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12/06/1988 { 1 SPECIFICATIONS AND CONTRACT D� CU SPEC C MENTS 1 CONSTRUCT NEW 36" ROTATING BEACON AND 51' TOWER I 3 11 FAA A.I.P. PROJECT NO. 3 -12- 0044 -078 FDOT W.P.I. PROJECT NO. 6826692 ENGINEER'S PROJECT NO. 04- 405.40 1 pi S 5 1 � . ` - rr.� to ` ?r•... w 1 EVE OES ,NAT,ONAL PAIN( l i lir S. - 4 441 '4p • ,, MARATHON. , o -, .... , ... ...... ... .., 7 _ ..... , AIRPORT w- ._ MOMS — - '• � MARATHO. ‘ . .., : •• '� rf 0 • 5 ' S T ■ MARATHON FLORIDA JAN 2 3 1989 MAY 1988 1 PREPARED FOR MONROE COUNTY CONFORMED COPY COUNTY COMMISSIONERS MONROE ONROE COUNTY CLERK 1 ( s S 1�. - 111 Vq 0 l C 1 T, BUCKLEY, SCHUH AND JERNIGAN, INC. 1 NORTH KROME AVE.. HOMESTEAD, FL. 33030 c MONROE COUNTY MARATHON AIRPORT MARATHON, FLORIDA 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS TO CONSTRUCT NEW 36" ROTATING BEACON AND 51 FOOT TOWER FEDERAL AVIATION ADMINISTRATION AIP PROJECT NO. 3 -12- 0044 -0788 FLORIDA DEPARTMENT OF TRANSPORTATION WPI PROJECT NO. 6826692 MAY, 1988 POST, BUCKLEY, SCHUH do JERNIGAN, INC. Job No. 04- 405.40 1 1 1 111: 1 1 TABLE OF CONTENTS I BID DOCUMENTS I Title Page No. Advertisement for Bids A -1 Instructions to Bidders IB -1 I Bid Form BF -1 Bid Bond BB -1 Contract Agreement CA -1 I Payment Bond PB -1 Performance and Guaranty Bond PG -1 Notice of Intent to Award NIA -1 I Notice to Proceed NTP -1 Final Release of Lien FRL -1 Appendix 1: AP1 -1 Part I - Wage and Labor Requirements I Part II - Equal Employment Opportunity Requirements Part III - Miscellaneous Requirements L Part 2: IV - Requirements of 49 CFR Part 23 Appendix Bid Conditions AP2 -1 Minority Business Enterprise Program I Project Safety Requirements PSR -1 1 DIVISION 1 - GENERAL PROVISIONS Section Title Page No. 1 10 Definition of Terms GP -1 20 Proposal Requirements and Conditions GP -6 I 30 Award and Execution of Contract GP -10 40 Scope of Work GP -13 50 Control of Work GP -18 60 Control of Materials GP -27 I 70 Legal Relations and Responsibility to Public GP -31 80 Prosecution and Progress GP -40 90 Measurement and Payment GP -45 1 1 1 1 TC -1 1 1 TABLE OF CONTENTS (Continued) 1 DIVISION 2 - TECHNICAL SPECIFICATIONS 1 Section Title Page No. 1 G -100 Mobilization G -100 -1 L - 101 Installation of Airport Rotating Beacons L- 101- lthru -6 1 L -103 Installation of Airport Beacon Towers L -103 -1 thru -4 ' L -108 Installation of Underground Cable for Airports L- 108- lthru -7 L -110 Installation of Airport Underground Electrical Duct L- 110- 1thru -4 1 P -610 Structural Portland Cement Concretes P- 610- 1thru -11 1 1 PROJECT PLANS Sheet No. Title 1 1 Title Sheet 2 Airport Layout Plan and Project Location 3 Construction Safety and Sequence Plan ' 4 Site Plan & Electrical Riser Diagram 5 Electrical Elementry Diagram 6 51 -Foot Steel Beacon Tower 7 Summary of Quantities 1 1 1 TC -2 1 1 1 ADVERTISEMENT FOR BIDS MARTHON AIRPORT Sealed bids will be received by Monroe County, Owner, until 4:00 p.m. (1600 ea ed Y Y> > P hours) local time, Thursday , November 17 , 1988, at the County Clerk's office, 1 500 Whitehead Street, Key West, Florida. Furnish all labor, materials, equipment, and services for furnishing and 1 installation of a New 36" Rotating Beacon and 51 -Foot Tower, Airport Improvement Program (AIP), Project No.: 3- 12- 0044 -0788, at the Marathon Airport, Monroe County, Florida. 1 Bids will be opened and publicly read at the Monroe County Clerk's office at 10:00 a.m. on Friday , November 18 , 1988. 1 Plans, specifications and contract documents are open to public inspection at the Office of the Director of Airports, Key West International Airport, Key West, Florida, Tel.: (305) 296 -5439. They may be obtained from the Director of Airports or the 1 County's Consulting Engineer, Post, Buckley, Schuh & Jernigan, Inc., offices: 1 North Krome Avenue, Homestead, Florida 33030, Tel.: (305) 248 -4750, upon payment of fifty dollars ($50.00) deposit, payable to Monroe County Board of County Commissioners, 1 for each set of contract documents. This deposit will be refunded upon return of the documents in good condition within 20 days after the date of the bid opening. Qualified contractors able to marshall suitable work forces, coordinate the required work and prosecute its timely execution according to the proposed schedule are being 1 sought by the Owner. Each Bidder shall furnish the Owner satisfactory evidence of competency to perform the proposed work, to submit bids, and to enter into the Contract with the County. A complete examination and understanding of the 1 construction plans and specifications and the site of the proposed work are necessary in order for the Bidder to submit a proposal properly. Award, if made, shall be made by the Owner to the lowest responsible and qualified Bidder whose proposal conforms to the cited requirements of the Owner. The Owner also reserves the right to 1 separately accept or reject any item or items of a Bid which the Owner deems to be in its best interest. 1 All bids shall be submitted as set forth in the INSTRUCTIONS TO BIDDERS and shall be accompanied by a Bid guarantee consisting of a firm commitment such as a Bid Bond, certified check or other negotiable instrument equivalent to ten percent (10 %) 1 of the Bid Price as assurance that the Bidder will, upon acceptance of his Bid, execute such contractual documents as may be required within the time specified. A Payment Bond and a Performance and Guaranty Bond are required for execution of the Contract in an amount equal to one hundred percent (100 %) of the Contract amount. 1 The Bids shall be submitted in a sealed envelope plainly marked on the outside with the name and address of the Bidder; the name of the project for which the Bid is ' submitted: Construct New 36" Rotating Beacon and 51 -Foot Tower; AIP Project No.: 3 -12- 0044 -0788; and the time and date of opening, 10:00 a.m. on Friday, November 18 , 1988. If forwarded by mail, it shall be enclosed in another envelope addressed to County Clerk, 500 Whitehead Street, Key West, Florida 33040. 04- 405.40 A - 1 Rev. 10/25/88 1 1 1 Bids received after the time and date specified will not be considered, but will be returned unopened. No Bid may be withdrawn after closing time for receipt of Bids for a period of ninety 1 (90) days. Monroe County reserves the right to reject any or all Bids, to waive irregularities and informalities in any or all Bids or to readvertise for Bids. 1 This Contract is subject to Minimum Wage Rates as established by the Secretary of the U.S. Department of Labor and Executive Order 11246 of 24 September 1965, as amended, and to the Equal Employment Opportunity Clause. 1 In accordance with Title VI of the Civil Rights Act of 1964, all Bidders are hereby notified that they must affirmatively insure that in any Contract entered into pursuant to this Advertisement, Minority Business Enterprises will be afforded full opportunity to submit Bids, as subcontractors or as suppliers of materials or services, and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 1 In accordance with Title VI of the Civil Rights Act of 1964, all Bidders will be afforded full opportunity to submit Bids in response to this invitation and will not be 1 discriminated against on the grounds of race, color, religion, sex or national origin in consideration for award. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 41 Code of Federal Regulations 60 -4.2 1. The offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract 1 Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: 1 Timetables Goals for Female Participation for Each Trade (Until further Notice) 6.9% Goals for Minority Participation for Each Trade 1 15.5% These goals are applicable to all of the Contractor's construction work (whether 1 or not it is Federal or Federally assisted) performed in the covered area. 04- 405.40 A - 2 Rev. 10/25/88 1 The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60.4.3(1) and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be ' substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities or female employees evenly on each of its projects. The transfer of minority or female employee or trainees from Contractor to Contractor or project to project for the 1 sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportion, to ' subcontract seven (7) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this soliciation qualifies as a DBE, the contract goal shall be deemed to have been met. ' Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian - Pacific Americans, and Asian Indian Americans. The apparent successful competitor will be required to submit (with the bid) information concerning the DBE's that will participate in this contract. The information will include the name and address of each DBE, a description of the work performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide (with the bid) documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. 4. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000.00 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed. ' 5. As used in this Notice, and in the Contract resulting from this solicitation, the " covered area" is Monroe and Dade Counties, Florida. 1 Danny L. Kolhage Clerk of the Board of County Commissioners Monroe County, Florida 1 04- 405.40 A - 3 Rev. 8/22/88 1 1 1 INSTRUCTIONS TO BIDDERS 1 1. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS An amendment to Department of Transportation Regulation 49 CFR, Part 23 was ' published in the Federal Register on May 23, 1988, (53 Fed. Reg. 18285). The amendment, which became effective upon publication, requires compliance with the disadvantaged business (DBE) provisions of Subpart D of the regulations. A single DBE goal, rather than separate goals for minority and women-owned firms (MBE /WBE), shall be included in bid soliciations subject to Subpart D. As such, all references in this Contract Document to MBE and /or WBE shall be 1 replaced with DBE. 2. DESCRIPTION OF WORK 1 The work identified in the ADVERTISEMENT FOR BIDS consists of airport work to be performed by a qualified Contractor, as follows: ' Construct New 36" Rotating Beacon and 51 -Foot Tower FAA Airport Improvement Program (AIP) Project No.: 3-12 -0044 -0788 The above general outline of features of the Work does not in any way limit the responsibility of the Contractor to perform all work and furnish equipment, materials, and labor required by the Plans and Specifications referred to therein. 1 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE The Bidder is required to examine carefully the site of the Work and the ' Drawings, Specifications and other Contract Documents for the work contemplated at the Marathon Airport, Marathon, Florida, AIP Project No.: 3 -12 -0044 -0788. By submitting a Bid, the Bidder represents to the Owner that it has investigated and is fully informed of the conditions to be encountered, of the character, quality and quantities of Work to be performed and materials to be furnished and of all the requirements of the Plans, Specifications and other Contract Documents. A complete listing of the plan sheets follow. Project Plans Sheet 1 No. Title 1 Title Sheet 2 Airport Layout Plan and Project Location 3 Construction Safety and Sequence Plan 4 Site Plan do Electrical Riser Diagram 5 Electrical Elementry Diagram 6 51 -Foot Steel Beacon Tower 7 Summary of Quantities 1 1 04- 405.40 IB - 1 Rev. 8/22/88 1 4. OBLIGATION OF BIDDERS 1 The Bidder must inform itself fully of the construction and labor conditions under which the Work is to be performed. The Bidder shall not be relieved of its obligation to furnish all material, equipment and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in its Bid by reason and having failed to inform itself with respect to those matters. 5. ADDENDA - CHANGES WHILE BIDDING No interpretation of the Plans, Specifications or other Contract Documents or correction of any apparent ambiguity, inconsistency or error therein, will be made orally to any Bidder. Every request for such interpretation or correction must be in writing, addressed to the Engineer, Post, Buckley, Schuh & Jernigan, 3 Inc., 1 North Krome Avenue, Homestead, Florida, 33030, and must be received at least seven (7) calendar days prior to the date fixed for the opening of Bids in order to be given consideration. All such interpretations, corrections and 3 supplemental instructions will be in the form of written Addenda to the Contract Documents which, if issued, will be mailed by registered or certified mail, or sent by telegram, to all prospective Bidders (to the address furnished to the Owner by the prospective Bidder for such purposes) not later than five (5) calendar days prior to the date fixed for the opening of Bids. If the Bidder fails to acknowledge receipt of any such Addendum in the space provided in the Bid Form, its Bid will nevertheless be construed as though the Addendum had been received and acknowledged, and the submission of its Bid will constitute acknowledgement of the receipt of the same. Only the interpretation or correction so given by the Engineer in writing shall be 3 binding, and prospective Bidders are warned that no other source is authorized to give information concerning, or to explain or interpret, the Contract Documents. 6. PREPARATION OF BIDS Bids shall be submitted on a reproduced copy of the attached Bid Form and shall include the required Bid Guarantee, Equal Opportunity Report Statement, Certification of Non - Segregated Facilities and information concerning MBE participation in the Contract. Do not remove the attached Bid Form from these Contract Documents. All blank spaces in the Bid Form shall be completed legibly and correctly in ink. The Bidder shall specify the Total Bid Price for the entire Work described in the Contract Documents. If the Bid is made by an individual, it must be signed in the name of the individual and state the individual's post office address and the name and address of every person interested in the Bid as principal. If the Bid is made by a firm or partnership, its name and address must be stated, together with the name and address of each member of the firm or partnership. If the Bid is made by a Corporation, the Bid must be signed by an authorized officer or agent, on behalf of the Corporation and the corporate seal must be affixed thereto. The officer or agent must also provide the state in which the Corporation is incorporated, the names and business addresses of the President, Secretary and Treasurer, evidence that the Corporation is in good standing in its state of incorporation 04- 405.40 IB - 2 Rev. 8/22/88 1 1 ' and in Florida, and evidence that the Corporation has registered with the Secretary of State of the State of Florida, as a foreign corporation for doing business in the State of Florida. 1 7. BID GUARANTY Each Bid shall be accompanied by a Bid Guaranty in the form of a cashiers' check ' made payable to the Owner or a Bid Bond in the form contained in the Contract Documents, duly executed by the Bidder as Principal having a Surety thereon a surety company fulfilling the qualifications described in Paragraph 12 below. The Bid Bond shall be written through a licensed Florida agency on behalf of a surety company licensed to do business in the State of Florida. The Bid Guaranty shall be in the amount not less than ten percent (10 %) of the amount of the Total Bid Price. The cashier's check, or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw the Bid for a period of ninety (90) days after the time and date fixed for the opening of Bids, that if the Bidder is provided with a Notice of Intent to Award the Contract, the Bidder will enter into a formal Contract with the Owner in the form contained in the Contract Documents, that the Bidder will supply evidence of the authority of the person executing the Contract and Bonds to do so, that the required Contract Bonds, Certificates of Insurance, Equal Opportunity and Minority Business Enterprise data, certifications and submissions will be given, that all other Contract Documents will be executed in the form provided therein. If any of the foregoing requirements are not met, the Owner shall be entitled to the full amount of the Bid Guaranty as damages to the Owner resulting from the Bidder's failure to meet those requirements. Cashier's checks or Bid Bonds will be returned to all except the three apparent low, qualified, responsible, responsive Bidders within ten (10) days after the opening of Bids, and the remaining cashier's checks or Bid Bonds will be returned within three (3) days after the Owner and successful Bidder have executed the Contract Documents required by the Owner for the Work. Cash will not be accepted as a Bid Guaranty. 8. DELIVERY OF BIDS All bids shall be submitted in sealed envelopes bearing on the outside the name of the Bidder, the Bidder's address, the name of the Project for which the Bid is submitted, and the time and date fixed for the opening of Bids. The Bid Guaranty specified in Paragraph 6 above together with the Equal Opportunity Report Statement, Certification of Non - Segregated Facilities and information concerning MBE participation, shall be enclosed in the sealed envelope with the Bid. The Bid shall be hand delivered or mailed, preferably by registered mail. If forwarded by mail, it shall be enclosed in another envelope addressed to County Clerk, Monroe County, 500 Whitehead Street, Key West, Florida 33040. Bids received after the time and date specified in the Advertisement for Bids will not be considered, but will be returned unopened. 1 9. WITHDRAWAL OF BIDS No Bid may be withdrawn after it is submitted, unless the Bidder makes its request by letter or telegram and such request is received prior to the time and date fixed for the receipt of Bids. No Bid may be withdrawn for a period of 1 04- 405.40 IB - 3 Rev. 8/22/88 1 1 ninety (90) days after the time and date fixed for the opening of Bids. 1 10. DISQUALIFICATION OF BIDDERS Any of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of its Bid: a. Submission of more than one Bid for the same work by an individual, firm, 1 partnership or corporation under the same or different names; b. Evidence of collusion between or among Bidders; 1 c. Work for which the Bidder is committed by contract, which, in the Owner's judgment and sole discretion, might hinder or prevent the prompt completion of the Work under this Contract if awarded to the Bidder; d. Being behind on the approved completion schedule for any existing contracts with the Owner, in litigation with the Owner or having defaulted on a previous contract with the Owner; ++�� e. Any other cause which, in the Owner's judgment and sole discretion, is sufficient to justify disqualification of a Bidder or the rejection of its Bid. 11. REJECTION OF IRREGULAR BIDS 3 Bids will be considered irregular and may be rejected if they show omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate bids or other irregularities of any kind. The Owner shall have the right to waive any informalities or irregularities of Bids, or to reject any or all Bids. 12. NOTICE OF INTENT TO AWARD CONTRACT Unless all Bids are rejected, a Notice of Intent to Award the Contract will be provided to the qualified, responsible Bidder whose Bid is responsive to the invitation and is most advantageous to the Owner, price and other factors considered. 3 If a conflict exists between the words and numerals of each Bid amount, the words, unless obviously incorrect, shall govern. 1 13. GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT A Performance Bond and a Payment Bond satisfactory to the Owner and in the form attached hereto, each in an initial amount of not less than the Total Contract Price, will be required of the successful Bidder for, among others, the following purposes: a. To guarantee faithful performance of the requirements of the Contract Documents, including all applicable warranties. b. To guarantee the payment of all labor, materials, or supplies used directly or indirectly in the prosecution of the Work provided for in the Contract. 04- 405.40 IB - 4 Rev. 8/22/88 1 1 1 The Penal Sum of the Performance Bond and the Payment Bond shall be increased or decreased during the course of the Work in the event that modifications, change orders or addenda increase or decrease the Total Contract I Price so that the Penal Sum of each bond shall be in an amount equal to the completed Contract Price at the completion of the Work. I The Bonds shall be exactly in the forms contained in the Contract Documents, and written through a licensed Florida agency on behalf of a surety company licensed to do business in the State of Florida, meeting the following requirements: I a. Qualification - Management and Strength: The Surety must be rated no less than "A" as to management and no less than XII as to strength, by the I latest edition of Best's Insurance Guide, published by A.M. Best Company, Post Office Box 1107, Summit, New Jersey 07901. I b. Qualification - Federal Project Approval: The Surety company executing the Bonds shall be on the current list of the U.S. Treasury Department as being approved by and for writing bonds for Federal projects in the amount not less than the Penal Sum of the Bonds provided to the Owner. I c. Bonding Limit - Any One Risk: The bonding limit of the Sureties shall not exceed five percent (5%) of the policy holder surplus (capital and surplus) 1 as listed by the aforementioned Best's Insurance Guide. The completed Bonds shall be delivered to the Owner with the executed Contract I as required hereinafter in these Instructions to Bidders. Provisions for liquidated damages provided in the Bid Form and Contract q �' are P Documents. 1 14. POWER OF ATTORNEY AND COUNTERSIGNATURE I Attorneys-in--fact who sign Bid Bonds, Performance Bonds and Payment Bonds, must file with such Bonds a certified copy of their power -of- attorney to sign the bonds. All bonds must be countersigned by a resident Florida agent of the Surety, with proof of agency attached. I 15. EXECUTION OF CONTRACT I The Bidder who received a Notice of Intent to Award the Contract shall, within ten (10) calendar days of the date of Notice of Intent to Award, execute and deliver to the Owner the Contract Agreement, the completed Bonds listed above, I satisfactory evidence of all required insurance coverage, satisfactory evidence of compliance with the Bid Conditions pertaining to the Minority Business Enterprise Program (Appendix 2), and proof satisfactory to the Owner of the authority of the person or persons executing the Contract Agreement and the I Performance Bond and the Payment Bond on behalf of the Bidder. The above documents must be furnished, executed and delivered before the Contract Documents will be executed by the Owner. The Contract shall not be binding I upon the Owner until it has been executed and approved by the Owner, approved by the FAA, and a copy of the fully executed Contract Documents is delivered to 1 04- 405.40 IB - 5 Rev. 8/22/88 f 1 the Contractor. The Owner shall have the right to rescind its Notice of Intent to Award without liability, except for the return of the Bid Guaranty to the Bidder, at any time before the Contract Documents have been fully executed by all parties and delivered to the Contractor. 3 16. FAILURE TO EXECUTE CONTRACT - BID GUARANTY FORFEITED If the Bidder receiving a Notice of Intent to Award the Contract fails to execute and deliver to the Owner the Contract Agreement, the completed Bonds listed in Paragraph 12 above, the required evidences of insurance coverage, compliance with the Bid Conditions pertaining to the MBE Program (Appendix 2) and the evidence of authority to execute required in Paragraph 14 above, within ten (10) calendar days after the date of the Notice of Intent to Award, the Owner may elect to rescind the Notice of Intent to Award and shall be entitled to the full amount of the Bid Guaranty, not as a penalty, but in liquidation of and compensation for damages sustained. A Notice of Intent to Award may then be provided to the next most qualified, responsible Bidder whose Bid is responsive to the invitation and is most advantageous to the Owner, price and other factors 3 considered. Otherwise, all Bids may be rejected. 17. NOTICE AND SERVICE THEREOF All notices given by the Owner or the Engineer, under the provisions of the Contract Documents, shall be in writing and service of same may be by either of the following methods: 3 a. By delivery of the notice to the Bidder or to any officer of the Bidder if Bidder is a corporation, or to any agent of the Bidder. 3 b. By mailing the notice by United States mail to the address of the Bidder shown on the Bid. Notices given by the Owner or Engineer shall be effective upon mailing, if mailed. 18. FLORIDA SALES AND OTHER TAXES Work under this Contract is subject to the provisions of Chapter 212, Florida 3 Statutes, Tax on Sales, Use and Other Transactions. Other state, local or federal taxes may be applicable. The Bidder is responsible to remit to the appropriate governmental entity all applicable taxes. Any applicable tax shall be included in the Total Bid Price by the Bidder. 19. MINIMUM WAGE RATES For Federally - assisted construction contracts, minimum wage rates for the construction of the proposed Work have been established by the U.S. Department of Labor, and schedules of labor classification and corresponding prevailing wage rates are included in Appendix 1, Part 1 Wage and Labor Requirements of these Contract Documents. In preparing a Bid, the Bidder shall make an appropriate allowance so that its wage rates will meet the minimum rates required for the Work. The Bidder shall not be relieved of its obligations under the Contract Documents by reason of having failed to make adequate provision for minimum 04- 405.40 IB - 6 1 Rev. 8/22/88 1 1 1 required wage rates. 20. EQUAL OPPORTUNITY REPORT STATEMENT 1 Each Bidder shall complete, sign, and submit together with its Bid the Equal Opportunity Report Statement following the Bid Form. A Bid may be considered unresponsive and may be rejected, in the Owner's sole discretion, if the Bidder fails to provide the fully executed statement, or fails to furnish the required data. 1 21. CERTIFICATION OF NON - SEGREGATED FACILITIES Each Bidder shall complete, sign, and submit together with its Bid the 1 Certification of Non -Segregated Facilities following the Bid Form. A Bid may be considered unresponsive and may be rejected, in the Owner's sole discretion, if the Bidder fails to provide the fully executed statement, or fails to furnish the required data. ' 22. MINORITY BUSINESS ENTERPRISE DATA 1 Each Bidder shall complete, sign, and submit together with its Bid the information form concerning MBE participation in the Contract following the Bid Form. A Bid may be considered unresponsive and may be rejected, in the 1 Owner's sole discretion, if the Bidder fails to provide the fully executed statement or fails to furnish the required data. The apparent low, qualified, responsible, responsive Bidder who receives a Notice of Intent to Award the Contract shall, within ten (10) calendar days of the date of Notice of Intent to Award submit all additional information required by the Owner's Minority Business Participation Policy to the Owner. This Policy is 1 described in part in Exhibit A to these Instructions and is to serve as a guide to the Bidder and the Owner in award of this Contract. The Bidder, in meeting the guidelines of the Minority Business Participation Policy, is not relieved of its 1 Equal Employment Opportunity obligations under state and Federal laws and regulations. If the Bidder is a Minority Business Enterprise and the percent of total dollar ' value of the Work it intends to perform meets or exceeds the MBE Goals established for this Contract, the Bidder need only complete the document entitled, "Minority Business Disclosure Requirement" found at Exhibit B to these 1 Instructions. For the Bidder's information, a list entitled, "Minority Contracting Agencies in 1 Florida" is attached hereto as Exhibit C. 23. TIME OF COMPLETION The time of completion is of the essence of the Contract and, each Bidder, if delivered an executed Contract, shall proceed with the Work in accordance with the approved schedule and within the Contract time period specified in the 1 Contract Documents. In the event of failure to complete the Work within the time specified, the Owner may assess damages as provided by law or the Contract Documents, unless an appropriate extension of time has been granted. 04- 405.40 IB - 7 Rev. 8/22/88 1 The successful contractor, after award of the contract, and subsequent to the Preconstruction Conference, shall be given a Notice to Procure materials. All materials necessary for the completion of the work shall be stored on site and /or immediately available for installation in place, within a reasonable time limit to be determined at the Preconstruction Conference. Upon procurement of materials, the Contractor shall be given a Notice to Proceed at which time the allowable construction contract time of sixty (60) calendar days shall commence. The Bidder's attention is directed to Paragraph 7.0 "Construction Sequencing and Contract Time" on Page PSR -9 of the Project Safety Requirements for more information concerning additional requirements and conditions in this connection. 24. RECORD DOCUMENTS The Contractor shall keep one record copy of the Contract Documents, Shop Drawings and samples at the site, in good order and annotated daily to show all changes made during the construction process. These shall be available to the Engineer for examination and shall be delivered to the Engineer for the County upon completion of the Work. Failure to maintain record documents current may be cause to withhold partial payment. 25. FEDERAL LAWS Contemplated construction shall be governed at all times by applicable provisions of Federal laws, including but not limited to the latest amendments of: 25.1 Equal Employment Opportunity Requirements Equal Employment Opportunity and Wage and Labor Provisions specified in Appendix 1. Each Bidder shall complete, sign and include in his Bid proposal the Equal Opportunity Report Statement and Certification of Non - Segregated Facilities. When a determination has been made to award the Contract to a specific Contractor as the apparent low, qualified, responsible, responsive Bidder, such Contractor shall furnish pertinent information regarding his own employment policies and practices as well as those of his proposed subcontractors as the FAA, the Owner, or the Secretary of Labor may require, prior to execution of the Contract. All such information required of a subcontractor shall be 3 furnished by the Contractor. The Equal Opportunity Report Statement, Certification of Non - segregated Facilities, Equal Opportunity Clause, all other EEO requirements, and all applicable Wage and Labor Provisions shall be included in all non - exempt subcontracts entered into by the Contractor. No subcontract shall be awarded to a new noncomplying subcontractor. In addition, the Contractor will also insert in each of his subcontracts a clause requiring the subcontractor to include these provisions in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 04- 405.40 IB - 8 Rev. 8/22/88 1 1 1 25.2 Minority Business Participation Minority Business Participation provisions, according to Appendix 2. ' As a prerequisite to the Owner receiving FAA's concurrence in award, and upon determination by the Owner to award the Contract to a specific Contractor as ' the apparent low, qualified, responsible, responsive Bidder, such Contractor shall furnish any additional information or reconfirm previously submitted information concerning the assurances outlined in Appendix 2 as the FAA or the Owner may ' require. 25.3 Fair Labor Requirements ' Labor provisions according to Part 152, Airport Aid Program, are attached and made a part of this document as Appendix 1. Minimum wage rates for the construction of the proposed Work have been ' established by the Secretary of Labor, U.S. Department of Labor. Schedules of Labor Classifications and corresponding Prevailing Wage Rates are included in Appendix 1. 25.4 Occupational, Safety and Health Requirements The Occupational, Safety and Health requirements as described or defined in the following Act, Regulation, or Advisory Circular shall apply to the execution of this construction Contract: 1 Williams- Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. 1 Title 29, Code of Federal Regulations: Chapter 17, Occupational Safety and Health Administration; Part 1910, Occupational, Safety and Health Standards; and Part 1926, Safety and Health Regulations for Construction. 1 FAA AC 150/5370 -2A (8/2/76), Occupational Safety on Airports. 25.5 Anti -Kick Back Act 1 All Contractors and Subcontractors shall comply with the Copeland "Anti -Kick Back" Act (18 U.S.C. 876) as supplemented in Department of Labor Regulations (29 CFR, Part 3) and as described in Attachment 0, Procurement Standards, of 1 the current Federal Register. 25.6 Clean Air Act of 1970 1 Contracts and subcontracts of amounts in excess of $100,000 shall require the recipient to agree to comply with all applicable Standards, Orders, or Regulations issued pursuant to the Clean Air Act of 1970, reference Attachment 1 0, Procurement Standards of the current Federal Register. 1 1 04- 405.40 IB - 9 Rev. 8/22/88 1 1 26. ADDITIONAL INSTRUCTIONS FOR APPARENT LOW, QUALIFIED, RESPON- SIBLE, RESPONSIVE BIDDER Contractor assistance is essential to execute specific documents promptly to obtain FAA's concurrence in Contract Award, to execute a Contract with the Owner and to prepare for a Contractor's Notice To Proceed. Contractor is instructed to carefully examine the General Provisions and to understand what is expected during each phase of the Project's construction. The Owner will maintain the original Bid Form and Bid Bond on file for record purposes. The Contractor will be furnished six (6) copies of the Contract Documents by the Owner. The Contractor shall complete, execute and submit all required documentation within ten (10) Calendar Days to the Owner. Specific items that must be completed and executed are: o BID ITEMS - The Contractor shall confirm with the Owner Bid Items to be awarded in the final Contract, to confirm Total Contract Price. o CONTRACT, PAYMENT, PERFORMANCE AND GUARANTY BONDS - Complete in the amount of Total Contract Price, effective upon Owner execution of Contract. 3 o EVIDENCE OF REQUIRED INSURANCE COVERAGE AND AUTHORITY TO EXECUTE - Complete. o BID CONDITIONS, MINORITY BUSINESS ENTERPRISE PROGRAM, Appendix 2 - Complete. Upon Owner's notification of concurrence in Contract award by FAA, the following items must be completed prior to issuance of a Notice to Proceed according to Paragraphs 80 -02 and 80-03 of the GENERAL PROVISIONS: 3 Owner: - Execute Contract Documents and forward copy to Contractor and FAA. Contractor: - Prepare detailed procurement and construction schedule for immediate 3 submittal to the Owner and Engineer. Confirm all subcontractor names and material suppliers. Schedule shall be submitted to the Owner and Engineer for review at least five (5) working days (weekends excluded) prior to the scheduled date of the Preconstruction Conference. 3 3 3 04- 405.40 IB - 10 Rev. 8/22/88 1 f STATE PAVING CORPORATION - CETT D (D F ITGURSEDTIML 4300 Ravenswood Road 1 FORT LAUDERDALE, FLORIDA 33312 -5399 DATE 11/30/88 FDOT WP I #682669 (305) 792 -8484 Dade: 945 -5263 ATTENTION MR PAT REBULL 1 t POST, BUCKLEY, SCHUH & JERNIGAN, INC. RE CONSTRUCT NEW 36" ROTATING RFACON 1 NORTH KROME AVENUE AND 51' TOWER 1 HOMESTEAD, FLORIDA 33030 1 FEDERAL EXPRESS f WE ARE SENDING YOU E Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications 1 ❑ Copy of letter ❑ Change order XJ COPIES DATE NO. DESCRIPTION 1 1 ORIGINAL MINORITY BUSINESS DISCLOSURE REQUIREMENTS PACKAGE FROM K -LAND CONSTRUCTION CO., INC. ' E REQUIREMENTS P ACKAGE 1 KUM I II 1 ORIGINAL MINORITY BUSINESS DISCLOSUR Q 1 PARY, INC. . 