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10/16/1996 Agreement 'GOUNr� ` ( S S �.iM t Q. t ft flantnp 1. I(oUjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY BRANCH OFFICE 88820 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION OVERSEAS FLS HIGHWAY TEL. ( 305) 289 -6027 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 TEL (305) 292 -3550 TEL (305) 852-7145 FAX (305) 295 -3660,, . FAX (305) 852 -7146 REVISED MEMORANDUM I ". TO: Peter Horton, Director Community Services Division Attn: Bevette Moore FROM: Isabel C. DeSantis, Q .Q. Deputy Clerk C .p . DATE: November 1, 1996 As you know, at the Board meeting of October 16, 1996, the Board approved the following: 1 . Contract Agreement between Monroe County Douglass N. Higgins, Inc. to construct Salt Pond Enhancement and Related Work at the Key West International Airport. 2. Contract Agreement between Monroe County and Mid Continent Electric to rehabilitate the runway lighting at the Marathon Airport. 3. Contract Agreement between Monroe County and Arbor Tree & Landscape Co., Inc., to construct the noise buffer at the Key West International Airport. 4 ? I I 4. Sun Coast Fencing to construct perimeter fencing at Key West International and Marathon Airports. Attached hereto are two fully executed duplicate originals of each Contract, one for return to the contractor and the other for your departmental files. Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney County Administrator, w/o docs. Finance Risk Management w/o docs. /File . Y C Owdry !! ((f f A C1 ' M • .. e co . ;Danny I. RoUjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL (305) 852 -7145 FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852-7146 FAX (305) 295 -3660 MEMORANDUM TO: Peter Horton, Director Community Services Division Attn: Bevette Moore FROM: Isabel C. DeSantis, Deputy Clerk 9 C. A. DATE: October 30, 1996 As you know, at the Board meeting of October 16, 1996, the Board approved the following: 1. Contract Agreement between Monroe County Douglass N. Higgins, Inc. to construct Salt Pond Enhancement and Related Work at the Key West International Airport. 2. Contract Agreement between Monroe County and Mid Continent Electric to rehabilitate the runway lighting at the Marathon Airport. 3. Contract Agreement between Monroe County and Arbor Tree & Landscape Co., Inc., to construct the noise buffer at the Key West International Airport. ct Agreement between Monroe County and Arbor Tree & Landscape Co., for the n ve Trimming Project, at the Key West International Airport. Attached hereto are two fully executed duplicate originals of each Contract, one for return to the contractor and the other for your departmental files. Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney County Administrator, w/o docs. Finance Risk Management w/o docs. /File KEY WEST INTERNATIONAL & MARATHON AIRPORT 1 MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS TO 1 CONSTRUCT PERIMETER FENCING 1 & RELATED WORK 1 PFC Application No. 94 -02- C -00EYW FDOT WPI Project No. 6826731 (KEYWEST) FDOT WPI PROJECT No. 6826749 (MARATHON) 1 Greiner Contract No. C502520.41 (KEY WEST) Greiner Contact No. C502520.50 (MARATHON) 1 1 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1 Prepared by: StulcoagZ4kncing 1 GREINER, INC. ' 1 June, 1996 1 1 KEY WEST INTERNATIONAL & MARATHON AIRPORT MONROE COUNTY, FLORIDA 1 CONTRACT DOCUMENTS 1 TO CONSTRUCT PERIMETER FENCING 1 & RELATED WORK 1 PFC Application No. 94- 02- C -00EYW 1 FDOT WPI Project No. 6826731 (KEYWEST) FDOT WPI PROJECT No. 6826749 (MARATHON) 1 Greiner Contract No. C502520.41 (KEY WEST) Greiner Contact No. C502520.50 (MARATHON) 1 1 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS �= 1 -n Prepared by: • C 00 1 GREINER, INC. June, 1996 1 1 CONTRACT DOCUMENTS CONSTRUCT PERIMETER FENCING 1 & RELATED WORK KEY WEST INTERNATIONAL AIRPORT 1 MARATHON AIRPORT MONROE COUNTY, FLORIDA I I ,655 6 c%, -v ---)_, ....._,, 1 e - 18 4 A \,,,.. 1 1 1 " 41 I ,, ..=1. 1 wt. : ,,, s- , --:---.....;01: 'I= ,- i 7 1 4 0 C °LINTY IN 14 1 1 PFC Application No. 94- 02- C -00EYW FDOT WPI Project No. 6826714 (KEY WEST) I FDOT WPI PROJECT No. 6826749 (KEY WEST) Greiner Contract No. C502520.41 (KEY WEST) Greiner Contract No. C502520.50 (MARATHON) 1 1 Prepared for: THE MONROE COUNTY 1 BOARD OF COUNTY COMMISSIONERS 1 MS. SHIRLEY FREEMAN, DISTRICT 3 MAYOR MR. JACK LONDON, DISTRICT 2 VICE -MAYOR I MS. WILHELMINA HARVEY, DISTRICT 1 MEMBER MR. KEITH DOUGLASS, DISTRICT 4 MEMBER MS. MARY K. REICH, DISTRICT 5 MEMBER 1 Prepared by: Y 1 GREINER, INC. June, 1996 1 1 TABLE OF CONTENTS 1 Division I Bid Documents 1 Division II Contract 1 Division III General Provisions 1 Division IV Special Provisions 1 Division V Technical Specifications 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION I BID DOCUMENTS SECTION A - INVITATION FOR BIDS I -2 1 SECTION B - INSTRUCTIONS TO BIDDERS I -4 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS I -13 SECTION D - BID BOND I -19 1 SECTION E - DRUG -FREE WORK PLACE I -21 1 SECTION F - PRIME BIDDER'S QUALIFICATIONS I -22 1 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES I -23 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM I -24 SECTION I - THIS SECTION NOT USED I -25 1 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT I -26 SECTION K - THIS SECTION NOT USED I -28 1 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 I -29 1 1 1 1 1 I -1 1 1 1 1 SECTION A INVITATION FOR BIDS 1 NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 16, 1996, 10:00 AM, at the Purchasing Office, a committee consisting of the Director of O.M.B., the County Administrator, the County Attorney and the requesting Department Head or Division Director, or 1 their designees, will open sealed bids for the following: THE FURNISHING OF ALL LABOR AND MATERIALS, AND PERFORMING ALL WORK TO CONSTRUCT PERIMETER FENCING AND RELATED WORK AT THE KEY WEST INTERNATIONAL AIRPORT, AND THE MARATHON AIRPORT. The major items of work for the contract will be as follows: Installation of 6' chain link fence with 1' barbed wire, installation of power and manual gates, clearing 1 and grubbing and disposal of existing fence. All bids must be received by the Purchasing Office, 5100 College Road, Public Service Building, 1 Cross Wing, Room # 002, Stock Island, Key West, Florida 33040, on or before 10:00 AM on August 16, 1996. 1 All bids, including the recommendation of the County Administrator and the requesting Department Head or Division Director, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services. State of Florida, under Sec. 287.133 (3) 1 (d), Fla. Stat. (1989) Interested bidders shall submit three (3) signed originals and four (4) copies of each bid in a sealed envelope marked on the outside, "Sealed Bid for Perimeter Fencing at the Key West and Marathon Airports." All bids must remain valid for a period of ninety (90) days. Copies of the bidding documents (Contract Documents) many be obtained from Greiner, Inc., P 8 ( ) Y 5805 N.W. 1 lth Street, Suite 340, Miami, Florida 33126 -2034, Telephone 305/262 -7466, upon payment of $ 90.00 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. 1 Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the form of I -2 1 1 a certified check or bid bond payable to the Monroe County Board of County Commissioners. 1 A public construction bond will be required for 100% of the contract price. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. This shall include evidence 1 of possession of a current general contractors license from the Construction Industry Licensing Board, Jacksonville, Florida. Non - residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida, and shall provide evidence of a 1 Florida licensed qualifier under ch. 489, F. S. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to separately accept or reject any item or items of bid and to award 1 and/or negotiate a contract in the best interest of the County. 1 JOHN CARTER Director of OMB for Monroe County 1 1 1 1 1 1 1 I -3 1 1 1 SECTION B INSTRUCTIONS TO BIDDERS 1. CONTENTS OF CONTRACT DOCUMENTS: 1 Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent 1 (5 %) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and ' the Contract Documents and he shall investigate and satisfy himself as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 1 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed 1 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. llth Street, Suite 340, Miami, Florida, 33126 -2034, a written request for an interpretation 1 of the proposed documents. Such interpretations will be made only by Addenda and a copy of each Addendum will be mailed or delivered to each bidder receiving a set of such Contract Documents. Requests for interpretation will be accepted up to seven (7) days prior to the bid due date. 1 4. ADDENDA: Any Addenda issued during the preparation of bids shall be included in the Proposal and shall become a part of the Contract Documents. Subcontractor's attention must be called to these changes as well as to the effect Addenda may have on their work. 1 I -4 1 1 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 f name and post office address of each member of the firm or partnership must be shown. If a corporation, the Proposal must designate the state under the laws of which the corporation is chartered, the names, titles and business addresses of its officers and the one signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporation. On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column for each bid item exclusive of those items for which a fixed contract unit price and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit price (words and figures) and extension (figures only) columns. After all extensions are made, the bidder shall total the extended amounts of the bid items and show his total of the extended amounts of the bid items and show his total i bid amount in the appropriate place on the Proposal Form. ■ All figures shall be legibly shown in ink or typed. Any inter- lineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Owner will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract 1 bid price. 6. ALTERNATE BIDS: i 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 1 selected. 1 I -5 1 1 1 If any item on the proposal form permits a choice between alternate specified types of materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be t grounds for rejection of the proposal. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive minor irregularities in any bid. 8. $ID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 1 9. PRE - QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he 1 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. 1 10. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will be made within ninety (90) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to 1 the successful bidder at the address stated in his proposal. 11. RETURN OF BID BOND: 1 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 1 ninety (90) days without the bidder's written consent. 1 I -6 1 1 1 12. $ %ECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within ten (10) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. ' Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of ' attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within ten (10) days ' after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. f 14. CONTRACT TM: ■ The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80 -02 and 80 -03 of the General Provisions and Special Provision No. 3, and shall fully complete performance within sixty (60)calendar days. For Key west International and sixty (60) calendar days for Marathon Airport with a total contract time of one hundred 1 twenty (120) calendar days. 15. CONTRACT CLOSE -OUT: 1 Subsequent to the final acceptance of this ro'ect by the P 7 Y Owner, the requirements of Paragraph 18, Section 50 must be satisfied. 16. BID PROPOSAL SUBMISSION: 1 The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C, Pages I -12 and I -13) 1 I -7 1 1 1 B. Schedule of Bid Items (Division I, Section C, Pages I -14 through I -17) 1 C. Bid Bond (Division I, Section D, Pages I -18 through I -19) D. Drug -free Work Place (Division I, Section E, Page I -20) 1 E. Disclosure of Lobby Activities (Division I, Section G, Page I -22) 1 F. Acknowledgment of Receipt of Addendum (Division I, Section H, Page I -23) 1 G. Bidder's Affidavit in Compliance With the Florida Trench Safety Act (Division I, Section J, Pages I -25 through I- 26) 1 H. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public Entity Crimes (Division I, Section K, Pages I -27 through I -29) ' I. Sworn Statement Under Ordinance No. 10 -1990, Monroe County (Ethics Clause) (Division I, Section L, Page I -30) 1 J. Prime Bidder's Qualifications (Division I, Section F, Page I -21) 1 K. Copy of Contractor's license for State of Florida L. Bidder's Statement on Insurance (Division III, Section 110, Page III -62 17. MARKING AND MAILING BIDS: 1 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 1 Public Service Building Cross Wing, Room 002 Key West, Florida 33040 1 Construct Perimeter Fencing and Related Work Key West International & Marathon Airport - Bid Submission Bids received prior to the time of opening will be securely kept, unopened. The Owner will decide when the specified time has arrived and no bid received thereafter will be considered. No responsibility will be attached to the Owner for the 1 I -8 1 1 1 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. 1 18. WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19. BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either in person or by representation. 20. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by any one party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 1 21. ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 1 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23. COLLUSION: 1 If there is any reason for believing that collusion exists 1 I -9 1 1 among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50 %) of the total contract amount, except that any items designated in the contract as "Specialty Items may be performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. 1 (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 t to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 1 25. PERMITS: 1 The County permit fees for the project are $0.00. 26. PRE - SUBMITTALS: 1 Pre - submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 27. SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general P g Y g g conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. I -10 1 1 1 28. FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60- 553 -64, Florida Statutes). 29. SCHEDULE OF WORK: 1 Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re- 1 mobilization or re- negotiation for time delay can be made. Depending on the bids received, certain quantities may be ' increased or decreased and no provision shall be made for re- negotiation (see Division I, General Provisions, Section 40, for further information). 1 30. PROJECT FUNDING: Work included in this project is being funded in part by the 1 use of Passenger Facility Charges collected by Monroe County and in part from funds from the Work Project Improvement (WPI) Program administered by the Florida Department of Transportation (FDOT). No Federal funds under the FAA Airport 1 Improvement Program (AIP) are included in this project. 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: 1 There are im DBE subcontractor goals for this contract. Should any DBE subcontractors be used on this contract, the subcontractor's name, address, type of work performed and subcontract amount shall be reported as part of the project close -out documentation submitted with the information requested in General Provision Section 50 -18 and Special 1 Provision No. 1, Section 25, "Project Documentation ". 32. PUBLIC ENTITY CRIME STATEMENT 1 A erson or affiliate who has P been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair 1 of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a 1 I -11 1 1 1 contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1 33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the Florida Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 23, as amended, apply to this contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or six in the award and performance of Department assisted contracts. 34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying ry g out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not 1 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 shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 1 1 I -12 1 1 1 SECTION C PROPOSAL Contract 1 BID TO: Monroe County Board of Commissioners c/o Purchasing Department Public Service Building, Room 002 5100 College Road, Stock Island KEY WEST, FLORIDA 33040 BID FROM: l7c00 sl ciac �©• -. Submitted (Date) : X / a_c( k(a The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all ' conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County Board of Commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: Construct Perimeter Fencing & Related Work 1 Rey West International and Marathon 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. 1 it is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and 1 that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as I -13 1 1 1 described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. ' The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as a basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20 -05 and 90 -03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice -to- Proceed. 1 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 8 oncr). 00c.c1n, dollars Oh? / h? / n(00,6 madd payable to the Monroe County Board of Commissioners. I acknowledge receipt of Addenda No.(s) . I have included 1 Pages I -12 through I -29 of the Bid Proposal which entails the Proposal Form , Schedule of Bid Items . Prime Contractor's Qualifications ✓, the Lobbying and Conflict of Interest Clause v the Drug -Free Workplace Form ✓, the Bid Bond ;✓, Acknowledgment of Addenda ✓ , Bidder's Affidavit of Compliance with Florida Trench Safety Act /, Sworn Statement Under Ordinance No. 10 -1990 v Also include a copy of valid Contractor's licenses (Checkmark items above as a reminder that they are included.) 1 I -14 1 1 1 Mailing Address: c CO 7 Qx1ce C a_ (0c) s . .S9 'f-Ue- -,-0 I 0 /0bck , 33 a3 1 7 l Phone Number: c iS4 -- % /6 - a c ic(tt. 1 Date : d 1 I Signed: ned : i �,I I � g J , �' C -29r ,m (Na e) ,Title) / Witness: A, - 40. (Seal) 1 1 1 1 1 1 1 1 I -15 1 1 r • , & SCHEDULE OF BID ITEMS BIDDER: c v !, Cutts c I &C 'E ; CO f-c • DATE: / 4 7 ( S/ `�/ AIRPORT NAME: Kev West International Airport / H PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826731 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work BASE BID (SCHEDULE A) Item & • Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 1 Mobilization L.S. 1 M100 -1 at ';d e- 14.400Sc /cJ / 0 Dollars and 2e-G'D Cents 3 000. ' 3 O00, 2 Clearing & Grubbing L.S. 1 F162- at Se-■e 0 srttoosaWc cNe. Flu u &Gel e0 cQ 5.1 Dollars and 2' x 0 Cents > no. 7 S0 3 Fum. & Inst.Chain Link Fence (6' hot. aluminized L.F. 12,600 , F162- fabric) w /barbed wire at 5.2 PViv€, Dollars 0 and 1 WeK, Seie1J Cents 7 /Jto SW. 4 Fumish & Install Double Swing Gate w /barbed wire EA. 5 F162- 116' wide) at Se6 eij Ho vc9 rob 5.3B V GI y Dollars and �Q / 2•e. C 0 Cents 7SD . 3 LSD. 5 Fumish & Install Double Swing Gate w /barbed wire EA. 1 , F162 -5.4 (24' wide) at E s k - i fl utict re. Self c`%I .. Dollars and GD - t , e s 0 Cents 8 7.s $ 7J , 6 Removal & Disposal of Exist. Fence & Gates Off L.F. 11,200 F163 -4.1 Site at O Oe. Dollars and OfS0 Cents GO I, OD 11 a00. Total (Schedule A) Base Bid Amount: Wig, 1r37. Page 5 of Addendum No. 1 Revised 8 -2 -96 I-16A 1 ... • 1 SCHEDULE OF BID ITEMS 1 C CO BIDDER: S v 3 ro 0._‹; GiJc- 7�fC- DATE: I AIRPORT NAME: Key West International Airport PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826731 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work ALTERNATE BASE BID (SCHEDULE A) I Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total I 1 Mobilization L.S. 1 M100 -1 at _ Dollars_and Cents I 2 Clearing & Grubbing L.S. 1 F162- at 5.1 Dollars_and Cents 3 Fum. & Inst.Chain Link Fence (6' hgt. Class 2, L.F. 12,600 F162- aluminized fabric) w /barbed wire 5.2 at 1 Dollars_and Cents 4 Fumish & Install Double Swinq Gate w /barbed wire EA. 5 I F162- (16' wide) at 5.3B Dollars_and Cents I 5 Fumish & Install Double Swing Gate w /barbed wire EA. 1 F162 -5.4 (24' wide) at Dollars_and I Cents 6 Removal & Disposal of Exist. Fence & Gates Off L.F. 11,200 F163 -4.1 Site at 1 Dollars_and Cents I Total Alternate (Schedule A) Base Bid Amount: $ 1 1 1 I -16A 1 1 SCHEDULE OF BID ITEMS t / BIDDER: 0 0 Ca c- sr ce e. k) c CD . l aJc.. DATE: )/ 2 74‘, �‘, I AIRPORT NAME: Key West International Airport PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826731 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work ALTERNATE BASE BID (SCHEDULE B) 1 I Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total I 1 Mobilization L.S. 1 M100 - at CI Ve. TI1oosaNc( / 00 (A3 Dollars_and 2 c c1 Cents J 0p0 , 3 000 I 2 Clearing & Grubbing L.S. 1 F162 at Se 1 so god C re 14u c es) LO CO 5.1 Dollars_and - - -cO Cents 7 00, 7� VD, I 3 Fum. & Inst.Chain Link Fence (6' hqt. Class 2. zinc- L.F. 12,600 F162- coated fabric) w /barbed wire 5.2 at 7.) ') N e. 00 1 Dollars_and `T „m a nit X Cents 1. aU ) lc, gat). 4 Fumish & Install Double Swing Gate w /barbed wire EA. 5 I F162- (16' wide) at Se e - 5.3B R v Ndrel c-ly Dollars - and Z 00 00 / Cents 7 g ,, 3 , `7. . I 5 Fumish & Install Double Swing Gate w /barbed wire EA. 1 F162 -5.4 (24' wide) at 1` i SL,r 1 Aid re,S Se 0 en��y i ' 1 Dollars_and ollars and o0 00 l Ze co Cents _ Q I 6 Removal & Disposal of Exist. Fence & Gates Off "! L.F. 11,200 F163 -4.1 Site at 0 N e I Dollars - and Z e co Cents /. 00 i l Q00 oo , 1 00 Total Alternate (Schedule B) Base Bid Amount: $ /s"./ J 1 1 I -16B SCHEDULE OF BID ITEMS BIDDER: v IJ C a St e /4 Ce, CO — t. kr, DATE: 6 1/9-'74(0 ..,, AIRPORT NAME: Marathon Airport F PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826749 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work BASE BID (SCHEDULE C) Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 1 Mobilization ^^ L.S. 1 Sr M100 -1 at c-14 Q- T�1oJsa%ij Dollars 2e-fa Cents i CO 67 ) OM. 000. 