxiva�Qyits should be disconnected.
have been peroanently closed, the lighting situation Barking, and touchdown zone
runways, the threshold sarkings, runwayat
parkings should be obliterated, and crosses should
be placed at ea h end
dentranee of
1,000-toot•t300 8) intervals. With tax ys
ch
the closed taxiway#
workings are not obli-
b. Tee oraril Closed Runways and ai10asexeeptprunwsyy closed rumrays are
treated in the ease manner as in paragraph(ooastrueted of
teeated. Rather, crosses are usually of the temporary type
2
5/31/84
AC 150/53?G-2c
Appendix 1
material such as fabric or plywood), and they are required only at runway eids.
The crosses should.�e located on top ,of the runway numerals. For temporary
narking, the dimensions of the crosses my be reduced to permit use of standard
sheets of 4-by-8-foot (1.22 by 2.44 m) plywood. Temporarily closed taxiways are
usually treated as an unusable area as explained in paragraph 10d.
c. Clos_irports. When all runways are closed temporarily, the runways are
narked as in paragraph 10b, and the airport beacon is turned off. When all runways
are closed permanently, the runways are narked as in paragraph 10a, the airport
beacon is disconnected, and a cross is placed in the segmented circle or at central
location if no segmented circle exists.
d. Hazardous Areas. Hazardous areas, in which no part of an aircraft may
enter, are indicated by use of barricades with alternate orange and white markings.
The barricades are supplemented with orange flags at least 20 by 20 inches (50 by
50 am) square and made and installed so that they are always in the extended posi-
tion and properly oriented. For nighttime use, the barricades are supplemented
with flashing yellow lights. The intensity of the lights and spacing for barricades,
flags, and lights must be such to delineate adequately the hazardous area.
e. Notices to Airmen (NOTAM's). The airport operator should provide infor-
mation on closed or hazardous conditons to the local air traffic control facility
(control tower, approach control, center, flight service station) so that a NOTAM
can be issued.
f. Stabilized Areas. Holding bays, aprons, and taxiways are sometimes pro-
(W with shoulder stabilization to prevent blast and water erosion. This stabi-
lisation may have the appearance of a full strength pavement but is not intended
for aircraft use. Usually the taxiway edge marking will define this area, but con-
ditions may exist each as stabilised islands or taxiway curves where confusion may
exist as to which side of the edge stripe is the full strength pavement. Where
such a condition exists, the stabilized area should be marked with 3-foot (1 s)
stripes perpendicular to the edge stripes. On straight sections, the marks should
be placed -at a maximum of 100-foot (30 ■) spacing- On curves, the marks should be
placed a maximum of 50 feet (15 ■) apart between the curve tangents. The stripes
should be extended to 5 feet 0.5 a) from the edge of stabilized area or to 25 feet
(7.5 •) in length, whichever is less.
S. Runway+ Shoulder Marking. Usually the runway side stripes will indicate the
edges of the full strength pavement. However, conditions say exist, such as excep-
tionally wide runways, where there is a need to indicate the area not intended for
use by aircraft. In such oases, chevrons should be used.
i1. TEMPORARY RUNWAY THRESHOLD DISPLACEMENTS. Identification of temporary runway
threshold displacements should be located outboard of the runway surface. These
could include outboard lights, Runway End Identification Lights (REILS), and
markings. The extent of the marking and lighting should be directly related to the
duration of the displacement as well as the type and level of aircraft activity.