1 I THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution 1 XX As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS 1 1 1 1 1 COPY TO SIGNED: d p iY PRODUCT 2463 /� / Irc..clamn wa 01471 If enclosures are not as noted, kindly notify us at once. CYST C • W AN ' EXHIBIT A The Owner has adopted the Minority Business Enterprise Participation Program, ' which is incorporated herein and is available from the Owner upon request, in order to comply with the U.S. Department of Transportation's Minority Business Enterprise Participation Regulation 49 CFR Part 23. The Bid Conditions appearing in Appendix 2 1 are also incorporated herein. It is the policy of the Owner that Minority Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of this Contract. For this Contract, the Owner has established a Minority Business Enterprise Contract Goal of 5% for firms owned and controlled by minorities, and a Minority Enterprise Contract Goal of 2% for firms owned and controlled by women. Within ten (10) calendar days after the date for opening of Bids, the apparent, low, qualified, responsible, responsive Bidder shall be obligated, as part of its Bid, to reconfirm in writing to the Owner the information provided with its Bid concerning proposed MBE participation in this Contract. A Bid shall be considered unresponsive and may be rejected, in the Owner's sole discretion, if it does not include this information. In addition, the Bid shall be considered unresponsive to the Advertisement for Bids and may be rejected, in the Owner's sole discretion, if considered unresponsive to the Advertisement for Bids and may be rejected if the Bidder is unable to demonstrate, to the reasonable satisfaction of the Owner, as required by the policy, that the Bidder made a sufficient reasonable effort to satisfy the Minority Business Enterprise Contract Goals established for this Contract. If the Owner determines that the lowest, qualified, responsible Bidder whose Bid is responsive to the invitation and most advantageous to the Owner has not satisfied these Minority Business Enterprise Contract Goals, then the Owner may, in its sole discretion, consider the Bid unresponsive, reject the same, and may award this Contract to the next most qualified, responsible Bidder whose Bid is responsive to the invitation, whose Bid offers a reasonable price and who has met, or comes closest to meeting, these Minority Enterprise Contract Goals. A Bidder who fails to supply the required information may forfeit its Bid Guaranty. 1 • 1 1 IB - 11 • EXHIBIT B MINORITY BUSINESS DISCLOSURE REQUIREMENTS (Must be completed and - submitted within ten (10) calendar days after Bid Opening by the apparent low, qualified, responsible, responsive MBE.Bidder.) 1. Name of Company (firm, etc.): 1C—T.AND CONSTRIICTTON CO., TN(:. 2. Principal Office: P.O. BOX 61 -1387 (Street or P.O. Box) NORTH MIAMI, FLORIDA 33161 (City) (State) (Zip Code) { 3. Telephone Number: (305) 592 -3769 1 (Area Code) 4. State in which you are authorized /registered to do business: FLORIDA 1 (attach a copy of authorization /registration, including a copy of your business license). 5. Nature of business: STGWALTZATTON I 6. Years in business under the above business name: 9 YEARS III 7. Percent of minority ownership 55% (owned and /or controlled). 8. List the number of shares of stock issued and subscribed to as of this date: 1 a. 1 00 Shares b. 9. List any loans between Owners and between Owners and third parties relative to the business entity: N/A NONE m t i 10. Identify ownership of your company (all) in the following terms: Minority Status Percent of Percent of Name Position (if applicable) Ownership Ownership WYOLENE KIRKLAND PRESIDENT /SECY /TREAS 55% 55% JOHN W. KIRKLAND VICE PRESIDENT 25% 25% JAMES J. KIRKAAND VIEE PRESIDENT 20% 20% Ili 11. Identify all stock options or other ownership options that are outstanding: NONE 12. Identify the company /corporation officers as to the following: a. Name do Title: WYOLENE KIRKLAND PRESIDENT 111 IB - 12 1 4 1 Responsibilities: il . . T)ATT.Y CONTROT. (W AT.T, OPERATIONS OF K —LAND CONST CO. b. Name & Title: JnNN T1_ YTRKT.ANT) VTCF. PRFSTT)F,NT_ Responsibilities: I C(�RT)TNATTONS OF AT.T, OTTTSTT)F, ITTTTITIF,S AND LOCATIONS. c. Name &Title: Responsibilities: JAMES 1_ KIRKL4ND, VICE PRRSTT)RNT MATERTAT S CCOBfINATOR FOR VARTOTTS .TORS TN PROCESS. 13. Name and title of individual who decides what job the firm will take: WYOLENE KIRKLAND, PRESIDENT 14. Name and title of individual who obtains /negotiates and signs for bonds and insurance: WYOLENE KIRKLAND, PRRSTT)FNT 15. Established bonding limitation: PENDING II 16. Name, address and telephone number of Bonding Company: PENDING Contact Person: 17. Type and quantity of equipment owned: SEE LIST ATTArTLETL a. Source of letters of credit: N/0 1 b. Banking institution: BARNETT BANV nF Sn FT. NORTH MTAMT OFFTCF. 18. Trade reference: TRAPFTC CnNTRnT. T)RVTCRS TNC_ 19. Indicate if previously certified as a Minority Business Enterprise (MBE). By whom: FLORIDA DEPT OF TRANSPORTATION. DADE COUNTY AND BROWARD COUNTY. il 20. What percentage of work to be performed by your company on this project: 14, MARATHON AIRPORT L -103 -5 .1 (Location of Project) Dollar Value: 9 206. 0O 21. What work will you perform on this project? I?ot,4Ti.1 /, 2EAco../ SL)rpr.Fte. 22. List five (5) of your most recent projects which demonstrate your qualifications for the work on this Contract. Type of Work Agency /Company Date Value Location SIGNALIZATION TRAFFIC CONTROL DEVICES 1988 $295,504. DADE CO. " MIKE HUNTER, INC. 1988 303,171. DADE CO. It GENERAL ASPHALT CO 1988 35,800. MONROE CO. It MIKE CONSTRUCTION 1988 105,678. DADE CO. ii It CONTROL SPECIALIST 1987/88 630,000. ORANGE CO. IB - 13 li . ii 1 23. Attach a copy of the following: 1 a. Articles of Incorporation, 1 b. Business Charter, c. Complete, current, audited (or unaudited) balance sheets, and 1 I d. Company's operating statements. All of the foregoing information should be in affidavit form and should be subscribed - and sworn to by the authorized representative of your business and should contain the following statement at the close thereof, above the signature: The undersigned does hereby declare that the foregoing statements are true and 1 1 correct and include all material information necessary to identify and explain the operation of K -T.AND CQNE'RECT_ION e0. INC. thereof. Further, the undersigned does - covenant and agree to I: •ovidt curl 'nt, complete and accurate information regarding 1! actual work performed, the payment therefore, and any proposed changes in any of the arrangements hereinabove stated and to permit the audit and examination of the books, records and files of -1C-LAND CONSTRUCTION CO.,INt3y authorized representatives I I of the Owner. I HEREBY FURTHER DECLARE AND AFFIRM that I am PRESIDENT and duly authorized representative of X -T.AND CONSTRUCTION CO. ,INC. whose ,/ address is P.O. BOX 61 1387 NORTH MIAMI, FT: 33161 I HEREBY DECLARE AND AFFIRM that I am a minority business as defined by - the Department of Transportation /Federal Aviation Administration in the 1' specifications for the work and that I will provide information requested by the Owner to document this fact. It is recognized and acknowledged that the statements herein are being given under oath and any material misrepresentation will be grounds for 11 terminating any contract which may be awarded in reliance hereon. I SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING ARE TRUE AND CORRECT, AND THAT I AM 11 AUTHORIZED, ON BEHALF OF THE ABOVE FIRM TO MAKE THIS AFFIDAVIT. AiOV 1BE,R 'fl 19RR DI, . TTRKT.AND, ., DE T 11 (nate) (Affi t- Company's Authorized Rep.) STATE OF FLORIDA 11 COUNTY AND CITY OF :ua:u, DAD rr11r11TY t On this 30 day of /lov ens 4 ek^ , 19 fri, before me 11 uJ ��eNeKlKK4R — ,.iJ , the undersigned officer, personally appeared R-4 ICI fear , known to me to be the person described in the foregoing affidavit and acknowledged that she /he executed the same in the capacity therein 11 stated and for the purpose therein contained. 1 IN WITNESS THEREOF, I hereunto set my hand and official seal. 11 l'e: ete2d NO A Y PUBLIC 11 (NOTARY SEAL) My Commission Expires: Notary Public, State of Florida at Cargo My Commission Expires July 11, 1990 1( ,Bonded By St. Paul Eire and Marine JJ IB - 14 11 • STATE OF FLUHILIA tlrpartuirnt of Profcssitmil Veplation 7' CONS1RUCEICN I?CLS'TkY LICENSINE BCARD :1 1 I OATUE: LICENtE NO. ■ATCN NO. 11 /G4 /FE CC CC277 "'9 C17E7 � ; THECEKTIFIED CENEFAL CCNTRACTCR I ' I ! NAMED BELOW I S C E R T I F I E D UNDER THE PROVISIONS OF CI1AI''1'I':R 489 FOR THE YEAR EXPIRING JLr E 3C• 1929 I k 1 I I SMARCE. JOH? k J K—LAAD CONSTRUCTICN CC INC , t; 7906 hW 67TH STREET K ' P 0 ECX 61 -13E7 , i •' MIAMI FL 33166 • 1 047 LARRY 6CAZALEZ I" ACNE IAN1 O/ MOCESLONAµ GOVERNOR DISPLAY IN A CONSPICUOUS PLACE NEOU...t'ON �,• - -- — — -- - -- — • . �, 1.• _ - �r.7.Ir'Sai�1.>t. ^7sa.`. �.a.:�'. rtl.'�.a.'.�./•.:3� : tea. =�6 7�r.: 9�.bti =3�. 1 • 1 ' 1 - 1 1 1 • 1 1 a 1 . • • 1 ' n °n n� V I A 77 .c n , PI NP A�n�A k ryt P D U CD ,U, ��CD V CX CD CD V GDgC c ✓ 1•C �' .. t t! p .. 1 ,„„ 1 -c '''� cod:, 1.. � / 1" VY GMiIN rag 1 >:c +�epttrim>et><t of +tttte =VP 17t5 x I JC �n� C j :C I certify from the records of this office that K -LAND CONSTRUCTION • edils RUC CO. is a corporation organized under the laws of the State of �VV ':(1i Florida, filed on April 20, 1979. avc: • ::) s ~ 'n C The document number of this corporation is 619793. rntC v�= F, c avc int 1 further certify that said corporation has paid all fees due this an a r c 'ri d, office through December 31, 1988, and its status is active. ,; rrA 1 `ri zt j V� 'V� VC an n�, P I I ; . ._ V I nt,; (ltiiurue miler tug hattb u tb the a AY:: V L :.):, (Ai rent +r.�l of the+tute of �(lorii?u Ut at'cIu Italia seer, the Capital, this the r �V � nC "TttE Sj 22nd b2111 o June 1988. ' ll, \\\ "J'', ; 1.1 1 t"... P ' '-• 'i41 P ii 1(�t,; r Fp v, , ti � , 4 .1. A nC `ti w 3 Aim +mtth P I i=�C+rrretarg of Mute ?CI\ CF/SO (8 -871 V . V:�= 't V' "' V �Vi= VI''-= lV'`'=V1 ��yV =1V ° =1V "� ' �1V "�V ' V ''�V1� )' ' =t VL= Vim '74 ( 1 nC a<fAvriA rA7 rrtAwieltviA rnC nA iA � 6tA , a n h u S A C I -2 V 1 t ..% Y i +,,r ' = CUI?M:::ST AVAILABLE (Use rick , �L�as, • n= :?�.ar7^ *n�� I 10s IZ ...:,,a i < 1 1 I SI2� s �' ^ rte. c�� ■ •� V (�� 2 y> I.tf 1 ;4, * t y C_ r ,c t i �' C' , ■ c_...,, d t j 6 7r` k - C - e r - , 1,--04...\C %,‘ \ ie.- 1 -‘,"- c-. y-_ ■ 'a:{Y' 8 ^ ‘,€)0 I < <� 1 0 J o , 1I I - 7 1 + (�� 'Ss 2-50 � �� E - 1 1#5"2? kV---A 1 ? : I ="lt C '' $ v S , _ �Kw :/,.�. 1 Ylk.c i J,'‘ I 4 f v1#• t r .,,, , i9 I I • 1 ,41st f L U , 1 j ` ' I . 4 �i 21 i c) ti "\ 'l lr . l ",., 23 , � x ' i. 25 I f k'_ '' 27 I t 1 • '•�$�w��(�7�o ,.. ∎• r• f,. \2,L • 11 /`'r b {..- \./• .11l. (� St.' \P.r \ \,.� =1 siI1. ..,� .� \ S� " \1/ •"�,1/' ':,t " ,, i,... . I y' f .r .� \f /� 1�,�r( I i� /I:fii /1 \: f,,lr %/ crJt:w /\ %1 \:.r�!`c,. / \c n1 ■R` /ex� /.\RTI► \.�(1 \R' �c 1�:a / 1R / / \4'1\ ►Rr lF. ' 4717:67 '''''I'' 4.jr!►lK. 1�.4\i • Of �2 h et' , l '''. ........: E• alb. or a .,(... ....‘,.. .4........._ .. . ,,„. ... I R, , „..,.........,:........... .2...ber",`. • . • .': 1 : .,1 ...' , : a 1 :: , ; :i I i ,.( 0 0 , C"' . Departmetut of State 1= • alA •.. J • I mr..?" , i I certify that the attached is a true and correct copy of '` the Articles of Incorporation of K•LAND CONSTRUCTION LA' CO., a corporation organized under the Laws of the State ,, ,,. of Florida , - filed on April 24, 1979, effective s P. y,. / � ••; April 20, 1979. .,6,-; The Charter Number for this corporation is 619793. itr 40 IT Prig I .&14 IL, WO WO (Blues' under mg Hand and 211: Great ■ I z '..ZH sr Oral of Ili, State of /Florid at _ ` �, h a • 1 .. ` ,� Xattabaasre, the (E2 . ' • . tilts th L e :..7-11,., •- u a E - .E 7th bat 979. • -�- i4 . Aiiiir it 91.1 °00 WS SPV e aa ►_ C ■ 101 -. Clrrl 4. 1 12.72 V tc2 S ,, e 2 ;3i° . .x, •..i" �a 1 1ti. ‘•. V.`i :1v •�k. • .k.,Y \ \,,..' ,.� .� lb' r� ' ►y a!/ \.r.C,x;j. /.. ■ l.,,b. I(..?, c aV... i, at 1 ., /= / /:..! \n- , t: 1 a/a+s;►zi.,:f .:: ,s - ,.,6 , . '. 1 ., . " .,►n :� ;i, .'∎. :.` ;77•'''' 1 " FLORIDA — STATE OF THE ARTS ARTICLES r for i I,Dl ORPORATION r I Lt ARTICLE !Q os19 1 SECRETARY OF STATE TALLAHASSEE. FLORIDA The name of this Corporation is K•LAND CONSTRUCTION CO. ARTICLE II - DURATION The duration of this corporation shall be perpetual. Corpor- ate existence shall begin at the time of the subscription and acknowledgment hereof. These Articles of Incorporation shall be filed with the Secretary of State within five (5) days from the execution hereof. 1 ARTICLE III - PURPOSE 1 The corporation shall engage in and conduct the transaction of any or all lawful business for which corporations maybe incorp- orated in the State of Florida. 1 Specifically, this corporation shall engage in and conduct t P he general business of electrical contracting. 1 ARTICLE IV- CAPITAL STOCK The maximum number of shares of stock that this corporation is 1 authorized to have outstanding shall be 100 shares of $100.00 common par value stock. J -1- IL • .,., • • :. , : . . . . . : . ARTICLE V - PREEMPTIVE RIGHTS II Every shareholder, upon the sale for cash or any new stock 1 of this corporation of the same kind, class or series as that which II he already holds, shall have the right to purchase his pro rata share thereof (as nearly as may be done without issuance of fraction - 1 al shares) at the price at which it is offered to others. 1 ARTICLE VI- INITIAL REGISTERED OFFICE AND AGENT • I The street address of the initial registered office of this II corporation is 3000 Biscayne Blvd. #315, Miami, Florida 33137 , and the name of the initial registered agent of this corporation at 1 that address is LAWRENCE M. SHOOT II . ARTICLE VII - INITIAL BOARD OF DIRECTORS II This corporation shall have one (1) director initially. The 1 number of directors may be increased from time to time by the by- 1 laws but shall never be less than one (1). The name (s) and add- ress (es) of the initial director (s) of this corporation is (are): II LAWRENCE M. SHOOT 3000 Biscayne Blve., •, #315 II Miami ` Florida 33137 1 ` 1 II -2- il 1 1 '' ARTICLE VIII - INCORPORATOR The name and address of the person signing these Articles of Incorporation is: LAWRENCE M. SHOOT, 3000 Biscayne Boulevard, 1 Suite 315, Miami, Florida 33137 . ARTICLE IX - BYLAWS II The power to adopt, alter, amend or repeal bylaws shall be vested in the shareholders. The bylaws set forth may include any provision not inconsistent with law including the regulation of the business, the conduct of the affairs of the corporation, and any provision creating, defining, limiting, and regulating the powers of the corporation, the directors and the shareholders of any class of the shareholders, including but not limited to, any provision restricting the transfer of shares, any provision for :L accumulative voting, and upon execution of the bylaws by the ' shareholders, the bylaws shall have the same force and effect as t, i if incorporated and made a p part of these Articles of Incorporation. a e 1 , ARTICLE X - RESIDENT AGENT . ,7 't The Resident Agent of this corporation is LAWRENCE MOOT, :14 3000 Biscayne Blvd., Suite 315, Miami, Florida 33137 who by executing these Articles of Incorporation the day below written hereby accepts the appointment to act as the Resident Agent. 2, IN WITNESS WHEREOF, the undersigned subscriber has executed a .4 these Articles of Incorporation this 20th day of April 9 m 197 . LAWRENCE . SH OT, Subscriber ='t -3- r - • • STATE OF FLORIDA ) . r II COUNTY OF DADE ) 1 Before me, a notary public authorized to take acknowledg- ments in the state and county set forth above, personally appeared LAWRENCE M. SHOOT, II known to me and known by me to be the person who executed the foregoing articles of incorporation, and he acknowledged before me that he executed those articles of incorporation. 1 IN WITNESS WHEREOF, I have hereunto set my hand and affix - ed in the state and county aforesaid, this 20th day of 1 , 197 9. II 2 _ Notary Pub c,State o lorida at Large 1 '. My Commission expires: " 1 Rotary Public, State of Florida at Lergs My Commission Expiras Nov.•mbci 19, 1942 i nontlad thru faayn i,d t3otriind A' ncV • , ' 1 1 1 1 1 1 II e -4- 1 „. MA RING BOOKKEEPING SERVICE INC. 700 N. E. 124th STREET / NORTH MIAMI, FLORIDA 33111 PHONE ••5.2455 • •15.2417 INCOM TAX • CORPORATE RETURNS • PARTNERSHIPS • SMALL BUSINESS K -LAND CONSTRUCTION CO., INC. BALANCE SHEET DECEMBER 31, 1987 3 ASSETS Current Assets Cash $ 10,853 . Accounts Receivable 167,902 Notes Receivable 75,226 Total Current Assets $ 253,981 Fixed Assets Tools & Equipment $ 237,864 Trucks - Vans 67,823 Furniture & Fixtures 20,298 Total Fixed Assets $ 325,985 Accumulated Depreciation (226,435) Net Fixed Assets • 99,550 Other Assets Deposits 5,975 Total Assets $ 359,506 LIABILITIES AND CAPITAL Liabilities Accounts Payable $ 180,959 Payroll Taxes Payable 35,911 Loans from Officers 32,327 Total Liabilities $ 249,197 Capital Capital Stock Investment $ 38,200 Retained Earnings 72,109 Total Capital 110,309 Total Liabilities and Capital $ 359,506 1 1 1 1 • MA RING BOOKKEEPING SERVICE INC. 700 N. E. 124111 STREET / NORTH MIAMI, FLORIDA 331111 PHONE 1195-464 • KS -34{7 1 INCOME TAX • CORPORATE RETURNS • PARTNERSHIPS • SMALL BUSINESS 1 1 K -LAND CONSTRUCTION CO., INC. INCOME STATEMENT FOR THE YEAR ENDED DECEMBER 31, 1987 Sales $ 1,457,611 1 Cost of Sales - Contract Labor 295,027 • Gross Profit $ 1,162,584 1 General and Administrative Expenses: Equipment Rental $ 164,023 1 Equipment Repairs 33,120 Insurance - Health 7,259 Insurance - Liability 69,854 Interest Expense 2,216 ' Miscellaneous - Tools & Supplies 305,490 Office Rent /Telephone /Supplies 5,3,573 Payroll Taxes 32,235 Travel Expenses 2,508 Truck Expenses - Gas 50,164 Truck Expenses - Maintenance 30,316 Wages 366,383 Total General & Admi. Expenses $ 1,117,141 Income before Depreciation $ 45,443 ' Less: Depreciation Expense 45,312 Net Income before Income Taxes $ 131 1 1 1 1 1 Florida 7 � a rtll�el� of I rans portati 1.7'''' o " - " Ih 8w no Building IOS Suwenntrs SIIMi, T �C>• ruraTU+t1 �*, MMM 311111101401114. T Govt . .4 ��o am KAYi N. NINOBSPISSIN aMBlTMI II —i December 3, 1987 ti Er 4 ;a Ms. Wyolene Kirkland 1 ; K-Land Construction Co., Inc. Post Office Box 1387 ` i North Miami, Florida 33161 `' 1 Re: Disadvantaged Business - `_ Dear Ms. Kirkland• Enterprise C ' • . • ,, . 6, ` The Department is pleased to announce that your c n has ,: f certified as a Disadvantaged Business Enterprise (D8E) y a .'�I period of one year which is subject to continued eligibility sod 411s ' 16 `y'�a subject to actions of any other governmental agencies which nay ; the minority status of K -land Construction Co., Inc. This . certification enables the company to c s • � '` ' s r 4 compete i n the of the Department as a minority owned and operated cowpony. ' a guarantee that the company will receive work. �F � ' At any time there is a change in the ownership and control of the ` F $j A �. company, a new Schedule A is to be forwarded without delay to the N'!i Department. If you desire recertification consideration, a ROM . Schedule A must be submitted to the Department thirty (30) dip review ` ` 4 , to expiration of your current certification for a KKK consideration. A new Schedule A received after they ,.t1 , . 1 , will be considered as an initial request for certification. b • . '' . e Questions concerning the certification process this Office at (904) 488 -3145. Y be directed to # " ' Sincerely, 1 F Juanita Moore, Chief' • Bureau of Minority Programs "T. CERTIFICATION APPROVAL DATE a ' <- December 2, 1987 . .. + ; CERTIFICATION EXPIRATION DATE 1 +_ December 2, 1998 . ' r ~�f ry 0 Office of Sminority ooss Affairs 1 , A auM ousi Room 408,115 South Andrews Avenue I Fort Lauderdale, Florida 33301 9 o E No (305) 357 -7800 COUNIst II September 9, 1988 • 1 Ms. Wyolene Kirkland K -LAND CONSTRUCTION CO., INC. P.O. Box 61 -138? 1 No. Miami, FL 33161 Dear Ms. Kirkland: 1 The Office of Small /Minority Business Affairs is pleased to announce that your company has been certified as a Women Business 1 Enterprise (WBE) for a period of one (1) year. This certification is based on a review of your information affidavit and other documents submitted It is subject to validation on a project by project basis. I Certification by this office enables your company to participate in contracting opportunities offered through Broward County II Government as a small disadvantaged business enterprise. It does not guarantee that your company will receive work. Any changes in the company ownership, control, operations, II address, telephone number, or other change that substantially alters ownership and /or control by the women principal(s) must be • filed with this office not later than thirty (30) days after the II change Questions concerning the certification process may be directed to II this office at (305) 357 -7800 Sincerely, • Sylvia Y. Chatnion II Compliance Specialist vcb CERTIFICATION APPROVAL DATE: September 6. 1988 CERTIFICATION EXPIRATION DATE: September 6. 1989 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS S.;cn 1 Cowin — Howard Cratt Howard Forman Nicki Englander Grossman Ed Kennedy Sylvia Poilier Gerald Thompson 1 An Equal Opportunity Employer METRO-DADE TRANSPORTATION ADMINISTRATION • , V I NY.' : f. I A A u i't I i 1+415 .' 1 . 1 February 26, 1987 • II Ms. Wyolene Kirkland, President K -Land Construction Co., Inc. 7906 N.W. 67th Street P.O. Box 61 -1387 II Miami, Fla. 33161 Dear Ms. Kirkland: 1 The Metro -Dade Transit Agency (MDTA) Office of Disadvantaged/Women's Business Enterprise (DBE /WBE) has reviewed the information subm ti ted by • I your firm in support of your application for certification Bus -Enterprise. and hereby approvea.K- - atraetlost.. as a.legiti WBE as defined by DOT 49 CFR Part 23., 1 This approval is general in nature and does not extend to any specific contract. If you should enter into a contract to perform work er provide v. 1 goods /services on a MDTA Project as a Women's Business IRterpriss, your firm must be reapproved by this office for that contract and each subsequent contract awarded to you. 1 Any questions you may have should be directed to: Mr. King Elliott 1 DBE /WBE Administrator Metro -Dade Transit Agency 3401 N.W. 31st Street fit 1 : � 4 Miami, Fla. 33142 • : g u Phone: (305) 638 -7204 4' II Sincerely, .4 1 , k: King Elliott ■ 4,i DBE /WBE' Administrator . ,i, II :klm •- ' 1 "� 1 1i .s v! •4. 4 % Z 4 I h METROBUS- METROR,yL -ME • • . '. 1 . h 1 EXHIBIT B I ' MINORITY BUSINESS DISCLOSURE REQUIREMENTS (Must be completed and 1 submitted within ten (10) calendar days after Bid Opening by the apparent low, I qualified, responsible, responsive MBE. Bidder.) 1 1. Name of Company (firm, etc.): Part, Inc. I 2. Principal Office: 3951 N. Osprey, I (Street or P.O. Box) arasoa Florida 34234 I ‘ (City) (State) (Zip Code) , 1 3. Telephone Number: (813) 355 -9393 I (Area Code) 1 4. State in which you are authorized /registered to do business: Florida t (attach a copy of authorization /registration, including a copy of your business I license). 5. Nature of business: Concrete curb and gutter I 1 6. Years in business under the above business name: eight 7. Percent of minority ownership 1007. (owned and /or controlled). 111 8. List the number of shares of stock issued and subscribed to as of this date: 1 a . 1 b. i 9. List any loans between Owners and between Owners and third parties relative to 1 the business entity: r -) r r 1 1 10. Identify ownership of your company (all) in the following terms: 1 Minority Status Percent of Percent of Name Position (if applicable) Ownership Ownership I Leroy Sims President Black 100% 100% 1 I 11. Identify all stock options or other ownership options that are outstanding: 1 I 12. Identify the company /corporation officers as to the following: Leroy Sims, ' a. Name do Title: Y � President- Treasurer IB - 12 1 I t 3 Responsibilities: 3 b. Name & Title: Bridget N. Sims, Corporate Secretary 1 Responsibilities: 1 c. Name & Title: A. Lee McDonald, Ass' t. Vice President Responsibilities: 3 1 13. Name and title f individual who decides what job the firm will take: Leroy Sims, P resident 1 I 14. Name and title of individual who obtains /negotiates and signs for bonds and insurance: Leroy Sims 3 15. Established bonding limitation: 1 million 16. Name, address and telephone number of Bonding Company: 3 United States Fidelity and Guaranty Company -1408 N. Westsnore tiivci. I Tampa, t L ..3.3b2.3 (S1.i ti /9 X) Contact Person: 3 17. Type and quantity of equipment owned: 1 a. Source of letters of credit: CNS Bank 3 I b. Banking institution: Southeast Bank 18. Trade reference: Fl Mining P.O. Box 23965, Tampa FL 33630 1 19. Indicate if previously certified as a Minority Business Enterprise (MBE). By whom: r l,� - I ( I C , � i�� r T ��- I rc r S f a r `F ■ : 3 1 20. What percentage of work to be performed by your company on this project: _ % I (Location of Project) - I Dollar Value: 7 c.00 .O v 3 I 21. What work will yo,g, perform on this project? T.4S74/4r to./ a t Goy €Qtr 6 to,, ..r D R r # o.4 FOR 1 EAc , -row E .c 3 1 22. List five (5) of your most recent projects which demonstrate your qualifications for the work on this Contract. 3 Type of 1 Work • Agency /Company Date $ Value Location 3 / /pi/ Coc4Ndu��.o�il1 Ao„ /-atA / . ‘ ,.. 5 - 0 / 4.06, /24 F -/i4 1 To' // P/9)-19 Sha F�� 7 3 SA / (� //v /frFl / y Oo v 43e e /ie 45r€-r1h�¢ a Ba rr /as' we // S/ � // � j cte AreAi f . 2 J 31-7 S 6 g 7 4.44c -c r- ef�e 1 5 i le ,....A c ' /9/H-.2c tJ. 1 Bi :13 /.)� /l o Da 0Ate ¢ a 3 C2i 6 Tom/ 5,--' • F d r ,�.�Q Aso, 9.�, u. //I f �� 427/ �w ' /o��o -3.527 3 , . _________ . . . 1 1 23. Attach a copy of the following: - a. Articles of Incorporation, I b. Business Charter, N c. Complete, current, audited (or unaudited) balance sheets, and d. Company's operating statements. I All of the foregoing information should be in affidavit form and should be subscribed I and sworn to by the authorized representative of your business and should contain the following statement at the close thereof, above the signature: 1 The undersigned does hereby declare that the foregoing statements are true and I correct and include all material information necessary to identify and explain the I operation of (company name) thereof. Further, the undersigned does covenant and agree to provide current, complete and accurate information regarding ' actual work performed, the payment therefore, and any proposed changes in any of the arrangements hereinabove stated and to permit the audit and examination of the I books, records and files of (company name) by authorized representatives of the Owner. 1 I HEREBY FURTHER DECLARE AND AFFIRM that I am (title) and duly authorized representative of (name of firm) whose address is (address) I I HEREBY DECLARE AND AFFIRM that I am a minority business as defined by the Department of Transportation /Federal Aviation Administration in the specifications for the work and that I will provide information requested by the Owner 1 to document this fact. It is recognized and acknowledged that the statements herein are being given under oath and any material misrepresentation will be grounds for terminating any contract which may be awarded in reliance hereon. I SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT 1 THE CONTENTS OF THE FOREGOING ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE FIRM TO MAKE THIS AFFIDAVIT. 1 //2.0 , (Date) ( a t- Company's Authorized Rep.) 1 STATE OF j.,� COUNTY AND CITY OF c , a,‘/, „ 1 On this 1 ),`1 - th day of NI; rnh r , 19 ` ?j', before me (Title) , the undersigned officer, personally appeared I (Name) , known to me to be the person described in the foregoing affidavit and acknowledged that she /he executed the same in the capacity therein stated and for the purpose therein contained. 1 IN WITNESS THEREOF, I hereunto set my hand and official seal. 1 1 NOTARY PUBLIC (NOTARY SEAL) My Commission Expires: Notary Public, State of Florida 7 ” IB - 14 My Commission Expires July 28, 1989 1 poodad By American Fhb & Casual* to 1 _.__._._.___________________________ i 111 . . Ili . 3 X • • i 4 3 V • .• . • . . .. • • III �vV DUCDVC UC�UCDUC y V4JUC VCDV N v aV,� V V ©V aV V Gn u a. d ,(1,-0,11.1."0 CI , r n A an _n s 01;3 C CD Ca p • n� dnazan • D C 31 We II clata DuC �, to SI DE na ;� yob tyr anb 1 ` ' o , ' V', D a Me wl:nem of Omit . pi Inc 3 1 1 �� . DN I • 3 zi.op ,n I certify that the attached is a true and correct co n the A copy of Ms Articles of Incorporation of PARY, INC., a corporation al 3 1 organized under the Laws of the State of ',VP -1 D Florida, filed on °nC nn November 12, 1980.• V r • UC D • 3 • 0�c D. C. The charter number for this corporation is F05270. DnC V si C e l D c � �c Nit 1 •. ,fir D� C n C qua ' damn antler mp banb ants the C any (Brea Seat of the State of j[on�a, ' 3 D AC �oE Zile sr�T at t;a[Whaggee, the vita[, thig the �C H O° ;'. n ° ... . 13th ba No t • � .� of ember, 1980pe A < Le t ,dr � P CLA 101 A... 6.70 Qe�Corge �f"lregtone Ul v C S V r��v v �v Secret D CDnCD,D CDV � CD � aDU CD U aD U C � DUC ' � D C DU�� Vl2 OD�lV Vl� � �tatC dnUcnt�dnRVn� n dnbfJnL�dnopb""�`""'�A n�° c ��c��dc i • . :l -¢131. • ARTICLES OF INCORPORATION 1 OF PARY, INC. 1 The undersigned incorporators of these Articles of In- II _ corporation, each a natural person competent-to contract, -• _ associate themselves together to form a Corporation under • 1 - the laws of the State of Florida. ca _ • . F-1 '-‘1 I ARTICLE I r ;.. NAME; The name of this Corporation is: N .p • • PARY, INC. • c . , Ct r� p 9 • ARTICLE II.- ------ 1 CORPORATE PURPOSES: The corporate purposes are: To engage in any lawful act.or activity for which corporations 1 may be organized under the laws of the State of Florida. To purchase, sell, lease, let, demise, and /or subdivide all real or personal property wheresoever situate:. 'to make, 1 purchase or sell materials for t'he of buildings; . to erect buildings, to own, manage, operate, lease and sell II buildings; to conduct and carry on the business of builders, developers, sub - dividers and contractors, for the purpose - II of building, erecting, altering, repairing or doing any other — work in connection with any and all classes of •buildings and. •• - • - ---•- 1 improvements to real property of any kind or nature whatsoever ' and in connection with the division, sub - division, and development 1 of real property, including the locating, laying out and construction of roads,'avenues, docks, slips, sewers, bridges, wells, walls, 1 seawalls, canals,and water and sewer plants, and in general to do and perform all of the foregoing in connection with all classes of buildings, erections and works, both public 1 and private, or integral parts thereof. II To conduct a general brokerage, agency and commission in the purchase, leasing, sale and the management of real • II II estate and improvements for others and negotiation of loans • thereon; po purchase and sell for others, personal property, • stocks, bonds and notes, to negotiate loans thereon for others; II to act as Trustee in Deeds of Trust or mortgages on real or personal property or any evidence of value to secure the same. II _ To contract debts and borrow money, issue and sell ar.. pledge bonds, debentures, notes and other evidences of indebtedness II and execute such t•Sortgages,•transfers of corporate property, or other as are necessary to secure the payment I of corporate indebtedness. To purchase the corporate assets of any other corporation, I and engage in the same or other.chakacter of business. To loan the monies of the corporation 'and to take back -•• II mortgages as security therefor on both real and personal property. To guarantee, endorse, purchase, hold, sell, transfer, II mortgage, pledge or otherwise acquire or dispose of the shares of the capital stock of, or any bonds, securities, or other I evidences of indebtedness created 'by any other corporation of. the State of Florida, or any other State or Government, , and while the owner of such stock to exercise all the rights,- -- 1 powers and privileges of ownership, including the right to vote such stock..'. • _ To act as nominee or agent for the g purpose of land acquisition, - development, sales and financing.. --- _ __ -- • • - - _ —.--- II To act as a General Partner in Limited Partnerships which will engage in activities contemplated by this Article and II to perform all services necessary or desirable in connection therewith, and to act as Nominee for the purpose of acquiring, 11 financing and transferring real and personal property. To manufacture, purchase, or otherwise acquire, and to II own, mortgage, pledge, sell, assign, transfer, or otherwise ' dispose of, and to invest in, trade in, deal in and with goods, II wares, merchandise, real and personal property, and services of every class, kind and description; except that it is not -2- • . .. • . • . 1 to conduct a banking, safe deposit, trust, insurance surety, • express, railroad, canal, telegraph, telephone, cemetery, II professional engineering or surveying company, a building and loan association, mutual fire insurance association, coopera- tive loan association, fraternal benefit society, state fair or exposition. •• -• —• - - ----•- - . ARTICLE III CAPITAL STOCK: The shares of stock of this corporation shall consist of only one class. The maximum number of shares 31 of Stock that this Corporation is authorized to have outstand- ing at any one time is: Five Hundred (500) Shares. of Common Stock having One Dollar ($1.00) par value. - ' __ . 3 Pre - emptive rights will be granted to shareholders to purchase pro -rata any additional shares of common stock authorized 3 to be issued hereunder. • ARTICLE IV INITIAL CAPITAL: .The amount of capital with which this corporation will begin business will not be less than $500.00. u :I ARTICLE V TERM OF EXISTENCE: This Corporation is to exist perpetually. • :I ARTICLE VI • -- ADDRESS: The initial Street Address of the registered. — • -- office of this Corporation in the State of Florida is: 4011 JI • Filipi Lane, Sarasota, Florida. The Board of Directors may from time to time move the registered office to any other • address in Florida. The initial registered agent at aforesaid address shall be Leroy Sims. • ARTICLE VII DIRECTORS : This Corporation shall have three (3) Directors initially. The number of Directors may be modified from time to time by By -Laws adopted by the Stockholders. II ARTICLE VIII ' . INITIP.L DIRECTORS: The names and street addresses of II _ ... ..... ___ _ • • .• • - , II tho members of the first Board of Directors are: • Leroy Sims 4011 Felipi Lane • Sarasota, Florida' Patricia Sims 4011 Felipi Lane Sarasota, Florida II Robert P. Rosin 200 South Washington Blvd. Sarasota, Florida 33577 1 _ ARTICLE IX -• _ .. INCORPORATORS: The names and street addresses of the • incorporators to these Articles of Incorporation are as follows: II INCORPORATORS ADDRESSES • Leroy Sims 4011 Felipi Lane • 1 Sarasota, Florida ARTICLE X - i _ These Articles of Incorporation may be amended by Resolution ----- adopted by the Board of Directors, proposed by them to the 1 .Stockholders and approved at a Stockholders Meeting by a majority • of the Stock entitled to vote thereon. Leroims II "INCORPORATOR" • 11 STATE OF FLORIDA ) .. COUNTY OF SARASOTA ) - • II — ' I HEREBY CERTIFY that on this day before me, a Notary Public . duly authorized in the State and County last aforesaid to take acknowledgments, personally appeared: "'- - - - II Leroy Sims to me known to be the person. described as Incorporators in and who executed the foregoing Articles of Incorporation and 11 he• acknowledged before me that he subscribed to these Articles of Incorporation for the uses and purposes expressed therein. WITNESS my hand nd official s , in the County and State 1 named above, this day of , 1980. My Commission Expires: �' ' ��`�'�-yvc.d...ti P Notary . Public NOTARY MUG STATE OF FLORIDA AT LARGE I Mt COMMISSION EAMES JAN b I•s4 ' ROWED THRU GENERAL INS UNDERWRITERS —4_ 1 . • • • • Raving been named Registered Agent to accept service of process for the above stated corporation at registered office designated in the Articles, I hereby accept such designation a al nd agree to serve as Registered Agent. • Ay Sims • STATE OF FLORIDA • COUNTY OF SARASOTA • The foregoing •trument was acknowledged before me this 3,a' day of , 1980 by Leroy Sims as • Registered Agent. . • /01---:-;.--1-/A4 N ary Pu lic 14y Commission Expires: • "' - - - "' NOTARY ?MC STATE OF ElORIOA AT LARGE • M. COMMISSION EXPIRES JAN 13 19d4 KINLAU TNW GENERAL INS lRVOERWRI TERS • • • • 3 1 • . . 