2 Clearing & Grubbing L.S. 1 F162- at -r\)Q- - rhoosc c c c0 60 5.1 Dollars and Z•e CO Cents v OCIO n O p. 3 Fum. & Inst.Chain Link Fence (6' hqt aluminized L.F. 17,000 F162- fabric) w /barbed wire at N t.)e c, 5.2 Dollars and'twea'f4 Seder PO F Cents i a7 /57 i S90 4 Fumish & Install Power Slliding Gate (16' wide) EA. 4 F162- w /card reader, control unit, sensor loops opener 5.3A unit, bollards and all other related work and equipment, complete in place at Dollars and S ■ 1 i u o scr k.,4 Z421fc7 Cents 66 CO �f OM / y i ©on, 5 Fumish & Install Manual SlidincOate (16' wide) EA. 1 F162 -5.5 at Se-v e k) t-k u o dre'h c- cTy Dollars and - Z e 10 Cents 60 0 0 6 Fumish & Install Pedestrain Gate (3' wide) (6' high EA. 1 F162 -5.6 with + 1' BW) at *c•ee. 4,Yoare, Dollars _ and Cents 60 GO 300. _ MoD• 7 Fumish & Install Pedestrain Gate (3'wide) with EA. 1 F163 -5.7 Mechanical Push - Button Lock at a(As' { 4uNd(e) Dollars and � to-y - e0- D Cents UD 4g) 4 — 0. Page 6 of Addendum No. 1 Revised 8 -2 -96 1 -17 r I CC) SCHEDULE OF BID ITEMS BIDDER: u ,J l ,c) a Si ce/O c + - C D .1 - - DATE: I AIRPORT NAME: Marathon Airport III PFC APP. NO. 9402- C -00EYW WPI PROJECT NO. 6826749 1 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work BASE BID (SCHEDULE C) 1 Item & Unit 1 Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total I 1 Mobilization L.S. 1 M100 -1 at Dollars_and Cents 2 Clearing & Grubbing L.S. 1 F162- at 1 5.1 Dollars_and Cents 3 Fum. & Inst.Chain Link Fence (6' hat Class 2. L.F. 17,000 F162- aluminized fabric) w /barbed wire at I 5.2 Dollars_and Cents I 4 Fumish & Install Power Sllidinq Gate (16' wide) EA. 4 F162- w /card reader. control unit. sensor loops opener 5.3A unit. bollards and all other related work and equipment, complete in place at I Dollars_and Cents I 5 Fumish & Install Manual Sliding Gate (16' wide) EA. 1 F162 -5.5 at Dollars_and Cents i 6 Fumish & Install Pedestrain Gate (3' wide) (6' high EA. 1 1 F162 -5.6 with + 1' BW) – at _ Dollars and Cents 11 7 Fumish & Install Pedestrain Gate (3'wide) with EA. 1 F163 -5.7 Mechanical Push -Button Lock at Dollars and I Cents It 1 1 1-17 8 Fumish & Install Barber Wire (1') on existing fence L.F. 440 F162 -5.8 at Dollars and ci t4 / Cents 3.)D I 5 ( /O , 9 Removal and Disposal of Existing Fence at Gate L.F. 16,600 F163 -4.4 Off Site 0 13 2 Dollars and - at-CO Cents l LCO 42,(780. Total (Schedule C) Base Bid Amount: $ 0211, p-3(a , Page 7 of Addendum No. 1 Revised 8 -2 -96 I-17A 1 8 Furnish & Install Barber Wire (1') on existing fence L.F. 440 F162 -5.8 at Dollars and Cents 9 Removal and Disposal of Existing Fence at Gate L.F. 16,600 1 F163 -4.4 Off Site Dollars and Cents 1 Total Alternate (Schedule C) Base Bid Amount: $ 1 1 1 1 1 1 I -17A SCHEDULE OF BID ITEMS BIDDER: SO CD2.;:c cen)ce CD. — -Ns r DA* 7 / a71q I AIRPORT NAME: Marathon Airport PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826749 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work ALTERNATE BASE BID (SCHEDULE D) Item & Unit Spec. Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total 1 Mobilization L.S. 1 M100-1 at CI J Q. -- r"(n a J Sc J ck Dollars - and Ze Cents CO cO 000. / 0()0. 2 Clearing & Grubbing L.S. 1 F162- at cave.. ?twos 3 5.1 Dollars_and 2eC0 Cents dp0 k .‹ono. 3 Fum. & Inst.Chain Link Fence (6' hqt Class 2, zinc- L.F. 17,000 F162- coated fabric) w /barbed wire at M ■J C 5.2 Dollars_and TweN1 / Cents . c;0 —b 400. c� 4 Fumish & Install Power Sllidinq Gate (16' wide) EA. 4 F162- w /card reader, control unit, sensor loops opener 5.3A unit, bollards and all other related work and equipment complete in place at s', K T1nou5O,.d Dollars_and 'Z,r .(L2 Cents (7 0 'O/t). 2t,DOD. 5 Fumish & Install Manual Sliding Gate (16' wide) EA. 1 F162 - 5.5 at Se■ Q.) {4Otic•e ■ Dollars_and Z -e-cc) Cents u7 GO 7� c� . 7S 6 Fumish & Install Pedestrain Gate (3' wide) (6' high EA. 1 F162-5.6 with + 1' BIM at _ - rho- hunickkel, AFT y Dollars _ and Ze40 Cents 7 Fumish & Install Pedestrain Gate (3'wide) with EA. 1 F163 -5.7 Mechanical Push - Button Lock at Dollars and gou (- \,)Mrs -re x∎ 0' 7 2 e c0 / Cents cD GO z4 T , 450 . Page 8 of Addendum No. 1 1 -178 Revised 8 -2 -96 I SCHEDULE OF BID ITEMS BIDDER: u v ) CO a. scr ce n 1?- �- r0 ./ c . DATE: I AIRPORT NAME: Marathon Airport PFC APP. NO. 94- 02- C -00EYW WPI PROJECT NO. 6826749 PROJECT DESCRIPTION: Construct Perimeter Fencing & Related Work BASE BID (SCHEDULE D) 1 I Item & Unit Spec. • Item Description & Unit Estimated Price in Extended No. Price Bid in Words Unit Quantity Numbers Total I 1 Mobilization L.S. 1 M100 -1 at Dollars_and Cents 2 Clearing & Grubbing L.S. 1 F162- at I 5.1 Dollars_and Cents 3 Fum. & Inst.Chain Link Fence (6' hot Class 2. zinc- L.F. 17,000 F162- coated fabric) w /barbed wire at i 5.2 Dollars_and Cents 4 Fumish & Install Power Silidino Gate (16' wide) EA. 4 I F162- w /card reader. control unit. sensor loops opener 5.3A unit. bollards and all other related work and equipment. complete in place at Dollars - and Cents I 5 Fumish & Install Manual Sliding Gate (16' wide) EA. 1 I F162 -5.5 _at Dollars_and Cents I 6 Fumish & Install Pedestrain Gate (3' wide) (6' high EA. 1 F162 -5.6 with + 1' BW) at _ I Dollars _ and Cents I 7 Fumish & Install Pedestrain Gate (3'wide) with EA. 1 F163 -5.7 Mechanical Push - Button Lock at Dollars and 1 Cents 1' 1 -17B 1 I 1 8 Furnish & Install Barber Wire (1') on existing fence L.F. 440 F162 -5.8 at "?\'c' $ Dollars and ci 4 Z �� Cents 0O / I . 3 . J D ) 7 i0, 9 Removal and Disposal of Existing Fence at Gate L.F. 16,600 1 F163 -4.4 Off Site 0 t3 Dollars and 1 ��-6 Cents a0 ,). a D /6/ 6O04 1 oD Total Alternate (Schedule D) Base Bid Amount: $ a /0 090, 1 1 1 1 1 1 1 1 1 1 1 1 I -17C 1 1 1 SCHEDULE OF BID ITEMS 1 KEY WEST INTERNATIONAL 1 SCHEDULE (A) BASE BID $ p/3 )a:7. 00 SCHEDULE (B) ALTERNATE BID $ / 4 /(1, .2 (4j .00 MARATHON AIRPORT SCHEDULE(C) BASE BID $ 02/1 a3D SCHEDULE (D) ALTERNATE BID $ Q2/D a 90 . o0 ■ TOTAL A + C = $ 7. 00 TOTAL A + D = $ SS a 17 nC� 00 TOTAL B + C = $ S� f 0 71. ob 1 TOTAL B + D = $ 3.i 4 / 3 3� The County reserves the right to award the Contract forwthe base bid, alternate bid or any continuation thereof which ever is in the County's best interest. 1 In the event of an error in extended price, the unit cost will prevail. 1 1 I -18 1 1 SECTION D 1 DID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of 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, 11 administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Construct Perimeter Fencing and Related Work Key West International and Marathon Airport NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 11 PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE I/ 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. 1 I -19 1 1 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 , 1996. (Principal) (Seal) (Witness) 1 (Title) 1 (Surety) (Seal) 1 (Witness) Countersigned by: By: (Title) All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. 1 1 1 1 1 I -20 1 SECTION E 1 DRUG -FREE WORKPLACE FORT( 1 The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: II S.)k) `_oa 1 0 e- (E, 71 / ct m 1 Ti. -et- . (Name of Busine) II 1.. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and e specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the II workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be II imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement II specified in Sub - section (1). 4. In the statement specified in Sub - Section (1), notify the 11 employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation II in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. I 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. I As a person authorized to sign the statement, I ce ify that this firm complies fully with the above re 'rements. dp B' der's Signature Date: f• II 1 MCP 5 Rev. 6/91 I -21 II I SEC TION PRIME BIDDERe QUAL IFICATIONS Each contractor shall furnish with his bid the following completed and signed statements on "evidence of competency" and "evidence of II financial responsibility ", which is in accordance with General Provision 20 -02. II 1. Name of Bidder: 0,,..5 C)cLS) C CO. - 2.2i.c, 2. Business Address: O 0 .t / U cil f( 6t0oCI 3gaA3 1 3. Telephone Number: q.) — 9 gce—Q9 q - 4 p 3 7'7 4. When Organized: qi(C ly 3 II 5. Where Incorporated: cf. b r 1 J r^ 6. How many years have you been engaged in the contracting business II under the present firm name? 3 y {s 7. What is the type of construction work in which you are I principally engaged? ce N c e E , c,e cl i 6 8. On separate sheet list major contracts in past 10 years. II 9. On separate sheet list equipment and plant available for this project. II 10. Enclose a copy of latest Financial Statement. 11. Credit Available for this Contract: $ 07 000 � II 12. Contracts now in hand, Gross Amount: $ g,s cnO, 00 13. Have you ever refused to sign a contract at your original bid? II Ncf 14. Have you ever been declared in default on a contract? iJQ t 15. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) r Date: /6 l 1 q Firm Nal e: By: .4 . ..4.i : _y.t: 1 Title: ;II • 07►70011C' Notary Public: /� 'V3r OF FLORIDA 1 -22 1 + u i n c, r ,' 0 CC; 44686 t rev OyMbSION UP. NOV. 19,1996 1 SECTION G 1 DISCLOSURE OF LOBBY ACTIVITIES 1 Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities ", in accordance with its instructions. 11 (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants and contracts under Grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. f 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 civ'1 penalty of not less than $10,000 and not more tha $100,000 f each such failure. / / Signed: O� 4 441..e/1 Dated: 1fll 1 ( fs C tract is Authorized Representative I -23 1 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDA Acknowledgment of Addenda 1 Addendum No. Signature Date (AA y • Vc. U,. 7�a 7/9 1 1 1 r 1 1 I 1 1 1 I -24 1 SECTION I 1 1 1 THIS SECTION NOT USED 1 1 1 1 1 E E 1 i 1 1 1-25 SECTION J 1 BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60- 553.64, FLORIDA STATUTES) STATE OF FLORIDA) I ) COUNTY OF MONROE) SS BEFORE ME, the undersigned authority, personally appeared GAS ��1,11 who, being duly sworn, deposes and says as follows: g Y P Y 1 That he is the duly authorized representative of - 0 Co u_ Aic e Co Sccti y/ - a,� . II (Name of Bidder) being its U ( Ce , ,e i d� I (Owner) (Partner) (Prsident 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: S Cc) sT Co rn okt & c • i ca)O s - s5 1 14-ti Y F , o 1 woo o c 3 3 o a 3 1 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub -part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment 11 Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with the Florida Trench Safety Act (Sections 553.60- 553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: I -26 (: 1 1 Trench Safety Measure Unit of Unit Unit Extended (Description) Measure Quantity Cost Cost (LF, SY) CcLLI 5 )5l - A -c Cori UrUcP..c �a N� B So coJ,Jdt 0 To10'Tcon j I W 1?� CON :; 1 dc�`, 0+13 F'e,JCC J. cD _.. — C D — — 1 TOTAL: $ 1 Signature of Authorized Representative: I AAP /A.1%. I. _. ti C ce_ - 2fesi le. -/ e i a719( 1 Title ) Date STATE OF: -Y/Y; J 1 COUNTY OF: 1 The foregoing instrument w owledged before me this a7 day of e�nh-4 19 by G -�s . r ri m I (Sole, Corporation or Partnership) who is personally known to me or who has produced as identification and who did/did not take an oath. /, , f■ rf ' (Si. ature of Nota - lic, 1 State of Florida at Large) /Z9% rA/ �,,C .9on 1 (Print name of Nota` l`y Public) OFFICIAL NOTARY SEAL My Commission expires MARLENE DELGADO I f Wiitsn Y r; M lL S i ATz OF FLORIDA (20 a _r ,SION NC t 2 %r r 1 1 1 I -27 1 1 � SECTION K 1 1 THIS SECTION NOT USED 1 1 1 1 1 j 1 1 1 1 1-28 e c 1 1 SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 1 MONROE COUNTY, FLORIDA I ETHICS CLAUSE C f s I4-C " //11 -� warrants that he/it has not I employed, "retai d or otherwise had act on his /its behalf any former County o icer or employee in violation of Section 2 of 1 Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its discretion, I terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise I recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County off %cer or ems .yee. '(Signature) II Date: /3 7/g (o I STATE OF: 4 1 COUNTY OF: i fO( II PERSONALL PPEARED BEFORE ME the , undersigned authority, Y G43 , �1 -/n'i� who, after first being sworn by me affixed his /her signature )(name of individual signing) in the space provides above r on this 0 2:7 day of Sy e.n b -c! , 1921. ' (Sig ature of t." Public, St to of Florida at Large) 1 ..3.9LhWW r � 19A00 (Print name of Notary Public) I OFFICIAL NOT kRY SE a; My Commission expires 1 N1ARL! N E L ELGA'() NCJI AR s ' tiFt IC 5T ? C 1. : LORi:, - )', I I -29 1 1 1 DIVISION II CONTRACT 1 SECTION A - PUBLIC CONSTRUCTION BOND II -2 1 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY II -4 1 SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS II -5 1 SECTION D - CONTRACT II -6 1 1 1 1 1 1 1 1 1 1 1 Revised 2/96 II -1 1 1 SECTIONA awe, No. SA (31'Sr]3 1 PUBLIC CONSTRUCTION BOND 1 BY THIS BOND, We SUn , as Principal and SQ,,r roSUreuiCd. CO,v (Xn 9 , a corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of $ 35(0, 361. 00 (minimum 100% of total bid amount) for payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract dated C 7"� /lQ , 19 �Q , between Principal and County for construction of Construct Perimeter Fencing & Related Work located at Key West International and Marathon Airport, the Contract being made a part of this Bond 1 by reference, at the times and in the manner prescribed in the Contract. 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida ' Statutes, supplying Principal with labor, materials or supplies used directly or indirectly by Principal in the prosecution of the work provided for in the Contract; and 3. Pays the County all losses, damages, including but not limited to delay damages, expenses, costs and attorney's fees, including appellate proceedings, that County sustains because of a default by Principal under the Contract; and 4. Performs the arantee of all work and materials furnish under r gu furnished u de the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statutes. Any changes in or under the Contract Documents and compliance or non - compliance with any formalities connected with the Contract ' or the changes does not affect Surety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement ' of the work subject of this bond. 1 Dated on , 19 PRINCIPAL: Address. B: y A' Attorney -in- ,ac II -2 1 1 1 1 SURETY: Gzar rrisora.YY, (2p,vp CU Address: 1000 N4dt011f1'cld /&frtir R1. 514 I V or he, Si N.1 e$aN3 1 Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, 1 Florida Statutes. 1 1 1 1 1 1 1 1 1 1 1 1 II-3 1 T { SAAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY NO.: SA 1 314573 (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint CHARLES J. NIELSON OF MIAMI LAKES, FLORIDA its true and lawful attorney -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 or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount the sum of one million ($1,000,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution " k adopted by the Board of Directors of the Company on the 7th day of January, 1993. "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 WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995. Attest: STAR INSURANCE COMPANY By �1LG/ M o Ernes tine Dougherty, Assistant Vice Presi t ¢ 0 v Marc S. Willner, Senior Vice President STATE OF MICHIGAN } N SEAL } SS.: COUNTY OF OAKLAND } On this 13th day of March, 1995, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE 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. v EENA r � %; I , . /l J 0 NOTARY � NOTARY PUBLIC �•.° N My Commission Expires: f pt/B -��' ;+ COLLEEN KEL. , zcou CERTIFICATE Notary Public, Oaidand Canty, MI My Commission Expires Apt. 30,1999 I, the undersigned, of STAR INSURANCE COMPANY, a Michigan 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 Southfield in the State of Michigan. Dated the day of , 19 . 2 2 7d - it•Yee- Mary Jd4tenaud, Assistant Secretary 6033- Mar.95 Page 1 of 1 1 1 SECTION B CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned the duly 1 authorized and acting legal representative of the Monroe County Board of Commissioners do hereby certify as follows: I have examined the attached Contract and Surety Bonds and the i 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 1 agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. 1 1 Signature: 1 Date: 1 1 1 1 1 1 1 1 II -4 1 1 1 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners 1 Key West, Florida REF.: Construct Perimeter Fencing & Related Work ' Key West International and Marathon Airport Y rP Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not 1 have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. ' 4. Changes or alterations provided for in the original bid and originals contract. 1 ' Contract.. BY : AO/AMA ! .',�� 1 / Title: t i 1 1 1 1 II -5 1 1 1 SECTION D CONTRACT TO Construct Perimeter Fencing & Related Work 1 Rey West International and Marathon Airport THIS AGREEMENT made and entered into the /� 0 day of 1 l I (p by and between S v IJ (ate sY iU ce. Co . J � Contractor, and the Monroe County Board of Commissioners, Key West, 1 Florida, Owner. 1 WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: ' 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and ' Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Construct Perimeter Fencing & Related Work Rey West International & Marathon Airport ' 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the second party and shall fully complete all work hereunder within 120 calendar days from and after said date. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Ap roxi ately I � p h uJcO ce1) « #Jc.Q �� F-? S; )c 7OUSc Ad ' l p , un►riL C P�� () c Ci - s o.,0 )n 9 - 11,6 s 1 Dollars (W4,3\1 an) in accordanc with lump sum and unit prices set fortli in the proposal. 1 1 II -6 1 1 1 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the on the Contractor basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed 1 strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs ' incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation ' otherwise to be paid to the Contractor, the Owner may retain the sum of $ 400.00 per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have ' sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that e if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be ' unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or 1 bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, 1 each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. 1 1 II -7 1 1 1 C O 1.) C c race— co,,, Y - • I j /(Contrac•r) l (Monroe County Board of Commissioners By: l i . t _ ■e.k 4. By: 1 Title: ' ' - ' .!_:1 Title: 1 WITNESS: % , . _�A" WITNESS STATE OF :LORIDA I . the undersigned authority, a Notary Pyb lic in for said County and State hereb cert'fy that C rC " I whose name as 11 ire -- 2-ces c Ye?T of ,4 • _ ►_ lit • is signed to the for instrument and who is 'known to 'm-, acknowledged before me on this day that being informed of the I 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 27 day of .2 ej Te•'4 / - , 19`7 1 �il�.v. O . 1 Notary is OFFICIAL NOTARY SEAL. (SEAL 1 htARLENE DEI.CADO ATTEST: DANNY L KOLHAGE NOTARY PUBLIC. STATE O FLORIDA , CLERK • CCMMI ZION NO. CC24488 MY COMMISSION EXP. NOV. 19,1996 BY 1 DEPUTY CLERK 1 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK APPROVED AS TO FORM 1 BY . - =/ DEPUTY CLERK ROBERT N. W qLF ' 1 DATE ; - "_ 1 1 . 1 II -8 1 1 1 1 1 1 1 1 1 1 GENERAL PROVISIONS 1 1 1 1 1 1 1 1 DIVISION III GENERAL PROVISIONS 1 SECTION 10 - DEFINITION OF TERMS III -2 1 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS III -7 1 SECTION 30 - AWARD AND EXECUTION OF CONTRACT III -11 SECTION 40 - SCOPE OF WORK III -13 SECTION 50 - CONTROL OF WORK III -17 SECTION 60 - CONTROL OF MATERIALS III -25 1 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. III -29 SECTION 80 - PROSECUTION AND PROGRESS III -42 SECTION 90 - MEASUREMENT AND PAYMENT III -49 SECTION 100- SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION III -56 SECTION 110- GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS III -57 1 1 1 1 1 III -1 1 1 DIVISION III - GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: ' 10 -01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10 -02 ACCESS ROAD. The right -of -way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10 -03 AIP. The Airport Improvement Program, a g rant -in -aid program, administered by the Federal Aviation Administration. (No AIP funds are included in this Project.) 1 10 -04 ADDENDUM. A modification of the plans or other Contract documents issued by the Engineer and distributed to prospective bidders prior to the opening of the proposal. 1 10 -05 ADVERTISEMENT. A public announcement, (Notice to Bidders) as required by local law, inviting bids for work to be performed and materials to be furnished. 10 -06 ADVISORY CIRCULAR. A document issued by the FAA containing g informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. ' 10 -07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10 -08 AIRPORT. Airport 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. 1 10 -09 ASTM. The American Society for Testing and Materials. 10 -10 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 1 III -2 1 1 1 10 -11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10 -12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who 1 submits a proposal for the work contemplated. 10 -13 BUILDING AREA. An area on the airport to be used, ' considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 1 10 -14 CALENDAR DAY. Every day shown on the calendar. 10 -15 CERTIFICATES OF COMPLIANCES. Written statements by the ' manufacturer stating the material furnished is in conformance with the Specifications. 10 -16 CHANGE ORDER. A written order to the Contractor covering changes in the Plans, Specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the Contract. 10 -17 CONTRACT. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Advertisement; the Contract Form; the Proposal; the Performance Bond; the Payment Bond; any required insurance certificates; the Specifications; the Plans, and any addenda issued to bidders. 10 -18 CONTRACT DOCUMENTS. The written agreement covering the work ' to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10 -19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the Contract. 1 10 -20 CONTRACT TIME. The number of calendar days stated in the proposal, allowed for completion of the Contract, including authorized time extensions. 10 -21 CONTRACTOR. The individual partnership, firm or P P� corporation primarily liable for the acceptable performance of the 1 work contracted and for the payment of all legal debts pertaining III -3 1 1 to the work who acts directly or through lawful agents or employees to complete the Contract work. 1 10 -22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 1 10 -23 ENGINEER. The individual(s), partnership, firm, or corporation duly authorized by the Owner (Sponsor) to act as the contractual representative. 10 -24 EQUIPMENT. All machinery, together with the necessary rye g rY supplies for upkeep and maintenance, and also all tools and 1 apparatus necessary for the proper construction and acceptable completion of the work. 10 -25 EXTRA WORK. An item of work not provided for in the awarded Contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as 1 previously modified. 10 -26 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his duly authorized representative. 10 -27 FDOT. The State of Florida Department of Transportation. 10 -28 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10 -29 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and /or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. ' 10 -30 INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is 1 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. 1 Any reference to a specific requirement of a numbered ara rah of P g P the Contract Specifications or a cited standard shall be 1 interpreted to include all general requirements of the entire 1 III -4 1 1 section, specification item, or cited standard that may be pertinent to such specific reference. 1 10 -31 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. I 10 -32 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, I 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. 1 10 -33 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the I award Contract. All other items shall be considered minor Contract items. I 10 -34 MATERIALS. Any substance specified for use in the construction of the Contract work. 10 -35 MIL SPECIFICATIONS. The Military Specifications and I Standard, and indices thereto, that are prepared and issued by the Department of Defense. I 10 -36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual Contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the Contract time begins. II 10 -37 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. 1 For AIP contracts, the term Sponsor shall have the same meaning as the term Owner. For Passenger Facilities Charges (PFC) contracts, the term Applicant shall have the same meaning as the term Owner. 1 10 -38 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. II 10 -39 PUBLIC CONSTRUCTION BOND. The approved form of security furnished by the Contractor and his Surety as a guaranty that he will pay in full all bills and accounts for materials and labor I used in the construction of the work and will complete the work in accordance with the contract. II 10 -40 NOT USED IN THIS CONTRACT. 10 -41 PLANS. The official reproductions s or exact roductions which P show the location, character, dimensions and details of the airport I and the work to be done and which are to be considered as a part of the Contract, supplementary to the Specifications. II III -5 II 1 10 -42 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 1 10 -43 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions 1 of the Plans and Specifications. 10 -44 PROPOSAL GUARANTY /BID BOND. The security furnished with a ' proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 1 10 -45 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10 -46 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or materials involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in Specifications. 10-47 47 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract Specifications by reference shall have the same force and effect as if included in the Contract physically. 10 -48 SPONSOR. Shall mean the same as Owner. 10 -49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the work. 10 -50 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, i handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10 -51 SUBGRADE. The soil which forms the pavement foundation. 1 10 -52 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10 -53 SUPPLEMENTAL AGREEMENT. A written agreement between the 11 Contractor and the Owner covering: (1) work that would increase or decrease the total amount of the awarded Contract, or any major III -6 I! 1 1 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 1 Contract. 10 -54 SURETY. The corporation, partnership, or individual, other 1 than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 1 10 -55 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking 1 areas. 10 -56 WORK. The furnishing of all labor, materials, tools, 1 equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. 1 10 -57 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 1 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. SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS 20 -01 NOTICE TO BIDDERS. An official notice to bidders stating the 1 time and place for the submission of sealed proposals on designated projects or proposed work. This notice shall contain a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, Plans, Specifications, and the 1 reservation of the right of the Owner to reject any or all bids. 20 -02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the 1 Owner satisfactory evidence of his competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past 1 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 financial responsibility. Such 1 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 III -7 1 1 1 submitting such financial statements or reports, the bidder shall further certify whether his financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his (bidder's) true financial condition at the 1 time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the 1 certified statements or reports hereinbefore specified. 20 -03 CONTENTS OF PROPOSAL FORME. 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 1 attached or not. 20 -04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to ' refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: (a) Failure to comply with any prequalification regulations ' of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. 11 (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 1 bidder. (c) Contractor default under previous contracts with the Owner. (d) Unsatisfactory work on previous contracts with the Owner. 20 -05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be ' furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made III -8 1 1 1 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. 1 20 •06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, Plans, Specifications, and Contract forms. He shall ' satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. ' The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans, and Specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and ' agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 11 20 - 07 PREPARATION OF PROPOSAL. The bidder shall submit his proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the ' proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his proposal correctly and in ink. If the proposal is made by an individual, his name and post office address must be shown. If made by a partnership, the name and post office ' address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his authority to do so and that the signature is binding upon the firm or corporation. 1 1 III -9 1 1 1 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. 1 (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. 1 (c) If the ro osal does not contain a unit price for each P P P 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 1 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. 1 20 - 09 PROPOSAL GUARANTY /BID BOND. Each separate proposal shall be accompanied by a bid bond, certified check or other specified acceptable collateral, in the amount specified in the proposal 1 form. Such bond, check or collateral, shall be made payable to the Owner. 20 - 10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed ' proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the ' time specified for opening all bids. Proposals received after the bid opening time shall be returned to.the bidder unopened. ' 20 - 11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time 1 specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 1 1 III -10 1 1 20 -12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the ' advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic 1 request) or received after the time specified for opening bids shall be returned to the bidder unopened. 1 20 -13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: 1 (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 1 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. 1 (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. i SECTION 30 - AWARD AND EXECUTION OF CONTRACT 1 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 1 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: 1 (a) If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. 1 (b) If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. 1 In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive 1 technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. 1 All such actions shall promote the Owner's best interests. 1 III -11 1 1 1 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 1 specified herein. Award of the Contract shall be made by the Owner to the lowest, I qualified bidder whose proposal conforms to the cited requirements of the Owner. I 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 1 with the subsection titled APPROVAL OF CONTRACT of this section. 30 -04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, I except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest I bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful Bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will I be returned as soon as the Owner receives the Contract Bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS. I 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 1 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 I otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the Contract. I The successful bidder shall furnish separate performance and payment bonds each in the full bid amount, unless otherwise specified in the Contract Documents. I 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 I 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 1 recommended. 30 -07 APPROVAL OF CONTRACT. Upon receipt of the Contract and I Contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the Contract in 1 III -12 1 1 1 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. 1 SECTION 40 - SCOPE OF WORK 1 40 -01 INTENT OF CONTRACT. The intent of the Contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract. 1 40 -02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be 1 necessary or desirable to complete the work originally intended in an acceptable manner. The Owner may increase or decrease the originally awarded Contract quantities, provided that the aggregate of such alterations does not change the total Contract cost or the total cost of any major Contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the Contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original Contract. These alterations which are for work within the general 1 scope of the Contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of Contract time where, in the Engineer's opinion, such 1 extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any 1 Contract item that requires a supplemental agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion. 1 1 III -13 1 1 1 All supplemental agreements shall be approved by the FAA or FDOT, as applicable, and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental 1 agreement exceeds $2000. However, if the Contractor elects to waive the limitations of work that increases or decreases the originally awarded Contract or any major Contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Security of Labor wage determination as was included in the originally awarded Contract. 1 40 -03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any Contract item, except major Contract items. Major Contract items may be omitted by a supplemental agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement. Should a Contract item be omitted or otherwise ordered to be non - performed, ' the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 1 40 -04 EXTRA WORK. Should acceptable completion of the Contract require the Contractor to perform an item of work for which no ' basis of payment has been provided in the original Contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra Work that is within the general scope of the Contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the Contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original Contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. 1 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 1 equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the 1 III -14 1 1 free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his own operations and the operations of all his subcontractors as specified in the subsection ' titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his own operations and the operations of all his P P P 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 1 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 1 performance of work that is otherwise provided for in the Contract, Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such 1 maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his own estimate of all labor, materials, 1 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. 1 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 1 be measured or paid for directly, but shall be included in the various Contract items. 1 III -15 1 1 1 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. 1 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 1 Owner when so utilized in the work. 40 -07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORE. Should ' the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the Contract to be either embankment or waste, he may at his option either: (a) Use such material in another Contract item, providing such use is approved by the Engineer and is in conformance with the Contract Specifications applicable to such use; or, (b) Remove such material from the site, upon written approval of the Engineer; or (c) Use such material for his own temporary construction on 1 site; or, (d) Use such material as intended by the terms of the 1 Contract. Should the Contractor wish to exercise option (a), (b), or (c), he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option (a), (b), or (c), the Contractor shall be paid for the excavation or removal of such material at the applicable Contract price. The Contractor shall replace, at his own expense, such material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Contract work. The Contractor shall not be charged for his use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option (a), the Contractor shall be paid, at the applicable Contract 1 price, for furnishing and installing such material in accordance III -16 1 1 with requirements of the Contract item in which the material is used. 1 It is understood and agreed that the Contractor shall make no claim for delays by reason of his exercise of option (a), (b), or (c). 1 The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the Contract, Plans, or Specifications. 40 -08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. he shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. SECTION 50 - CONTROL OF WORK 50 -01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications of Plans relating to the work, the fulfillment of the Contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and qualify of the several kinds of work performed and materials furnished which are to be paid for the under contract. 11 50 -02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, 11 material requirements, and testing requirements that are specified (including specified tolerances) in the Contact, Plans or Specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the Plans and Specifications but that the portion of the work affected will, in his opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his determination that the affected work be accepted and remain in place. In this event, the Engineer will document his determination and recommend to the III -17 1 1 Owner a basis of acceptance which will provide for an adjustment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his opinion, needed. Changes in the Contract price shall be covered by Contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in "reasonably close conformity" with the Plans and Specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the Contract, Plans, and Specifications. The term shall not be construed as waiving the Engineer's right to insist on strict specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to used good engineering judgment in his determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans, and Specifications. I For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, and Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50 -03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract, Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract technical Specifications shall govern over Contract General Provisions, Plans, cited standards for materials or testing, and cited FAA advisory circulars; Contract general provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars; Plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. III -18 The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his interpretation and decision, and such decision shall be final. 50 -04 COOPERATION OF THE CONTRACTOR. The Contractor will be supplied with two copies each of the Plans and Specifications. He shall have available on the work at all times one copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his inspectors and with other Contractors in very way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between Contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his agent on the work. The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer or his authorized representative. 50 -05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this Contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same projects shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection his Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of the other Contractors working within the limits of the same project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50 -06 CONSTRUCTION LAYOUT AND STARES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the III -19 1 work. Such stakes and markings as the Engineer may set for either his own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50 -07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the Contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 78 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the Contract. 50 -08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his representative of any failure of the work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his decision. 50 -09 OBSERVATION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the 1 Contractor as is required to make a complete and detailed observation. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will 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. 1 1 III -20 Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the Contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (Contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility Owner a party to the Contract, and shall in no way interfere with the rights of the parties to this Contract. 50 -10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the Contract, Plans, and Specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled Contractor's RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority, will be considered as unauthorized and 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. i Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 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. 1 The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling 'of materials over the base course or surface under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the III -21 expiration of the curing period. The Contractor shall be responsible for all damage done by his hauling equipment and shall correct such damage at his own expense. 50 -12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. 50 -13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the condition that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the condition that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50 -14 PARTIAL ACCEPTANCE. If any time during the prosecution of the project the Contractor substantially complete a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to examine the unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the Contract, he may accept it as being completed, and the Contractor °may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the Contract. 50 -15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will review the complete project. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract, Plans, and Specifications, such review shall constitute the final review. The III -22 Engineer shall notify the Contractor in writing of final acceptance as of the date of the final review. 11 If, however, the review discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another review will be made which shall constitute the final review, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final review. 50 -16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as Extra Work, he shall notify the Engineer in writing of his intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be constructed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50 -17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to be defective or not in accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice form the Owner to do so. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any III -23 obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed by law. 50 -18 CONTRACT CLOSE -OUT. Subsequent to the final acceptance of this project by the Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: a. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. b. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS on the form furnished by the Engineer. c. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT on the form furnished by the Engineer. d. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. e. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. f. If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. g. In addition to the above, the Contractor shall provide all documents required in Special Provision No. 1, Section 25. 50 -19 CONCEALED CONDITIONS. Should conditions encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation of the conditions if shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily by maintained at the level indicated. 