3 • • 1 • • 1 r — ~ , - 1 • -5- 1 1 ' 1 rAl rt & Company Certified Public Accountants 1 Board of Directors and Stockholders 1 Pary, Inc. 1 We have compiled the accompanying balance sheet of Pary, Inc., as of May 31, 1988, and the related statement of income and retained earnings and supple- 1 mentary information for the seven month period ended May 31, 1988, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. However, we did become ' aware of certain departures from generally accepted accounting principles that are described in the following paragraphs. Management has elected to omit the notes to the financial statements and the 1 statement of changes in finanical position required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's ' financial position and the results of operations. Accordingly, these financial statements are not designed for those who are not informed about such matters. 1 The statements do not include the current accrual and related provision or benefit for income taxes, if any, the effects of which have not been determined. North & Company, CPA's Certified Public Accountants September 22, 1988 1 1 1 1727 Second Street, Sarasota, Florida 34236 Member I William E. North Florida Institute of C.P.A. Terry L. Armentrout (813) 957-4242 American Institute of C.P.A. 3 3 3 3 3 1 TABLE OF CONTENTS Page Accountants' Compilation Report 3 Balance Sheet 1 -2 Statement of Income and Retained Earnings 3 3 Supplementary Information: 3 Schedule of Selling, General and Administrative Expenses 4 3 1 3 3 1 • 1 3 PARY, INC. BALANCE SHEET May 31, 1988 ASSETS Current Assets: Cash $ 91,666 Accounts receivable: Due on contracts, including $340,358 ' retained by customers in accordance with contract provisions 1,020,408 Advances to employees 600 ' Prepaid insurance 9,327 Costs and estimated earnings in excess of billings on uncompleted contracts 174 ,106 ' Other current assets 3,199 Total current assets 1,299,306 Property and Equipment - at cost: Furnishings and equipment 54,825 Machinery and equipment 1,205,910 Automotive equipment 98,155 Leasehold improvements 612 1,359,502 Less accumulated depreciation 905,938 Net property and equipment 453,564 Other Assets: • Deposits 765 ' Accounts receivable: Due on contracts - in litigation 153,738 1 $1,907,373 1 See Accountants' Compilation Report Page 1 1 PARY, INC. BALANCE SHEET May 31, 1988 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: • Accounts payable $ 517,072 Notes payable 149,964 Billings in excess of costs and estimated earnings on uncompleted contracts 156,617 Current maturities on long -term debt 347,791 Other current liabilities 12,771 Income tax payable: Deferred 20,500 Total current liabilities 1,204,715 Long -Term Debt: Notes payable 545,052 Less current maturities 347,791 Net long -term debt 197,261 3 Stockholders' Equity: Common stock - authorized 500 shares 3 of $1 par value; 341 shares issued, 335 shares outstanding and 6 shares in treasury 341 Paid -in capital in excess of par value 66,797 Retained earnings 442,095 509,233 3 Less cost of treasury stock 3,836 Total stockholders' equity 505,397 3 3 $1,907,373 3 1 See Accountants' Compilation Report Page 2 3 1 1 PARY, INC. STATEMENT OF INCOME AND RETAINED EARNINGS 1 For the Seven Month Period Ended May 31, 1988 Earned revenue $3,233,001 100.00$ Cost of earned revenue 2,154,985 66.66 Gross profit 1,078,016 33.34 ' Selling, general and administrative expenses including interest expense of $57,086 1,051,540 32.52 Income from operations 26,476 .82 Other income: ' Interest 279 .01 Miscellaneous income 884 .03 Gain /loss on sale of asset 516 .01 1 Total other income 1,679 .05 1 NET INCOME 28,155 .87% ' Retained earnings - beginning 413,940 RETAINED EARNINGS - ending $ 442,095 1 i 1 1 1 See Accountants' Compilation Report 1 Page 3 3 3 3 3 3 3 3 SUPPLEMENTARY INFORMATION 1 3 3 3 3 3 • 3 3 3 3 1 1 PARY, INC. SCHEDULE OF SELLING, GENERAL AND ADMINISTRATIVE EXPENSES 1 For the Seven Month Period Ended May 31, 1988 1 Salaries $ 248,205 7.68% Automotive 124,582 3.85 Bank service charges 295 .01 1 Computer 3,440 .11 Depreciation 120,711 3.73 1 Dues and subscriptions 4,286 .13 Insurance 117,310 3.63 Interest 57,086 1.77 1 Legal and accounting 82,963 2.57 Licenses and permits 2,195 .07 I Lease of equipment 64,866 2.01 Miscellaneous 789 .02 I Office supplies 11,030 .34 Penalties 974 .03 Plans and specifications 2,812 .09 Rent 14,096 .44 Repairs and maintenance 42,899 1.33 Shop supplies 4,225 .13 1 Small tools 5,965 .18 Taxes 88,597 2.74 I Telephone and radio 30,891 .95 Travel and entertainment 16,947 .52 Uniforms 3,063 .09 1 Utilities • 3,313 .10 $1,051,540 32.52% 1 1 1 1 See Accountants' Compilation Report 1 Page 4 EXHIBIT C MINORITY CONTRACTOR AGENCIES IN FLORIDA United Minority Contractors Association of Florida ' 5121 Soutel Drive Jacksonville, FL 32219 Attn: Frederick Law Phone: 904/768 -2314 (home) Broward County Minority Builders Association, Inc. 771 N.W. 22nd Road 1 Ft. Lauderdale, FL 33311 Attn: Mr. Pat Larkin Phone: 305/792 -1121 ' Minority and Women Business Affairs City of Miami 1390 NW 20 Street ' Miami, FL 33142 Attn: Adrian McBeth Phone: 305/579 -6380 Dade County MBE Development 111 NW 1st Street #1710 ' Miami, FL 33128 -1975 Attn: Milton Vickors Phone: 305/375 -4132 ' Central State Association of Minority Contractors Post Office Box 5948 Orlando, FL 32855 Attn: Derrick Wallace Phone: 305/291 -2850 Allied Minority Contractor Association 5800 NW 7 Avenue Miami, FL 33137 Attn: Douglas McKinnon Phone: 305/754 -4903 State of Florida Minority Business Assistant Enterprises Office Larson Building 200 East Gaines Street Tallahassee, FL 32399 -0950 i Attn: Carolyn Wilson- Newton Phone: 904/487 -0915 1 Rev. 1/26/88 1 IB -15 1 1 ' .- BID FORM 1 (This form must not be detached from the Contract Document) ' FOR: Monroe County Board of County Commissioners Monroe County, Florida -1 ' Submitted: t.tc ∎r.ka - r(56 (Date) By S Imo_ .i i t-- (Firm Name) Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons ' interested in this Bid as principal-gr principals, is or are named herein and that no person other than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a Bid; and that it is in all respects fair and in good faith without collusion or fraud. The Bidder further represents that it has examined the site of the Work and ' informed itself fully in regard to alt.conditions pertaining to the place where the Work is to be done; that it has examined-the Plans and Specifications for the Work and other Contract Documents relative thereto, has read all of the Addenda furnished prior to the opening of the Bids, as acknowledged below; and that it has otherwise fully 1 informed itself regarding the nature, extent, scope and details of the Work to be performed. • ' If provided with a Notice of2lntent to Award the Contract by the Owner, the Bidder shall contract with Monroe County in the form of the Contract Agreement contained in the Contract Documents, furnish all necessary permits, licenses, ' materials, equipment, machinery; maintenance, tools, apparatus, means of transportation, and labor necessary to complete the Work within the specified Contract Time and as provided for to the Contract Documents to: Construct New 36" Rotating Beacon and 51 -foot Tower, Marathon Airport, Marathon, Florida; furnish the ' prescribed Performance Bond and Payment Bond in the form contained in the Contract Documents each for not less than the Total Contract Price; furnish the required evidence of the specified insurance furnish the required Minority Business ' Enterprise data and submittals; an '?urnish the proof of Authority to Execute required by Paragraph 14 of the Instructions to Bidders. If the Bidder fails or refuses_te execute the Contract Documents, or furnish the ' Bonds and other required documents as set forth in the Instructions to Bidders within ter, (10) calendar days after the date of the Notice of Intent to Award the Contract to it, the Bid Guaranty accompanying this Bid, and the money payable thereon shall BF - 1 become the property of the Owner. Otherwise, the Bid Guaranty will be returned to the Bidder. 1 It is understood that the Bid prices stated by the Bidder in the Schedule of Prices Bid is based on the estimated quantities shown and will control in awarding the Contract as provided in the Contract Documents. The correct summation of the correct products, obtained by multiplying the estimated quantities shown in the Schedule of Prices Bid by the unit prices entered therein, will be considered as the Total Bid Price. In the event of a discrepancy between a unit bid price and its extension, the unit bid price will govern. It is further understood that the quantities stated for the various items in the Schedule of Prices Bid are estimates only and may be increased or decreased as provided in the Contract Documents. Bidder must furnish complete Unit Price Bids on all of the Base Bid plus all of the Additive and/or Alternate Bid items, if any, in the blank spaces provided in the Schedule of Prices Bid. Accordingly, a Bid may be considered unresponsive and may be rejected, in the Owner's sole discretion, if the Bidder fails to submit a complete Bid. The Owner reserves the right of accepting or rejecting any Additive or Alternate Bid Items. The Bidder hereby further agrees if awarded the Contract, to commence the Work within ten (10) calendar days following the date of issuance of Notice to Proceed by the Owner, and complete the Work specified within the time limits set forth herein and in the Contract Documents, which time limits the Bidder acknowledges are reasonable. The Bidder agrees that upon issuance of the Notice to Proceed, he will complete the Work within the Construction Contract Time of 60 Calendar D ays. If the Bidder fails to complete the Work within the scheduled construction contract time or any authorized extension thereof, there shall be deducted from the Total Contract Price a sum consisting of Five Hundred Dollars ($500.00) per calendar day plus all costs for any additional Resident Construction Observation, Engineer or Owner related expenses incurred for each calendar day elapsing beyond the specified time for Contract completion, in accordance with the Contract Documents as fixed, agreed, and liquidated damages. In any event, the Owner shall have the right to compensatory and consequential damages resulting from the Bidder's delay in completing the Work or otherwise resulting from the Bidder's failure to perform in accordance with the terms and conditions of the Contract Documents. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Plans and Specifications: ADDENDUM NO. DATE ADDENDUM NO. DATE The Bidder declares that the Prices Bid herein reflect minimum wage rates established for the Monroe County, Florida area by the Secretary of Labor of the United States Department of Labor. The Bidder agrees to accept in full compensation for each Item, the Price named therefore in the following Schedule of Prices Bid: BF -2 IN 1 III. " i' t 0 ) : 3 � 31 01 o \-11 . N. o �� Q > e ; \ f , ..9 Il a L_9 4 a /\ 0 o `" 1 .% ,� 1 0l � ` M 1 .• W C.../ '.r ci 1- • • • . • . • CIL 1--1 N N La. La. La- ti W "" Z • Q • • • Q • d. 1 1a S J W J J J J J W J g G I W I ..w V CO In LO 0 LO N d, 0 ' W N 1- C I• • c • • cc •11... 1St a 1 40 t.) ( 1 o Li O C . . 4.1 m W 7 • 4J O • • 7 J O R W 9 O CI) O 1 c Qf pp S. r W • d C t0 . b CO S ✓ '.- 3 C N Z 0. = G.) V 4) C • O r N 1..1 1-- I 1... O -r _b 7 0 s +�+ Z U A S. 0 L) O C.. 4- 'o VI N m 3 f- •r.. w.— C 4) CU I W O [L 41 N 7 4.1 > N D 0, F- r- C r 0 U r r .� C . y O 4) 4) V 7 S. eti ++ 0 V r- V.. . 0 D > C 4.) f0 C 0 C 10 U . b b V C - I 4) o *J . •0 -) C3 1 of - -1 i0 - r 0 1 0 C N C N S C7 10 4) L 0 1 .1 0 -4 CO O O N +I +•1 + I- I.- 1. - 4) . U -r --- i 0 4) 12) - 01 w 4 .0 0-- b 0) 1. 0 0 r 4) i Y i C ale 10 C P-- - I r 0- l+. O. --- 4) 0 4) 4) i.1 7 a IX i E .G '0 b 17 4) U v! 0 O +- — O W C r C L \ C i C 2 X < U) L) L) O m O CO —4 1-. O ...• . 1 °= • m H = ---1 N M C' in t0 r... co al • • 1 .--1 .-.4 N N 0: t Z • Cr) u_, I ) to I4 L) U) 11 f 1.0 WC-) 1 1 1 1 1 1 1 1 1 x W W O --+ M on 00 O co co 0 I Q- a , ~ , 0 0 0 0 0 O 0 O r Q N r-1 .-1 ri .--1 ...-8 ...I .•-1 ..d ...1 I C. 1 1 1 I 1 1 1 1 CD J J J J J J J J 1 BASE BID 1 For all work required in accordance with the applicable Plans, Specifications and other Contract Documents including the cost of the required Bonds and Insurances, the undersigned submits a Total Contract P ice of: j� / /tft PA/tic/1 �� C,Wvr� f 0 5 O% R►S / ($ G g (Ca't ' . ), broken down by unit prices, as shown in the preceding "Schedule of Prices Bid ". Attached is a cashier's check drawn on the 1J 1 A bank of 14/4- or a Bid Bond on the standard form of the Owner for the sum of 107,7 B I i7 DOLLARS ($ lc) A n. f - ) according to the requirements of the Instructions to Bidders, which check or Bid Bond is subject to the conditions and provisions thereof. -- If Bidder is an individual, sign on thise line). � gn . ) ■ (SEAL) (SEAL) Address (If Bidder is partnership, fill in name of partnership, followed by the signature of the the partner signing on behalf of the partnership.) A Partnership 3 By: i" /L• (SEAL) Name and address of all p artners: P ik- 1 1 BF -4 • 1 1 If Bidder is a corporation, fill in the name of the corporation, followed by the signature of the officer signing of behalf of the corporation, followed by the officer's title.) ' The below Corporation is organized and existing under the laws of the State of �'F."riAr5 fL oti ii Fs authorized by law to make this Bid and perform all work and furnish materials and equipment required under the Contract Documents, and is authorized to do business in the State of Florida. • ' By. (Official'itle) - t 6T ''S 14. ,5►y!(11.. (Affix Corporate Seal) 43cn kt.•/ ` ulrcf - i (Address) ;41 1 Attest: Vin,,:j1k l., Secretary 1 The full names and residences of persons or firms interested in the foregoing Bid as Principals or Officers (specifically include the President, Secretary, and Treasurer and state the corporate office held by all other individuals listed) are as follows: --r �:�� r J. EL.ko 'f�S t Lr.,L1- - f €1, _ (03s r l 4419 rA (7 . 4101-1- yu3crr/, % „. Sol ,1 l" u �,�� - �i:�s . 6;180 11 w . 45 ` �r l � ' �� i (, _ f 1 1 BF -5. 1 Bidder: , (Alt. �! 410_, j z`‘- ' EQUAL OPPORTUNITY REPORT STATEMENT (Must be completed and submitted with the Bid) Each Bidder shall complete and sign the Equal Opportunity Report Statement. A Bid may be considered unresponsive and may be rejected, in the Owner's sole discretion, if the Bidder fails to provide the fully executed Statement or fails to furnish required data. The Bidder shall also, prior to award, furnish such other pertinent information regarding its employment policies and practices as well as those of its proposed subcontractors as FAA, the Owner, or the Executive Vice President of the President's Committee may require. The Bidder shall furnish similar Statements executed by each of its first -tier and 3 second -tier subcontractors and shall obtain similar compliance by such subcontractors, before awarding subcontracts. No subcontract shall be awarded to any noncomplying subcontractor. Equal Opportunity Report Statement as Required in 41 CFR 60 -1.7 (b) 3 The Bidder shall complete the following statements by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of bid: 3 1. The Bidder has has not developed and has on file at each establishment affirmative action programs pursuant to 41 CFR 60 -1.40 and 41 CFR 60 -2. / 2. The Bidder has ✓ has not participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as amended. 3. The Bidder has , has not filed with the Joint Reporting Committee the 3 annual compliance report on Standard Form 100 (EEO) -1 Report). 4. The Bidder does ;/ does not employ fifty or more employees. S ATE VAV 63 ZA t i (Name of Bidder k � / / 1 S Dated: 7 By: � y I in a1-t i i -5 m, /11.. tr, GU t C E. 'F E 1.11 (Title) 1 BF -6 1 1 Bidder: MATE -{' b 1 CERTIFICATION OF NON - SEGREGATED FACILITIES 1 (Must be completed and submitted with the Bid) The Bidder certifies that it does not maintain or provide for its employees any 1 segregated facilities at any of its establishments, and that it does not permit its employees to perform their services on any location under its control, where segregated facilities are maintained. The Bidder certifies further that it will not maintain or provide for its employees segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The Bidder 1 agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, 1 drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of 1 habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that it will retain such certification in its files. 1 S t t (_0! < .:> 1 (Name of Bidder) 1 _ By: rY) 01W' ; . 5s r tTN Date: Ak,v rz. 17, ictag Title: Y *= (). r"vE Vic 1 1 1 BF -7 I 1 Bidder: '51 Y1,kiIr: 1(- CORFI V IcryCir J MINORITY BUSINESS ENTERPRISE DATA (Must be completed and submitted with the Bid) Contractor's Required Submission. Each prospective Contractor shall complete and include, in his Bid, the following proposed MBE subcontract work. Prior to award of the Contract under this solicitation, the prospective Contractor shall confirm efforts made, to the best of the Contractor's ability, to obtain MBE subcontract participation in this Contract and shall submit the following information concerning proposed and final MBE participation in the Contract. MINORITY SUBCONTRACTS Minority Subcontractors Subcontract Dollar Value of Names and Addresses Work Item Subcontract Work 3 1 /P 4 — to? - S-/ 4 /J - D 0 � 4 & k u tf ,T,A,,• `` 1 z )Y 31 Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid - Q 5 E6 II Percent of Total ( 1 J % WOMEN SUBCONTRACTS 1 Women Subcontractors Subcontract Dollar Value of Names and Addresses Work Item Subcontract Work og k C SAO Conk 1k...tN /ac- L - / 0) - 5 (1 ( 0 V -- .7/ dfwi f (. � 4 C/ 31 w 31 Total Dollar Value of Subcontract W k ( 600 Total Dollar Value of Basic Bid / 6 q ;S{( 7 .:,' Percent of Total (0 . % 1 BF - 8 1 • 1 Bidder: - f › -rA! E _ LIST OF PROPOSED NON -MBE SUBCONTRACTORS 1 (Must be completed and submitted with the Bid) ' Responsible for: L e - z 7A 4 C6' ' la 41 &Co /1 &1i/�'w Name: 70lc7 C A/ c'T- Q- C_, i i✓L 1 Address: 744 7 I/2 t owv /h.- - /OWL & ,4_ J 2- 1 Responsible for: Name: 1 Address: 1 Responsible for: Name: 1 Address: LIST OF PROPOSED NON -MBE SUPPLIERS (Must be completed and submitted with the Bid) 1 Responsible for: 1 Name: Address: 1 Responsible for: 1 Name: Address: Responsible for: 1 Name: r, Address: 1 BF -9. 3 1 Bidder: 1-x l .' ,/\\/)• ,\ 6 6 fr i j (, .+ MINORITY BUSINESS UNAVAILABILITY CERTIFICATION (Must be completed and submitted with the Bid for each unavailable MBE contracted) I • Name of Officer Title of , certify that on I contacted the following minority contractor Date to obtain a bid for the following work to be performed on: Forms of Bid Sought Minority Contractor Type of Work (Unit Prices, etc.) 3 3 To the best of my knowledge and belief, said minority contractor was unavailable (exclusive of unavailability due to lack of agreement on price) for work on this project, or unable to prepare a bid for the following reason(s): Signature: Date: ssssss 1 , , of 3 (Name) (Minority Company Name) was offered an opportunity to bid on the above - identified work on 3 (date) by 3 The above statement is a true and accurate account of why I did not submit a bid on the project. 3 Signature: Date: • r Title: BF -10 . 3 1 INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY 1 (This form need not be filled in if all joint venture firms are minority owned.) 1 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture ' 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Exhibit "B" to the Instructions to Bidders.) 1 1 (a) Describe the role of the MBE firm in the joint venture. 1 (b) Describe very briefly the experience and business qualifications of each 1 non -MBE joint venturer. 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of the MBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided in question 6.) (a) Profit and loss sharing (b) Capital contributions, including equipment (c) Other applicable ownership interests 9. Control of and participation in this contract. Identify by name, race, sex and "firm" those individuals (and their titles) who are responsible for day -to -day management and policy decision - making, including, but not limited to, those with prime responsibility for: (a) Financial decisions BF - 11 1 1 (b) Management decisions, such as: 1) Estimating 2) Marketing and sales 3 3) Hiring and firing of management personnel 4) Purchasing of major items or supplies (c) Supervision of field operations 1 NOTE: If, after filing this disclosure and before the completion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the Owner, either directly or through the Bidder if the joint venture is a subcontractor. 3 1 1 3 3 1 1 BF - 12 1 AFFIDAVIT ill The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of I our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the Owner current, complete and accurate information regarding actual joint venture work and I the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files • of the joint venture, or those of each joint venturer relevant to the joint venture, by I authorized representatives of the Owner or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements. 1 1 Name of Firm Name of Firm 1 Signature Signature • 1 Name Name 1 Title Title , Date Date 1 1 1 i 1 1 1 i 1 BF - 13 1 1 AFFIDAVIT (Continued) Date State of County of On this day of , 19 me appeared (name) , to be personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was 3 properly authorized by (name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission Expires (Seal) 1 Date State of County of On this day of , 19_, before me appeared (name) , to be personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission Expires 1 (Seal) 1 1 BF - 14 1 1 BID BOND 1 KNOW ALL MEN BY THES pgESE�TS, that we, the undersigned STATE PAVING KP�HAil�n , as Principal, and I SEABOARD SURETY COMPANY , as Surety, are held and firmly bound into Monroe County, Florida, hereinafter called the "Owner", in the Penal Sum of TEN PERCENT OF ACCOMPANYING Ran I DOLLARS ($ ) for the payment of which, well and truly to be made we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns firmly be these presents. 1 SIGNED THIS DAY OF NOV 17 1988 , • The condition of the above obligation is such that whereas the Principal has I submitted to the Owner a certain Bid, attached hereto and made a part hereof, to enter into a Contract in writing for: Construct New 36 Inch Rotating Beacon, Key West International Airport. I NOW THEREFORE, a) if said Bid shall be rejected, or 1 b) if ninety (90) days expire from the time and date fixed for opening of Bids before Notice of Intent to Award the Contract is given to Principal, or I c) if Notice of Intent to Award the Contract is given to the Principal and the Principal shall, within ten (10) calendar days of the date of the Notice of Intent to Award the Contract, execute and deliver a Contract in the from I of Contract Agreement contained in the Contract Documents, properly completed in accordance with the Instructions to Bidders, and shall furnish a Performance Bond for its faithful performance of the Contract, and a I Payment Bond for the payment of all persons performing labor or furnishing materials or supplies in connection therewith, in the forms contained in the Contract Documents and shall provide satisfactory I evidence of all required insurance coverage and shall provide evidence satisfactory to the Owner of the authority of the person or persons executing the Contract and all other documents on its behalf and shall provide the statements, certifications and data relating to Equal I Employment Opportunity, Non - Segregated Facilities and Minority Business Enterprise identified in the Instructions to Bidders and shall in all other respects perform its obligations pursuant to the terms of the Bid, I then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the Penal Sum I of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations I of said Surety and its Bond shall be in no way impaired or affected by an extension of the, time within which the Owner may provide Notice of Intent to Award the Contract or within which the Principal or the Owner may execute, deliver, furnish, provide or 1 BB - 1 1 perform its obligations and the Surety does hereby waive notice of any such i extensions. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals _ to be hereto affixed and these presents to be signed by their proper officers, on the day and year first set forth above. Signed, sealed and delivered -- in the prese e. of: ,,,,,, A./„.. - • .s 7 , . . '7 - 3 STATE PAVING CORPORATION _ Principal di 1� By: --' (Name a d Title) 3 (SEAL) I n' -4 '( Y i'; . SI'Y,' /711. 3 4f \ ✓� i i /' (Countersignature of Florida Resident Agent) SEABOARD SURETY COMPANY Surety / 3 By: -' 2 L /!J✓ r (Name and Title) 3 (SEAL) /.. s iy. ILS ATTORNEY- IN -FACT 3 - Note: If Principal or Surety are corporations, the respective corporate seals should be affixed and attached. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. ] 1 k 1 BB -2 t�~. J J f I ' STATE OF FLORIDA DEPARTMENT OF INSURANCE AND TREAT `ER TALLAHASSEE, FLORIDA s�: . THIS IS TO CERTIFY THAT: ~ 4 C , JAMES HENRY MATERS I I 2600 DOUGLAS ROAD CORAL GABEL.S FLORIDA 33134 I IS LICENSED AS A GENERAL LINES AGENT (PROPERTY, CASUALTY, S AND MISCELLANEOUS LINES) TO REPRESENT I SEA9OARD SURETY COMPANY BURNT MILLS ROAD & ROUTE 206 BEDMINSTER, NJ 07921 1 Aive; • • 7 ' 4 .47 — INSURANCE COMMISSII' ' ISSUE DATE TYPE CLASS OVNT 4,. ` ' • 4 • 094 3 03 31 = • TREASURER AND STAT LICENSE OR PERMIT NUMBER APPLICATION TAXES & FEES COMPANY EXPIRATION CODE DATE FIRE MARSHAL 1 e 1 1 1 1 111 I 1 • • 1 ...01..11...1.• ablatrIbiallifbbiallONILININIIIIIMialiA ir , Bidder: .- /l-‘ , 1 t. 1 - /!t - . '01 -. ? • CERTIFICATE AS TO CORPORATE PRINCIPAL ASS � � 1, 't�� i- . ! - : r , cer tify that I am the of the corporation named as Principal in the foregoing Bid Bond; that f imril v %► . , ,)?'"7 1 - , who signed the said Bond on behalf of the Principal was then x ::;(:.t',�i . J , - 4 c '1? t r'1 f �' of said corporation; that I know (his, her) signature, and (his, her) signature thereto is genuine, and that said Bond was duly signed, sealed and II attested for and in behalf of said corporation by authority of its governing body. A - 74 ,i-.c..` < ,[._ ` ` y (. n�7( 4 (,,J•;j- ice.-,I <•, , '(Corporate Sea c1 s T Secretary le •J 1 II STATE OF 1 ,G \ 0 COUNTY OF 014u-, A 1 li Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 1-wA' S i . vJ R' k 2S , to me well known, who being by me first duly sworn _upon oath says that (he, she) is the attorney -in -fact for the SEABOARD SURETY COMPANY and that (he, she) has been authorized by 111 POWFR nr eTTURNne ATFArucn to execute the foregoing Bid Bond on behalf of the rin t med therein in favor of the Owner. Subscribed and sworn to before me this day of NOV 17 1988 , • ,V , ..../ - N — Public, Sta of _-,' t, '� f- My Commission Expires:. rotor., Pubic, :;to or . ier II My Cc:nniss o- FE : ;;ir. =s Sept. 22, 1992 Bondvo ,..ru Frauk D. H.:11 li : I/ BB -3 "„ ;,Ny SEABOARD SUR$TY COMPANY WW 3 2 51 No. 1598 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Kenneth D. Gathings or Marvin Haven or Donald A. Kaplan or John K. Pepper or Kaaren Reagan or James H. Waters or Evanthia Quesada or Barbara Tysinger 3 of Coral Gables, Florida its true and lawful Attorney - in - Fact, to make, execute and deliver on its behalf Insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Ar and all bonds, undertakings, recognizances and other t obligations in the nature thereof; and any all consents required by the Dept. of Transports r. State of Florida, incident to the release of retained percentages and /or final estimates. Without Limitations. This power of Attorney will remain in full force and effort as to the lit Fsr La t �livered to the City Attorney of For Lauderdale, by u1: 1 nsu an p ;es, surety nds, un ertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: - Policies, bonds, recognizances, stipulations, consents of , Insurance policies, bonds, recognizances, stipulations, consents o surety and underwriting undertakings o f the CCo releases, agreements and other writings relating in any way thereto or to any claim or Toss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice - President ora Resident Vice- President and by the Secretary, an Assistant Secretary. a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice - President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attomey -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ...16.th 3 day of .August , 19 85.. �_' * % Attest: - SEABOARD SURETY COMPANY, (� 1921 • � pp A � a � e-LCzo z Assistant Secretary "�� STATE OF NEW JERSEY Vice-President 3 COUNTY OF SOMERSET RSA ss.: On this day of August , 19 85 b efore me Michael B. Keegan personally appeared a Vice - President of SEABOARD SURETY COMPANY, , ji with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of Ner"► Jersey that he is a Vice - President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixtad to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company.; and that h 'signed his name thereto as Vice - President of • said Company by like authority. FELICE M. CATALANO - (Seal) NOTARY PUBLIC OF NEW JERSEY My Commission Exp. dune 4, 1991 C E R T 1 F 1 C A T F Notary Public 31 !, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice - President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of This Certificate may be signed and seated by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice - President pursuant to Article VII. Section t, of the By -Laws appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been rnanually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this <uerr or . ** r c day of A 1-7 �i 19 1927 'Nu f� tool ' 4. r t / e t ant ay Is 'stun 95 r 84) For verification of the authentLity of this Power of Attorney you may call, collect, 212 -943 -7440 and ask for the Power of Attorney lerk Please ref,--, o 0.- P- . of Attor ^e; r'urr)e- •ho , r ( earned rnd,v"= - and r)eta•`> t, _ . u,r Y a... t r 1 CONTRACT AGREEMENT 4. THIS AGREEMENT made and entered into this if 44 day of (..)--)- )6,0,- , in the year 19 a, by and between Monroe County, Florida, as party of the First part, hereinafter called the Owner, and 9T4T'2_ Pei,/ i 4c, Co29021ATto 1.1 1 , Party of the Second Part, hereinafter called Contractor. WITNESSETH, that the Contractor, for and in consideration of the payments 1 hereinafter specified and agreed to be made by the Owner, hereby covenants and agrees to procure, furnish and deliver all of the materials and supplies within ( ) Calendar Days and to do and perform all of the work and labor required to Construct New 36" Rotating Beacon and 51 -Foot Tower at the Marathon Airport and ' complete the Work within a construction time of sixty (60) Calendar Days, in conformity with the Plans, Specifications and all other Contract Documents on file at the Office of the Director of Airports, Key West, Florida, which Plans, Specifications 1 and other Contract Documents are incorporated herein and made a part of this Agreement with the same effect as if they had been set forth fully in the body of this Agreement. 1 The Contractor agrees to make payment of all proper charges for labor, materials, supplies and services required in the aforementioned work, and to defend, 1 indemnify, and save harmless the Owner and all their members, officers, agents, employees and servants, and each and every one of them, against and from all suits and costs of every kind and description, and against and from all damages to which the Owner or any of its members, officers, agents, employees or servants may be put, by 1 reason of injury to the persons or property of others resulting from the performance of the Work, or through the Negligence of the Contractor, or through any improper or defective machinery, implements or appliances used by the Contractor in the Work or ' through any act or omission on the part of the Contractor, its agents, employees, servants or any other person or entity for whom the Contractor is responsible. If the Contractor shall fail to comply with any of the terms, conditions, provisions, or stipulations of this Contract, according to the true intent and meaning thereof, then the Owner may avail itself of any or all remedies provided in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. It is also understood and agreed that the acceptance of final payment by the Contractor shall be considered as a release in full of all claims against the Owner or 1 any of its members, officers, agents, employees or servants directly or indirectly arising out of, or by reason of, the work or labor performed or the materials, services or supplies furnished under this Contract. In consideration of the premises, the Owner will pay to the Contractor for the !. said Work, when fully completed, the Total Contract Price of si witih 7�oUS�vIvn Sir hvti,o�e.�o .E 7;{ .5"./x Air) - ° /i - a--- L DOLLARS ' ($ !e 9 G 13 . 3.0 ) subject to such additions and deductions as provided for in the Contract Documents. Payments shall be made at the unit prices and /or lump sums specified for the various Bid Items in the Contractor's Schedule of Prices Bid, as 1 provided for and upon the terms set forth in the Contract Documents. It is understood that the total amount to be paid shall be based on the said unit prices and /or lump sums contained in said Schedule of Prices Bid and made a part of this Agreement for the work actually completed in accordance with the Contract Documents. CA -1 3 Unless otherwise declared in an addendum hereto, Contractor warrants to Owner that no member, officer or employee of the Owner has any material interest (as defined in Section 112.312 (1), Florida Statutes), either directly or indirectly, in the business of the Contractor to be conducted hereunder, and that no such person shall have any such interest at any time during the term hereof. This Contract shall be binding upon the Owner, its successor or successors, and upon the Contractor and its heirs, executors, administrators, successors and assigns, and is voidable and may be terminated by the Owner, in accordance with the provisions of the Contract Documents which are made a part of this Agreement, or if the provisions of the statutes relative thereto are not complied with. 1 3 3 3 3 3 3 3 3 1 3 CA -2 1 1 (Use this page if the Contractor is a Corporation) I IN WITNESS WHEREOF, the said Monroe County, Florida, has caused this Contract to be executed in its name by 6 "c�Jagk: ft• and has caused the seal of said Owner to be hereto attached; and the said party of the Second Part has caused I this Contract to be executed in its name by Timor-w M. SMrr#, i rZES'Ld , attested by Pon4JA C- -CA EL.).,. ASST- ScT"Ly - , and has caused the seal of said corporation to be hereunto attached, all on the day and year first above written. 1 • Signed, sealed and delivered 1 in the presence of: 1 1 As to party of the First Part Monroe ounty, Florida By: /� %%� ie2,49#41fed' . I 4PARG c $ v FORM A,`:D LEC L 'U - fi1C /ENCK BY AT T ESTS KOLHAGE, Clerk I Attorney's B 4°/ ,z By _ , ■ 1 / CORPORATION L. A i : / Aa<AANr SG PAVING; I,OIY 1 As to arty of the Second Pa t 1 By: T1MOTNY M SM1 tF T 1 ATTEST: BY4f & (Party of the Second Part) _ ; I Dom /A L., c.teEZA s's►sToNT Six Q. e,V 1 1 CA -3 1 (Use this page if the Contractor is a Partnership or an Individual) 1 IN WITNESS WHEREOF, the said Monroe County, Florida, has caused this Contract to be executed in its name by the and . has caused the seal of said Owner to be hereto attached; and the said party of the Second Part has hereunto set hand and seal all on the day and year first above written. Signed, sealed and delivered 3 in the presence of: As to party of the First Part 3 Monroe County, Florida By: 1 ATTEST: By: 1 As to party of the Second Part (SEAL) 3 (SEAL) (SEAL) (SEAL) (Party of the Second Part) 1 1 1 1 CA -4 1 1 1 PAYMENT BOND FORM MONROE COUNTY, FLORIDA 1 KNOW ALL MEN BY THESE PRESENTS that ff e ci C , I hereinafter called Principal, and S , a corporation organized under the laws of the St to of q„ ,,k, , having its home office in the City cOziei b- A/ (7 and licensed to do business i n the State of I Florida, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, hereinafter called Owner, forte us and benefit o claimants as hereinbelow defined in the Penal Sum of fi , ifit 1) ffca� -0 We - DOLLARS ( $ 6 , 6 1 6 , 3 ) for the payment of which s m * ell and truly to be made, I Principal and Surety bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated e nter , 19 _ d into a contract with Owner for 1 Sri `' 4z r e-Qsi -, in accordance with the Contract Documents whic are incorporated I herein b reference and made a part hereof, and are herein referred to as the Contract. 