1 III -24 50 - 20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50 - 21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contact will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. SECTION 60 - CONTROL OF MATERIALS 60 -01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished within 30 calendar days after execution of the Contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that rP g g conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment III -25 is cited in the Plans or Specifications, the Contractor shall furnish such equipment that is: (a) Listed in FAA Advisory Circular (AC) 150/5345 -53A, Airport Lighting Equipment Certification Program, that is in effect on the date of advertisement; and, (b) Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. Airport lighting equipment, if any, required for this Contract and to be furnished by the Contractor in accordance with this subsection, is listed by equipment name, cited FAA specification, and effective FAA Advisory Circular or approval letter for equipment and manufacturer in the Special Provisions of this Contract. 60 -02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his request. 60 -03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," III -26 11 II 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 II clearly identify each lot delivered and shall certify as to: (a) Conformance to the specified performance, testing, 11 quality or dimensional requirements; and, (b) Suitability of the material or assembly for the use intended in the Contract work. Should the Contractor ro ose to furnish an "ore al" material or P P equal" he shall furnish the manufacturer's certificates of 11 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 II the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. I 60 - 04 PLANT INSPECTION. The Engineer or his authorized representative may inspect, at its source, any specified material I or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be II used in the work and to obtain samples required for his acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: I (a) The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for II materials. (b) The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or II production of the materials being furnished. (c) If required by the Engineer, the Contractor shall arrange II 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. II 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 I Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. II III -27 I 1 I 60 -05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. 11 Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from 11 errors or omissions in the shop drawings. 60 - 06 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a Contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the Contract work is completed. 60 - 07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upoh request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his entire III -28 1 1 11 expense, except as otherwise agreed to in writing by the owner or lessee of the property. 60 -08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos -based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60 -09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner furnished materials shall be included in the unit price bid for the Contract item in which such Owner furnished material is used. After any Owner furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner- furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner- furnished materials. SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 70 -01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals 11 having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. III -29 1 1 70 -02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70 -03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the IF Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, 1 or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70 -04 RESTORATION OF SURFACES DISTURBED BY OTHERS. Except as listed in the drawings, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed elsewhere in the Contract documents. When ordered as Extra Work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans, or Specifications. 70 -05 FEDERAL AID PARTICIPATION. For AIP /WPI contracts, the United States Government (FAA) and /or the State of Florida (FDOT) has agreed to reimburse the Owner for some portion of the Contract costs. Such reimbursement is made from time to time upon the Owner's (Sponsor's) request to the FAA /FDOT. In consideration of the United Sates Government's (FAA) and /or the State of Florida's (FDOT's) agreement with the Owner, the Owner has included provisions in this Contract pursuant to the requirements of the Airport Improvement Act (Act) of 1982, as amended, and /or the Joint Participation Agreement (JPA) and the Rules and Regulations of the FAA and FDOT that pertain to the work. As required by the Act /JPA, the Contract work is subject to the inspection and approval of duly authorized representatives of the FAA /FDOT, and is further subject to those provisions of the rules III -30 11 1 and regulations that are cited in the Contract, Plans, or Specifications. No requirement of the Act /JPA, the rules and regulations implementing the Act /JPA, or this Contract shall be construed as making the United States Government /State of Florida a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract. 70 - 06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the state and local Board of 1 Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and II 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 11 health or safety. 70 -07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his operations and those of his subcontractors and all suppliers, 11 to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his own operations and those of his subcontractors and all suppliers in accordance II 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 I subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70 - 08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such 11 barricades, warning signs, and hazard markings shall be suitably illuminated. 11 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 II by the United States Government Printing Office). When the work requires closing an air operations area of the I airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting II III -31 II 1 11 conforming to the requirements of AC 150/5340 -1, Marking of Paved Areas on Airports, latest edition. 1 The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his parked construction equipment that may be hazardous t to the operation of emergency fire - rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370 -2, Operational Safety on Airports During Construction Activity, latest edition. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory 1 Circular 150/5370 -2, latest edition. The Contractor shall furnish and erect all barricades, warning IF signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70 -09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. The Contractor shall not use runways, to operations portions of the taxiways or other paved areas on the air o p p airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall be Contractor's vehicles or equipment and men from along the edge of the runway /taxiway /apron to allow aircraft operations on the pavement. 70 -10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage III -32 t 1 shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. 11 The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 11 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. 11 The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in 11 consequence of the non- execution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. I 70 -12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his surety may be held until III -33 1 1 such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable II 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. 1. 70 -13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended II 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 1 personal injuries or property damage pursuant to the terms or provisions of the Contract. 70 -14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be I 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, I the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. Upon completion of any portion of the work listed above, such portion II shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. II No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and II shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the Contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his expense. 70 -15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's II 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 I 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 I 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 I except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, IT III -34 1 1 including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and sodding furnished under his Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70 -16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA), or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency IF are known to exist within the limits of the Contract work, the approximate locations have been indicated on the'Plans and the Owners and THE PERSON TO CONTACT are indicated in the Special Provisions or General Notes. It is understood and agreed that the Owner does not guarantee the Ir 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 11 his responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the Owners of all utility services or other facilities of his plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. 1 III -35 1 1 In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in his plan of operations ' that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of his plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility Owner's PERSON TO it CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility Owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his operations whether or not due to negligence or accident. The Contract Owner 1 reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his surety. 70 -17 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70 -18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the Contract provisions or in exercising any power or authority III -36 1 1 granted to him by this Contract, there shall be no liability upon the Engineer, his authorized representatives, or any officials of ' the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70 - 19 NO WAAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or estopped from recovering from the Contractor or his surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70 - 20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs including waters of the Atlantic and Gulf of Mexico with fuels, oils, bitumens, chemicals, or other harmful materials and to It prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. 1 (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. III -37 1 1 (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. 1 (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control schedules and methods of operations have been accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. ' The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise 1 specified. (1) Control of Water Pollution and Siltation. 1 a. All work of water pollution and siltation control is subject to inspection by the local and /or state governmental enforcing agent. b. All applicable regulations of fish and Wildlife agencies 9u g and statues relating to the prevention and abatement of pollution 1 shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area of erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any on time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to ' final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and 1 maintenance work or to restrict the area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and 1 III -38 1 1 containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stillin g basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked in prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water form aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and /or state governmental enforcing agent. i. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the Work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. b. All burning shall conform to the conditions of the permit, except that the conditions herein shall apply if they are more restrictive. 1 III -39 i 1 c. No tires, oils (except atomized fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built -up area nor within 100 feet of any standing 1 timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built -up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of 1 smoke over a nearby town or built -up area. g. Burning shall not be permitted when the danger of brush ' of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid ' the danger of brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire - fighting equipment and tools readily available. 1 (3) Control of Other Air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. ' c. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. ' e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. 1 f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. g. Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. 1 1 III -40 1 i h. Applications of chemicals and bitumens shall be held to recommended rates. 1 i. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. 1 j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit ' potential pollutants to the satisfaction of the Engineer. 70 -21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the ' site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the 1 United States Department of Interior. Should the Contractor encounter, during his operations, any building, part of a building, structure, or object which is ' incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations ' in order to protect an archaeological or historical finding, or order the 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. 1 70 -22 THIS SECTION NOT USED. 70 -23 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in 1 III -41 1 force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contractor, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 1 70 -24 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Subcontractors entered into pursuant to this Contract, that the Contractor and any Subcontractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. SECTION 80 - PROSECUTION AND PROGRESS 1 80 -01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by another designated, qualified representative ' who is duly authorized to receive and execute orders of the Engineer. 1 Should the Contractor elect to assign his Contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated ' only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80 -02 PRE - CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed ", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 1 80 -03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date Contract time will be charged. The Contractor shall begin the Work to be performed under the Contract within 10 calendar days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction will begin. 80 -04 PROSECUTION AND PROGRESS. Unless otherwise specified, the r Contractor shall submit his progress schedule for the Engineer's ® approval within 10 days after the effective date of the notice to 1 II1 -42 1 1 proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the Plans and Specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the Contract time and modify his operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for ' any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any work prior to the date set forth in the notice to proceed. 80 -05 LIMITATION OP OPERATIONS. The Contractor shall control his operations and the operations of his subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the Contract work requires the Contractor to work 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. 1 80 -06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and 1 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 1 III -43 1 1 and in the operation of the equipment required to perform the work satisfactorily. 1 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 1 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. 1 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 1 accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications. 1 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, 1 he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the 1 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 1 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 1 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. 1 80 -07 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or 1 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 1 or perform any or all provisions of the Contract. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner 1 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. 1 III -44 r 80 -08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar days allowed for completion of the work shall be stated in the proposal and Contract and shall be known as the Contract Time. Should the Contract Time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: 1 (a) CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his weekly statement of the number of working days charged against the Contract Time during the week and the number of working days currently specified for completion of the Contract (the original Contract Time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his weekly statement of Contract Time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work ' force be on a double- shift, 12 hours shall be used. Should the normal work force be on a triple- shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the 1 Engineer for reasons not the fault of the Contractor shall not be charged against the Contract Time. (2) The Engineer will not make charges against the Contract Time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the Contract Time on the first working day after the effective date of the Notice to Proceed. (4) The Engineer will not make charges against the Contract Time after the date of final acceptance as defined in the subsection title FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his objections to the Engineer's weekly statement. If no objection is filed within such specified 1 time, the weekly statement shall be considered as acceptable to the Contractor. Contract Time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF PROPOSAL QUANTITIES of Section 20. Should the 1 III -45 1 1 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 1 extension of Contract Time that has been covered by change order or supplemental agreement and shall be made at time of final payment. (b) Contract Time based on Calendar Days shall consist of the number of calendar days stated in the Contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non -work days. All Calendar Days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the Contract time shall be increased ' in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the Contract time shall not consider either cost of work or the extension of Contract Time that has been covered by a change order or supplemental agreement. Charges against the Contract Time will cease as of the date of final acceptance. (c) When the Contract Time is a specified completion date, it shall be the date on which all Contract Work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his control to complete the work within the Contract Time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80 -09 FAILURE TO COMPLETE ON TIME. For each calendar day, as specified in the Contract, that any Work remains uncompleted after the Contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this section) the sum specified in the Contract and proposal as liquidated damages will be deducted from any money 1 III -46 1 due or to become due the Contractor or his surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his Contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the Contract. 80 -10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his Contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: (a) Fails to begin the work under the Contract within the time specified in the "Notice to Proceed," or (b) Fails to perform the 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 1 (e) Fails to resume work which has been discontinued within a reasonable time after notice to do so, or (f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or (g) Allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) Makes an assignment for the benefit of creditors, or (i) For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the Contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner 1 III -47 1 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 e the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80 -11 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of National Defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, excluding home office overhead (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points 1 of delivery as may be designated by the Engineer. Termination of the Contract or a portion thereof shall neither relieve the Contractor of his responsibilities for the completed work nor shall it relieve his surety of its obligation for and concerning any just claim arising out of the work performed. t SECTION 90 - MEASUREMENT AND PAYMENT III -48 1 90 -01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Engineer, or his authorized 1 representatives, using units of measurement specified in the Contract Documents. The method of measurement and computations to be used in L determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good Engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (1 sq. meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Engineer. Structures will be measured according 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 (meter) such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the I/ manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level III -49 1 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 (meter) may be weighed, and such weights will be converted to cubic yards (meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon, ton or liter. When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT work of this section. When standard manufactured items are specified such as fence, wire, , , plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or III -50 1 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 (23 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. 11 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. 11 Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighing- accuracy test will be reduced by the percentage of error in excess of one -half of one percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit Contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the Contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of III -51 1 the work shown on the Plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90 -02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the Contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other Contract item which may appear elsewhere in the Contract, Plans, or Specifications. 90 -03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted 11 quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his unbalanced allocation of overhead and profit among the contract, items, or from any other cause. 90 -04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any Contract item, except major Contract items, in the best interest of the Owner. Should the Engineer omit or order none rformance of a Contract item or portion of such item from the work, the Contractor shall accept payment in full at the Contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non - perform such Contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. III -52 In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90 -05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra Work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the Contract prices or agreed prices specified in the change order or supplemental agreement authorizing the Extra Work. When the change order or supplemental agreement authorizing the Extra Work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated 11 and agreed upon allowance for overhead and profit, excluding home office overhead. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statements. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, III -53 I/ then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90 - P ARTIAL P Yl4ENTS. Partial payments will be made at least once eac montht s the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with 11 the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the Contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90 -07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of III -54 I/ the Contract, Plans, and Specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: (a) The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. (b) The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. 11 (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 I/ stockpiled. (e) The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the Contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. r 90 -08 PAYMENT OF WITHHELD FUNDS. (Not used in this Contract.) 11 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 III -55 I/ the Engineer of his objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. SECTION 100 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91 -596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91 -54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370 -2C "Operational Safety of Airports with Emphasis on Safety During Construction ". In addition, the Contractor will be required to comply with all Safety 11 and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plan Sheet 2 of 11, "Summary of Quantities, Safety and Security Notes ". SECTION 110 - GENERAL INSURANCE REQUIREMENTS FOR 1 III -56 I/ CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre - staging of personnel and material), the Contractor shall obtain, at his /her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the It commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines 1: specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: - Certificate of Insurance, or - A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. III -57 c The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners its employees and Y Y officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. I! 1: ( 1: t III -58 I/ To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Statutory Limits Compensation WC1 Employer's Liability $100,000/$500,000 /$100,000 WC2 X Employer's Liability $500,000/$500,000 /$500,000 1r WC3 Employer's Liability $1,000,000 /$1,000,000 /$1,000,0 00 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000 /person; $300,000 /occurrence $ 50,000 property damage or $300,000 combined single limit ■ GL2 $250,000 /person; $500,000 /occurrence ® $ 50,000 property damage or $500,000 combined single limit GL3 X $ 500,000 /person; $1,000,000 /occurrence $ 100,000 property damage or $1,000,000 combined single limit Required Endorsement: III -59 :,; 5 II GLXCU X Underground, Explosion & Collapse (XCU) I GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. 1 VEHICLE LIABILITY I As a minimum, coverage should extend to liability for: - Owned, Non -owned and hired vehicles II Required Limits: VLI $ 50,000 /person; $100,000 /occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000 /person; $300,000 /occurrence $ 50,000 property damage or , $300,000 combined single limit 1 VL3 X $ 500,000 /person; $1,000,000 /occurrence $ 100,000 property damage or li $1,000,000 combined single limit 1: MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Equal to the max. value of Limits any one shipment it PRO1 Professional Liability $250,000 /occurrence PRO2 $500,000 /occurrence 1 PROS $1,000,000 /occurrence POL1 Pollution Liability $500,000 /occurrence 1 POL2 $1,000,000 /occurrence POL3 $5,000,000 /occurrence [ I ED1 Employee $10,000 ED2 Dishonesty $100,000 I GK1 Garage $300,000 ($25,000 /vehicle) I III -60 1 II II GK2 Keepers $500,000 ($100,000 /vehicle) II GK3 $1,000,000 ($250,000 /vehicle) MED1 Medical $500,000/$1,000,000 Agg. 1 MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. I IF Installation Floater Max. Value of Equip. Installed II VLP1 Hazardous $300,000 (Requires MCS -90) VLP2 Cargo $500,000 (Requires MCS -90) II VLP3 Transporter $1,000,000 (Requires MCS - 90) II BLL Bailee Liability Max. value of property HKL1 Hangarkeepers' $300,000 Liability II HKL2 $500,000 HKL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 1: AIR3 $1,000,000 II AEO1 Architects' Errors & $250,000 /occurrence /$500,00 Omissions 0 Agg. AE02 $500,000 /occurrence /$1,000, 000 Agg. AE03 $1,000,000 /occurrence /$3,00 0,000 Agg. II INSURANCE AGENT'S STATEMENT II I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: 1 POLICY: C nil. . .,T7 ,Z 180 DEDUCTIBLES: Li 1 t7 I PR III -61 1 Liability policies are Occurrence Claims Made Insurance Agency ignatu III -62 1 BIDDER'S STATEMENT I understand the insurance that will be undatory awarded the contract and will comply in full with al /he requ :ments. Co s . cnlre Co) Zip • c .i441 Bidder j Signature I! 1: I; 1: It f: 1: 1 III -63 1 II WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR I CONTRACT: ( k) e sT X • 9 01 O. Cm CYO A"' C ( i `yei BETWEEN MONROE COUNTY, FLORIDA AND II SO J.0 CO aS) Joc CZ . -- 1-it-c_ } . 1: Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. I In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: I $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee II Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -V1 as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida Department of I! Labor as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor shall be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a I: Certificate of Insurance will be required. In addition, the Contractor will be required to submit updated financial statements from the fund upon request from the County. 1: I: E 1 III -64 t 1 I/ II GENERAL LIABILITY INSURANCE REQUIREMENTS FOR I CONTRACT: R-ev 14)4 7.2A.71 9 1 at o7U AL BETWEEN MONROE COUNTY, FLORIDA AND 1 S O O COa e - Cr) , • 2 - II Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and II include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage II The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) I: If split limits are provided, the minimum limits acceptable shall be: It $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage An Occurrence Form olic is preferred. If coverage 'is provided on P Y P P a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of I: work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 3 I: I: III -65 1: 1 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: IC e t W Q T s-L - . C 610vfaltku,10 44670A- BETWEEN MONROE COUNTY, FLORIDA AND cc 1L) C�a�,I �e Ge. Co • ] - II Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: - Owned, Non -Owned and Hired Vehicles It The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 4; I! I; 1: 1 t c III -66 I/ GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: C IAOe T Ait. `'blo 11,c r' BETWEEN MONROE COUNTY, FLORIDA oK) Cda -T 2 0c CD• � a . Recognizing that the work governed by this contract involves either underground exposures, explosive activities or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse and underground) exposures with limits of liability equal to those of the General Liability Insurance Policy. 1r it 1: It i Irk III -67 E r 1 1 1 1 1 SPECIAL PROVISIONS 1 Y I 1 1 1 1 C A IF DIVISION IV SPECIAL PROVISIONS SP -1 PROJECT GENERAL REQUIREMENTS SP -2 CONSTRUCTION PHASING AND WORK SEQUENCING SP -3 CONTRACT TIME AND LIQUIDATED DAMAGES SP -4 PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES SP -5 SAFETY AND SECURITY REQUIREMENTS SP -6 RESIDENT PROJECT INSPECTION SP -7 LIST OF DRAWINGS SP -8 PRECEDENCE OF DOCUMENTS SP -9 TEMPORARY FACILITIES SP -10 DEWATERING SP -11 MONROE COUNTY'S PROCEDURES FOR MONTHLY (PARTIAL) AND FINAL PAY REQUESTS AND RELATED FORMS t 1 1 IV -1 1 SPECIAL PROVISION NO. 1 PROJECT GENERAL REQUIREMENTS 1. SCOPE OF WORK. The work under this project consists of the R p � construction of perimeter fencing, vehicular drive gates, I fence /gate grounding and removal of existing chain link fencing as shown on the plans and included in these specifications. 2. WORK LOCATION. The work is located on the Key West International Airport in Monroe County, Florida. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No. 2 included hereinafter. t 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within sixty (60) calendar days as stipulated in Special Provision No. 3. 5. PLANS. The lans included in this contract are listed i p d n Special Provision No. 7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision No. 4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non - execution of the work of this project. t The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. The Contractor shall provide protective shoring and sheet piling, as required, at all existing structures, walls, and related items where they may be affected by installation of new work. 11 All conflicts discovered between existing underground utilities or structures and new fencing and gate work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). IV -2 1 1 1 8. CONSTRUCTION LAYOUT AND STARES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existing conditions and the Contract Documents, he shall within seven (7) calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. A. General Project Safety: Inasmuch as each work area will be accessible to and used by the public, the Owner and other companies doing business at the Airport during the ' construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area ' unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. 1 B. Airfield Safety and Security: All work conducted on this project shall conform to the Safety and Security requirements included in Special Provision No. 5. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected (if required) with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE- CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre - construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other inter- ested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of 1r IV -3 1 1 1 procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 1 12. COORDINATION AND PROGRESS MEETINGS A. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special preinstallation meetings. The Engineer or RPR will require repre- sentation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. B. The Engineer or RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRATIVE /SUPERVISORY PERSONNEL. The Contractor shall provide a full -time Project Superintendent for the duration of the Project. He shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act in the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the IV -4 1 1 1 occurrence within one day of the occurrence. 15. SCHEDULE OF WORE A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. 1 B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in -place construction. 1 16. PROGRESS SCHEDULE. A. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary construction schedule indicating a comprehen- sive overview of the Project including an activity line for each of the work segments to be performed at the site. 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof 1 submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show ' " as- built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordina- tion meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the 1 approved schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. 1 1 IV -5 1 1 1 Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified 1 in colored pencil. 19. MAINTENANCE OF TRAFFIC. ' A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pave - 1 went or facilities caused by his operations. B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic 1 shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. ' C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accom- plished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. 1 D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees ' shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contrac- tor's logo or name, directional arrows and "deliveries ". Signs shall be of sufficient size to have 6" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and 1 Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. 1 G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty -eight 1 (48) hours notice to the Engineer. IV -6 1 1 H. All Contractor's material orders for delivery to the work • site will use as a delivery address, the street name and number assigned to the access point onto the airport. The Dame "KEY WEST INTERNATIONAL AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedes- trian, automobile, or other necessary function of the Airport or any of the Airlines). ' 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. ' 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to inter- ference. 1 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in duplicate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. 1 J. Personnel Traffic: 1) General: All construction personnel shall be 1 restricted to construction areas. 2) Use of Public Areas: The Contractor's workmen shall ' not utilize public areas for taking their "work breaks" or "lunch breaks ". Areas for this purpose can be designated by the Owner upon request. No public toilets shall be used by any workmen at any time 1 unless approved by the Engineer and /or Owner. 20. DAILY CLEAN -UP AND TRASH REMOVAL. 1 A. Debris from this work shall be promptly removed from the 1 IV -7 1 1 1 site at least daily. It shall not be allowed to become a hazard to the safety of the public. 1 B. The Contractor shall be responsible for clean -up and trash removal. Accumulation of trash and debris will not be allowed and the Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's 1 payment. 21. CLEANING AND PROTECTION. ' A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily mainte- nance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable 1 components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, ' damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents ' 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism 1 1 IV -8 1 D. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and 1 materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. 1 Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner 1 with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or ' Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement 1 resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, ' or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. 1 22. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be 1 furnished, at no charge, three (3) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. 1 A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be 1 continuously updated to reflect the "as- built" condition of all work included in this Contract. 1 The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they 1 are issued. Approved copies of all shop drawings and other submittals 1 are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. 1 ICI -9 1 1 111 B. Record Documents: 1) Definition: Record copies are defined to include ' those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's 1 records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Rec 1 copies include newly - prepared drawings (if any are specified), marked -up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked -up product data submittals, record 1 samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is ' otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark -up Procedure: During progress of the work, 1 maintain a white -print set (blue -line or black - line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. 1 Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross- reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distin- guish between changes for different categories of 1 work at the same general location. Mark -up important additional information which was either shown schematically or omitted from original ' drawings. Give particular attention to informa- tion on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar identification. Require each person preparing the mark -up to initial and date the mark -up and indicate the name of the firm. 1 Label each sheet "PROJECT RECORD" in 1 -1/2 inch high letters. IV -10 1 1 1 In showing changes in the work use the same legends as used on the original drawings. Indi- cate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. b) Preparation of Transparencies: In preparation for certification of substantial completion on the last major portion of the work, review the completed mark -up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of corrected transparencies for contract drawings. 1 The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1 -1/2 inch high letters. Printing as required herein is the 1 responsibility of the Engineer. c) Copies, Distribution: Upon completion of trans- 1 parency record drawings, the Engineer shall prepare three blue -line or black -line prints of each drawing, regardless of whether changes and additional information were recorded thereon. 1 The Engineer shall then organize each of three copies into manageable sets, bind with durable paper cover sheets, and print suitable titles and 1 dates. The mark -up set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the 1 Engineer shall submit one set of mylars and one set of prints, with changes noted thereon, to the Owner. 1 3) Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major 1 sub - contractors. 4) The Engineer shall be the sole judge of the accept- ability of the Record Drawings. Receipt and 1 acceptance of the As -Built drawings is a pre - requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and 1 similar modifications issued in printed form during construction, mark -up variations (of substance) in actual work in comparison with text of specifications 1 and modifications as issued. Give particular attention to substitutions, selection of options, and 1 IV -11 1 1 similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark -up, submit to the Engineer for the Owner's records. Label the front cover "PROJECT 1 RECORD" in 1 -1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left -hand pages of the Project Manual, facing printed right -hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark -up significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark -up of record drawings and specifications. Upon completion of the mark -up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1 -1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record - keeping and submit- tals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready IV -12 1 1 for continued use and reference. Submit to the Engineer for the Owner's records. Categories of requirements 1 resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on any excavations, foundations 1 underground construction, wells and similar work. 2) Concrete mix certifications. e 3) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are made. 1 G. Project Close -out Close -out is hereby defined to include general require- ments near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close -out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed ", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. IV -13 1 1 d) Advise the Owner of endin insurance change-over g a -over g requirements, if required. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certifi- cates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials and similar physical items to the Owner. g) Make final change -over of locks and transmit keys to the Owner, and advise Owner's personnel of change -over in security provisions. h) Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock -ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Con- tractor's' request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: ° a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, includ- ing touch -up of marred surfaces. 11 IV 714 1 1 c. Touch -up and otherwise repair and restore marred exposed finishes. 2) Re- inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2) week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of reinspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all materialmen and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and 1 completed operations where required. b) Furnish the Contractor's Affidavit of Release of 1 Liens (2 copies) that all materialmen and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 84, Florida Statutes, as amended, to obtain complete releases of lien. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, IV -15 1 1 material suppliers, and countersigned by the g Y Contractor for operating equipment. f) Submit specific warranties, workmanship- mainte- nance bonds, maintenance agreements, final certifications and similar documents. 11 g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace 11 as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. 1 j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. 1) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. m) Submit actual DBE participation percentages. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire- resistive location; provide access to record 11 documents for the Engineer's reference during normal working hours. 23. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal "clean" condition. 1 IV -16 r 1 B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remaining after the comple- tion of the associated work have become the Owner's property, dispose of these as directed by Owner. 