4 WHEREAS, Surety is authorized to do business in the State of Florida. I NOW, THEREFORE, the condition of this obligation is such that if Principal shall I promptly make payments to all claimants as defined in Section 255.05(1), Florida I 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, q then this obligation shall be void; otherwise, it shall remain in full force and effect I subject, however, to the following conditions: 1. This bond is furnished for the sole ur ose of complying with the P P requirements of Section 255.05, Florida Statutes. I 2. It is a specific condition of this bond that a claimant's right of action on the bond is limited to the provisions of Section 255.05, Florida Statutes, including, I but not limited to, the one -year time limitation within which suits may be brought. Therefore, a claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials or supplies shall, I within fourth -five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor I and who has not received payment for his labor, materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the I performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the 1 performance of the labor or completion of the delivery of the materials or supplies. 3. The Surety's obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into PB -1 1 by Owner and Principal without the Surety's knowledge or consent, (ii) waivers of 1 compliance with or any default under the Contract granted by Owner to Principal without the Surety's knowledge or consent, (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding, or (iv) any other action taken by Owner or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. 4. Any changes in or under the Contract Documents (which include the 1 Plans, Drawings and Specifications) and compliance or noncompliance with any formalities connected with .t111 Contractor the changes therein shall affect Surety's obligations linden ''this Bond- and' Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this Bond shall increase or decrease in accordance with the approved changes or other modifications to the Contract Documents. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on this 3 day of February , _q_q , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered Sn {4 in) 0 - Co RPo 0 - 0 N in the presence of: Principal By: ,'� `, (Name and ) Ti ) _ ��r.. /.� �� TI M01 - 1+Y M � A %{ 2 sto2. �J i 3 ■• ' < Cwt. ( `1' Surety _ - -dow ( By: ei- /1/2/ OPMNI, w ` I !4'. (Name and Title) ► � (SEAL) , q (Z 3 411 dm ozi(D (Countersignature of Florida Resident Agent) Note: If Principal or Surety are corporations, the respective corporate seals should be affixed and attached. Attach a certified copy of Power -of- Attorney appointing individual Attorney -in- Fact for execution of Payment Bond on behalf of Surety. 1 1 PB - 2 1 1 Bidder: STATE PAVING CORPORAI1O1t CERTIFICATE AS TO CORPORATE PRINCIPAL 1 r p.SS3 STA PI ', pj3 E , certify that I am the Secretary of the ' corporation named as Principal in the foregoing Performance and Payment Bonds; that 7 1 MbTt-f `i t - S M t T'+ who signed the said Bond on behalf of the Principal was then p,zs 0;2. of said corporation; that I know ' (his, her) signature, and (his, her) signature thereto is genuine, and that said Bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. SATE PAVING CORPORATIDN pL-,4-,LA__?;1 seersoary bo?aua i. • "ke4 Asst' AL)T st(- Seal) 1 ' Attach a Certificate of Insurance and /or Policy Binder indicating that Contractor has obtained Contractor's Liability and other required insurance. 1 Attach a Certificate of Insurance and /or Policy Binder indicating that Contractor has obtained the required Owner's Protection Liability Insurance. 1 1 1 1 1 1 i 1 PB -3 1 -�� —` -/ sue 5�'e � '�� 7� =' o:�� - i = i 'ti - - ip � - l � =i �r� %• � �° � c _- _ �_ ��c .�•�a`� >_ _.� ��._._�_� _r�;`��t � -�� \- �!�� "•- `i' �/'� �-- • L�..L_ - `�... .�_ � _ ' . ._ � •-`s• _ - _ - . ht� . _;.�.— `c��• < ` -�•��- i - _ :��• _ - � :`� }- � 2' �i ^.= = ;:.�`/- -- _ ,i�_� _�� •� ° ��" - ' ° mac -" - � :�:`�'_a`�:= =. : ::= _..�.. �� ._ .... - - �� •_i-.;^"Y�;-- 1�`� ^`ii`11��i em �� =��:-� � _. -•,� •: � G =s: - mss._ __- -` _ — ------------------ _- i `_� - mac_ � � •c��.�` __ �1 _ _ _ _ !tee c ^a_ �i� �ti_�� i��`��t�_ '•_. _. �.�`l�l��_�.- .� \`I ^` Z� ��`i'' "� = =ter' ' - - _ _ �r _ a te. � ;.. �r�%'n�' _�� -��-. ;�: :: r_;. - _ �- a _ ms `s :: • - = _. -`� - _- _ -�` -- _ .ice_ =`��/ vim- �..�j✓ _�_._ ^�'��_ _`� =�`;•� `V ^, .... s :�;,_�5•;:_: : :f_. -., _. .r_�_• -c,: .. a .�:.�- T •s=.•• -. �.._;'- •_-�5- __ ..�� \��_ _ 'TSe:��:. ._. ., s mil � `i '� -= �°�._ -= `�.: .::�� ..::��= •-_ °� %_ : � - Z� �' y � �_ / - — _ - S_ � -- ---• �--� `y am - ' - I��r�� -� � �_ `� = _� � -_ _ _ may.. l For verification of the authenticity of this Power of Attorney you may call, collect, 201 -658 -3500 and ask for the Power of Attorney clerk. Please refer to the Power 1 PERFORMANCE BOND FORM MONROE COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS that £ fele /6-1/14 hereinafter called Principal, and -F-a-G-oz. fire- C�rJ�aw7 , a corporation organized under the laws of t State df cb and licensed to do business in the State of Florida, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, hereinafter called Owner, in the Penal Sum ' of �ct� u S 1 � -� � Ec � - h� o DOLLARS ('$4 ) for the payment of which sum well and truly to be made, Principal and Stfrety bind ourselves, our heirs, personal representatives, successors and 1 assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 19 entered into a contract with Owner for rsi'1 A. wr - ti in accordance with the Contract Docum nts which are incorporated herein by reference and made a part hereof, and are herein referred to as the Contract. WHEREAS, Surety is authorized to do business in the State of Florida. NOW, THEREFORE, the condition of this obligation is such that if Principal: ' 1. Promptly and faithfully performs the Contract including, but not limited to, its warranty provisions in the time and manner prescribed in the Contract, ' and 2. Pays Owner all losses, damages (liquidated or actual), expenses, costs and attorneys' fees, including appellate proceedings, that Owner sustains resulting 1 directly or indirectly from any breach or default by principal under the Contract, and 3. Pays Owner all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that the Owner sustains resulting directly or indirectly from conduct of the Principal including, but not limited to, want of care or skill, negligence, patent infringement, or intentionally wrongful conduct on the part of ' the Principal, its officers, agents, employees or any other person or entity for whom the Principal is responsible, then this bond is void; otherwise it shall remain in full force and effect. 1 In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Contract during the period in which this Performance Bond is in effect, the Surety shall remain liable to the Owner for all such loss or damage (including reasonable attorney's fees) resulting from any failure to perform up to the amount of the Penal Sum. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the owner harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees for all trial and appellate proceedings resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. PG - 1 1 The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Owner's pursuit of its remedies against principal, and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into by Owner and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Contract granted by Owner to Principal without the Surety's knowledge or consent, (Hi) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy. Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding, or (iv) any other action taken by Owner or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. ■ The institution of suit upon this Bond is subject to not less than a four -year and not more than a five -year limitations period in accordance with Section 95.11, Florida Statutes. Any changes in or under the Contract Documents (which include the Plans, 1 Drawings and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or other modifications to the Contract Documents. 1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on this day of , , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to authority of its governing body. 1 1 1 PG -2 1 1 1 1 Signed, sealed and delivered ,S{M (I4-v/ WO- Cm 1 (v ki 1 in the presence of: Principal �� By: / —/� 1 (Official Title) T Mc my 1..t. son, CT4> , ems vca.7T I (SEAL) 111 By:1 Milel/t- 1 . ,- (Official Title) �(S A 1 (SEAL) 1 1 1 (Countersignature of Florida Resident Agent) 1 Note: If Principal or Surety are corporations, the respective corporate seals Y P P P should be affixed and attached. 1 Attach a certified copy of Power -of- Attorney appointing individual Attorney -in- Fact for execution of Payment Bond on behalf of Surety. 1 1 1 1 PG -3 ■ CORPORATION STATE PAVING ( -� R Bidder: 1 CERTIFICATE AS TO CORPORATE PRINCIPAL -MC AssisTA& r I, Dcwo Ora ` cc+ - - , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bonds; that Ti Nei r '- t , g vv‘, rt who signed the said Bond on behalf of the Principal was then 7 of said corporation; that I know (his, her) signature, and (his, her) signature thereto is genuine, and that said Bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE PAVING CORPORATION 1 orporate Seal) Attach a Certificate of Insurance and /or Policy Binder indicating that Contractor has obtained Contractor's Liability and other required insurance. Attach a Certificate of Insurance and /or Policy Binder 3 indicating that Contractor has obtained the required Owner's Protection Liability Insurance. 3 3 t 1 PG -4 1 1 1 NOTICE OF INTENT TO AWARD DATE: TO: 1 PROJECT: ' The Owner has reviewed the Bid submitted by you for the above described work in response to its Advertisement for Bids dated , and Instructions to Bidders. 1 You are hereby notified` that your Bid is being considered for acceptance for in the Total Amount of $ , subject to the availability of FAA funds. You are required by the Instructions to Bidders to execute the enclosed six (6) copies of the Contract Documents and furnish the required Contractor's Performance Bond, Payment Bond, evidences of all required insurance coverage and authority to execute plus satisfactory evidence of compliance with the Bid Conditions pertaining to the Minority Business Enterprise Program within ten (10) calendar days from the date of this Notice to you. ' If you fail to execute said Contract Documents and to furnish said Bonds and other required documents and information within ten (10) calendar days from the date ' of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. 1 You are required to return an acknowledged copy of this Notice of Intent to Award to the Owner. 1 Dated this day of , 19 Monroe County, Florida 1 Owner By: 1 Director of Airports ACCEPTANCE OF NOTICE ' Receipt of the above Notice of Intent to Award is hereby acknowledged by I this the 19 1 By: Title: NIA - 1 1 3 NOTICE TO PROCURE DATE: TO: PROJECT: Yo u ar e hereby given notice to commence procurement of materials in accordance y gi P with the Contract Agreement dated , 19 All materials necessary for the completion of the work shall be stored on the site and/or immediately available for installation in place within j calendar days of this Notice to Procure, unless extension has been granted by Owner in writing. You are required to return an acknowledged copy of this Notice to Procure to the Owner. Monroe County, Florida Owner By: Director of Airports 3 ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by this the day of , 19 By: Title: 1 1 NP -1 1 1 NOTICE TO PROCEED 1 DATE: TO: ' PROJECT: 1 You are hereby given notice to commence Work in accordance with the Contract Agreement dated , 19_, on or before , 19_, and ' you are to complete the Work within sixty (60) consecutive calendar days thereafter. The date of completion of all Work is therefore , 19_. You are required to return an acknowledged copy of this Notice to Proceed to the Owner. Monroe County, Florida ' Owner By: 1 Director of Airports 1 ACCEPTANCE OF NOTICE Receipt of the above Notice to 1 Proceed is hereby acknowledged by this the day of , 19_ By: Title: 1 1 1 1 1 NTP - 1 1 1 FINAL RELEASE OF LIEN MONROE COUNTY KNOW ALL MEN BY THESE PRESENTS, that the undersigned for and in ' consideration of the payment of sum of DOLLARS ($ ), paid by Monroe County, Florida, hereinafter referred to as "Owner ", receipt of which is hereby acknowledged as total and complete ' compensation for performance of the below- described Contract, does hereby fully and completely discharge and release the owner from and waives any and all debts, accounts, promises, damages, liens, encumbrances, causes of action, suits, bonds, judgments, claims and demands whatsoever, in law or in equity, which the undersigned ever had, now has or might hereafter have on account of labor performed, material furnished or services rendered, directly or indirectly, for the Contract between the parties dated , 19 known as 1 except for those claims, disputes and other matters arising out of or relating to said Contract which have been raised by written demand in accordance ' with the Contract Documents prior to this data and identified by the Contractor as unsettled in the final Application for Payment and are either in arbitration or court litigation, as the case may be, in accordance with the Contract Documents. 1 The undersigned further covenants that subcontractors, suppliers and materialmen, and any or all other persons supplying materials, supplies, service or labor used directly or indirectly in the prosecution of the work provided for in the Contract, have been paid in full for all work under this Contract. The undersigned shall maintain in full force and effect the provisions of the Contract Documents respecting the guaranty against defective work, and any other ' special guaranties required by the Contract Documents, for the terms provided in the Contract Documents, which terms shall begin to run from the date specified in the Contract Documents. ' The undersigned represents and warrants that the statements contained in the foregoing Release are true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 19 ' WITNESSES: CONTRACTOR By: Title: ' STATE OF COUNTY OF Sworn to and subscribed before me this day of , 19 NOTARY PUBLIC 1 (NOTARIAL SEAL) My Commission Expires: FRL - 1 1 II APPENDIX PART 1 - WAGE AND LABOR REQUIREMENTS II a. Minimum Wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without II subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR ?art 3)), the full amount of wages and bona fide fringe benefits (or 1 cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and I mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provi- sions of subparagraph a.(4) below; also, regular contributions made or costs ;recurred for more than a weekly period (but not less often than quarterly) under :fans, funds, or programs which over the particular weekly period, are deemed to II be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics I performing work in more than one classification may be compensated at the rate spec {ified for each classification. for the time actually worked therein: ?rovidec, That the employer's payroll records accurately set forth the time spent in each I classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this section) and the Davis -Sacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at :he site of the work in a prominent and accessible place I where it can easily be seen by the workers. (2) (i) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be I employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have 1 " -een net: (A) The work to be performed by the classification requested :s not performed by a classification in the wage determination; and I (3) The classification is utilized in the area by the construc- tion industry; and (C) The proposed wage rate, including any bona fide fringe I benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if 'known), or their representatives, and the contracting I officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and our Division, I employment Standards administration, J.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (Approved by the Office of Management and 3udget under OMB control number 1215 - 0140.) II (iii) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall. 1 refer the questions, including the views of all interested parties and the recom- AP1 -1 mendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (approved by the Office of Management and Budget under OMB control number 1215- 0140.) - -- (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe bene- fits under a plan or program, Provided, That the Secretary of Labor has found, upon II the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the " plan or program. (Approved by the Office of Management and Budget under OMB control number 1215 - 0140.) b. Withholding. The FAA or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor wit .old or cause to be 'withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is head by the same prime contractor, so much of the accrued payments or advances as may be con - sidered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions wade and actual wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. II Contractors employing apprentices or trainees under approved programs shall main- tain written evidence of the registration of apprenticeship programs and cer- AP1-2 ' t e programs, the registration of the a tification of trainee p grams, gi apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by I the Office of Management and Budget under OMB control numbers 1215 -0140 and 1215 0017.) (2) (i) The contractor shall submit weekly for each week in which any I contract work is performed a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the infor- mation required to be maintained under paragraph c(1) above. This information may II be submitted in any for desired. Optional Form. WH -347 is available for this pur- pose and may be purchased from the Superintendent of Documents (Federal Stock ;lumber 029 -005- 00014_1), U.S. Government Printing Office, Washington, D.C. 20402. II The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215 - 0149.) I (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall cer- ' tify the following: -- _ —_ - -- _ -_- (A) That the payroll for the payroll period contains the infor- mation required to be maintained under paragrah c(1) above and that such infor- ' oration is correct and complete; (3) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, II and that no deductions have been made either directly or indirectly from :he full wages earned, other than permissible deductions as set forth in Regulations 29 CFR ?art 3; - - ' (C That each laborer or mechanic has been paid not les t han t he applicable wage rates and fringe benefits or cash equivalents for the classifi- cation of work performed, as specified in the applicable wage determination incor- ' porated into the contract. _ __ (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional For 'WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this II section. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 II of Title 18 and Section 231 of Title 31 of the United States Code. (3) The contractor or subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying or transcription II by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor I fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or-owner, take such action as may be necessary to cause the suspension of any further payment, advance, I or guarantee of funds. Furtherore, failure to sumit the required records upon request or to make such records available may be grounds for debarment action pun- s uant to 29 CFR 5.12. • d. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to II and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Acimtnistration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by II the Bureau, or if a person is employed in his or her first 90 days of probationary AP1 -3 employment as an a apprentice in such an apprenticeship program, who is not PP PP individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classifi- cation of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rata specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the appren- ticeship program. If the apprenticeship program does not specifiy fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the 3ureau of Apprenticeship and "raining, or a State Apprenticeship Agency recognized by the 3ureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be 11 permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to jour- neymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees 811a1 be paid fringe benefits in accor- dance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,. trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program. associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determiniation for the classification of work actnal1y performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually per - formed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. i AP1 -4 1 II (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal I employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance With Copeland Act Requirements. The contractor shall comply II with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. f. Subcontracts. The contractor or subcontractor shall insert in any sub- ' contracts the clauses contained in paragraphs a. through j. of this contract and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be I responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the contract clauses in I paragraphs a. through j. of this clause and a. through e. of the second clause below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. I h. Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR ?arts 1, 3, and 5 are herein incorporated by reference in this contract. I i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR ?arts 5, 6 and 7. I Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives- !! j. Certification of Eligibility. (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's II firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm II ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. I Criminal Code, 18 U.S.C. 1001. _ _ _ 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in I LIP construction contracts in excess of $2,000 in addition to the clauses required by 29 CFR 5.5(a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. I a. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek II in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, whichever is greater. 1 b. Violation; Liability for Unpaid Wages; Liquidated Damages. I.n the event of any violation of the clause set forth in paragraph a. above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or AP1 -5 mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above. 0. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Adminiytration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth. in paragraph b. above. d. Subcontracts. The contractor or subcontractor shall insert in any sub- contracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcon- tracts. The prime contractor shall be responsible for compliance by any sub- contractor or lower tier subcontractor with the clauses set .forth in paragraphs a. through d. a. Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR ?art 1925) issued by the Department of :.abor. 3. In addition to the provisions in 1 and 2 above for contracts in excess of $2,000, the following is to be included in all contracts for work on airport — development projects involving labor: Veteran's ?reference. In the employment of labor (except in executive, administra- tive and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 11 1 11 1 1 AP1-6 1 Z - FL.- o 227 • :'lONROE COUNTY, FLORIDA BASIC FRINGE BUILDING CONSTRUCTION HOURLY BENEFITS 1 - RATES p 1 CARPENTERS $ 12.60 1.33 CEINT .`.;SONS 7.00 ' ELECTRIC IANS 8.40 .20+141 IRONWORKcRS 9.45 1.41 LABORERS, GENERAL • 5.00 P AS NTE RS 8.80 1.0 7 I PLUMBERS a PIPET:T=3S 9.50 PLASTERERS 8.10 ROOFERS 8.47 1 TRCCR DRIVERS WELDERS -- Receive :ate prescribed For craft to whici welding is 1 incidental • i Unlisted classifications needed for work not included within the I scope of the classifications Listed may be added after award only as provided in the Labor standards 1 contract clauses (29 C_'R, 3.3 (a) (1) (ii)). • 1 • 1 1 • 1 1 1 1 1 AP1 -6A PART II - EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246, AS AMENDED). 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; 1 c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central 1 or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and 3 (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a 1 Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate in compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, 1 AP1 -7 1 and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan 1 does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1 NOTICE TO CONTRACTORS WHO ARE SIGNATORIES TO A HOMETOWN PLAN 1 41 CFR 60 -4.5 Hometown Plans (a) A contractor participating, either individually or I through an association, in an approved Hometown Plan (including heavy highway affirmative action plans) shall comply with its affirmative action obligations under Executive Order I 11246 by complying with its obligations under the Plan: PROVIDED, That each contractor or subcontractor participating in an approved Plan is individually required to comply with the equal opportunity clause set forth in I 41 CFR 60 -1.4; to make a good faith effort to achieve the goals for each trade participating in the Plan in which it has employees; and that the overall good performance by other I contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan's goals and I timetables. If a contractor is not participating in an approved Hometown Plan it shall comply with the Specifications set forth in Section 60 -4.3 of this part and with the goals and timetables for the appropriate area as listed in the Notice required by I 41 CFR 60 -4.2 with regard to that trade. For the purposes of this part 60 -4, a contractor is not participating in a Hometown Plan for a particular trade if it: 1 (1) Ceases to be signatory to a Hometown Plan covering that trade; 1 (2) Is signatory to a Hometown Plan for that trade but is not party to a collective bargaining agreement for that trade; I (3) Is signatory to a Hometown Plan for that trade but is party to a collective bargaining agreement with labor I organizations which are not or cease to be signatories to the same Hometown Plan for that trade; I (4) Is signatory to a Hometown Plan for that trade and is party to a collective bargaining agreement with a labor organization for that trade but the two have not jointly executed a specific commitment to minority and female goals I and timetables and incorporated the commitment in the Hometown Plan for that trade; 1 AP1 -8 1 (5) Is participating in a Hometown Plan for that trade which is no longer acceptable to the Office of Federal Contract Compliance Programs; (6) Is signatory to a Hometown Plan for that trade but is party to a collective bargaining agreement with a labor organization for that trade and the labor organization and the contractor have failed to make a good faith effort to comply with their obligations under the Hometown Plan for that trade. (b) Contractors participating in Hometown Plans must 3 be able to demonstrate their participation and document their compliance with the provisions of the Hometown Plan. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set 3 forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7 The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance 3 with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as 3 extensive as the following: API - 9 1 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, ' where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of ' and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 111 b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the 1 Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. ' c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to ' each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. ' d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or ' woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contract efforts to meet its obligations. ' e. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee ' programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, ' annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where 1 construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees AP1 -10 1 having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools and minority and female students and to minority and female recruitment and training organization serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to 3 organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 1. Conduct, at least annually, an inventory and evaluation at least of minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 3 m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. AP1 - 11 1 1 1 p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. ' 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a ' through p). The efforts of a contractor association, joint contractor- union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program 1 are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. ' 9. A single goal for minorities and a separate single goal for women have been g g P g g established. The Contractor, however, is required to provide equal ' employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the ' Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goal for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). ' 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, 1 religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of ' these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as they may be imposed or ordered pursuant to Executive Order 11246, as ' amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and ' Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications shall implement specific affirmative action steps, at least as extensive as those ' standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of 1 AP1 -12 3 the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. CONTRACTOR CONTRACTUAL REQUIREMENTS. 3 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including 3 employment practices when the contract covers a program set forth in Appendix B of the regulations. 3. Solicitations for Subcontracts, including Procurement of Materials and Equipment. In all solicitations either by competitive bidding under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor's obligation under this contract and the ' Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain 1 AP1 - 13 1 1 1 compliance with such regulations, order, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shell set forth what efforts it has made to obtain the information. ' 5. Sanctions for Noncompliance. In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: ' a. Withholdin g payments of a ments to the contractor under the contract until the contractor complies, and /or b. Cancellation, termination, or suspension of the contract, in whole or in part. 1 6. Incorporation of Provisions. The contractor shall include the provisions of paragraph 1 through 5 in every subcontract, including procurements of ' materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor of the FAA may direct as a means of enforcing such provisions including sanctions for ' noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the ' sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 1 C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor, for itself, its assignees ' and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: 1. The contractor will not discriminate against any employee or applicant for 1 employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated without regard to their race, 1 color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay ' or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this ' nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 AP1 -14 1 1 3. The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice (see paragraph C) advising the labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order No. 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order No. 11246, as amended, of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, 3 or orders of the Secretary of Labor issued pursuant to Section 206 of Executive Order No. 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is 3 threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the 3 United States. D. NOTICES TO BE POSTED. The "Equal Employment Opportunity is the Law" poster is to be posted by the contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs (1) and (3) of the EEO clause. Copies of this poster will be furnished to contractors at the preconstruction conference. 1 1 AP1 - 15 1 E. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246, AS AMENDED). 1 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 1 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each 1 trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation for participation for ' Timetables each trade each trade (Until further Notice) 15.5% 6.9% 1 These goals are applicable to all the Contractor's construction work (whether or not it is Federal of federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. ' The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the ' goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the ' length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from ' Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. ' 3. The Contractor shall provide written notification to the Director of the office of Federal Contract Compliance Programs within 10 working days of ' award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the ' subcontractor; employer identification number of the subcontractors; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. ' 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Monroe and Dade Counties, Florida. 1 AP1 -16 1 3 F. REQUIRED REPORTS 3 1. Monthly Employment Utilization Report. File monthly with the U.S. Department of Labor, ESA /OFCCP Office of Federal Contract Compliance, Suite 500, 111 NW 183rd Street, Miami, Florida 33169, Telephone (305) 350 -5060, to reach that office by the fifth of each month, beginning with the effective date of the contract for the duration of the project, Monthly Employment Utilization Reports (Standard Form CC -257, 3 Rev. 9 -78) reflecting the prime contractor's and each subcontractor's aggregate workforce in each covered craft within the area and a one -time listing of all Federally- Funded or assisted contracts within the area by the 3 agency, contract number, location, dollar volume, percent completed, projected completion date, and a listing of all covered non - federal work. Monthly reports, thereafter, should only include a listing of new contracts 3 received and current contracts completed. 2. Annual EEO -1 Report. Contractor /subcontractor working on federally assisted airport construction projects are required to file annually, on or 3 before March 31 complete and accurate reports on Standard Form 100 (Employee Information Report, EEO -1). The first such report is required within 30 days after award unless the contractor /subcontractor has 3 submitted such a report within 12 months preceding the date of award (the FAA or Department of Labor OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Joint Reporting Committee, 1800 G. Street, N.W., Washington, 3 D.C. 20506. This report is required if a contractor or subcontractor meets all of the following conditions: 3 a. Nonexempt. Contractors /subcontractors are not exempt based on 41 CFR 60 -1.5, and b. Number of Employees. Has 50 or more employees, c. Contractor's Subcontractor. Is a prime contractor or first tier 3 subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60 -1.7. 