1 1 1 1 1 1 1 1 1 1 1 11 IV -17 1 1 1 PAGE 18 IS NOT IN THIS CONTRACT. 1 e 1 1 1 1 1 1 1 r 1 1 1 1 1 IV -18 1 SPECIAL PROVISION NO. 2 CONSTRUCTION PHASING AND WORK SEQUENCING PHASING The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No. 1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual fence and gate construction shall begin until the construction progress schedule has been approved by the Engineer. WORK SEQUENCING It is anticipated that the work will be accomplished according to the following sequence: 1. Submittal and approval of shop drawings, materials or related construction items. 2. Mobilization and layout of the proposed work. 3. Clearing and grubbing. 4. Fence /gate post installation, including curing of concrete associated with post foundations. 5. Fence /gate installation. 6. Fence ate grounding. . g g 7. Removal of existing fence /gates. 8. Final site clean -up. 9. Final acceptance. WORK LIMIT$ The Contractor's work operations shall be limited to a work "corridor" of twenty -five feet (25') on each side of the proposed fence alignment unless otherwise authorized by the Engineer. 1! 1 I17 1 SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME The Contractor shall be required to complete all work included in this contract within sixty (60) calendar days from the effective date of the Notice -to- Proceed. LIQUIDATED DAMAGES If the work included in this contract is not completed within the contract time stated above, the Contractor will be assessed liquidated damages of FOUR HUNDRED DOLLARS ($400.00) for each calendar day the work overruns the allotted contract time. 1 1 1 1 1 1 1 1 1 1 IV -20 1 ■ PAGES IV -21 THROUGH IV -23 f ARE NOT USED FOR THIS CONTRACT 1 1 1 1 1 IV.-21 1 SPECIAL PROVISION NO. 4 11 PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables I/ leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. 11 D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposed to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the 11 IV -24 1 1 1 materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. Should the repair require splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. 1 1 1 1 1 1 1 1 1 1 1 1 IV -25 1 1 SPECIAL PROVISION NO. 5 SAFETY AND SECURITY REQUIREMENTS (Ref.: FAA Advisory Circular 150/5370 -2C) A. SAFETY REQUIREMENTS 1. Construction Sequencing. All construction being accom- plished under this contract shall be in accordance with the sequencing indicated on the drawings. 2. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two -way radio with the Airport UNICOM during all hours of operations. The Contractor's radios shall operate on the local UNICOM control frequency of 122.8. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the 1 UNICOM operator. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two -way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. 3. Construction Activity and Aircraft Movements. During the time that the Contractor is performing the work under this I/ project, the Airport will remain in use by aircraft except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, subcontractors, materialmen or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order IV -26 i 1 1 the Contractor to suspend his operations, remove his r personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. II 4. Limitations of Construction a. All Contractor vehicles that are authorized to operate II on the Airport outside of the designated construction area limits or haul routes as specified on the plans and in the active Aircraft Operations 'Area (AOA) shall li display in full view above the vehicle a 3' x 3 each larger orange and white checkerboard flag, checkerboard color being 1' square. Any vehicle operating in the active AOA during the hours of II darkness shall be equipped with a flashing amber (yellow) dome -type light mounted on top of the vehicle and of such intensity to conform to local codes for maintenance and emergency vehicles. b. All Contractor vehicles that are required to cross I active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and II the Airport. The flagman shall remain with his vehicle at all times. Flagman shall be furnished by the Contractor. All aircraft traffic on runways, taxiways II and aprons shall have priority over Contractor's traffic. c. No runway, taxiway apron or aircraft roadway shall be I/ closed without written approval of the Airport Manager to enable necessary "Notices to Airman" (NOTAM) or advisories to airport service or tenants. A minimum of I 48 hours' notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 1 d. Any construction activity within 200' of an active runway centerline or 94' from an active taxiway centerline or open excavations in excess of three II inches (3 ") deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Manager. Closure I requires the same provisions as Paragraph c. above. e. Open flames, welding or torch - cutting operations are I prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the Airport Manager. 1 IV -27 1 1 f. Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of 10 knots. g. Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of visibility and darkness. h. The Contractor must provide his authorized personnel with radios operating on the UNICOM frequency of 122.8 for clearance when crossing active runways or taxiways. i. Contractor to provide barricades across pavement to isolate construction activities from aircraft operating areas at locations as determined by the Resident Inspector. Barricades to be orange and white striped "saw- horse" or "low- silhouette" type barri -cades with battery operated yellow flashing lights. Each barricade shall have a minimum of two flashing lights with the intensity of the lights being of such brightness so as to be readily identified during darkness periods. Barricades to be spaced approx- imately 20' on centers. Barricades to be sandbagged as necessary to prevent being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. j. During runway closures, the Contractor shall provide temporary runway closure markers on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise 1 approved by the Engineer. k. Equipment and materials shall not be left on or within 400' from active runway centerlines and 93' from active taxiway centerlines after work operations are ceased each work shift. 1 1. The Contractor shall keep all active airfield pavement clear of all debris, sto:°ss and other materials during construction. All active pavement shall be cleaned and inspected by the Contractor's superintendent prior to release of work crews after each shift of work. m. All construction barricades shall be inspected by the Contractor's superintendent prior to release of work crews after each work shift to ensure barricades are properly placed and lighted for non -work hours. IV -28 1 li li n. Open trenches, excavation an d stockpiled material will II not be allowed within 200' of centerline of active runways or within 84' of active taxiways. Coverings for open trenches must be of such strength as to II support the weight of a 60,000 pound arross weight aircraft on an FAA dual -gear type o. All existing facilities, equipment (runway /taxiway li lights, visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items caused by the II Contractor or Subcontractors shall be immediately repaired and restored to a condition similar or equal to the original condition. 5. payment. No separate pae enAllhcostsenecessary to the provide rrequirements stated abov these items or services shall be included in other bid items quoted in the Bid Proposal. li B. SECURITY REQUIREMENTS 1. General Intent. It is intended that the Contractor herein. shall with all security requirements specified The Contractor shall designate to the Engineer in writing the name of his "Contractor her Contractor ff on er the CS security CSO shall represent requirements of the contract. 2. Construction Security Committee. The Committee shall be established concurrent with the life of this contract to I/ monitor, coordinate and adopt new security provisions, if r4quired, on all matters of airport security relating to this contract. Meetings shall be scheduled by the include id en t II Inspector. Committee membership shall "Contractor Security Officers ", Resident Inspector and Airport Operations. II 3. Contractor Personnel Sec rity Orientation. The Contractor Security Officer shall be responsible for briefing all contractor personnel requirements. II contractor employees shall be briefed on these requirements prior to working in the construction area. II 4. Identification of Personnel. The Contractor shall furnish the Resident Inspector, prior to the Notice to Proceed, with a list of all personnel who will be assigned to the project. The Contractor will assign a number to each person on his list and furnish each individual with that number signed by a member of the esence on the job has Each authorization to authorize his p I IV -29 II II person shall display his identification at all times and he II will not be permitted on the job without said identification. The identification shall be in the form of a badge showing his number, photograph and other information which the Owner may require. II 5. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and subcontractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive identification of the unit at all times. In lieu of II issuing individual permits, the CSO can require each vehicle to display a large company sign on both sides of vehicles and advise Airport Operations, through the Resident Inspector, a current list of companies authorized 1/ to enter and conduct work on the Airport. Contractor employee personal vehicles are not allowed on the airfield at any time. Ili 6. Contractor Personnel Security Orientation. The Contractor Security Officer shall be responsible for briefing all contractor personnel on these requirements and, from time II to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to It working in the construction area. 7. A ccess to the Site. Contractor's access to the site shall II be as shown on the plans or as directed by the Engineer or Resident Inspector. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor shall be 1/ responsible for traffic control to and from the various construction areas on the site. The Contractor shall not permit any unauthorized construction personnel or traffic II on the site. The Contractor is responsible for immediate clean -up of any debris deposited along the access route as a result of his construction traffic. Directional signing at the access gate and along the delivery route to the r storage area or work site shall be directed by the Engineer. II 8. Materials Delivery to the Site. All Contractor's material orders for delivery to the site must be escorted by the Contractor. This will preclude delivery trucks from I entering into the Airport or taking shortcuts through the perimeter gates and entering into aircraft operations areas inadvertently. 9. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the II IV -30 II 1 1 Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain marking and/or I perimeter of these areas suitable fencing, g ndd he warning devices visible for day /night use. 10. payment. No separate payment for the above security I requirements shall be made. All costs necessary to cover these items and services shall be included as part of other 1 bid items quoted in the Bid Proposal. 1 1 1 1 • 1 1 1 1 1 I/ IV -31 1 1 1 SPECIAL PROVISION NO. 6 RESIDENT PROJECT REPRESENTATIVE 1. ON -SITE OBSERVATION. The Resident Project Observation for this I contract shall be performed by the Engineer or his duly authorized representative. I 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE (RPR). The RPR's duties and responsibilities are to: a. Monitor performance of the Contractor; require correction II of work that does not meet plans and specifications; and report serious problems to the Engineer and Owner. I b. Determine test sites /locations, coordinate and supervise testing. I c. Interpret plans and specification details. d. Resolve minor construction observation. 1 e. Maintain project records. f. Review and approve requests for payment to the Contractor. 1 g. Conduct day -to -day construction observation. h. Maintain a project diary on a daily basis. I i. Maintain up -to -date records on quantities of work performed and quantities of materials in place. 1 j. Contact Engineer for advice and assistance when needed and when major problems arise. II k. Recommend to the Engineer when a Change Order or Supplemental Agreement is required. 1 1 1 1 1 IV -32 1 1 SPECIAL PROVISION NO. 7 LIST OF DRAWINGS The drawings which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the contract supplementary to the specifications are as follows: Sheet 1 No. Description ' 1 Cover Sheet 2 Summary of Quantities, Safety and Security Notes I (Key West) Project Layout Plan (Key West) 4 -5 Existing Fence and Gate Plan (Key West) 1 6 -7 Proposed Fence and Gate Plan (Key West) 8 Fence and Gate Details (Key West) 1 9 Summary of Quantities, Safety and Security Notes (Marathon) 10 Project Layout Plan (Marathon) 11 -12 -13 Proposed Fence and Gate Plan (Marathon) 14 Proposed Fence Detail and Gate Tabulation (Marathon) 15 Fence and Gate Details (Marathon) 16 Power Sliding Gate Details 1 1 1 1 1 1 I17733 1 1 SPECIAL PROVISION NO. 8 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division I)(including any and all Addenda) B. Contract (Division II) 1 C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale ' general drawings) 1 1 1 1 1 1 1 IV -34 1 1 1 SPECIAL PROVISION NO. 9 TEMPORARY FACILITIES I 1. GENERAL DEFINITIONS I A. This section specifies certain minimum temporary facili- ties to be provided regardless of methods and means selected for performance of the work but not by way of I limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without I delaying work or endangering persons or property; comply with reasonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicated, costs associated I with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. I D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the 1 airport complex. E. Noise Control: Where work is being conducted in or adja- cent to occupied areas, the Contractor shall make every 1 effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service I for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authori- I ty or agency. Provide Type A extinguishers in field offices and for 1 similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non - hazardous areas. Smoking 1 in existing premises is prohibited. G. Environmental Protection: Review exposure to possible I environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, II excessive noise and similar problems). ■ IV -35 1 1 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the I course of construction. II The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occu- pied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to I existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as II required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 1 3. TEMPORARY STAGING /STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field 1 office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone I will be available on site. Equipment not in use during construction, nights and /or I holidays shall be parked in areas designated by the Engi- neer and Owner. Construction workers' private vehicles shall be parked within the areas. I B. During construction, the Contractor shall maintain these areas in a neat condition. 1 The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condi- I tion to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean -up and I restoration of the storage area. Personal vehicles will not be permitted beyond the I Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. 1 1 1 1 IV -36 1 1 C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be II reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and /or security. II 4. TEMPORARY CONSTRUCTION FACILITIES A. De- watering: Maintain construction work free of water I accumulation. Do not endanger the work or adjacent properties. B. Miscellaneous Facilities: Provide miscellaneous facili- 1 ties as needed including ladders, runways, shoring, scaf- folding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 1 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed I to properly support the primary construction process and meet governing regulations. I B. Drinking Water: Provide either pipe- connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced I so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located 1 on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 I workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water -borne type connected to an approved existing 1 sanitary sewer. Toilets shall be placed or installed in conformity with I local governing code requirements and shall be enclosed in a weather - tight, fly -proof building with a self - closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll -type toilet I paper holder and a supply of standard, roll -type toilet tissue. 1 The premises shall be thoroughly disinfected at least twice each_week. Provide means for locking the door from the outside and keep locked at all times except during 1 hours that workmen are at the project site. 6. TEMPORARY UTILITY SERVICES 1 A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at II IV -37 1 1 the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall II immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. II B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, 1 Bureau of Workmens' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and I all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and I connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. 1 D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate 1 the utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for 1 all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS 1 The staging area(s) depicted on the plans shall be used to house the Contractor's and Resident Inspector's offices and to store all idle equipment, supplies and construction materials 1 (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of I this contract, at his expense, a six -foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary I to provide adequate ingress /egress. Additionally, the perimeter of a'y staging area which abuts an active operation pavement shall be marked with yellow flashing II barricades no more than 50 feet apart. Upon completion of all work, remove all construction fencing 1 and barricades from the project site. The Contractor's vehicles, equipment and materials shall be stored in the area designated on the plans. Upon completion L of the work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Owner. 1 Personal services will not be permitted beyond the Contrac- tor's parking area. Drivers of vehicles being operated beyond 1 IV -38 1 this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and /or holi- days will be parked in the Contractor's staging area. Excep- tions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and may or may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or limerock, will be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. _ The Contractor shall provide all necessary temporary environ- mental controls as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be 1 considered incidental to the project. 1 1 1 1 1 1 IV -39 1 1 SPECIAL PROVISION NO. 10 DEWATERING Dewatering operations and any permits necessary to complete any portion of this project, including, but not limited to, fence \gate post excavation, backfill, installation of fencing and gate materials shall be considered incidental to the bid item for which 1 de- watering may be necessary. No separate payment will be made for the cost of dewatering. 1 1 1 1 1 1 1 1 1 1 1 1 IV -40 1 1 SPECIAL PROVISION NO. 11 MONROE COUNTY'S PROCEDURES FOR MONTHLY (PARTIAL) AND FINAL PAY REQUESTS AND RELATED FORMS 1 In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 "MEASUREMENT AND PAYMENT" and in Special Provision No. 1 "PROJECT GENERAL REQUIREMENTS" Section 22 (Division IV), the Contractor shall comply with the Monthly and Final Pay Request Procedures shown on the enclosed (Page IV -42) County of Monroe letter issued by Mr. William A. Bibo, A.I.A., Monroe County Construction Manager. All pay requests shall be prepared by the Contractor on the forms and within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests shall be submitted in two (2) originals and two (2) copies (one copy to Engineer and one copy to County Construction Manager) unless otherwise instructed by the Engineer. • 1 1 1 1 1 1 1 IV -41 1 • A �_�.� B OARD OF COUNTY COMMISSIONERS _ K a -- MAYOR, Shirley Freeman, District 3 ----- Mayor Pro Tem. Jack London, District 2 I (____ UNTY MONROE - :4, f ,:; .�� ;; Wilhelmina Harvey, District 1 FLORIDA 33040 , " "' ..41 A41 „r'+ Mary Kay Reich, District 5 (305) 294 -4641 il' KEY WEST l . • 11 Keith Douglass. District 4 � ! . - `' . . , 1 e . j .1 . , ” tip F ' I . P ROCEDURE FOR MONTHLY PAY REQUEST The County Finance Department processes payments on Wednesday; therefore, it is necessary that CORRECT Pay Request Documents, signed by the Architect, signed and notarized by the Contractor, be received by the Construction Manager no later than Wednesday for you to receive payment by the 1 second Friday following submittal. PROCEDURES AND FORMS FOR FINAL PAY I To help expedite your final payment, it is necessary for the Construction Manager to have a complete package of documents 20 days in advance of requested pay date. I A minimum of ten working days is required from receipt of correct documents (signed by the Architect) for Construction Manager to obtain necessary signatures and submit project for FINAL PAY. You need to have all required forms and releases tumed in to Architect on the job. with copies submitted to I Construction Manager. The following documents (samples attached) are needed to receive FINAL PAY on a project I CM DOCUMENT APPLICATION AND CERTIFICATE FOR PAYMENT (2 ORIGINALS) CM DOCUMENT CONTINUATION SHEET AIA DOCUMENT G -701 CHANGE ORDERS AIA DOCUMENT G -704 CERTIFICATE OF SUBSTANTIAL COMPLETION I AIA DOCUMENT G -706 CONTRACTOR'S AFFIDAVIT OF DEBTS AND CLAIMS AIA DOCUMENT G -706A CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS AIA DOCUMENT G -707 CONSENT OR SURETY TO FINAL PAY Also, All Warranties and Guarantees Required by Contract. 'As -Built drawings from job, including red -lined site plan. Notarized ORIGINAL separate Final Release of Liens from all Sub - Contractors and/or material and equipment suppliers, certification that all Utility bills (i.e., electric, local water) 1 have been paid, and a complete list of Sub - Contractors with addresses and phone numbers. isYOUR responsibility to ensure the completeness of the FINAL PAY PACKAGE. Incompleteness I will result in delay of FINAL PAY. FINAL PAY REQUESTS will not be processed until a the required documents are received by Construction Manager. FINAL PAY REQUEST must be submitted no later than 30 DAYS after final project completion and acceptance. 