3. Records. The FAA or Department of Labor OFCCP may require a contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. 3 3 3 AP1 - 17 1 1 1 EQUAL OPPORTUNITY REPORT STATEMENT ' Each bidder shall complete, sign and include in his Bid the Equal Opportunity Report Statement. A Bid shall be considered unresponsive and shall be rejected if it fails to include the Bidder's fully executed Statement or if the Bidder fails to furnish ' required data. When a determination has been made to award a Contract to a specific Contractor, such Contractor shall, prior to award, furnish such other pertinent information regarding his own employment policies and practices as well as those of his proposed subcontractors as the FAA, the Owner, or the Executive Vice Chairman of the President's Committee may require. The Bidder shall furnish similar Statements executed by each of his first -tier and ' second -tier subcontractors and shall obtain similar compliance by such subcontractors, before awarding such sub - contracts. No sub - contract shall be awarded to any non- complying subcontractor. Equal Opportunity Report Statement as Required at 41 CFR 60- 1.7(b) 1 The Bidder (Proposer) shall complete the following statements by checking the appropriate boxes. Failure to complete these blanks may be ground for rejection of bid: 1. The Bidder (Proposed) has has not developed and has on file at each establishment affirmative action programs pursuant to ' 41 CFR 60 - 1.40 and 41 CFR 60-2. 2. The Bidder (Proposed) has has not participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as amended. 3. The Bidder (Proposed) has has not filed with the Joint ' Reporting Committee the annual compliance report on Standard Form 100 (EEO -1 Report). 3. The Bidder (Proposed) does employees. does not employ fifty or more ' 1 (Name of Bidder) 1 Dated: By 1 Title 1 1 AP1 - 18 1 G. REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES 1. Notice to Prospective Federally Assisted Construction Contractors a. Certification of Nonsegregated Facilities must be submitted prior to 3 the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the 3 equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontractors exceed 3 $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 USC 1001. 3 2. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities a. A Certification of Nonsegregated Facilities must be submitted prior 3 to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. 3 b. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of this notice to 3 prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. 3 CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS OF APPLICANTS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) 3 3 3 3 3 3 AP1 - 19 1 CERTIFICATION OF NONSEGREGATED FACILITIES ' By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of this establishments, and that he does not permit his employees to perform their ' services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where ' segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means ' any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing ' facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor further agrees that (except where he has obtained identical certifications from ' proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity ' clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). 1 Signature ac Contractor Date Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in g P 18USC1001. 1 API -20 1 PART III - MISCELLANEOUS REQUIREMENTS A. CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS FOR ALL CONSTRUCTION CONTRACTS AND SUBCONTRACTS EXCEEDING $100,000. Contractors agree: 1. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. 3. That as a condition for award of a contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include in any subcontract which exceeds $100,000, the requirements of (1), (2), and (3) above. PART IV - REQUIREMENTS OF 49 CFR PART 23 A. MINORITY BUSINESS ENTERPRISE PROGRAM. 1. POLICY. It is the olic of the Department of Transportation that P Y P P minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the Minority Business Enterprise (MBE) requirements of 49 CFR Part 23 apply to this contract. 2. MBE OBLIGATION. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of this contract or subsequent subcontracts. In this regard, the contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform subcontracts. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract or subsequent subcontracts. 3. COMPLIANCE. All contractors, or subcontractors for this DOT assisted contracts are hereby notified that failure to carry out the DOT policy and the MBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract of such other remedy as deemed appropriate by the owner. AP1 -21 1 1 APPENDIX 2 BID CONDITIONS DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ' The following bid conditions apply to this Department of Transportation (DOT) assisted contract. Submission of a bid /proposal by a prospective contractor shall constitute full acceptance of these bid conditions. 1 1. Definition. Disadvantaged Business Enterprise (DBE) as used in this contract shall have the same meaning as defined in paragraph 23.549 CFR Part 23. ' 2. Policy. It is the policy of DOT that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with ' federal funds. Consequently, the DBE requirements of 49 CFR Part 23 apply to this contract. ' 3. DBE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard all contractors shall take all ' necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of ' race, color, national origin or sex in the award and performance of DOT assisted contracts. ' 4. Compliance. All bidders, potential contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT polity and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. 5. Subcontract Clause. All bidders and potential contractors hereby assure that ' they will include the above clauses in all subcontracts which offer further subcontracting opportunities. 6. Contract Award. Bidders are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted Contract. ' The owner proposed to award the contract to the lowest responsive and responsible bidder submitting a reasonable bid provided he has met the goals for DBE participation or, if failing to meet the goals, he has made an acceptable good faith effort to meet the established goals for DBE participation. Bidder is ' advised that the owner has sole authority to determine if the bidder has made sufficient effort toward meeting DBE goals to qualify for contract award. The owner reserves the right to reject any or all bids submitted. 7. Subcontract Goals. The attainment of the DBE goal established for this contract is to be measured as a percentage of the total dollar value of the contract. The goal established for this contract is derived as follows: AP2 -1 a. 5 percent to be performed by DBE's owned and operated by minorities. b. 2 percent to be performed by DBE's owned and operated by women. c. 0 percent to be performed by other DBE's. 8. Available DBE's. The owner has on file an DBE program which has been approved by the Federal Aviation Administration. This program contains a listing of DBE's (certified and uncertified). Bidders are encouraged to inspect this list to assist in locating DBE's for the work. Other DBE's may be added to the list in accordance with the owner's approved DBE program. Credit toward the DBE goals will not be counted unless the DBE to be used can be certified by the owner. 9. Contractor's Required Submission. Prior to award of the contract under this solicitation the prospective contractor must submit the following information concerning DBE participation in the contract. ETHNIC MINORITY SUBCONTRACTS Ethnic Subcontractors Subcontract Dollar Value of Names and Addresses Work Item Subcontract Work 3 Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Percent of Total % WOMEN SUBCONTRACTS Women Subcontractors Subcontract Dollar Value of Names and Addresses Work Item Subcontract Work 3 Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Percent of Total % OTHER DBE SUBCONTRACTS Other DBE Subcontractor Subcontract Dollar Value of Names and Addresses Work Item Subcontract Work 3 Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Percent of Total % If the contractor fails to meet the contract goals established in paragraph 7 above, information is to be submitted prior to contract award to assist the owner in determining whether or not the contractor made acceptable good faith efforts to meet the contract goals. Suggested guidance for use in determining if good faith efforts were made by a contractor are included in Appendix A to 49 CFR Part 23, Subpart 23.45(h) revised as of April 27, 1981. AP2 - 2 1 1 A list of the efforts that a contractor may make and the owner may use is making a determination as to the acceptability of a contractor's efforts to meet the goals as included in Appendix A are as follows: ' (1) Whether the contractor attended any pre - solicitation or pre -bid meetings that were scheduled by the recipient to inform DBE's of contracting and 1 subcontracting opportunities; (2) Whether the contractor advertised in general circulation, trade association, and minority -focus media concerning the subcontracting opportunities; (3) Whether the contractor provided written notice to a reasonable number of specific DBE's that their interest in the contract was being solicited, in 1 sufficient time to allow the DBE's to participate effectively; (4) Whether the contractor followed up initial solicitations of interest by ' contacting DBE's to determine with certainty whether the DBE's were interested; (5) Whether the contractor selected portions of work to be performed by DBE's ' in order to increase the likelihood of meeting the DBE goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); ' (6) Whether the contractor provided interested DBE's with adequate information about the plant, specifications and requirements of the contract; (7) Whether the contractor negotiated in good faith with interested DBE's, not rejecting DBE's as unqualified without sound reasons based on a thorough 1 investigation of their capabilities; (8) Whether the contractor made efforts to assist interest DBE's in obtaining ' bonding, lines of credit, or insurance required by the recipient or contractor, and ' (9) Whether the contractor effectively used the services of available minority community organizations; minority contractors' groups; local, state and Federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBE's. ' NOTE: The nine (9) items set forth above are merely suggested criteria and the owner may specify that you submit information on certain other actions a ' contractor took to secure DBE participation in an effort to meet the goals. A contractor may also submit to the owner other information on efforts it made to meet the goals. 10. Contractor Assurances. The bidder hereby assures that he will meet one of the following as appropriate: 1 a. The DBE participation goals as established in paragraph 7 above. b. The DBE participation percentage shown in paragraph 9 which was submitted as a condition of contract award. AP2 -3 1 1 Agreements between bidder /proposer and an DBE in which the DBE promises not to provide subcontracting quotations to other bidders /proposers are prohibited. The bidder shall make a good faith effort to replace an DBE subcontract that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the owner. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. 3 1 1 3 3 3 3 1 1 3 3 3 1 AP2 - 4 1 1 1 PROJECT SAFETY REQUIREMENTS 1 1.0 GENERAL The Contractor shall be solely and completely responsible for initiating and supervising I all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from I damage, injury, or loss. This section sets forth certain minimum requirements for airport safety applicable to this project, but does not limit in any way the Contractor's responsibility to initiate, maintain, and supervise all safety precautions and programs which are appropriate for the safe performance of the work. I The Contractor is cautioned that construction will impact safe operating conditions on the airport. All construction activity must be proven safe, regarding aircraft while I moored, when taxiing, or when taking off or landing. Aircraft taxiing or landing always have the right -of -way over ground vehicles. Aircraft safety and safety of 3 occupants and users is of utmost concern for the satisfactory execution of this contract. Of equal concern is the safety of all airport personnel, contractors, and I their personnel operating vehicles and equipment related to the construction project. Final instructions regarding operations on or near an active runway, taxiway or apron 1 shall be obtained form the Owner's Director of Airports prior to planning the work. The Contractor's field supervision shall be aware of and comply with basic project I safety requirements as identified in the following paragraphs of the General Conditions: 40 -05 Maintenance of Traffic I 70 -07 Public Convenience and Safety 70 -08 Barricades, Warning Signs and Hazard Markings 80 -04 Limitation of Operations I Reference is made to FAA Advisory Circular 150/5370 -2C, "Operational Safety on Airports During Construction." The project safety requirements set forth herein were I derived from this Advisory Circular, as applied to the proposed construction; however, the Contractor shall remain responsible for conformance with all FAA regulations pertinent to the work. In the event of any conflict between the General Conditions and the Project Safety Requirements, the Project Safety Requirements shall govern. I In the event of any conflict between the Project Safety Requirements and FAA regulations, the FAA regulations shall govern. I In no case shall the Contractor attempt to move, relocate, or tie down aircraft. If aircraft are found moored in a scheduled and authorized work are, the Contractor shall notify the Director of Airports for immediate removal. 1 The Contractor shall assure safety for aircraft operations and movements on the active apron areas, taxiways and runways. Areas of the runway and adjoining taxiways under construction shall be identified with painted barricades equipped with flashing I lights to warn pilots of construction in progress. The areas adjacent to the construction must remain clear and free of debris which would prove a hazard to both 1 PSR - 1 1 1 personnel and aircraft operation thereon. Barricades shall be weighted sufficiently to protect against overturning from prop wash, jet blast, or wind. Under no circumstances is the Contractor allowed to use, cross, traverse, or perform any construction tasks on the runways, taxiways, or actively used aircraft parking aprons, unless permission has been properly authorized by the Director of Airports and coordinated with the Engineer and appropriate FBO operations personnel in accordance with paragraph 4.0. The Contractor shall exercise extreme caution in the vehicle parking areas and access roads, taking whatever measures necessary to insure the safety of personnel using the airport, construction personnel, and property and equipment at the airport. 2.0 BACKGROUND Operational safety for aircraft, vehicles, equipment, and personnel during construction programs at an airport may be affected by obvious and many times subtle Contractor induced hazards or marginal safety conditions that develop during the course of the project. Examples of such hazards or marginal conditions which have occurred in the past that resulted in accidents or incidents are: 2.1 Improperly supervised and /or open trenches and excavations adjacent to runways, taxiways and apron areas. 2.2 Mounds of earth, construction material, temporary structures and other obstacles in or in proximity to operational areas, including approach zones, runway safety areas, and runway primary surfaces. 2.3 Runway, taxiway, or apron resurfacing projects which result in sharp or excessive lips between the old and new surfaces at the runway, taxiway, or apron 3 edges and ends. 2.4 Heavy equipment, both stationary and mobile, operating or being left for unnecessary periods of time within the boundaries of active airport movement areas. 2.5 Operation of heavy equipment, storage of material or equipment where it may degrade radiated signals or impair monitoring of terminal and enroute navigational aids. 3 2.6 Tall but relatively low visibility equipment, such as cranes, drills, and the like located in approach and other critical areas such as safety areas and primary surfaces. 3 2.7 Improper or malfunctioning runway, taxiway or other lights or unlighted hazards. 2.8 Debris resulting from construction such as loose asphalt, aggregate, shipping cartons, excess materials, and plastic bags located on or near runways, taxiways, aprons, and safety areas. 2.9 Disruption of security: accidental or inadvertent opening of fencing protecting passengers from aircraft operations and aircraft operating on or stored on ramps or aprons. PSR - 2 1 1 1 2.10 Hazards created due to weather conditions such as standing water on or adjacent to runways, taxiways, and aprons; wind driven sand accumulations from construction areas, etc. ' 2.11 Improper marking and lighting of runways, taxiways and displaced thresholds. ' 2.12 Deterioration or damage by construction of runway, taxiway or ramp markings or lighting to the extent that visual guidance is no longer provided. 2.13 Runway, taxiway or ramp slipperiness caused by rubber deposits, painted markings, or other contaminants or weather conditions. 2.14 Improper methods of marking temporarily closed operational areas such as the 1 use of portable street barricades. 2.15 Attractions for birds such as trash, grass seeding, or ponded water on or near 1 active operational areas. 3.0 SAFETY RESPONSIBILITY ' The Airport Operator is responsible for maintaining and assuring operational safety P P P g g P Y when hazardous or marginal conditions typical of construction projects develop at a ' public use airport. He must inform users of the airport, the FAA Airway Facilities Sector and Area Field Office, all commercial carriers, and airport tenants that hazardous or marginal conditions may exist on the airport. If such conditions occur, the Contractor shall immediately advise the Director of Airports. 3.1 Notice to Airmen (NOTAM): The Director of Airports will provide the necessary information describing hazardous or marginal conditions to the FAA Flight ' Service Station so that a Notice to Airmen (NOTAM) can be issued according to established procedures. Pilots or persons engaged in aviation activities are requested to report hazardous or marginal airport conditions to the airport ' management, Air Traffic Facilities, Flight Standards Field Offices, or Airport District Offices. ' Insurance of NOTAMs must provide adequate time to allow users of the airport to make other arrangements. The enable the provision of necessary NOTAM information or advisories to airport service or tenants, no runway, taxiway, apron, or airport roadway shall be closed without prior written approval of the ' Director of Airports. If any portion of an Active Operational Area (AOA) is to be closed, a minimum of 48 hours notice of requested closing shall be directed to the Director of Airports. ' It is important that NOTAMs be kept current and reflect the actual conditions with respect to construction situations. Active NOTAMs should be reviewed ' periodically by the Director of Airports and the Contractor to reflect current conditions. 3.2 Responsible Personnel: Listed below are the names, locations, and telephone 1 numbers for responsible management personnel concerned with the safe conduct of operations at the Marathon Airport: 1 PSR -3 1 Emergency Facility Person to Contact Contact & Phone Airport Manager Ken Agnew (305) 743 -5128 (Day) (305) 743 -5887 (Eve) Director of Airports Art Skelly (305) 296 -5439 (Day) (305) 745 -1394 (Eve) 3.3 Scheduling of Work: Prior to commencement of any work, the Director of Airports, FAA representative, FBOs, and any other affected airport tenants and/or users must confer with the Contractor to assure that the scheduling of construction activities in conjunction with aircraft operations is fully understood. Construction work should be phased so that it will result in minimum delays to aircraft movement. In moving from one area of construction activity to another area, appropriate advance notice shall be provided by the Contractor to the Director of Airports, the Resident Project Representative, and affected airport users. The Director of Airports will coordinate the Contractor's proposed schedule of operations with the airport users and Flight Standards District Office. As required in Section 3.1, the Contractor shall notify the Director of Airports a minimum of 48 hours prior to scheduling and initiating work that would require closing of any portion of the runways, taxiways, and aprons to traffic. 4.0 GUIDELINES FOR SAFETY DURING CONSTRUCTION These guidelines apply to all construction work which may affect the movement of aircraft, operating procedures for aircraft and ground handling equipment, passenger or cargo handling and the movement of emergency ground equipment. 4.1 Construction Activity and Aircraft Movements: 3 4.1.1 Prior to any construction activity affecting aircraft movement areas, the Director of Airports and the Contractor will coordinate safety requirements with airport users and appropriate representatives of the FAA. This coordinated approach to construction activity will determine any restrictions required for the project's special provisions which should result in a minimum of interference to aircraft operations. For example: the restrictions may result in closing a portion of the airport, runway or taxiway areas for specified periods or they may result in phasing the work to accomplish certain activities at selected times. 4.1.2 For construction activity to be performed in other than active operational areas, the storage and parking of equipment and materials, when not in use or about to be installed, should not encroach upon active operational areas. In protecting operational areas, the minimum clearances maintained for runways should be in agreement with Part 77 of the Federal Aviation Regulations. 4.1.3 Because of the necessity to accomplish construction within areas defined by FAR Part 77, while aircraft operations are in progress, the following 3 distances from runway or taxiway edges and runway approach areas could be authorized due to construction activity before it would be necessary to close temporarily a runway or taxiway. PSR - 4 1 1 Runway Ends: Construction equipment shall not penetrate a 20:1 approach surface. Runway Edges: Construction activities shall not be permitted within 200 feet of the active runway centerline. ' Taxiways: Construction activities shall not be permitted within 50 feet from the centerline of an active taxiway. 4.1.4 The presence of construction equipment, rough grades, or open excavation in excess of three (3) inches deep within the above areas will require closure of runway, taxiway or operations areas until removed or corrected. Warning signs, low profile weighted barriers, and yellow flashing caution lights shall be located in taxi areas in advance of the construction activities. ' 4.2 Limitation on Construction: 4.2.1 Open flame welding or torch cutting operations shall be prohibited, especially near fuel farm areas, unless adequate fire and safety ' precautions are provided and have been approved in writing by the Director of Airports and County Fire Marshall. ' 4.2.2 Open trenches, excavations and stockpiled material at the construction site should be prominently marked with orange flags and lighted with approved flashing yellow light units (acceptable to the Director of ' Airports and the FAA) during hours of restricted visibility and /or darkness. Under no circumstances are flare pots to be used. 4.2.3 Debris, waste, and loose material capable of causing damage to aircraft ' landing gears, propellers or being ingested in jet engines shall not be placed or allowed on or near active aircraft movement areas. Materials such as asphalt coated aggregate particles and /or other objects tracked on these areas shall be removed immediately and continuously during the construction project. 4.2.4 Necessary temporarily stockpiled material within inactive operation ' areas or construction limits shall be constrained in a manner to prevent movement resulting from aircraft blast or wind onto active operational areas. ' 4.3 Motor Vehicle Operators: 4.3.1 Before Contractor personnel are allowed to proceed with construction, they must be adequately schooled in the safety requirements of this plan and checked carefully as to their understanding of the plan by the ' Contractor. Their movements near or across the active operations area must be supervised. Limitations imposed by authorized construction program phasing must be understood; also the means whereby approval and escort is provided for crossing unauthorized areas of aircraft ' movement. Operation safety instructions shall be reviewed periodically, especially as new personnel are added to Contractor's staff. 1 PSR - 5 1 3 4.3.2 When any vehicle operator other than personnel routinely working in the 3 aircraft movement area and runway approach area is required to travel over any portion of that area, that operator should be escourted by 3 authorized personnel in a vehicle properly authorized to operate in the area, or the vehicle must be provided with a flag on a staff so attached to the vehicle that the flag will be readily visible. The flag should not be less than three feet square, consisting of a checkered pattern of international orange and white squares of not less than one foot on each side and displayed in full view above the vehicle. A flag or escort vehicle is not required for vehicles which have been painted, marked, and lighted for routine use on aircraft movement areas and operated by qualified personnel. Any vehicle operating on the movement area shall also be equipped with a yellow flashing dome -type light in accordance with local and /or state codes. All construction vehicles /equipment must have automatic signalling devices to sound an alarm when moving in reverse. 4.3.3 Vehicle operators crossing active movement areas shall be controlled by either two -way radio communications, at 118.2 Mhz, by escort, flagman, or signal light. Clearance should be confirmed by the vehicle operator's personal observation that no aircraft is approaching his position. 4.3.4 It may be desirable to identify vehicles for control purposes by either assigned initials or numbers prominently displayed on each side. The identifying symbols should be of eight inch minimum, block type characters of a color easily read. They may be applied by use of tape or water soluble paint to facilitate removal. 33:3 3 4.4 Access to the Site: Contractor's access to the site shall be as shown on the plans or as directed by the Director of Airports. No other access points shall be allowed unless approved by the Director of Airports. All contractor traffic 3 authorized to enter the site shall be experienced in the route or guided by contractor personnel. The contractor shall be responsible for traffic control to and from the various construction areas on the site and for the operations of the access gate to the site. A contractor's flagman or traffic control person shall 3 monitor and coordinate all contractor traffic at the access gate. The contractor shall not permit any unauthorized construction personnel or traffic on the site. The contractor is responsible for immediate cleanup of any debris deposted along the access route as a result of his construction traffic. Directional signing at the access gate and along the delivery route to the storage area, plant site or work shall be as directed by the Director of Airports. 3 4.5 Materials Delivery to the Site: All contractor's material orders for delivery to 3 the work site will use as a delivery address the gate number assigned to the access point at the contractor's storage site at the airport. 3 5.0 SAFETY CONSIDERATIONS FOR DISCUSSION AT PRECONSTRUCTION CONFERENCE The Contractor shall be prepared to discuss his plans for dealing with the following 3 matters for which he will retain complete responsibility: 3 PSR - 6 1 5.1 Accurate information and telephone numbers to contact hospital, ambulance, police or fire departments in event of emergency, names and locations of hospitals including direct access routes. ' 5.2 Crash, Fire and Rescue Department notification when construction could alter or block access routes. 1 5.3 Temporary closing and reopening of runway, taxiway or apron areas, including importance of timing to coordinate with scheduled air carrier service, including delays in such service, use of temporary marking and lighting, and low profile weighted barriers. 5.4 The effect of proposed construction on air carrier and general aviation 1 operations; instrument approach procedures such as raising of takeoff or landing minimums; temporary displacement of thresholds. ' 5.5 The time sequence of Contractor events related to the required shutdown of a navigational aid system, if required, during a prescribed time when use is not required or forecast to assure minimum facility shutdown time. 5.6 Careful understanding and coordination between construction forces, inspection forces, Flight Service Stations, and airport management personnel. 1 5.7 Need for and timing of NOTAMs during construction. 5.8 Marking and /or lighting of construction equipment and vehicles. 1 5.9 Temporary Contractor's personnel and vehicle identification requirements in air operation areas during the construction period. If the Contractor has an exclusive access road, it must be secured or guarded to keep out unauthorized 1 personnel or animals. 5.10 Requirement for signalmen or vehicular traffic control to prevent conflict ' between aircraft and surface vehicles and along haul routes off airport property onto public property. 5.11 Detailed discussion of Contractor activities, according to area of work. ' 5.11.1 Employee auto parking. ' 5.11.2 Telephone service and number. 5.11.3 Access routes for equipment and materials. (See "Construction Safety and Sequence Plan ", Sheet 3 of 7 of the construction plans.) ' 5.11.4 Secure storage area for project materials. (See "Construction Safety and Sequence Plan ", Sheet 3 of 7 of the construction plans.) 1 5.11.5 Secure storage area for construction equipment and tools. (See "Construction Safety and Sequence Plan ", Sheet 3 of 7 of the construction plans.) ' 5.11.6 The parking of construction equipment and vehicles when not engaged in construction during non - working days and at night. (See "Construction 1 Safety and Sequence Plan ", Sheet 3 of 7 of the construction plans.) PSR -7 1 3 5.11.7 Haul routes for off site debris or waste disposal. 3 5.12 Designation of responsible Contractor representative available on a 24 -hour basis, including telephone number, for emergency maintenance of airport hazard 3 lighting and barricades, or any other emergency involving Contractor's operations. 5.13 Interim fencing, gates, barriers, or other controls where existing fencing is to be 3 relocated. Contractor plan must satisfy approved airport security program. 5.14 Environmental and safety requirements such as: 5.14.1 Dust control - use of water, chemicals, straw, mulch and seeding. 5.14.2 Smoke or open fires - comply with local ordinances. 3 5.14.3 On site disposal and burning of construction debris or waste is prohibited. 5.14.4 Noise abatement - comply with local regulations pertaining to noise levels and the Occupational Safety and Health Administration rules. 5.14.5 Blasting prohibited. 5.14.6 Location or relocation of utilities such as power, water, sewer, control cables, and provisions for temporary services and testing, as required. 5.14.7 Toxic substances. 3 6.0 MARKING AND LIGHTING OF CLOSED OR HAZARDOUS AREAS ON THE AIRPORT 6.1 Temporarily Closed Runways and Taxiways: For runways and taxiways which have been temporarily closed, the lighting circuits should be disconnected. With runways, crosses of the temporary type (constructed of material such as fabric or plywood and painted in International Orange or other acceptable contrasting color) shall be placed at each runway end. The crosses shall be located on top of the runway numerals. Each cross leg dimension shall be sixty (60) feet long by ten (10) feet wide. Temporarilly closed taxiways shall be treated as an unusable area as explained in paragraph 6.3 below. 6.2 Closed Airport: If runway 7/25 is closed temporarily, the runway shall be marked as in paragraph 6.1 above, and the airport beacon shall be turned off. 6.3 Hazardous Areas: Hazardous areas, in which no part of an aircraft may enter, are indicated by use of barricades with alternate orange and white markings. 3 The barricades are supplemented with orange flags at least 20 by 20 inches square and made and installed so that they are always in the extended position and properly oriented. For nighttime use, the barricades shall be supplemented 3 with flashing yellow lights. The intensity of the lights and spacing for barricades, flags, and lights must be such to delineate adequately the hazardous area. PSR - 8 1 7.0 CONSTRUCTION SEQUENCING AND CONTRACT TIME Construction sequencing shall be arranged to keep the airport operational and aircraft ' scheduling delays to a minimum, without placing unnecessary hardship on the Contractor. In order to minimize disruption of airport operations, the work shall be accomplished in the minimum time necessary in accordance with the allowable contract time. In no case may the operation of the existing beacon be interrupted during installation and operational testing of the new beacon prior to its acceptance and commissioning. The Contractor will be required to submit a construction schedule ' and sequence plan for review by the Director of Airports and the Engineer at least five (5) working days prior to the scheduled date of the Preconstruction Conference. The Contractor is referred to the "Construction Safety and Sequence Plan" Sht. 3 of 7 for additional limitations regarding construction operations, particularly in regard to Contractor's activity within active operational areas (AOA). The Total Contract Time shall be as provided for in these Contract Documents. 1 1 1 1 1 1 1 1 1 1 1 PSR - 9 1 1 1 DIVISION I GENERAL PROVISIONS 1 SECTION 10 DEFINITION OF TERMS ' Whenever the following items 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 grant -in -aid program, administered 1 by the Federal Aviation Administration. 10-04 ADVERTISEMENT. A public announcement, as required by local law, inviting ' bids for work to be performed and materials to be furnished. Work to be performed at location stated in the Advertisement for Bids. ' 10-05 AIR OPERATING AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the 1 unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. ' 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. 10 -08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. ' 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10.09.1 BID. The written offer of a bidder, submitted on the bid form, to perform 1 the work in accordance with the requirements of the contract documents and stating the consideration which the bidder will require for so doing. 10 -09.2 BID FORM. The attached form on which it is required that bids be 1 submitted. 1 GP -1 1 1 10 -10 BUILDING AREA. An area on the airport to be used, considered, or intended 11 to be used for airport buildings or other airport facilities or rights-of -way together with all airport buildings and facilities located thereon. 10 -11 CALENDAR DAY. Every day shown on the calendar. 10 -12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10 -13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but not be limited to: The Advertisement; the Contract Form; the Proposal; the Performance and Guaranty Bond; the Payment Bond; and required insurance certificates; the Specifications; the Plans; and any addenda issued to bidders. 