1 - 1 Contractor's Signature 1 Wiliam A. Bibo, A.I.A. Construction Manager IV -42 1 .1 • • • T D I . 7 Q O. c v rn u c y o 3 N • Jo N al N C C t L D 4.I 0 ▪ C a/ d t 0 11 1 o°o c iii t�� -d Q U E o = 7, A >. 1 a ad c `° d co ° c a al �QEvg ° 'o c u -o U O ..f. .6 I DU 0 m v o C y a O C N d x Q 2u. 0 m 0 d >ma`a) E .3 r .6 5 d c 0 °- Ott .... al O O ,.�. O 2 U H 0 0 5 o. 2 iii $ is to a E 0 U� o o m a c � _ Q ° 0, Q. C • Q . . 2 C O U T H d J N 0 c c c al 0 8 a0 V N �, Q N c c � m E 0 v o E LL ` c 0 6- 0 = E ° 44 N TO t R U C W a d € a U E m a di T c C U :d .. 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R. :0 V. 0 eLLo i 4 W U 1 O F Q D Z H 0 F + F' W 1 OZO F ~ �W N U J U CL Q Q ggW� cc tu K D Q O z 1 ° W a 111111111111111 . S n r n >• Ou t4 z o E t= w co J + co . . S o.7, o m 2 a o 1 li m LL ° C b ` W a) N '. d 0 �+ co � ? W • <4 -- c c w< N 0 E-4 x O g ° d co W w ° 1:3.0 as 111111111111 , W w � Z d t N > o rz 0..-000 0 d d � 3 LL O w C o) 5 .. w ° El A ti c° .2 -a P 1 Z c ° a Z O O N E-{ ¢ 9— , 0 Z `—° ° co c 0 w =0" Wo G. C N .c Z 0 ¢ i IV - • 1 CHANGE OWNER ❑ . • ARCHITECT ❑ ORDER CONTRACTOR ❑ FIELD O I AIA DOCUMENT G701 OTHER ❑ • r PROJECT: CHANGE ORDER NUMBER: (name, address) DATE: I TO CONTRACTOR: ARCHITECT'S PROJECT NO: (name, address) CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: I 1 1 1 I Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed M Price) was S Net change by previously authorized Change Orders S The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was S I The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of 5 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be . S I The Contract Time will be (increased) (decreased) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is I NOTE: This summary does mu reflect changes in the Contract Sum. Cexttract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. I ARCHITECT CONTRACTOR OWNER Address AdCLcai Addreu - II BY BY BY I DATE _ DATE DATE • . ..•7 .l1 :;-: -- ,:. - .7.1 .'. •ihic. :•:]., - his .:.u:ic.r, :...i..... .. ..... -- • :, ' • . ._ - . •)CC.:i •itvar. . :. __i .-.)° .: AIA DOCUMENT G701 • CHANGE ORDER • 19$7 EDITION • AIA° • ©J 19K • TIIE I AMERICAN INSTITUTE OF ARCHITECTS. I' 35 NEW YORK AYE.. \.W.. WASHINGTON. D.C. 4ax16 G701 -1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. IV -45 CERTIFICATE OF () \C NI :It u 1 SUBSTANTIAL COMPLETION ` RCIIITI.`• , ° CONTRACTOR ❑ ' AIA DOCUMENT G704 FIELD ❑ I (Instructions on reverse side) OTHER ❑ PROJECT: PROJECT NO.: (.Vann• and addre .$) I CONTRACT FOR: CONTRACT DATE: TO OWNER: TO CONTRACTOR: I Mane and address) (Name 1 ac(dress) 1 I DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: 1 The Work performed under this Contract has been reviewed and found. to the Architect's best knowledge. information and belief. to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion r thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its III intended use. The date of'Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents. except as sated below: 1 • A list of items to he completed or corrected is attached hereto. The failure to include any items on such list does not alter respon- sihility of the Contractor to complete all Work in accordance with the Contract Documents. 11 ARCHITECT - BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within days from the above date of Substantial Completion. I CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at P 8 (time) on (date). 1 OWNER BY DATE 1 The responsibilities of the Owner and the Contractor for security. maintenance. heat, utilities. damage to the Work and insurance shall he as follows: Mae—Owner's and Contractor's legal and /rrsurattee morsel slxurld determine and re•r•iew Insurance requirements and er 1 I _``l(�fl AIA DOCUMENT 0704 • CIiKTIEWATr•. of SCIIST xTI.\I. COMPLETION • 1./ EDITION • . &I.\'' • Sil'N2 • Till: gill . \ >IEHI(:kN IX'.IIT E OF AKt:t11TEe: s. I -t4 Nti \C VOKK .\VE \I•E. N.V.. \ S..IIING 1).e:. 4MMK,•:_V: IV - 46 / ht laws and will subject the violator to legal rosecution. G704 -1992 - e,. WARNING: Unlicensed photocopying violates U.S. copyright I 9 P 1 CONTRACTOR'S OWNER CHITECT o n AFFIDAVIT OF CONTRACTOR ❑ - SURETY ❑ 1 PAYMENT OF OTHER DEBTS AND CLAIMS I AIA Document G706 TO (Owner) ARCHITECT'S PROJECT NO: 1- - 1 CONTRACT FOR: • 1 DA TE: L 1 CONTRACT I PROJECT: (name, address) I State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document - I A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and fo• all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. I EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) 1 1 1 - • 1 SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever I Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, Address: may be used for this purpose. Indicate attachment: (yes ) (no - ). I The following supporting documents should be at- BY: tached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. Subscribed and sworn to before mc this 2. Separate Releases or Waivers of Liens from Sub- day of VI contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- Notary Public: I companied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AIA My Commission Expires: DOCUMENT G706A). I AIA DOCUMENT G706 • CON1 ,\CTOR'S ArFIDAV't OF PAYMENT OF DEBTS AND CLAIMS • A1'h11 '1170 111111( r IV -47 c)xt. I'A<:1 i V4 • ` 1 • THE AMCRICAN INSTITUTE. or ARCHITECTS, 1735 NEW YORK AVE., NW. WASI IING1 ON. D.C. IOW, t.. • • . CONTRACTOR'S OWNER 0 , ARCHITEtT I AFFIDAVIT OF CONTRACTOR RELEASE OF LIENS SURETY I AM DOCUMENT G706A TO (Owner) ARCHITECT'S PROJECT NO: 1 1 1 CONTRACT FOR: I L J CONTRACT DATE: PROJECT: . I (name, address) State of: I County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases I or Waivers of Lien attached hereto indude the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. I EXCEI'TIONS: (If none, write "None". If .required by the Owner, the Contractor shall (urni.h bond- satisfactory to the Owner for each exception.) 1 1 1 1 . I SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTC ° 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 1 2. Separate Releases or Waivers of Liens from Sub- Address: contractors and material and equipment sup - I pliers, to the extent required by the Owner, ac- companied by a list thereof. BY: I Subscribed and sworn to before me this day of 1'1 I Notary Public: My Commis Cxpires: I Ain DOCUMENT G7OGA • CON IKACTOR'S AffII)AVIf Of RELCASE OF UCNS • AI'R(I 1970 COITION • AI,V) ■) 19 :11 • ' IIIC A /ALI: C:AN INS III it' C Of AKcIIt1 LC:rs. I7}1 NCW YOKK AVC. N\V \VA.111N(:ION, U.C. _(m6 IV -48 i1 \f. 1': \(:1 1 ' . •• I CONSENT OF OWNER CHITECT o SURETY COMPANY CONTRACTOR o TO FINAL PAYMENT SURETY AIA DOCUMENT G707 L PROJECT: (name, address) I TO (Owner) . "1 ARCHITECT'S PROJECT NO: CONTRACT FOR: • L J CONTRACT DATE: I CONTRACTOR: 1 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the • • there insert name and address of Surety Company) , SURETY COMPANY; on bond Of (here insert name and address of Contractor) , CONTRACTOR, I . hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Company of any of its obligations to pta•C inwtt n.uuc +nd ♦dcicess .4 Ownvit , OWNER, I 1 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, day of 19 the Surety Company has hereunto set its hand this y Surety Company Signature of Authorized Representative Attest: (Seal): Title — _ NOTE: This form is to he ,.wcl as a companion document t0 AIA OOCCMtCNT G70(.. CONTRA( 1OR'S AMU/WIT (11 PAVNtINI i N HI Itf< AND I CLAIMS, Current Ccition — <1NC r•\GC nln DOCUMENT G707 • ( OF CIF SURETY IITfc TS 17 NOEW FINAL PAYMENT • APRIL 1970 YORK AVC., NW. VASH WASHINGTON. C. ?000(, IV 49 1 1 1 i 1 1 1 1 I TECHNICAL SPECIFICATIONS 1 ■ 1 ■ 1 1 DIVISION V TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Spec. No• Description M -100 Mobilization 1 F -162 Chain Link Fences F -163 Fence Removal 1 T -901 Seeding 1 1 1 1 1 1 1 1 1 1 V -1 1 II I ITEM M -100 - MOBILIZATION II 100 -1 DESCRIPTION The work specified in this section consists of the preparatory work and operations in mobilizing for beginning work on the project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the II project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by these specifications, the special I provisions and state and local laws and regulations. The costs of bonds and any required insurance and any other preconstruction expense necessary for the start of the work, excluding the cost of I construction materials, shall also be included in this section. 100 - BASIS OF PAYMENT I 100 -2.1 The work and incidental costs specified as being covered under this section will be paid for at the contract lump sum price for the item of Mobilization. - 1 Payment shall be made under: Item No. M -100 -1 Mobilization -- lump sum I 100 - 2.2 Partial Payments Partial payments will be made in accordance with the following: of Orig. Allowable % I Contract Amt. of Lump Sum Earned Price of Item* 5 25 I 10 50 25 75 50 100 II * Partial payments for any project will be limited to 10% of the original contract amount for that project. Any remaining amount will be paid upon completion of all work on the project. II The retainage will be applied to these allowances. Partial payments made on this item shall in no way act to preclude or limit II any of the provisions for partial payments otherwise provided for by the contract. II r 1 M -100 -1 1 ITEM F -162 - CHAIN LINK FENCES 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 established by the Engineer. MATERIALS 162 -2.1 FABRIC. The fabric shall be woven with a 9 gauge wire in a 2 inch (50 mm) mesh, barbed selvage top and bottom fabric height 72 inches and shall conform to the following requirements: 162 -2.1.1 Base Bid. The chain link fence fabric included in the base Bid shall conform to the requirements of ASTM A 491 with the fabric steel wire being aluminum coated before weaving. Wire used in the fabric shall conform to the requirements of ASTM A 817, Type I (aluminum coated) with a minimum aluminum coating of 0.4 ounce per square foot of uncoated wire surface. The coated wire shall have a diameter of at least 0.192 inch (4.88 mm) with a minimum breaking strength of 2170 pound -foot as per Table 1, ASTM A 817. The fabric shall have twisted selvage top and bottom with clear acrylic coating applied to both selvage areas after weaving. 1 162 -2.1.2 Alternate Base Bid. The chain link fence fabric used in the Alternate Base Bid shall conform to the requirements of ASTM A 392, Class 2 coating. The fabric shall have twisted selvage top and bottom with any chipped, scraped or other bare metal surfaces field- coated with "Galvaneal" or equal rust protective paint. 162.2.2 BARBED WIRE. All barbed wire furnished under this contract (Base Bid and Alternate Base Bid) shall be fabricated from two strands of 12 -1/2 gauge aluminum- coated wire with four -point barbs of 14 gauge aluminum- coated steel or aluminum alloy wire. Barbed wire shall conform to the requirements of ASTM A 585, Type II (high security). 162 -2.3 POSTE, RAILS AND BRACER. Fence posts, rails and braces furnished under this contract shal° conform to the following requirement contained in ASTM F 1043 -95: 162 -2.3.1 Base Bid A. Line posts - Open section type, Group II, Roll- Formed Steel 1 Shapes (heavy C sections) or Group III, Hot - Rolled Steel Shapes (Senior H Beams) as per Figures 1 and 2 of ASTM F 1043 -95. B. End, corner and pull posts - Open section type, Group II, Roll - Formed Steel Shapes as per Figures 1 and 2 of ASTM F 1043 -95. C. Top rails and braces - Open section type, Group II, Roll- Formed Steel Shapes (U- sections) as per Figures 1 and 2 of ASTM F F -162 -1 1 1 1 1043 -95. NOTE: The use of pipe sections for line /end /corner and pull posts, top rails and braces will not be allowed for the base Bid if awarded under this contract. Also, tension wire shall be used at the fence bottom in lieu of bottom rails. D. Materials: Roll- formed shapes shall be fabricated from material meeting the requirements of ASTM A 570 (latest edition), Grade ' 45 and ASTM F 1043 -95 Group II, Figures 1 and 2. Hot - rolled steel shapes (H sections) shall be fabricated from materials meeting the requirements of ASTM A 572 (latest edition), Grade 45, and ASTM F 1043 -95 Group III, Figures 1 and 2. E. Coatings: The coatings on the fence framework components shall g P conform to the following requirement stipulated in Section 7 of ' ASTM F 1043 -95 and ASTM A 123, with coating thicknesses as stipulated below. 1. All posts (all shapes) - external and internal coatings to be Type A, except with a 2.0 oz. per square foot minimum zinc coating. 2. Top rails and braces (all shapes) - external and internal coatings to be Type A, except with a 2.0 oz. per square foot minimum zinc coating. F. Other Requirements hi In addition to the above ASTM requirements, all fence framework components shall meet the applicable requirements in Federal Specification RR -F -191/3 (latest edition) for Class 3 formed steel sections (FS3 for line posts an FS4 for corner /end /pull posts) and for Class 4 steel H- sections (SH -1), including top rails and braces provisions for the type of framework system furnished. 1 162 -2.3.2 Alternate Base Bid A. Materials: Posts, rails and braces shall be of the galvanized steel pipe type conforming to the requirements of ASTM F 1043- 95 Group IA, Figure 2 and ASTM F 1083, Table 1. ' B. Coatings: Pipe shall be coated with zinc inside and outside by the hot -dip process. External and internal coatings to be Type A (zinc, 2.0 oz. per square foot average minimum as per ASTM A 1083 for pipe). C. Rails: Only a top rail is required for Alternate Base Bid fence. Tension wire in lieu of a bottom rail shall be 1 installed. D. Other: In addition to the above mentioned ASTM requirements, posts, rails and braces fence components shall meet the requirements of Federal Specification RR -F -191/3 for Class I F -162 -2 1 1 1 (steel pipe), Grade A materials for 72" fence fabric height. 162 -2.3.3 Balt Spray Test 1 All posts, rails and braces for both the Base Bid and Alternate Base Bid fence framework component shall demonstrate the ability to withstand testing in salt spray in accordance with ASTM B 117 as 1 follows: Exterior: 1,000 hours with maximum of 5% red rust 1 Interior: 650 hours with maximum of 5% red rust. 162 -2.4 GATES 1 Gates for the Base Bid and Alternate Base Bid shall be as detailed on the plans and shall be fabricated in conformance with the requirements of Federal Specifications RR -F- 191 /2, RR -F -191/3 and ASTM F 900. Should there be conflicts between RR -F- 191 /2, RR -F- 191/3 and ASTM F 900, the more stringent requirement shall prevail. Gate requirements for framing, posts and accessories shall be the 1 same for the Base Bid and the Alternate Base Bid. The fabric for the Base Bid gates shall be of the aluminized type as per Section 162 -2.1.1 of these specifications. The fabric for the Alternate 1 Base Bid gates shall be hot - dipped galvanized type (Class 2) as per Section 162 -2.1.2 of these specifications. The one foot barbed wire on all gates will be in accordance with F- 162.2.2 barbed wire. 1 All gate framing shall have welded connections, not formed connections. Welded connections shall be coated in accordance with Practice A780, employing a zinc -rich paint conforming to 4.2.2 of 1 Practice A780 and following only the procedures outlined in A2.1.3 and A2.1.4 of Practice A780. ' Gate frame shall be designed for the width built so that the outer member shall not sag in excess of the lesser of 1% of the gate leaf or 2 inches. 1 Gate accessories shall be of the materials as specified for the fence supplied and shall be hot -dip zinc - coated with a minimum of 2.0 oz. per square foot coating in accordance with ASTM A 153. 1 Gate hinge shall be structurally capable of supporting the gate leaf and allow the gate to open and close without binding. The 1 hinges shall be so designed to permit the gate to swing a full 180 Gates shall be provided with a double gate latch with drop rod or 1 plunger bar arranged to engage the gate stop. Locking devices shall be constructed so that the center drop rod or plunger bar cannot be raised when the gate is locked. The latching device 1 shall also have a provision for a padlock. Gate stops shall be provided for all double gates and shall be 1 suitable for setting in concrete for the center drop rod or plunger. F -162 -3 1 1 1 Keepers shall be provided for each gate leaf and shall consist of a mechanical device for securing the free end of the gate when in the full open position. 1 162 -2.5 WIRE TIES AND TENSION WIRES Wire ties for use in conjunction with a given type fabric shall be 1 of the same material and coating weight identified with the fabric type. Tension wire shall be 7 gauge marcelled steel wire with the same coating as the fabric type and shall conform to ASTM A 824. 1 All material shall conform to Federal Specification RR -F- 191/4. 162 -2.6 MISCELLANEOUS FITTINGS AND HARDWARE 1 Miscellaneous steel fittings and hardware for use with aluminum - coated or zinc - coated steel fabric shall be of commercial grade steel or better quality, wrought or cast iron as appropriate to the 1 article, and sufficient strength to provide a balanced design when used in conjunction with fabric, posts and wires of the quality specified herein. 1 All steel fittings and hardware shall be protected with a zinc coating (minimum 2 oz. per square foot thickness) applied in conformance to ASTM A 153. Barbed wire support arms shall 1 withstand a load of 250 pounds applied vertically to the outermost end of the arm. 1 162 -2.7 CONCRETE Concrete shall be of a commercial grade with a minimum 28 -day compressive strength of 2500 psi. 1 162 -2.8 MARKING 1 Each roll of fabric shall carry a tag showing the kind of base metal (steel, aluminum or aluminum alloy number), kind of coating, the gauge of the wire, the length of fencing in the roll and the name of the manufacturer. Posts, wire and other fittings shall be 1 identified as to manufacturer, kind of base metal (steel, aluminum or aluminum alloy number) and kind of coating. 1 162 -2.9 CERTIFICATION AND REPORTS Each delivery of fence materials (fabric, posts, braces, wire, 1 accessories and related items) to the project site shall be accompanied by a manufacturer's certification that the material being delivered was manufactured, sampled, tested and inspected in accordance with the ASTM specification or specifications applicable 1 to the component as stipulated heretofore in these specifications. A report of the test results on which the certification was based 1 shall be furnished to the Engineer along with the certifications. Failure to furnish the certifications and accompanying reports shall result in the material being rejected by the Engineer. F -162 -4 1 1 1 162 -2.10 SIGNS Signs shall be aluminum material. The security fence sign shall be at 250' feet ( + / -) interval or otherwise directed by the airport 1 manager or his authorized agents. See security fence sign detail on plans for description. Gate number sign shall be provided at all gates. See gate number sign details on plans for description. 1 162 -2.11 SLIDING GATE OPERATOR 1 Each slide type electric operator shall be built into a compact unit consisting of an instantly reversing motor, a precision -made speed reduction mechanism with "V" belt and pulleys, a safety friction disc clutch, an emergency release, a fully automatic 1 double acting limit switch and a heavy duty crank and connecting arm assembly and weatherproof cover. 1 The motor shall have ample reserve power to take occasional overloads. All gears in the speed reduction mechanism shall be cut gears. 1 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 switch which stops the gate in the desired open or 1 closed position shall be built on this reduction unit. The operating levers shall consist of a heavy duty crank and 1 connecting arms. The operator unit shall produce the harmonic motion principal of operation that will start in a gradual manner with high torque increasing to a rapid speed in the middle of the 1 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 1 obstruction. A disconnection device shall be provided to allow manual operation. 1 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 1 and loops in the roadway; see Detail Sheet. The gate operator shall be Stanley, Model No. 550 -4, 240 volts, single phase with a Stanley time Delay System or approved equal. Equipment for code 1 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 1 enamel. 1 F -162 -5 1 1 CONSTRUCTION METHODS 162 -3.1 FENCE ALIGNMENT Most of the new chain link fencin g gates being and ates bein installed under this contract will replace exiting chain link fence and its ' associated gates. The new fencing shall be installed on approximately the same alignment as the existing fence, however, the new fence shall be constructed a maximum distance of three feet (3') "inside" of the existing fence line. This offset is required to allow the existing fence to remain in place until the new fencing is installed, thereby maintaining airport security fencing requirements throughout the contract duration. ' 162 - 3.2 CLEARING AND GRUBBING ' 162 -3.2.1 Non - Mangrove Areas: All trees, stumps, logs, brush and other debris which would interfere with the proper construction of the new fence shall be removed (except the existing fence as stated above) a minimum of five feet (5') "outside" the proposed fence line and ten feet (10') "inside" the proposed fence line before starting the new fence construction. Grass and weeds shall be cut to a "mowable" height within the above limits. 1 162 -3.2.2 Mangrove Areas (as indicated on plans): All clearing and grubbing in mangrove areas shall be accomplished by hand so as not to cause any damage to the existing mangrove areas. The hand 1 removal of all trees, mangroves, brush, stumps, logs and other debris shall be required within five feet (5') each side of the proposed new fence line. 162 -3.2.3 Disposal: All material removed during clearing and grubbing operations shall be disposed of off - airport in accordance 1 with local environmental requirements and /or ordinances. 162 - 3.3 INSTALLING POSTS All posts shall be spaced not more than ten feet (10') apart and shall be set a minimum of thirty -six inches (36 ") in concrete footings. The post holes shall be in proper alignment so that ' there is a minimum of three inches (3 ") of concrete on all sides of the posts. 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 seven (7) days after the individual post footing is completed. Should rock be encountered at a depth less than the planned footing depth, a hole two inches (2 ") larger than the greatest dimension of 1 the posts shall be drilled to a depth of twelve inches (12 "). After the posts are set, the remainder of the drilled hole shall be F -162 -6 1 1 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 -3.4 INSTALLING TOP RAILS 1 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. 