10 -14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10 -15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10 -16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10 -17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10 -18 ENGINEER. The individual, partnership, firm, or corporation, duly authorized by the Owner (sponsor) to be responsible for Engineering observation of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10 -20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10 -21 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 -22 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. They may be obtained from the 1 GP - 1 1 Specifications Activity, Printed Materials Supply Division, Building 197, Naval Weapons Plant, Washington, D.C. 20407. ' 10 -23 INSPECTOR. An employee or representative of the Owner authorized to inspect work performed or being performed, or the materials furnished or being furnished by the Contractor in the execution of this contract. 1 10 -24 INTENTION OF TERMS. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standards shall be interpreted to include all general requirements of the entire section, specification 1 item, or cited standard that may be pertinent to such specific reference. 10 -25 LABORATORY. The official testing laboratories of the Owner or such other 1 laboratories as may be designated by the Engineer. 10 -26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. ' 10 -27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than ' 10 percent of the total amount of the awarded contract. All other items shall be considered minor contract items. ' 10 -28 MATERIALS. Any substance specified for use in the construction of the contract work. 10 -29 NOTICE TO PROCEED. A written notice to the Contractor to begin the ' actual work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. ' 10-30 OWNER (SPONSOR). MONROE COUNTY, FLORIDA 10 -31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. ' 10 -32 PAYMENT BOND. A bond executed by the Contractor and his surety on the Y Y attached form guaranteeing that the Contractor will, in good faith, perform the work ' in full conformity with the terms of the contract documents and will promptly pay all persons supplying the labor and materials for the work. ' 10 -33 PERFORMANCE AND GUARANTY BOND. A bond executed by the Contractor and his surety on the attached form guaranteeing that the Contractor will truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements in accordance with the terms of the contract. ' 10 -34 PLANS. The official drawings or exact reproductions, prepared by the Engineer, which show the location, character, dimensions and which are to be ' considered as a part of the contract, supplementary to the specifications. A listing of the plan sheets for this project is given in the Instructions of Bidders, Page 1B -1, Paragraph 2 "Examination of Contract Documents and Site." 1 GP -3 1 1 10 -35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10 -36 PROPOSAL. The written offer of the Bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. In this specification, the work 'BID" shall be substituted or used interchangeably with the worD "PROPOSAL ". 10 -37 PROPOSAL GUARANTY - Bid Bond. A Bond executed by a Bidder and its surety on a form shown in this Document, guaranteeing that the Bidder, if awarded the Contract, will execute the same and will furnish the required Performance and Guaranty Bond and Payment Bond. 10 -38 RESIDENT PROJECT REPRESENTATIVE. The Resident project Representative is the Engineer's agent and will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding his actions. Resident Project Representative's dealings in matters pertaining to the on -site work shall, in general, be only with Engineer and Contractor, and dealing with subcontractors shall only be through, or with, the full knowledge of Contractor. Written communications with Owner will be only through or as directed by Engineer. 10 -39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-40 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 -41 STRUCTURES. Airport facilities such as bridges; culverts; catch basins; inlets; retaining walls; cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, 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 -42 SUBGRADE. The soil which forms the pavement foundation. 10 -43 SUPERINTENDENT. The contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the 3 engineer, and who shall supervise and direct the construction. 10 -44 SUPPLEMENTAL AGREEMENT. A written agreement between the contractor and the owner covering: 1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract, or 2) work that is not within the scope of the originally awarded contract, but is required to satisfy the general scope of the contract. 10 -45 SURETY. The corporation, partnership, or individual, other than the contractor, executing payment or performance bonds which are furnished to the owner by the contractor. GP -4 1 1 1 1 10 -46 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 runway or aircraft parking areas. 10 -47 WORK. The furnishing of all labor, materials, tools, equipment, and ' incidentals necessary or convenient to the contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10 -48 WORKING DAY. A working day shall be any day other than a legal holiday, ' Saturday, or Sunday on which the normal working forces of the contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the contractor's control, Saturdays, ' Sundays, and holidays on which the contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 1 1 1 1 1 1 1 1 1 1 1 1 GP -5 1 1 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20 -01 ADVERTISEMENT. See Advertisement for Bids, Page A -1 in these Contract Documents. 20 -02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the 'certified statements or reports hereinabove specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner with its bid. 20 -03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20 -04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: (a) Failure to comply with any prequalification regulations of the Owner, if such regulations ar cited, or otherwise included, in the proposal as a requirement for bidding. (b) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. 1 GP -6 1 1 1 (c) Contractor default under previous contracts with the Owner. (d) Unsatisfactory work on previous contracts with the Owner. 20 -05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual ' quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERNATION OF WORK AND QUANTITIES of Section 40 without in any way 1 invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is ' expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. He shall satisfy himself as to the character, quality and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be 1 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. 1 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. 1 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his proposal on the forms furnished by the Owner. The Bid Form shall not be detached from the contract documents. 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) for which he proposes to do each pay item furnished in the proposal. 1 The bidder shall sign his proposal correctly 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 1 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 GP -7 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. (b) If there are unauthorized additions, conditional or alternative pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. (c) If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. (d) If the proposal contains unit prices that are obviously unbalanced. (e) If the proposal is not accompanied by the proposal guaranty specified by the Owner. For AIP contracts, proposals shall be considered irregular for any of the reasons stated, and, in addition, if the proposal is "nonresponsive" with respect to the requirements of Part 152 of the Federal Aviation Regulation as specified in the Proposal Form. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 PROPOSAL GUARANTY. Each bid shall be accompanied by a bid bond in the form of a cashier's check made payable to the Owner or a bid bond prepared on the form attached hereto, duly executed by the bidder as principal having as Surety thereon a surety company satisfactory to the Owner. The guaranty so furnished shall be in the amount not less than ten percent (10%) of the amount of the total bid price. Attorneys -in -fact who sign bid bonds must file with such bond a certified copy of their power of attorney to sign such bonds. All bonds must be countersigned by a resident Florida agent of the Surety with proof of agency attached. 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 receipt of all bids. Proposals received after the specified time shall be returned to the bidder unopened. 20 -11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of all proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for receipt of bids. Revised proposals must be received at the place specified in the advertisement before the time specified for receipt of all bids. 1 GP -8 1 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 request) or received after the time specified for receipt of 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 name or different name. ' (b) Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified 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. 1 (d) Submission of an unbalanced bid in which the prices bid for some items are out of proportion to the prices bid for other items. (e) Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. ' (f) Lack of competency, as revealed by inability to produce valid license as required by law. (g) Uncompleted work for which the bidder is committed by contract, which, 1 in the judgement of the Owner, might hinder or prevent the prompt completion of work under this contract if awarded to such bidder. (h) Being in arrears on any of his existing contracts with the Owner or in litigation with the Owner having defaulted on a previous contract with the Owner. 1 1 1 1 • 1 1 GP -9 1 1 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 quantities shown in the proposal by the unit bid prices. In the event of a discrepancy between a unit bid price and an extension, the unit bid price will govern. 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. Discrepancies between the indicated sum of any column of figures and the correct sum thereof, will be resolved in favor of the correct sum. Until the award of a contract is made, the Owner reserved the right to reject a bidder's proposal for any of the following reasons: (a) If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. (b) If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract in made, the Owner reserves the right to reject any or all proposals; waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws of regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30 -02 AWARD OF CONTRACT. Award of the contract is subject to the availability of FAA AIP funds, and will be made after the necessary investigations of the responsibility of the low bidders have been made. Upon approval by the Federal aviation Administration and on the recommendations of the Engineer, contract award notification will be made. Such award will be made, or all bids rejected, within sixty (60) days of the bid opening. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conform to the cited requirements of the Owner. To determine the lowest qualified Bidder, the Owner may consider the Alternate Bid Item 9A as a replacement for Bid Item 9 and the Additive Bid Items. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of the proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS in this section. 1 GP -10 1 1 1 Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as ' the Owner receives the contract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30 -05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds which have been fully executed by the bidder and his surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. For contracts under $100,000, the performance, payment and guaranty bond or bonds shall be in a sum equal to the full amount of each ' contract awarded. For contracts exceeding $100,000, separate performance and payment bonds shall each be in a sum equal to the full amount of each contract awarded. The bond shall be written through a company licensed to do business in the 1 State of Florida and meeting the following requirements: (a) Qualifications - Management and Strength 1 (1) The surety must be rated no less than "A" as to management, and no less than "AAA" as to strength, by the latest edition of Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton St., New York, New York 10038. 1 (2) The surety company executing the bond shall be listed by the U.S. Treasury Department as being approved by and for writing bonds for federal projects on it current list in an amount not less than the amount of the bond to the Owner. (b) Bonding Limit - Any One Risk. The bonding limit of the sureties shall not exceed five percent (5 %) of the policyholder surplus (capital and surplus) as listed by 1 the aforementioned Best's Insurance Guide. (c) Authorization. Attorneys -in -fact who sign performance, payment and ' guaranty bonds must file with such bond a certified copy of their power of attorney to sign such bonds. All bonds must be countersigned by a resident Florida agent of the surety with proof of agency attached. 1 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the Owner, along with the fully executed surety bond or bonds specified in the ' subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 10 calendar days from the date mailed or otherwise delivered to the successful bidder. The successful bidder shall provide satisfactory evidence of all required insurance ' coverage and proof satisfactory to the Owner or the persons executing the contract. The above documents must be furnished, executed, and delivered before the contract will be executed by the Owner and a copy of such fully executed contract is delivered ' to the Contractor. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete ' the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. GP - 11 1 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 10 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 1 1 1 1 1 1 1 1 1 1 1 GP 1 1 1 SECTION 40 SCOPE OF WORK 40 -01 INTENT OF CONTRACT. The intent of the contract is to provide for ' construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40 -01.1 PRE - CONSTRUCTION CONFERENCE. After contract has been awarded and signed, but prior to the commencement of the work, a Pre - Construction Conference ' shall be held at the office of the Owner. Such conference shall be attended by authorized representatives of the Owner, Engineer, Contractor, FAA, FDOT; and appropriate airport users. The purpose of this conference will be to review the ' Contractor's submitted progress schedule, integrate same, clarify any questions that might arise with regard to responsibility and jurisdiction, and acquaint all parties with the authorized representatives to be notified. 1 The progress schedule shall be furnished to the Engineer five (5) working days in advance of this conference. The exact time and place of this meeting shall be established by the Owner and written notice shall be given. 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 necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract ' quantities, provided that the aggregate of such alternations 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 25 percent limitation shall not invalidate ' the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be ' covered by "change orders" issued by the Engineer. Change orders for altered work shall include extensions or contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. 1 Should the aggregate amount of altered work exceed the 25 percent limitation hereinabove specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment ' for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 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 items may be omitted by a supplemental agreement. Such omission of contract items shall not 1 invalidate any other contract provisions or requirements. 1 GP -13 1 1 Should a contract item be omitted or otherwise order to be non - performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40 -04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Owner to be in its best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40 -05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his 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 subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or conditions that may be hazardous to the operation of aircraft, fire - rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress and egress from abutting property or intersecting roads, streets, or highways. 1 1 GP - 14 1 1 1 The Contractor shall make his own estimate of all labor, materials, equipment and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract 1 items. Cars, trucks, and construction equipment shall be limited to the areas of runway and ' taxiway which are closed to air traffic, except when approved by the Owner. Safety practices shall be in accordance with FAA AC 150/5370 -2C, Safety on Airports During Construction Activity. Vehicle traffic patterns to and from construction areas shall be as approved by the Owner after coordination with the Owner. Grassed areas ' damaged by ground traffic shall be restored by the Contractor at his expense prior to completion and acceptance of the project. ' The Contractor shall furnish watchmen in sufficient numbers to protect and divert vehicular, aircraft, and pedestrian traffic from working areas closed to traffic, or to protect any new work. Failure to comply with these requirements will result in the 1 Owner shutting down the work until the Contractor shall have provided the necessary protection. When contractor vehicles must repeatedly cross the active runway, or be within 150 feet of an active runway, the Contractor shall furnish flagmen to control such movements to assure safety to aircraft and personnel using the active runway. Vehicles shall be flagged and lighted in accordance with AC 150/5370 -2C. 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 be measured or paid for directly, but shall be included in the various contract items. 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. ' Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. ' 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his option either: 1 GP -15 1 3 (a) Use such material in another contract item, providing such use is reviewed 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 Owner; or, (c) Use such material for his own temporary construction site; or, (d) Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option (a), (b), or (c), he shall request the Engineer's review in advance of such use. Should the Contractor 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 removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his use of such material so used in the work or removed from the site. Should the Contractor exercise option (a), the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his exercise of option (a), (b) or (c). The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40 -08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily unless the Contractor has obtained the written permission of such property owner. Areas disturbed during construction are to be restored to the conditions existing prior to construction. No separate payment will be made for this work. 40-09 UTILITIES AND TEMPORARY FACILITIES. (a) Existing Utilities and Facilities indicated on the drawings may not be complete and location could vary from that shown. The Contractor shall verify the exact location of those existing utilities and facilities which are directly involved in the construction and /or within the limits of the work. GP -16 1 1 1 (b) Protection. Preserve in operating conditions all active utilities and facilities traversing the site of the work; protect all property including, but not ' limited to, sewer and water mains, conduit, manholes, catch basins, valve boxes, poles, guys, electrical and telephone cables and other appurtenances. The Contractor shall repair damage to any such utility and facility due to the work under this contract to the satisfaction of the local authority and the utility at no cost to the Owner. U (c) Approval shall be obtained from the appropriate utility authority prior to making adjustments to, or in any way altering the operation of existing utilities and facility or making connections to existing pipes and structures. (d) Electrical Power. Temporary wiring and electrical power for construction ' shall be furnished by the Contractor. Contractor shall make all necessary arrangements with the local power company for temporary services, at Contractor's expense. ' (1) Temporary wiring shall meet all safety requirements of the National Electrical Code and local code requirements. ' (2) Temporary power shall be made available by the Contractor to all subcontractors to enable them to properly carry out their work. An adequate number of outlets shall be provided, each properly and clearly labeled with maximum voltage and fuse protection, and provided with ground fault protection. ' (3) Temporary lighting shall consist of a weatherproof socket properly insulated and provided with a locking wire -type guard. 1 (4) All devices shall be properly grounded. ' (e) Water. The Construction shall arrange with local authorities for water and pay all costs in connection therewith. (f) Temporary Sanitary Facilities. ' (1) Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use ' of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. (2) Chemical toilets and their maintenance shall meet the requirements of the State and local health regulations and ordinances. Any facilities or maintenance methods failing to meet these requirements shall be corrected immediately. 1 1 1 1 GP -17 1 1 SECTION 50 CONTROL OF WORK 1 50 -01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract. All notices given by the Owner or the Engineer under the provisions of this contract shall be in writing and service of same may be in either of the following manners: (a) By delivery of such notice to the Contractor or to any officer of the 3 Contractor if said Contractor be a corporation, or to any agent or superintendent of the Contractor. 3 (b) By mailing such notice by certified mail to the address of the Contractor shown on the Contractor's bid. The Contractor shall allow and permit the Owner or his duly authorized representative to inspect and review all payrolls, records or personnel, conditions of employment, invoices of materials, books of accounts, and other relevant data and records pertinent to the contract and subcontracts. It is acknowledged that nothing is the performance of the Engineer's services in connection with this project implies any undertaking for the benefit of, or which may be enforced by the Contractor, it's sub - contractors, or the surety of any of them, it being understood that the Engineer's obligations are solely to the Owner and that, in meeting such obligations, the Engineer may increase the burdens and expenses of the Contractor, its subcontractors, or the surety of any of them. Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions 3 and schedule of values prepared by Contractor and consult with Engineer concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with Engineer and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. GP - 18 1 b. As requested by Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the work. 1 4. Shop Drawings and Samples: 1 a. Receive and record date of receipt of shop drawings and samples, receive samples which are furnished at the site by Contractor, and notify Engineer of their availability for examination. 1 b. Advise Engineer and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been reviewed by Engineer. 1 5. Review of Work, Rejection of Defective Work, Inspections and Tests: 1 a. Conduct on -site observations of the work in progress to assist Engineer in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract I Documents. . Report to Engineer whenever he believes that any work is unsatisfactory, faulty or defective, or does not conform to the Contract Documents, or 1 does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment; and advise Engineer when he believes work should be corrected or rejected or 1 should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and 1 maintenance instructiqns are conducted as required by the Contract Documents and in presence of the required personnel, and the Contractor maintains adequate records thereof; observe, record and report to Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having 1 jurisdiction over the Project, record the outcome of these inspections and report to Engineer. 6. Interpretation of Contract Documents. Transmit to Contractor Engineer's clarification and interpretations of the Contract Documents. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommendations to Engineer. 8. Records: 1 a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and sample submissions, reproductions of original Contract Documents, including all addenda, change orders, field 1 orders, additional drawings issued subseqent to the execution of the contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports and other project related documents. 1 GP -19 1 1 • b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives or manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to Engineer. c. Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of material and equipment. 9. Reports: a. Furnish Engineer daily reports as required to show progress of the work and Contractor's compliance with the approved progress schedule and schedule 3 of shop drawing submissions. b. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to Engineer upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site, but not incorporated in the work. 11. Certificates, Maintenance and Operation Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and .deliver this material to Engineer for his review and forwarding to Owner prior to final acceptance of the work. 12. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Conduct final inspection in the • company of Engineer, Owner and Contractor and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. Limitations of Authority Except upon written instructions of Engineer, Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or approve any substitute materials or equipment; 1 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents; GP - 20 1 1 3. Undertake any of the responsibility of Contractor, subcontractor or Contractor's superintendent, or expedite the work; 1 4. Advise on, or issue, directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract Documents. 1 5. Advise on, or issue, directions as to safety precautions and programs in connection with the work; 6. Authorize Owner to occupy the project in whole or in part; and, 7. Participate in specialized field or laboratory tests. ' 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications. 1 If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his opinion, result in a finished product having a ' level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his determination that the affected work be accepted and remain in place. In this event, the Engineer will document his determination and ' recommend to the Owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering i judgement 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 reasonable 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. For the purpose of this subsection, the term "reasonably close conformity" shall not be ' construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's 1 prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. ' For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgement 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 1 the contract, plans and specifications. 1 GP - 21 1 1 50 -03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of the 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 every 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 project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the Owner and Engineer from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. The Contractor shall arrange his 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. The Contractor shall not commit or permit any act which will interfere with the performance of the work by any other contractor or fail to perform such acts as required to avoid interference with the performance of work by any other contractor. 1 GP 1 1 1 If there be a difference of opinion as to the respective rights of the Contractor and others doing the work within the limits of or adjacent to the project, the Engineer will decide as to the respective rights of the various parties involved in order to secure the completion of the Owner's work in general harmony and in a satisfactory manner, and his decision shall be final and binding on the Contractor. ' 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control and the Contractor shall furnish all other surveys prior to and during construction. Initial staking for the construction layout and the final 1 measurements for the proposed Work shall be performed by a competent surveyor at the expense of the Contractor, who shall cooperate with the Engineer to facilitate checking of the work. ' 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 of 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 1 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 provisions of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as 1 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. 1 The payment of any compensation, whatever may be its character or form, or the giving of any gratuity, or the granting of any valuable favor, by the Contractor to any inspector, directly or indirectly, is strictly prohibited and any such act on the part of ' the Contractor will constitute a violation of this contract. 50-09 INSPECTION OF THE WORK. All materials and each part of detail of the ' work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. 1 If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, and the replacingof the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or ' examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's GP - 23 1 1 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 Owner of such facilities shall have the right to inspect such work. Such inspection shall in no way interfere with the rights of the parties to this contract. 50 -10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS in 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 in Section 70. No work shall be done without lines and grades having been given and reviewed by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Owner will have the right to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of materials or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his 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 effect 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. GP -24 1 1 All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. ' 50 -13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING ' CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. ' The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance ' conditions, depending on the exigency that exists. Any maintenance cost incurred by the Owner shall be deducted from monies due or to become due the Contractor. 50 -14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been ' 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 be void or 1 alter any provision of the contract. 50 -15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive ' completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Owner shall notify the Contractor in writing 1 of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being ' unsatisfactory, the Owner will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with and execute such instructions. Upon completion of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Owner will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 1 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. 1 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 1 local laws or ordinances. GP - 25 1 1 Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 1 1 1 1 1 1 3 • 3 1 3 3 3 1 1 1 GP - 26 1 1 1 1 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). 1 In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be ' furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. ' At the Engineer's option, materials may be reviewed at the source of supply before delivery is started. If it is found after trial that sources of supply for previously reviewed materials do not produce specified products, the Contractor shall furnish materials from other sources. ' The Contractor shall furnish materials and roducts that conform to the requirements P eq of cited material specifications. ' 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and reviewed by the Engineer before incorporation in ' the work. Any work in which untested materials are used without review of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and 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. All costs in connection with any retests necessary to reconfirm ' compliance with specifications, as a result of previously failed tests, shall be borne by the Contractor. Samples requiring laboratory tests will be delivered to the laboratory at the expense of 1 the Owner, except when such laboratory test is required to be provided by the Contractor under the terms of the contract. If the Contractor desires that inspections or tests be made outside of the site, all expenses, including per diem for the Engineer 1 or his inspectors, shall be borne by the Contractor. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or products when accompanied by ' manufacturer's certificates of compliance stating that such materials or products 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 1 accompanied by a certificate of compliance in which the lot is clearly identified. 1 GP -2? 1 3 Materials or products 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 reviewed by the Engineer. 1 When a material or product is specified by "brand name or equal ", and the contractor elects to furnish the specified "brand name ", the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or product delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: (a) Conformance to the specified performance, testing, quality or dimensional requirements; and 3 (b) Suitability of the material or product for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or product, he shall furnish the manufacturer's certificates of compliance as hereinabove described for the specified brand name material or product. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. Time expended by the Engineer in excess of one hour to establish or determine the "or equal" status of a material or product substitution shall be at Contractor's expense. The Engineer reserves the right to refuse permission for use of materials or products on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his authorized representative may inspect, at its source, any specified material or product to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his acceptance of the material or product. Should the Engineer conduct plant inspections, the following conditions shall exist: (a) The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. (b) The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture of production of the materials being furnished. 1 (c) If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. 3 1 GP - 28 1 1 It is understood and agreed that at 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 1 to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 1 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. 1 - NOT A PART - I 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored ' materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with 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 Owner. Private property shall not be used for storage purposes without written permission of the owner or ' lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. 