1 162 -3.5 INSTALLING BRACER Horizontal brace rails with diagonal truss rods and turnbuckles 1 shall be installed at all terminal, corner and pull posts. 162 -3.6 INSTALLING FABRIC 1 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 1 generally follow the contour of the ground with the bottom of the fence fabric no less than one inch (1 ") or more than four inches (4 ") from the ground surface. Grading shall be performed where 1 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 1 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 1 barbed wire shall be six inches (6 ") or less. Openings below the fence may also be spanned with barbed wire fastened to stakes with quality of material used being equal to the fencing materials. The ' cost of installing security fence signs is considered incidental to the fence installation costs. 162 -3.7 ELECTRICAL GROUNDS 1 162 -3.7.1 Fence. Electrical grounds shall be constructed along the fence line at a maximum 500 -foot intervals unless otherwise 1 shown on the plans. A ground shall also be installed where any overhead power line passes over the fence directly below the point of crossing. The ground shall be accomplished with a copper clad rod eight feet (8') long and a minimum of 5/8" diameter driven 1 vertically until the top is six inches (6 ") 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 fence is 1 grounded. Installation_ of ground rods shall not constitute a pay item and shall be considered incidental to the fence construction. F -162 -7 1 1 162 -3.7.2 Gates. Each gate leaf shall be grounded by installing a flexible braised copper strap with approved connectors between the gate frame and the gate post. The strap on the gate post shall be connected to a ground rod (copper clad, eight feet (8') long, 5/8" in diameter)(driven beside the gate post) with a No. 6 bare solid copper wire and approved connectors. The installation shall be accomplished so as not to interfere with the gate leaf when 1 opened and closed. The cost of installing the gate grounds and gate identification signs is considered to be incidental to the gate installation costs. METHOD OF MEASUREMENT 162 -4.1 MEASUREMENT. Fence clearing and grubbing shall be g g g measured as a lump sum. 1 Chain link fence shall 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. BASIS OF PAYMENT 162 -5.1 PAYMENT. Payment for fence clearing and grubbing will be made at the lump sum contract price. Payment for chain link fence will be made at the contract unit ' price per linear foot, including security fence signing and gate number signs. Payment for gates will be made at the contract unit price for each gate complete in place and operational a shown on the plans including all accessories. The price quoted in the Bid Schedule 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 in accordance with the plans and specifications. 1 Payment will be made under: Item No. F- 162 -5.1 Clearing and Grubbing -- lump sum 1 Item No. F- 162 -5.2 Furnish and Install Chain Link Fence (height and type fabric) with barbed wire -- per linear foot ' Item No. F- 162 -5.3A Furnish and Install Power Sliding Gate (16' wide)with card reader, control unit, sensor loops opener unit, bollards and all other related work and equipment, complete in- F-162-8 1 1 1 place - -- per each. Item No. F- 162 -5.3B Furnish and Install Double Swing Gate with barbed wire (16' wide) -- per each Item No. F- 162 -5.4 Furnish and Install Double Swing Gate with barbed wire (24' wide) -- per each 1 Item No. F- 162 -5.5 Furnish and Install Manual Sliding Gate (16' wide) - -- per each 1 Item No. F- 162 -5.6 Furnish and Install Pedestrian Gate (3' wide) (6' high with + 1' BW) -- per each Item No. F- 162 -5.7 Furnish and Install Pedestrian Gate (3' wide) with mechanical push- button lock -- per each. 1 Item No. F- 162 -5.8 Furnish and Install Barbed wire (1') on existing fence. -- per linear foot. 1 1 1 1 1 1 1 1 1 1 1 F -162 -9 1 1 ITEM F -163 - FENCE REMOVAL DESCRIPTION 163 -1.1 This item includes the removal of the existing chain link fence and gates in accordance with these specifications and as shown on the plans. CONSTRUCTION METHODS 163 -2.1 FENCING MATERIALS After the new fence has been constructed, the Contractor shall remove all existing fencing materials (fabric, barbed wire, posts, post foundations, grounds and related accessories). 163 -2.2 GATE MATERIALS After the new gates have been constructed, the Contractor shall ' remove all existing gate materials (framing, fabric, barbed wire, stops, latches, posts, post foundations, grounds and related accessories). 1 163 -2.3 AIRPORT SECURITY All fencing and gate new construction and removal of existing material shall be accomplished in such a manner so as to always provide airport perimeter fence security as directed by the Engineer and /or Airport Manager twenty -four (24) hours each day. 163 -2.4 DISPOSAL All existing fencing and gate materials removed by the Contractor shall be disposed of off airport property. All disposal operations shall be conducted in accordance with all local environmental and solid waste disposal ordinances and /or requirements. 163 -2.5 RESTORATION ' After all existing fence and gate components have been removed, the Contractor shall fill in all post holes with soil suitable to the Engineer and compact the material to a density equal to or better than the surrounding soil. All disturbed areas shall be smoothed to a drainable and mowable condition as directed by the Engineer. The smoothed areas shall be seeded in accordance with Specification T -901 "Seeding" included elsewhere in these specifications. 1 1 F -163 -1 1 1 1 MEASUREMENT AND PAYMENT 163 -3.1 MEASUREMENT. Existing fencing and gate removal shall be 1 measured by the linear foot of existing fence and gates removed. 163 -4.1 PAYMENT. Payment shall be made at the linear foot unit price quoted in the Bid Proposal for: "Item F163 -4.1 Removal and Disposal of Existing Fence and Gates Off -Site" 1 and shall be full compensation for all labor, equipment, tools, materials and incidentals necessary to remove the existing fence, posts, post foundations, barbed wire, gates, restoration grading, seeding, loading, hauling and disposal of all materials off airport property. 1 1 1 1 1 1 A 1 1 1 1 F -163 -2 ITEM T -901 SEEDING DESCRIPTION 901 -1.1 SCOPE. This item shall consist of soil preparation, seeding (with or without fertilizer and /or lime) the areas disturbed by the construction of the new fence, or the removal of 11 the existing fencing, as directed by the Engineer in accordance with these specifications. MATERIALS 901 -2.1 SEED. The species and application rates of grass, legume, e and cover -crop seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ -S -181. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number for each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. 901 -2.2 LIME. Lime, if specified, shall be ground limestone containing not less than 85% of total carbonates, and shall be ground to such fineness that 90% will pass through a No. 20 mesh sieve and 50% will pass through a No. 100 mesh sieve. Coarser material will be acceptable, providing the rates of application are increased to provide not less than the minimum quantities and depth specified in the special provisions on the basis of the two sieve 1 requirements above. Dolomitic lime or a high magnesium lime shall contain at least 10% of magnesium oxide. Lime shall be applied at the rate designated on the plans. All liming materials shall conform to the requirements of ASTM C 602. 901 -2.3 FERTILISER. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water - soluble potash. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. Spec. O -F -241 and applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. The fertilizers may be supplied in one of the following forms: T -901 -1 a. A dry, free - flowing fertilizer suitable for application by a common fertilizer spreader; b. A finely - ground fertilizer soluble in water, suitable for application by power sprayers; or c. A granular or pellet form suitable for application by I! blower equipment. 901 - 2.4 SOIL FOR REPAIRS. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the Engineer before being placed. CONSTRUCTION METHODS 901 -3.1 ADVANCE PREPARATION AND CLEANUP. After grading of areas 1 has been completed and before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and ' other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass- covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. An area to be seeded shall be considered a satisfactory seed bed without additional treatment if it has recently been thoroughly e loosened and worked to a depth of not less than 2 inches as a result of grading operations. However, when the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil then scarified or otherwise loosened to a depth not less than 2 inches. 901 - 3.2 DRY APPLICATION METHOD. t a. Liming. Lime, if required, should be applied separately and prior to the application of any fertilizer or seed and only on seed beds which have previously been prepared as described above. The lime shall then be worked into the top 2 inches of soil after which the seed bed shall again be properly graded and dressed to a smooth finish. b. Fertilizing. Following advance preparations and cleanup, and liming if required, fertilizer shall be uniformly spread at the T -901 -2 rate which will provide not less than the minimum quantity stated in the Special Provisions or on the Plans. c. Seeding. Grass seed shall be of the type and sown at the rate recommended by the Monroe County or State Agricultural Agent for the season when the seeding is being accomplished. The seeding operation shall begin immediately after fertilizing and the fertilizer and seed shall be raked within the depth range recom- mended by the Engineer. Seeds of legumes, either alone or in mixtures, shall be inoculated before mixing or sowing, in accordance with the instructions of the manufacturer of the inoculant. d. Rolling. After the seed has been properly covered, the 1 seed bed shall be immediately compacted by means approved by the Engineer. 1 901 -3.3 WET APPLICATION METHOD. a. General. The Contractor may elect to apply seed and ' fertilizer (and lime, if required) by spraying them on the previously prepared seed bed in the form of an aqueous mixture and by using the methods and equipment described herein. The rates of application shall be as specified in the Special Provisions or on 1 the Plans. b. Spraying Equipment. The spraying equipment shall have a ' container or water tank equipped with a liquid level gauge calibrated to read in increments not larger than 50 gallons over the entire range of the tank capacity, mounted so as to be visible to the nozzle operator. The container or tank shall also be equipped with a mechanical power- driven agitator capable of keeping all the solids in the mixture in complete suspension at all times until used. The unit shall also be equipped with a pressure pump capable of delivering 100 gallons per minute at a pressure of 100 pounds per square inch. The pump shall be mounted in a line which will recirculate the mixture through the tank whenever it is not being sprayed from the nozzle. All pump passages and pipe lines shall be capable of providing clearance for 5/8 inch solids. The power unit for the pump and agitator shall have controls mounted so as to be accessible to the nozzle operator. There shall be an indicating pressure gauge connected and mounted immediately at the back of the nozzle. The nozzle pipe shall be mounted on an elevated supporting stand in such a manner that it can be rotated through 360 horizontally and inclined vertically from at least 20 below to at least 60 above the horizontal. There shall be a quick- acting, three -way control valve connecting the recirculating line to the nozzle pipe and mounted so that the nozzle operator can control and regulate the amount of flow of mixture delivered to the nozzle. At least three different types of nozzles shall be supplied so that mixtures may T -901 -3 be properly sprayed over distance varying from 20 to 100 feet. One shall be a close -range ribbon nozzle, one a medium -range ribbon nozzle, and one a long -range jet nozzle. For case of removal and cleaning, all nozzles shall be connected to the nozzle pipe by means of quick- release couplings. In order to reach areas inaccessible to the regular equipment, an extension hose at least 50 feet in length shall be provided to which the nozzles may be connected. c. Mixtures. Lime, if required, shall be applied separately, in the quantity specified, prior to the fertilizing and seeding operations. Not more than 220 pounds of lime shall be added to and mixed with each 100 gallons of water. Seed and fertilizer shall be mixed together in the relative proportions specified, but not more than a total of 220 pounds of these combined solids shall be added to and mixed with each 100 gallons of water. All water used shall be obtained from fresh water sources and shall be free from injurious chemicals and other toxic substances harmful to plant life. Brackish water shall not be used at any time. The Contractor shall identify to the Engineer all sources of water at least two weeks prior to use. The Engineer may take samples of the water at the source or from the tank at any time and have a laboratory test the samples for chemical and saline content. The Contractor shall not use any water from any source which is disapproved by the Engineer following such tests. 1 All mixtures shall be constantly agitated from the time they are mixed until they are finally applied to the seed bed. All such mixtures shall be used within two hours from the time they were mixed or they shall be wasted and disposed of at locations acceptable to the Engineer. ' d. Spraying. Lime, if required, shall be sprayed only upon previously prepared seed beds. After the applied lime mixture has dried, the lime shall be worked into the top 3 inches, after which the seed bed shall again be properly graded and dressed to a smooth finish. Mixtures of seed and fertilizer shall only be sprayed upon ' previously prepared seed beds on which the lime, if required, shall already have been worked in. The mixtures shall be applied by means of a high - pressure spray which shall always be directed upward into the air so that the mixtures will fall to the ground like rain in a uniform spray. Nozzles or sprays shall never be directed toward the ground in such a manner as might produce erosion or runoff. Particular care shall be exercised to insure that the application is made uniformly and at the prescribed rate and to guard against II - misses and overlapped areas. Proper predetermined quantities of the mixture in accordance with specifications shall be used to cover specified sections of known area. Checks on the rate and T -901 -4 uniformity of application may be made by observing the degree of wetting of the ground or by distributing test sheets of paper or pans over the area at intervals and observing the quantity of material deposited thereon. On surfaces which are to be mulched as indicated by the plans or designated by the Engineer, seed and fertilizer applied by the spray method need not be raked into the soil or rolled. However, on surfaces on which mulch is not to be used, the raking and rolling operations will be required after the soil has dried. 1 901 -3.4 MAINTENANCE OF SEEDED AREAS. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or 11 otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory 1 condition until final inspection and acceptance of the work. When either the dry or wet application method outlined above is used for work done out of season, it will be required that the Contractor establish a good stand of grass of uniform color and density to the satisfaction of the Engineer. If at the time when the contract has been otherwise completed it is not possible to ' make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the areas seeded out of season will be withheld until such time as these requirements have been met. BASIS OF PAYMENT 901 -4.1 PAYMENT. No direct payment will be made for seeding. The cost for seeding shall be included in the lump sum cost quoted in the Bid Proposal for "Clearing and Grubbing" or "Fence Removal ". MATERIAL REQUIREMENTS ' ASTM C 602 Agricultural Limin g Materials ' ASTM D 977 Emulsified Asphalt A Fed. Spec. JJJ- S -181B Agricultural Seeds Fed. Spec. O- F -241D Commercial Mixed Fertilizer 1 T -901 -5 1 ADDENDUM NO. 1 August 2, 1996 to Contract Documents to Construct Perimeter Fencing and Related Work Marathon Airport and Key West International Airport WPI No. 6826731 WPI No. 6826749 PFC Application No. 94- 02- C -00EYW Greiner Contract No. C502520.24 TO ALL CONCERNED Plans, Specifications and other Contract Documents to Construct Perimeter Fencing and Related Work, WPI No. 6826749 and WPI No. 6826731 dated June 1996, are hereby amended as follows: This Addendum No. 1 (Items 1 thru 5) shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum on the Proposal Form. Greiner, Inc. /. /.J ignatu/ Page 1 of Addendum No. 1 1 Division I - Bid Documents Invitation for Bid- Section A - Pages I -2 and I -3 is deleted and replaced by the attached Invitation for Bids with bid openings date of August 30, 1996. Bid opening date has been changed and requirement for general contractor license has been deleted. 2 Schedule of Bid Items - Delete pages I -16A, I -17, I -17A and I -17B in their entirety and substitute the attached pages I -16A, I -17, I -17A and I -17B all revised 8 -2 -96. 3. Contract Time- Item 14, Page I -7 is replaced due to typographic error. 4. Special Provision No. 3 - Contract Time and Liquidated Damages Page IV -20 is deleted and replaced by the attached Special Provision No. 3. The change clarifies 60 day calendar contract time for each airport project work for a total contract time of 120 calendar days. 5. Item F- 163 -Fence Removal Under "Construction Methods" Items 163 -2.1 fencing materials and 163 -2.2 gate materials- delete removal of post foundations. Posts may be cut off two (2 ") inches minimum below the ground surface leaving the foundation in place. The remaining hole will be filled with suitable material as approved by the engineer and compacted level with existing ground. Page 2 of Addendum No. 1 Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the form of a certified check or bid bond payable to the Monroe County Board of County Commissioners. A public construction bond will be required for 100% of the contract price. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida and applicable requirements of Monroe County. Non - residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida, and shall provide evidence of a Florida licensed qualifier under ch. 489, F.S. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. JOHN CARTER Director of OMB for Monroe County Page 4 of Addendum No. 1 I -3 SECTION A INVITATION FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 30, 1996, 10:00 AM, at the Purchasing Office, a committee consisting of the Director of O.M.B., the County Administrator, the County Attorney and the requesting Department Head or Division Director, or their designees, will open sealed bids for the following: THE FURNISHING OF ALL LABOR AND MATERIALS, AND PERFORMING ALL WORK TO CONSTRUCT PERIMETER FENCING AND RELATED WORK AT THE KEY WEST INTERNATIONAL AIRPORT, AND THE MARATHON AIRPORT. The major items of work for the contract will be as follows: Installation of 6' chain link fence with 1' barbed wire, installation of power and manual gates, clearing and grubbing and disposal of existing fence. All bids must be received by the Purchasing Office, 5100 College Road, Public Service Building, Cross Wing, Room # 002, Stock Island, Key West, Florida 33040, on or before 10:00 AM on August 30, 1996. All bids, including the recommendation of the County Administrator and the requesting Department Head or Division Director, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services. State of Florida, under Sec. 287.133 (3) (d), Fla. Stat. (1989) Interested bidders shall submit three (3) signed originals and four (4) copies of each bid in a sealed envelope marked on the outside, "Sealed Bid for Perimeter Fencing at the Key West and Marathon Airports. All bids must remain valid for a period of ninety (90) days. Copies of the bidding documents (Contract Documents) may be obtained from Greiner, Inc., 5805 N.W. 11th Street, Suite 340, Miami, Florida 33126 -2034, Telephone 305/262 -7466, upon payment of $ 90.00 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. Page 3 of Addendum No. 1 I -2 - 12. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within ten (10) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within ten (10) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14. CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80 -02 and 80 -03 of the General Provisions and Special Provision No. 3, and shall fully complete performance within sixty (60)calendar days for Key west International and sixty (60) calendar days for Marathon Airport with a total contract time of one hundred twenty (120) calendar days. 15. CONTRACT CLOSE -OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Paragraph 18, Section 50 must be satisfied. 16. DID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C, Pages I -12 and I -13) Page 9 of Addendum No. 1 I -7 Revised 8 -2 -96 SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME The Contractor shall be required to complete all work included in this contract within sixty (60) calendar days for Key West International Airport and sixty (60) calendar days for Marathon Airport with a total contract time of 120 calendar days from the effective date of the Notice -to- Proceed. LIQUIDATED DAMAGES If the work included in this contract is not completed within the contract time stated above, the Contractor will be assessed liquidated damages of FOUR HUNDRED DOLLARS ($400.00) for each calendar day the work overruns the allotted contract time. Page 10 of Addendum No. 1 IV -20 Revised 8 -2 -96 4 • ADDENDUM NO. 2 August 26, 1996 to Contract Documents to Construct Perimeter Fencing and Related Work Marathon Airport and Key West International Airport WPI No. 6826731 WPI No. 6826749 PFC Application No. 94- 02- C -00EYW Greiner Contract No. C502520.24 TO ALL CONCERNED Plans, Specifications and other Contract Documents to Construct Perimeter Fencing and Related Work, WPI No. 6826749 and WPI No. 6826731 dated June 1996, are hereby amended as follows: This Addendum No. 2 shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum on the Proposal Form. Greiner, Inc. : ignatur - Page 1 of Addendum No. 2 ITEM F -162 CHAIN LINK FENCES DESCRIPTION MATERIALS 162 -2.1 Fabric "9" gauge wire" is correct 162 -2.1.1 Base Bid The correct diameter for the coated wire is 0.148 inch (3.76 mm) Page 2 of Addendum No. 2