1 All storage sties on private or airport property shall be restored to their original conditions by the Contractor at his expense. All delivered materials and all portions of completed work shall become the property of the Owner but the Contractor shall ' store the materials and shall be responsible for and shall maintain all partly or wholly finished work during the continuance of the contract and until the final acceptance of the work. If any materials or part of the work be lost or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and replace same at his own cost. ' 60-07 UNACCEPTABLE MATERIALS. Any material or product 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 product from the site of the work, unless otherwise instructed by 1 the Engineer. No rejected material or product, the defects of which have been corrected by the ' Contractor, shall be returned to the site of the work until such time as the Engineer has reviewed its use in the work. 60-08 OWNER - FURNISHED MATERIALS. The Contractor shall furnish all materials ' required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. 1 1 GP - 29 1 1 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 to 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. 60 -09 RECORD DRAWINGS. At the completion of the project construction and prior to the final inspection, the Contractor shall provide complete record drawings. The record drawings shall consist of one set of the latest edition of the contract drawings on which shall be clearly and neatly marked all variations from the contract drawings in the work actually installed. At every design elevation and dimension called out on the contract drawings, and areas as designated by the Engineer, the Contractor shall insure that a record elevation or dimension shall be provided for the record plans. The Contractor shall provide a competent surveyor to validate the record drawings. If the Contractor surveyor's data are found to be inaccurate, all (100%) of the record data shall be verified by a registered land surveyor at the Contractor's expense. 1 1 3 1 1 1 1 1 GP - 30 1 1 1 SECTION 70 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 70 -01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all ' federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having jurisdiction or authority, which in any manner affect those engaged or employed on 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. ' 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 1 incidental to the due and lawful prosecution of the work. 70 -03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is ' required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the work. 70 -04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public ' or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the process of the work. To the extent that such construction, reconstruction, or ' maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Owner Location Person to Contact (Utility or (See Plan (Name, Title, Other Facility) Sheet No.) Address, and Phone 1 (NONE ANTICIPATED AT THIS TIME) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Owner. 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 or facility during the progress of the work, the Contractor ' shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the 1 GP -31 1 1 Owner, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70 -05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's (sponsor's) request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant 3 to the requirements of the Airport and Airway Development Act of 1970 (84 stat. 219), as amended, and the Rules and Regulations of the Federal Aviation Administration that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, Federal Aviation Administration and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to federal, state and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his health or safety. The Contractor, his personnel, and subcontractors will not be permitted to use the sanitary facilities in the existing buildings on the airport, and all personnel at the site shall be so advised. Enclosed temporary toilets shall be provided in sufficient numbers and located where directed and approved by the Owner. Drinking water shall be provided from a safe and sanitary source. All such facilities shall be furnished in strict accordance with existing governing health regulations. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his operations and those of his subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his own operations and those of his subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinabove specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 1 GP - 32 1 1 Particular attention is directed to safety on the project during the construction set forth under this contract, in order that the Contractor's personnel as well as the general public will be adequately protected. Construction equipment will 'not be operated or parked in the vicinity of the active airport runway, taxiways and apron during construction. Trench, channels, holes and the like, dug for installation of underground items, will be left open a minimum length of time. 1 Equipment not in use will be parked in areas designated on the drawings and at least 300 feet (500 feet for instrument runways) from the active runway and at least 200 ' feet from active taxiways and aprons. Working equipment closer than this to active paved areas will be permitted only with specific permission and coordinated with the airport manager through the resident engineer. ' No excavation will be made closer than 50 feet to active paved areas except with express permission and coordinated with the airport manager through the resident engineer. All such excavation left open over night will be adequately lighted with 1 flashing lights. When construction requires cutting of active taxiways or runways, same shall have adequate warning barricades and flashing lights placed at key locations to insure safety of operations. The Owner will publish NOTAM stating times of construction on a runway and advise aviators that the runway is closed. ' Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Association of General Contractors of America to the extent that such provisions are not in contravention of applicable law. 1 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of ' darkness, such barricades, warning signs and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When work requires closing of air operations area of the airport or portion of such area, the contractor shall furnish, erect, and maintain temporary markings and ' associated lighting conforming to the requirements of FAA Advisory Circular 150/5340 -1E, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his parked construction equipment that may be hazardous to the operation of emergency fire /rescue or maintenance vehicles on the airport in reasonable conformance to Advisory Circular 1 150/5370 -2C, Safety on Airports During Construction Activity. 1 GP - 33 1 The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370 -2C. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open flame type lights shall not be permitted within the air operations areas of the airport. 70 -09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70 -10 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 marks until the Engineer has witnessed or otherwise referenced their location and shall not move them until they have been witnessed or referenced. 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. 1 When or where any direct or indirect damage or injury is done to public or private property by or on account of any, act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70 -11 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 1 GP -34 1 1 1 received or sustained by any person, persons, or property on account of the operations of the Contractor; or no account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's ' Compensation Act," or any other law, ordinance, order or decree. Money due the Contractor under and by virtue of his contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner, or in case no money is due, his surety may be held until such suits, action or actions, claim or claims for ' injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately 1 protected by public liability and property damage insurance. The Contractor shall not commence work under this contract until he has obtained the ' following required insurance and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all the insurance required of the subcontractor has been obtained and approved. Prior to the commencement of work hereunder, the Contractor shall furnish to the Owner and Engineer a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Owner in such insurance shall not be effective until ten (10) days after written notice thereof to the owner and the Engineer. ' (a) Compensation Insurance. The Contractor shall take out and maintain during the life of this contract, Workmen's Compensation Insurance for all his employees at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the ' latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation ' Statute, the Contractor shall provide and cause each subcontractor to provide adequate insurance for the protection of his employees not otherwise protected. 1 (b) Contractor's Public Liability and Property Damage Liability Insurance. The Contractor shall take out and maintain regular Contractor's Public Liability and Property Damage Liability Insurance that will protect him from claims for damage for personal injury, including accidental death, as well as from claims for property damage that may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either 1 of them. The amounts of such insurance shall be as follows: (1) Contractors' public liability insurance including automobile liability in an amount not less than $300,000 for injuries, including wrongful death to any one person and subject to the same limit for each person in an amount not less than $1,000,000 for injuries including wrongful death to more than one person in any one occurrence. 1 (2) Contractors' property damage liability insurance in an amount not less than $50,000 for damages on account of any one occurrence and in an amount not 1 less than $100,000 for damages on account of all occurrences. GP - 35 1 • (3) Contractors' automobile property damage liability insurance in an amount not less than $100,000. (c) Contingent Liability. The above policies for comprehensive liability and property damage insurance must so be written as to include contingent liability and contingent property damage insurance to protect the Contractor against claims arising from the operation of subcontractors. (d) Contractural Liability. To recognize and hold harmless the requirements of this contract. (e) Public Liability and Property Damage Insurance on half of the Owner. In P Y � addition to the public liability and property damage insurance above mentioned, the Contractor shall furnish written evidence to the owner that with respect to the Contractor's operations or those of any of his subcontractors, he has provided on behalf of the Owner for regular protective public liability and property damage insurance in the amounts above specified. (f) Builder's Risk. The Contractor shall secure and maintain during the term of this contract, builder's risk insurance to include fire, lightning, extended coverage and vandalism and malicious mischief. All policies shall name the Owner and Engineer as additional name insured. Certificates in triplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with the Engineer before operations are begun. Such certificates shall not merely name the types of policy provided, but shall specifically refer to this contract and section, and the above paragraph in accordance with which insurance is beingfuurnished, and state that such insurance is as required by such paragraphs of this contract. — 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portion of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his own estimate of the difficulties involved in arranging his work to permit such beneficial occupancy by the Owner. 70 -14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE OF Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before 1 GP - 36 1 1 final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, ' tornado, hurricane, or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. ' If the work is suspended for any cause whatsoever, 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 each period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under his contract, and shall take adequate precautions to protect 1 new tree growth and other important vegetative growth against injury. 70 -15 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 1 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 1 utility services and facilities. To the extent that such public or private utility services, FAA, NOAA and other governmental agencies, and airport tenants such as airline operators are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his responsibility to protect such existing features- from damage or unscheduled interruption of service. 1 It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all such services or other facilities of his plan of operations. 1 In addition to the general written notification hereinabove provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his plan or 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 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 GP -37 1 1 notification to the Owner. The Contractor's failure to give the two days' notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. When 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 insure 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 Owner reserves the right to deduct such costs from any monies due or which become due the Contractor or his surety. 70 -16 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. 3 70 -17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his authorized representatives, or any official 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. 3 70 -18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or estopped from recovering from the Contractor or his surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable by 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 -19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 3 GP -38 1 1 1 70 -20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or ' object listed in the current National Register of Historic Places published by the United States Department of the 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 the Owner will direct the ' Contractor to either resume his operations or to suspend operations as directed. Should the Owner 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 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 DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. ' 70 -21 PROJECT INSPECTION BY OTHERS. The attention of the Contractor is invited to the fact that pursuant to a Joint Participation Agreement between the State of Florida, Department of Transportation and the Owner, the State of Florida may pay ' a portion of the cost to this improvement. The construction work and labor shall be done in accordance with the laws of the State of Florida subject to the inspection and approval of the State of Florida, Department of Transportation. The construction work and materials, therefore, will be subject to such inspection by the State of Florida, Department of Transportation or its agents as may be deemed necessary, but such inspection will in no sense make the State of Florida, Department of Transportation a party to this contract and will in no way interfere with the rights of 1 either party to the contract. . 1 1 1 1 1 1 GP - 39 1 SECTION 80 PROSECUTION AND PROGRESS 80 -01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the Work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified Superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Owner. 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 NOTICE TO PROCEED. The Notice to Proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Owner in the written Notice to Proceed, but in any event, the Contractor shall notify the Owner at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. The Contractor shall submit his progress schedule for the Engineer's review at least five (5) working days (weekends excluded) prior to the scheduled date of the Preconstruction Conference. The Contractor's progress schedule 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. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the Notice to Proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his 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 the 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 Owner 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. GP - 40 i 1 1 1 The construction work shall be accomplished in such a manner that the runway is subject to closure only during the times required for construction, and that such closures for construction receive timely publication of NOTAM as to timing and 1 frequency of occurances. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor ' shall at all times employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. ' All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to 1 perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who, in the opinion of ' the Owner, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Owner. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Owner may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and ' in such mechanical condition as to meet the requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport • facilities will result form 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 accomplish the work in conformity with the requirements of the contract, plans, and specifications. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as in necessary due to t the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work ' for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for ' anticipated profits. The period of shutdown shall be computed from the effective date of the Owner's order to suspend work to the effective date of the Owner's order to resume work. Claims for such compensation shall be filed with the Owner within the time period stated in the Owner's order to resume work. The Contractor shall submit with his claim information substantiating the amount shown on the claim. No provision of this article shall be construed as entitling the Contractor to compensation GP -41 1 1 for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80 -07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: (a) CONTRACT TIME based on CALENDAR DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his weekly statement of the number of calendar days charged against the contract time during 3 the week and the number of calendar days currently specified for completion of the contract (the original contract time plus the number of calendar days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK. 3 (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 orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. 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 Owner 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 Owner finds that the work was delayed because of conditions beyond the control and with the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80 -08 FAILURE TO COMPLETE ON 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 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. GP -42 1 1 1 1 Permitting the Contractor to discontinue and finish the work or any part of it after the time fixed for its completion, or after the date to which time for completion may be extended, will in no way operate as a waiver on the part of the Owner of any of its 1 rights under the contract. 80 -09 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: 1 (a) Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or 1 (b) Fails to preform 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 1 (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 1 (d) Discontinues the prosecution of the work, or (e) Fails to resume work which has been discontinued within a reasonable time after notice to do so, or (f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or 1 (g) Allows any final judgment to stand against him unsatisfied for a period of 10 days, or 1 (h) Makes an assignment for the benefit of creditors, or 1 (i) For any other cause whatsoever, fails to carry on the work in an acceptable manner. 1 Should the Owner 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. 1 If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon consideration of the facts 1 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 prosecution of the work out of the hands of the Contractor. The Owner may 1 appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Owner will be required for the completion of said contract in 1 an acceptable manner. 1 GP - 43 1 1 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 to the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80 -10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses (when not otherwise included in the contract), and moving equipment and material to and from the job will be considered, the intent being that an equitable settlement will be made 3 with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Owner. 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. 1 1 1 1 1 1 GP - 44 1 1 1 1 SECTION 90 • MEASUREMENT AND PAYMENT 1 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will ' be measured by the Engineer, or his authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of 1 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 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 1 fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot 1 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. 1 In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate and 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 avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designated 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 weighted empty daily at such times as the 1 Owner directs, and each truck shall bear a plainly legible identification mark. Material to be measured by volume in the hauling vehicle shall be measured therein at ' the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Owner, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity and all loads shall be leveled when vehicles arrive at the point of 1 delivery. When requested by the Contractor and reviewed by the Engineer in writing, material ' specified to be measured by the cubic yard may be wieghed and such weights will be converted to cubic yards for payment purposes. Factors for conversation from weight measurements 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. GP - 45 1 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. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (MFBM) 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. 1 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 FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduits, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. • Materials which are proportioned or measured and paid for by weight shall be weighed on certified scales. Scales shall be accurate within one -half percent to 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 one percent of the nominal rated capacity of the scale, but not less than one pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and inspector can safely and conveniently view them. Scale installation shall have available, ten standard fifty -pound weights for testing the equipment or suitable weights and devices or other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. GP -46 1 1 1 1 Scales "outweighing" (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 designed as the pay quantities in the contract, they shall be the final quantities for which payment for ' such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for 1 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 (bid price) 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 1 specifications. 90 -03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance except as provided for in the subsection titled ALTERATION OF WORK ' AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his ' unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Owner shall have the right to omit from the work (order nonpreformance) any contract item, except major contractor items, in the best interest of the Owner. Should the Owner omit or order nonpreformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices 1 GP -47 1 1 for any work actually completed and acceptable prior to the Owner's order to omit or nonpreform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Owner's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinabove 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 Owner'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 and amount of such costs. 3 90 -05 PAYMENT FOR EXTRA 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 such 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 as follows: (a) Labor. For all labor (skilled and unskilled) and foremen in direct charge of a specific force account item, the Contractor shall receive the rate of wage (or scale) for every hour that such labor or foremen is actually engaged in the specific force account work. Such wage (or scale) shall be agreed upon in writing before beginning the work. The Contractor shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits and other benefits, when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work. An amount equal to 15 percent of the sum of the above items will also be paid the Contractor. (b) Insurance and Taxes. For property damage, liability and workmen's compensation insurance premiums, unemployment insurance contributions, and social security taxes on the force account work the Contractor shall receive the actual cost, to which cost (sum) five percent will be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such insurance and taxes. (c) Materials. For materials accepted by the Owner and used, the Contractor shall receive the actual cost of such materials delivered on the work, including transportation charges paid by him (exclusive of machinery rentals as hereinafter set forth), to which cost (sum) 15 percent will be added. (d) Equipment. For any machinery or special equipment (other than small tools) including fuel and lubricants, plus transportation costs, the use of which has been authorized by the Owner, the Contractor shall receive the rental rates agreed upon in writing before such work is begun for the actual time that such equipment is committed to the work, to which rental sum 15 percent will be added. GP -48 1 1 1 1 (e) 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. 1 (f) Comparison of Records. The Contractor and the Owner shall compare records of the cost of force account work at the end of each day. Agreement shall be 1 indicated by signature of the Contractor and Owner or their duly authorized representatives. (g) Statements. No payment will be made for work performed on a force ' account basis until the Contractor has furnished the Owner 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 1 for each unit of machinery and equipment. (3) Quantities of materials, prices and extensions. 1 (4) Transportation of materials. ' (5) Cost of property damage, liability and workmen's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by receipted invoice for all materials ' used and transportation charges. However, if materials used on the force account are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 1 The additional payment, based on the percentages specified above, shall constitute full compensation for all items of expense not specifically provided for the force account work. The total payment made as provided above shall constitute full compensation 1 for such work. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each ' month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in ' accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. ' No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. ' From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. GP - 49 1 When not less than 959E 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 section titled ACCEPTANCE AND FINAL PAYMENT of this section. 90 -07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: (a) The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. (b) The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. (c) The Contractor has furnished the engineer with satisfactory evidence that the material and transportation costs have been paid. (d) The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. (e) The Contractor has furnished the Owner evidence that the material so 3 stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time 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. GP -50 1 1 1 1 The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. ' 90 -08 ACCEPTANCE AND FINAL PAYMENT. Before the final payment is made, the Contractor shall show to the Owner satisfactory evidence that all just liens, claims, and demands of his employees and of other parties from whom materials used in the construction of the work have been purchased or procured, are fully satisfied and shall execute and furnish a release of lien of the form included with the contract documents. ' Before acceptance and final payment is made, the Contractor shall furnish to the Owner a guarantee to remain in full force and effect for a period of one (1) year from the date of the acceptance of the project by the Owner which shall provide that the Contractor shall repair or replace for said period of one year, all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the contract, and made good all defects thereof that have become apparent before the expiration of one year. Such guarantees shall be covered by the surety bond. If any part of the project, in the opinion of the Owner for the reasons stated above, needs to be replaced, repaired or made good during that time, he shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work ' within five (5) days from the date of service of such notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his surety. Before the surety bond is released, the Owner shall certify in writing that the 1 foregoing obligations have been fully discharged. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the ' final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his objections to the final estimate which are based on disputes in measurements or computations of the final ' quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within thirty (30) calendar ' days of the Contractor's receipt of the Engineer's final estimate. If, after such thirty - 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 1 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 1 the subsection titled CLAIMS FOR ADJUSTMENT 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. 1 GP -51 1 1 1 ITEM G -100 MOBILIZATION Description 100 -1.1 1 The work specified in this section consists of the preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and ' incidentals to the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities, as required by these specifications, and State and local laws and regulations. The costs ' of bonds and any required insurance and any other preconstruction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this section. 1 Method of Measurement 100 -2.1 The work and incidental costs covered under this Section will be paid for at the Contract lump sum price for the item of Mobilization. 1 Partial Payments will be made therefor in accordance with the following: % of Original Allowable % of Contract Amount Lump Sum Price Earned For the Item 1 5 25 10 50 25 75 ' 50 100 The standard retainage, as specified in Section 90 -06, will be applied to these allowances; partial payments made on this item shall in no way act to preclude or limit 1 any of the provisions for partial payments otherwise provided for by the Contract. 1 Basis of Payment ' 100 -3.1 Payment shall be made under: 1 Item G- 100 -3.1 Mobilization - per lump sum. 1 G -100 - 1 1 1 ITEM L -101 INSTALLATION OF AIRPORT ROTATING BEACONS 1 Description ' 101 -1.1 This item shall consist of airport rotating beacons furnished and installed in accordance with this specification at the location and shall conform to the design and dimensions shown in the plans. This work shall include the mounting, leveling, wiring, painting, servicing, and testing of the beacon and all materials and incidentals 1 necessary to place the beacons in operating condition as a completed unit to the satisfaction of the engineer. 1 Equipment and Materials 1 101 -2.1 GENERAL. (a) Airport lighting equipment and materials covered by FAA specifications shall have the prior approval of the Federal Aviation Admnistration, Airports Service, Washington, D.C. 20590, and shall be listed in Advisroy Circular 150/5345 -1, Approved Airport Lighting Equipment. 1 (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the engineer. 101 -2.2 BEACON. The airport rotating beacon shall conform to Advisory Circular 150/5345 -12, specification for an L -802A, CLASS I, HIGH INTENSITY, 36" ' ROTATING, DOUBLE ENDED TYPE AIRPORT BEACON. The Beacon shall have one ADDW Metal Halide lamp, alternating green and clear at a rate of 24 -1/2 flashes per minute, with teltale circuit (lamp failure relay) to automatically illuminate L -810 red obstruction lights indicating beacon lamp failure. Beacon shall be Model No. "65000 -G" as manufactured by CROUSE -HINDS LIGHTING, or equal. 1 101 -2.3 SAFETY SWITCHES. Safety switches shall conform to the requirements of Federal Specification W -S -865. 101 -2.4 WEATHERPROOF CABINETS. The weatherproof cabinets shall conform to ' National Electrical Manufacturers Association standards and shall be NEMA 4 constructed of steel not less than No. 16 USS gauge. ' 101 -2.5 WIRE. Wire in conduit shall conform to Advisory Circular 150/5345 -7, Specification for L -824 Underground Electrical Cables for Airport Lighting Circuits for rubber insulated neoprene covered wire, or Federal Specification J -C -30, Type RHW, for rubber insulated fibrous covered wire. For ratings up to 600 volts, ' thermoplastic wire conforming to Federal Specification J -C -30, Types TW, THW, and THWN, may be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or the proposal. L -101 - 1 1 ITEM L -101 INSTALLATION OF AIRPORT ROTATING BEACONS 101 -2.6 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Federal Specification WW -C -581. 101 -2.7 PAINT. (a) Red lead priming paint for ungalvanized metal survaces and the mixing thereof shall conform to the 97% grade in Federal Specification TT -R -191. The red lead shall be furnished in paste form and delivered to the job in the original unbroken packages bearing the marker's name and brand. The raw linseed oil, turpentine, and drier shall be in accordance with the Federal specifications listed below: Raw Linseed Oil TT -L -215 Turpentine TT -T -801 Drier; Paint, Liquid, Type I TT -D -651 (b) Priming paint for galvanized metal surfaces shall be zinc dust -zinc oxide primer paint conforming to Federal Specification TT -P -641. If necessary, add not more than 1/2 pint of turpentine to each gallon. (c) Orange paint for the body and the finish coats on metal surfaces shall consist of a ready -mixed non - fading paint meeting the requirements of Federal Specification TT -P -59. The color shall be in accordance with Federal Standard 595, Aviation Gloss Orange Number 12197. (d) White paint for body and finish coats on metal surfaces shall be ready - mixed paint conforming to Federal Speicifcation TT -P -102. 101 -2.8 COMBINATION FUSED SWITCH /MECHANICALLY HELD LIGHTING CONTACTOR Provide key operated, cover mounted, hand - off -auto control switch, photoelectric relay and receptacle, rated 30 amperes, 120 VAC, with solid neutral and ground bar mounted in a NEMA 4 enclosure. Combination SW /contactor shall be Catalog No. "SMW -72" as manufactured by Square D Co., or equal. Construction Methods 101 -3.1 PLACING THE BEACON. The beacon shall be mounted on a tower, as shown in the plans. 101 -3.2 HOISTING AND MOUNTING. The beacon shall be hoisted to the mounting platform by using suitable slings and hoisting tackle. Before fastening the beacon to the mounting platform, the mounting holes shall be checked for correct spacing. Beacon base or mounting legs shall not be strained or forced out of position to fit incorrect spacing of mounting holes. The beacon shall be raised, set in position, and bolted in place. Next, the lamps shall be installed. 1 L -101 - 2 1 1 1 ITEM L -101 INSTALLATION OF AIRPORT ROTATING BEACONS 101 -3.3 LEVELING. After the beacon has been mounted in place, it shall be accurately leveled to within + 0.5 degrees of horizontal. 101 -3.4 SERVICING. Before placing the beacon in operation, the contractor shall accomplish the following: (a) Clean and polish all glassware, both inside and outside, using a type of 1 cleaner which will not scratch the lens, and clean the interior of the beacon. (b) Clean interior of beacon base and check for alignment of parts. 1 (c) Secure lamps properly in the sockets. 101 -3.5 BEAM ADJUSTMENT. After the beacon has been mounted and leveled, the elevation of the beams shall be adjusted. The final beam adjustments shall be made at night so that results can be readily observed. The beams shall be adjusted to 5° + 0.5° above horizontal. ' 101 -3.6 BEACON TOWER EQUIPMENT. The beacon is required to be mounted to a beacon tower. Any necessary obstruction lights, lightning protection equipment, 1 safety switches, and conduit and wire shall be in accordance with the plans. 101 -3.7 WIRING. The contractor shall furnish all necessary labor and materials and shall make complete electrical connections in accordance with the wiring diagram 1 furnished with the project plans. Underground cable for the power feed from the meter pole to the beacon site and duct for this cable installation shall be installed in accordance with and paid for by linear foot measurement as described in Item L -108, Installation of Underground Cable for Airports, and Item L -110, Installation of Airport Underground Electrical Duct. 1 The contractor shall connect the tell -tale relay mechanism in the beacon to energize the tower obstruction lights when failure of a beacon lamp occurs. 1 Grounding shall be as shown in the plans. Lightning protection specified in the plans as a part of this item, shall be in accordance with 103 -2.3, 103 -2.4, 103 -2.5, 103 -2.6, and 103 -3.4 in Item L -103, Installation of Airport Beacon Towers. 101 -3.8 COMBINATION FUSED SWITCH /MECHANICALLY HELD LIGHTING CONTACTOR. The contractor shall install to the meter pole, a combination fused switch /mechanically held contactor. 1 101 -3.9 CONDUIT. All wiring shall be run in not less than 3/4 -inch galvanized rigid steel conduit. No conduit shall be installed on top of a beacon platform floor. All conduit shall be installed to provide for drainage. If mounted on a steel beacon tower, L -101 - 3 1 ITEM L -101 1 INSTALLATION OF AIRPORT ROTATING BEACONS the conduit shall be fastened to the tower members with "Wraplock" straps, clamps, or approved fasteners spaced approximately 5 feet apart. 101 -3.10 PHOTOELECTRIC CONTROL. The contractor shall furnish and install an automatic control switch at the location indicated in the plans. The switch shall be a photoelectric type. It shall be a standard commercially available unit suitable for aviation service. It shall be installed, connected, and adjusted in accordance with the manufacturer's instructions. 101 -3.11 OBSTRUCTION LIGHTS. The contractor shall install, on the top of the beacon tower platform, two L -810 obstruction lights spaced 180° apart. These lights shall be mounted on conduit extensions to a height of not less than 4 inches above the top of the beacon. They shall be connected in series into the tell -tale circuit with the necessary relay and wiring connections. 101 -3.12 PAINTING. Steel mounting platforms shall be given one priming coat of red lead before erection and one body and one finish coat of aviation - orange paint after erection. All equipment installed under this contract and exposed to the weather shall be given one body and one finish coat of aviation - orange or white paint as required. This shall include beacon (except glass surfaces), beacon base, conduit, and safety switch. It shall not include lightning rods or obstruction light globes. 3 The paint shall be applied uniformly in the proper consistency by skilled painters. The finished paint shall be free from sags, holidays, and smears. Each coat of paint shall be given ample time to dry and harden before the next coat of paint is applied. A minimum of 4 days shall be allowed for drying on metal surfaces. Painting shall not be done in cold, damp, foggy, dusty, or frosty atmospheres, or when air temperature is below 40° F., nor started when the weather forecast indicates such conditions for the day. All surfaces shall be cleaned before painting. The surfaces shall be dry and free from scale, grease, rust, dust, and dirt when paint is applied. The ready -mixed paint shall be thinned for the priming and body coats in accordance with the manufacturer's recommendations. In the absence of such recommendations, the following shall apply: (a) Body Coats (for Steel Surfaces) - Add 1/2 pint of turpentine to each gallon of ready -mixed paint for body coats. (b) Finish Coats (for Steel Surfaces) - The ready -mixed paint shall be used as it comes from the container for finish coats. 101 -3.13 TESTING. The installation shall be fully tested in operation as a completed unit prior to acceptance. Tests shall include, as a minimum, operation of the beacon, obstruction lights, safety switch, lightning arrestor, and combination switch /contactor. Insulation resistance measurements shall be performed by the 1 L -101 - 4 1 1 ITEM L -101 INSTALLATION OF AIRPORT ROTATING BEACONS ' contractor with his own equipment. No conductor shall measure less than 50 megohms when totaled at 600 V. Method of Measurement 101 -4.1 The quantity to be paid for under this item shall be the number of beacons installed as completed units in place, accepted, and ready for operation. ' Basis of Payment 1 101 -5.1 Payment will be made at the contract unit price for each completed and accepted job. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L -101.5 Airport Rotating Beacon, in Place -- per unit. 1 Federal Specifications Referenced in Item L -101 1 Number Title J -C -30 Cable and Wire, Electrical (Power, Fixed Installation). ' TT -D -651 Drier; Paint, Liquid. TT -L -215 Linseed Oil, Raw, (for Use In Organic Coatings). TT -P -59 Paint. Ready- Mixed, International Orange. TT -P -641 Primer, Paint; Zinc Dust -Zinc Oxide. TT -P -102 Paint, Oil: Titanium - Lead -Zinc and Oil, Exterior, Ready - Mixed, White and Light Tints. TT -R -191 Read Lead, Dry and Paste In Oil. WW -C -581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc - Coated. Federal Std. 595 Colors L -101 -5 ITEM L -101 INSTALLATION OF AIRPORT ROTATING BEACONS FAA Specifications Referenced in Item L -101 Number Title 3 AC/150/5345 -7 Specification for L -824 Underground Cables for Airport Lighting Circuits. AC 150/5345 -12 Specification for L -802A Beacon, 36 -Inch Rotating, Double Ended Type. 1 1 1 1 1 1 1 1 1 1 1 L -101 - 6 1 1 1 ITEM L -103 INSTALLATION OF AIRPORT BEACON TOWER 1 Description 103 -1.1 This item shall consist of an airport beacon tower of the type specified or 1 shown in the plans, furnished and installed in accordance with this specification at the location and shall conform to the design and dimensions shown in the plans. This work shall include the clearing of the site, casting the tower base, erection of the tower, 1 installation of lightning protection, painting, and all incidentals necessary to place it in operating condition as a completed unit to the satisfaction of the engineer. 1 Equipment and Materials 103 -2.1 GENERAL. All equipment and materials covered by referenced specification shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the engineer. 103 -2.2 TOWER. The steel beacon tower shall conform to Advisory Circular 1 150/5340 -21, Airport 51 -Foot Tubular Beacon Tower, or an approved equal of the type specified in the proposal or shown in the plans. 1 103 -2.3 LIGHTNING ROD. The lightning rod shall consist of a copper rod with the upper end drawn to a point and of sufficient length to extend form the point of fastening to not less than 6 inches above the top of the beacon. 103 -2.4 DOWN CONDUCTOR. The down conductor cable for lightning protection shall consist of No. 8 AWG or larger bare stranded copper wire. 1 103 -2.5 GROUND ROD. The ground rods shall be of the diameter and length specified in the plans. They shall be copper clad. 103 -2.6 GROUND CLAMP. Ground clamps shall be Type GR as manufactured by the 1 Burndy Engineering Company, or equal. 103 -2.7 CONCRETE FOOTING. Concrete shall conform to the requirements of Item 1 P -610 Structural Portland Cement Concrete. 103 -2.8 PAINT. 1 (a) Priming paint for galvanized steel towers shall be zinc dust -zinc oxide primer paint conforming to Federal Specification TT -P -641. If necessary, add not more than 1/2 pint of turpentine to each gallon. 1 (b) Orange paint for the body and finished coats on metal and wood surfaces shall consist of a ready -mixed nonfading paint meeting the requirements of Federal 1 Specification TT -P -59. The color shall be in accordance with Federal Standard 595, Aviation Gloss Orange Number 12197. L -103 - 1 1 3 ITEM L -103 INSTALLATION OF AIRPORT BEACON TOWER 1 (c) White paint for steel tower shall be ready -mixed paint conforming to Federal Specification TT -P -102. 103 -2.9. Structural Steel: To conform with FAA requirements and standards for steel beacon towers. Construction Methods 103 -3.1 CLEARING AND GRADING. The site on which the beacon tower is to be erected shall be cleared and leveled. All trees and brush shall be removed from the area within a distance of 25 feet from the tower or as called for in the job plans. Stumps shall be removed to a depth of 18 inches below finished grade and the excavation filled with earth and tamped. The ground near the tower shall be leveled to permit the operation of mowing machines. The leveling shall extend at least 2 feet outside the tower. All debris removed from the tower site shall be disposed of by the contractor to the satisfaction of the engineer and in accordance with Federal, state, or local regulations. 103 -3.2 EXCAVATION. The concrete footing for the tubular beacon tower shall be installed in accordance with the structural drawings and specifications. Excavation will be required below the existing groundwater table. 103 -3.3 ERECTION. Surfaces abraded or bared of protective coating shall be painted 3 with the proper priming paint as specified in these specifications. Tubular beacon towers shall be erected in accordance with the manufacturer's recommendations. The safety cable shall be located on the side of the tower adjacent to the driveway or most accessible approach to the tower. Provide two OSHA approved climbing harnesses with mating safety cable attachments. Turn harnesses over to Airport Manager 103 -3.4 LIGHTNING PROTECTION. The contractor shall furnish and install a lightning rod, down conductor, and two ground rods for the beacon tower. The lightning rod shall be installed at the top of the tower with the tip of the rod extending not less than 6 inches above the top of the beacon. Down - conductor cables shall be securely fastened to the surface of the tower leg at 5- foot intervals with suitable bronze fasteners having bronze or noncorrosive metal bolts. Sharp turns or bends in the down conductor will not be permitted. All connections of cable to cable, cable to lightning rods, and cable to ground plates or rods shall be made with approved type solderless connectors or noncorrosive metal and shall be of substantial construction. 1 L -103 - 2 1 1 1 ITEM L -103 INSTALLATION OF AIRPORT BEACON TOWER 1 1 The down- conductor cable shall be securely attached to ground rods (min. 3/4" diam. x min. 10' long) placed at least 2 feet away from the tower foundations. The ground rods shall be driven into the ground so that the top is at least 6 inches 1 below grade. The complete lightning protection installation shall be accomplished to the 1 satisfaction of the engineer. The resistance to ground of any part of the lightning protection system shall not exceed 25 ohms. 1 103 -3.5 PAINTING. The contractor shall furnish all materials and labor for painting the beacon tower. The color scheme for the steel tower shall be as shown in the plans. (a) Parts to be Painted. Tower parts (except those parts to be exposed to 1 earth) shall not be treated or primed before erection. All tower parts placed below ground level or within 12 inches above ground level shall be given two coats of approved bituminous paint. 1 The paint shall be applied uniformly in the proper consistency by skilled painters. The finished paint shall be freen from sags, holidays, and smears. Division lines between colors shall be sharply defined. Each coat of paint shall be given ample time to dry 1 and harden before the next coat is applied. A minimum of 4 days shall be allowed for drying on metal surfaces. Painting shall not be done in cold, damp, foggy, dusty, or frosty atmospheres, or when air temperature is below 40 ° F, nor started when the 1 weather forecast indicates such conditions• for the day. All surfaces shall be cleaned before painting. The surfaces shall be dry and free from 1 scale, grease, rust, dust, and dirt when paint is applied. The number of coats of paint applied shall be in accordance with the following instructions: 1 (b) Steel Towers, Galvanized. One priming coat of zinc dust -zinc oxide P rimer after erection and one body and one finish coat of white or orange paint (as required by the color scheme) applied after erection. The above specified orange and white ready -mixed paints shall be thinned for the body 1 coats in accordance with the manufacturer's recommendations. In the absence of such recommendations, the following shall apply: (c) Body Coats. Add not more than 1/2 pint of turpentine to each gallon of 1 ready -mixed paint for body coats. (d) Finish Coats. The ready -mixed paint shall be used as it comes from the container for finish coats. 1 L -103 - 3 1 1 ITEM L -103 INSTALLATION OF AIRPORT BEACON TOWER Method of Measurement 103 -4.1 The quantity to be paid for under this item shall be the competed airport beacon tower installed as specified in place, accepted, and ready for operation. 1 Basis of Payment 103 -5.1 Payment will be made at the contract unit price for the completed and accepted job. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L- 103 -5.1 Beacon Tower, In Place - - Lump Sum. Federal Specifications Referenced in Item L -103 Number Title TT -D -651 Drier, Paint, Liquid. TT -L -215 Linseed Oil, Raw (for Use in Organic Coatings). TT -P -59 Paint; Ready -Mixed International Orange. TT -P -102 Paint, Oil: Titanium - Lead -Zinc and Oil, Exterior, Ready- Mixed, 1 White and Light Tints. TT -P -641 Primer Coating; Zinc Dust -Zinc Oxide (for Galvanized Surfaces). TT -R -191 Red Lead, Dry and Paste In Oil. TT -T -801 Turpentine; Gum Spirits, Steam Distilled, Sulphate Wood, and Destructively, Distilled. Fed. Std. 595 Colors. 1 1 L -103 - 4 1 ITEM L -103 INSTALLATION OF AIRPORT BEACON TOWER 1 1 Military Specifications Referenced in Item L -103 ' Number Title MIL -T -8637 Tower and Extension, Aerial Navigation Beacon. 1 FAA Specification Referenced in Item L -103 1 Number Title AC 150/5340 -21 Airport 51 -Foot Tubular Beacon Tower. 1 1 1 1 1 1 1 1 1 L -103 - 5 1 1 ' ITEM L -108 INSTALLATION OF UNDERGROUND CABLE FOR AIRPORTS Description 108 -1.1 This item shall consist of underground cable furnished and installed in accordance with this specification at the locations and in accordance with the design, dimensions, and details shown in the plans. This item shall include the excavation and ' backfill of the trench and the installation of cable and counterpoise wire in trench, duct or conduit. It shall include splicing, cable marking, and testing of the installation and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the engineer. This item shall not include the installation of the duct or conduit. Equipment and Materials 108 -2.1 GENERAL. (a) Airport lighting equipment and materials covered by FAA specifications 1 shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591, and shall be listed in Advisory Circular 150/5345 -1, Approved Airport Lighting Equipment. 1 (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the engineer. 108 -2.2 CABLE. Underground cable shall conform to the requirements of Specifications for L -824, Underground Electrical Cables for Airport Lighting Circuits. 1 The following types are covered in Specification L -824: (a) Type A -- Single and multiple conductor cable with 600 -volt performance 1 type insulation with an overall neoprene jacket. (b) Type B -- Single and multiple conductor cable with 3,000- or 5,000 -volt "Ozone Resistant" insulation with an overall neoprene jacket. All cable for airport ' lighting service shall be stranded viz: 600 -volt -- 7- strand; 3,000- and 5,000 -volt -- 19 strand. For power cable, conductor size shall be not less than No. 12 AWG. These limits on conductor sizes shall not apply to leads furnished by manufacturers on transformers and fixtures. If telephone control cable is specified, copper shielded, polyethylene insulated and jacketed, No. 19 AWG telephone cable conforming to the United States Department of Agriculture, Rural Electrification Administration (REA) Bulletin 345 -14, REA Specification for Fully Color- Coded, Polyethylene Insulated, Double Polyethylene - Jacketed Telephone Cables for Direct Burial, shall be used. ' Where counterpoise conductors are to be installed and where soil conditions would adversely affect bare copper wire, thermoplastic wire conforming to Federal 1 Specification J -C -30, Type TW, 600 -volt, may be used. Cable type, size, number of conductors, strand and service voltage shall be as specified in the plans. L -108 - 1 1 1 108 -2.3 BARE COPPER WIRE (Counterpoise). Bare copper wire for counterpoise 1 installations shall be stranded wire conforming to ASTM Specifications B3 and B8. 108 -2.4 CABLE CONNECTIONS. In -line connections of underground primary cables shall be of the type called for in the plans, and shall be one of the types listed below. (a) The Cast Splice. A cast splice, employing a plastic mold and using epoxy resin equal to that manufactured by Minnesota Mining and Manufacturing Company, "Scotchcast" Kit No. 82 - -A, or as manufactured by Hysol Corporation, "Hyseal Epoxy Splice" Kit No. E1135, for potting the splice is approved. This means of splicing is the only type approved for telephone control cable. 1 (b) The Vulcanized Splice. A vulcanized splice employing Joy Manufacturing Company's Vulcanizing Kit No. X- 1604 -8 or equal is approved for field vulcanized splices. The proper molds for various cable sizes shall be used. (c) The Field - attached Plug -in Splice. Figure 14 of Specification for L -823 Plug and Receptacle, Cable Connectors, employing connector kits, is approved for field attachment to single conductor cable. (d) The Factory- molded Plug -in- Splice. Specification for L -823 Connectors, i Factory- Molded to Individual Conductors, are approved. 108 -2.5 CONCRETE. Concrete for cable markers shall conform to Specification Item P -610, "Structural Portland Cement Concrete." Construction Methods 108 -3.1 GENERAL. The contractor shall install the specified cable at the locations indicated in the airport lighting layout plans. Cable connections between lights will be permitted only at the light locations for connecting the underground cable to the primary leads of the individual insulating transformers. The contractor shall be responsible for providing cable in continuous lengths for home runs or other long cable runs without connections. 108 -3.2 INSTALLATION IN DUCT OR CONDUIT. This item includes the installation of the cable in duct or conduit as described below. The maximum number of voltage ratings of cables installed in each single duct or conduit, and the current - carrying capacity of each cable shall be in accordance with the latest National Electric Code, or the code of the local agency having jurisdiction. The contractor shall make no connections or joints of any kind in cables installed in conduits or ducts. 1 The duct or conduit shall be installed as a separate item in accordance with Item L- 110, "Installation of Airport Underground Electrical Duct." The contractor shall make sure that the duct is open, continuous, and clear of debris before installing cable. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation, or damage to the other protective covering. The ends of all 1 L -108 - 2 1 1 1 cables shall be sealed with moisture -seal type before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a duct under the same contract, all cable shall be pulled in the duct at the 1 same time. The pulling of a cable through ducts or conduits may be accomplished by handwinch or power winch with the use of cable grips or pulling eyes. Pulling tensions should be governed by recommended standard practices for straight pulls or bends. A lubricant recommended for the type of cable being installed shall be used where pulling lubricant is required. Duct or conduit markers temporarily removed for excavations shall be replaced as required. 1 108 -3.3 TRENCHING. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. 1 Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Road patrols or graders shall not be used to excavate ' the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Unless otherwise specified, cable trenches shall be excavated to a minimum depth of 18 inches below finished grade, except as follows: (a) The minimum depth shall be 36 inches under pavement unless otherwise indicated on the plans. 1 The contractor shall excavate all cable trenches to a width not less than 6 inches. The trench shall be widened where more than two cables are to be installed parallel in the ' same trench. Unless otherwise specified in the plans, all cables in the same location and running in the same general direction shall be installed in the same trench. When rock excavation is encountered, the rock shall be removed to a depth of at least 1 3 inches below the required cable depth and it shall be replaced with bedding material of earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch sieve. The contractor shall ascertain the type of soil or rock to be excavated 1 before bidding. All excavation shall be unclassified. 108 -3.4 INSTALLATION IN TRENCHES. The contractor shall not use a cable plow for 1 installing the cable. Mechanical cable- laying equipment may be used in conjunction with a trenching machine if specified on project plans and specifications; and it should provide for physical inspection of cable prior to backfilling. Sharp bends or kinks in the cable shall not be permitted. 1 Cables shall be unreeled in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable shall not be unreeled and pulled into the trench from one end. Where two or more cables are laid parallel in the same trench, they shall be placed laterally a minimum distance of 3 inches apart, and the trench shall be widened 1 sufficiently to accomplish this. Cables crossing over each other shall have a minimum of 6 -inch vertical displacement 1 with the topmost cable depth at or below the minimum required depth for finished grade. L -108 - 3 1 Not less than 3 feet of cable slack shall be left on each side of all connections, 1 insulating transformers, light units, and at all other points where cable is connected to field equipment. The slack cable shall be placed in the trench in a series of S curves. Additional slack cable shall be left in runway light bases, handholes, manholes, etc., 1 where it is required to bring the cable above ground level to make connections. The amount of slack cable shall be not less than 16 inches. 108 -3.5 BACKFILLING. After the cable has been installed, the trench shall be backfilled 3 inches deep, loose measurement, with sand containing no mineral aggregate particles that would be retained on a 1/4 -inch sieve. This layer shall not be compacted. The second layer shall be 5 inches deep, loose measurement, and shall contain particles that would be retained on a 1 -inch sieve. The remainder of the backfill shall be excavated or imported mineral and shall not contain stone or aggregate larger than 4 inches maximum diameter. The third and subsequent layers of the backfill shall not exceed 8 inches in maximum depth, loose measurement. The second, and subsequent layers shall be thoroughly tamped and compacted to at least the density of the adjacent undisturbed soil, and to the satisfaction of the engineer. If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be recorded and disposed of in accordance with instructions issued by the engineer. 108 -3.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction, and other work shall be restored to its original condition. The restoration shall include any necessary topssoiling, fertilizing, liming, seeding, sodding, sprigging or mulching. The contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. 108 -3.7 CABLE MARKERS. The location of runway light circuits shall be marked by concrete slab markers. Each cable run from the line of runway lights to the equipment vault shall also be marked at approximately every 200 feet along the cable run, with an additional marker at each change of direction. All other cable buried directly in the earth shall be marked in the same manner. The contractor shall not install slab markers where cable lies in straight lines between observation light poles which are spaced 300 feet apart, or less. Cable markers shall be installed immediately above the cable. The Contractor shall impress the word "CABLE" and directional arrows on each cable marking slab. The letters shall be approximately 4 inches high and 3 inches wide, with width of stroke 1/2 inch and 1/4 inch deep. 108 -3.8 SPLICING. Connections of the type shown in the plans shall be made by experienced personnel regularly engaged in this type of work and shall be made of as follows: 1 L -108 - 4 1 1 1 (a) Field- Attached Plug -in Splices. These shall be assembled in accordance with manufacturer's instructions. These splices shall be made of plugging directly into mating connections. In all cases the joint where the connectors come together shall be 1 encapsulated with scotchcast epoxy resin. 108 -3.9 BARE COUNTERPOISE WIRE INSTALLATION AND GROUNDING FOR 1 LIGHTING PROTECTION. A standard bare copper wire, No. 8 AWGB minimum size, shall be installed for lightning protection of the underground cables. The bare counterpoise wire shall be installed in the same trench for the entire length of the insulated cables it is designed to protect, and shall be placed at a distance of 1 approximately 4 inches above the insulated cable. The counterpoise wire shall be securely bonded to each light fixture base, or mounting stake. The counterpoise wire shall be exothermically welded to stainless steel ground rods installed not more than 1,000 feet apart around the entire circuit. The ground rods shall be of the length and diameter specified in the plans, but in no case shall they be less than 10 -feet long nor less than 3/4 inch in diameter. Ground rods shall also be installed at each handhole, ' and manhole or pull box. 108 -3.10 TESTING. The contractor shall furnish all necessary equipment and appliances for testing the underground cable circuits after installation. The 1 contractor shall test and demonstrate to the satisfaction of the engineer the following: (a) That all lighting power and control circuits are continuous and free from ' short circuits. (b) That all circuits are free from unspecified grounds. 1 (c) That the installation resistance to ground of all nongrounded series circuits is not less than 50 megohms. ' (d) That the insulation resistance to ground of all nongrounded conductors of multiple circuits is not less than 50 megohms. 1 (e) That all circuits are properly connected in accordance with applicable wiring diagrams. (f) That all circuits are operable. Tests shall be conducted that include 1 operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. ' (g) That the resistance to ground at any counterpoise location or ground rod be less than twenty -five ohms. Method of Measurement 108 -4.1 The quantity of trench to be paid for shall be the linear feet of trench, including the excavation, backfill, and reconditioning, completed, measured as 1 excavated, and accepted as satisfactory. When specified in the proposal, separate measurement shall be made for trenches of 1 various specified widths. L -108 - 5 1 108 -4.2 The footage of cable or counterpoise wire installed in duct or conduit to be 1 paid for shall be the number of linear feet measured in place, completed, ready for operation, and accepted as satisfactory. 108 -4.3 The quantity of ground rods to be paid for shall be the number of ground rods including grounding connectors, driven and installed, tested for resistance, and accepted as satisfactory. Basis of Payment 108 -5.1 to 5.5 Payment will be made at the contract unit price for cable trenching; cable and bare counterpoise wire installed in trench or duct in place; and ground rods including grounding connectors driven and installed in place by the contractor and accepted by the engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L- 108 -5.1 Cable Trench —per linear foot. Item L- 108 -5.2 Underground Cable, installed in duct or conduit - -per linear foot. Item L- 108 -5.3 Bare Counterpoise Wire, installed in trench or duct. Item L- 108 -5.4 Ground Rods, driven and installed in place - per each. FAA Specifications Referenced in Item L -108 Number Title AC 150/5345 -7 Specification for L -824 Underground Electrical Cables for Airport Lighting Circuits. AC 150/5345 -26 Specification for L -823 Plug and Receptacle Cable Connectors. Federal Specifications Referenced in Item L -108 Number Title 1 J -C -30 Cable and Wire, Electrical Power, Fixed Installation. 1 1 1 L -108 - 6 1 1 1 ASTM Specifications Referenced in Item L -108 Number Title 1 B -3 Soft or Annealed Copper Wire. B -8 Concentric - Lay- Stranded Copper Conductor, Hard, Medium -Hard, or Soft. 1 1 1 1 1 1 1 1 1 1 1 1 1 L -108 -7 1 ITEM L -110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT 1 Description ' 110 -1.1 This item shall consist of underground electrical ducts installed in accordance with this specification at the locations and in accordance with the dimensions, designs, and details shown in the plans. This item shall include the installation of all underground electrical ducts or underground conduits. It shall also include all t trenching, backfilling, removal, and restoration of any paved areas; manholes, concrete encasement, mandreling installation of steel drag wires and duct markers, capping and the testing of the installation as completed duct system ready for 1 installation of cables, to the satisfaction of the engineer. Equipment and Materials 1 110 -2.1 GENERAL. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when so requested by the engineer. 110 -2.5 STEEL CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Fed. Spec. WW -C -581. 1 110 -2.6 CONCRETE. Concrete shall conform to Item P -610, Structural Portland Cement Concrete, using 1 -inch maximum size coarse aggregate. 1 110 -2.7 PLASTIC CONDUIT. Plastic conduit and fittings shall conform to the requirements of Fed. Spec. W -C -1094 and shall be one of the following, as specified in the proposal: ' (a) Type I - Suitable for underground use either directly in the earth or encased in concrete. 1 (b) Type II - Suitable for either above ground or underground use. Construction Methods 110 -3.1 GENERAL. The contractor shall install underground ducts at the approximate 8'i' PP locations indicated in the airport layout plans. The engineer shall indicate specific locations as the work progresses. Ducts shall be of the size, material and type indicated in the plans or specifications. Where no size is indicated in the plans or specifications, the ducts shall be not less than 3 inches inside diameter. All duct lines ' shall be laid so as to grade toward handholes, manholes and duct ends for drainage. Grades shall be at least 3 inches per 100 feet. On runs where it is not practicable to maintain the grade all one way, the duct lines shall be graded from the center in both 1 directions toward manholes, handholes, or duct ends. Pockets or traps where moisture may accumulate shall be avoided. The contractor shall mandrel each duct. An iron -shod mandrel, nt more than 1/4 -inch 1 smaller than the bore of the duct shall be pushed through each duct by means of jointed conduit rods. The mandrel shall have a leather or rubber gasket slightly larger than the duct hole. 1 L -110 - 1 1 All ducts installed shall be provided with a No. 10 gauge galvanized iron or steel drag 1 wire for pulling the permanent wiring. Sufficient length shall be left in manholes or handholes to bend the drag wire back to prevent it from slipping back into the duct. Where spare ducts are installed, as indicated on the plans, the open ends shall be 1 plugged with removable taper plugs, designed by the duct manufacturers, or with hardwood plugs conforming accurately to the shape of the duct and having the larger end of the plug at least 1/4 -inch greater in diameter than the duct. 1 All ducts shall be securely fastened in place during construction and progress of the work and shall be plugged to prevent seepage of grout, water or dirt. Any duct section having a defective joint shall not be installed. 1 All ducts, except steel conduit, installed under runways, taxiways, aprons, and other paved areas shall be encased in a concrete enveloped. 1 Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for duct may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that minimum of shoulder surface is disturbed. Blades of road patrols or graders shall not be used to excavate the trench. The contractor shall ascertain the type of soil or rock to be excavated before bidding. All excavation shall be unclassified. 110 -3.2 DUCTS ENCASED IN CONCRETE. Unless otherwise shown in the plans, concrete - encased ducts shall be installed so that the top of the concrete envelope is not less than 18 inches below the finished subgrade where installed under runways taxiways, aprons, or other paved areas, and not less than 18 inches below finished grade where installed in unpaved areas. Ducts under paved areas shall extend at least 3 feet beyond the edges of the pavement or 3 feet beyond any underdrains which may be installed alongside the paved area. Trenches for concrete - encased ducts shall be opened the complete length before concrete is laid so that if any obstructions are encountered, proper provisions can be made to avoid them. All ducts for concrete encasements shall be placed on a layer of concrete not less than 3 inches thick prior to its initial set. Where two or more ducts are encased in concrete, the contractor shall space them not less than 2 inches apart (measured from outside wall to outside wall) using spacers applicable to the type of duct. As the ducts laying progresses, concrete not less than 3 inches thick shall be placed around the sides and top of the duct bank. End bells or couplings shall be installed flush with the concrete encasement where required. When specified, the contractor shall reinforce the bottom side and top of encasements with steel reinforcing mesh or fabric or other approved metal reinforcement. When 1 directed, the contractor shall supply additional supports where the ground is soft and boggy, where ducts cross under roadways, or where otherwise shown on the plans. Under such conditions, the complete duct structure shall be supported or reinforced concrete footings, piers, or piles located at approximately 5 -foot intervals. 110 -3.3 DUCTS WITHOUT CONCRETE ENCASEMENT. Trenches for single -duct lines shall be not less than 6 inches nor more than 12 inches wide, and the trench for 2 or more ducts installed at the same level shall be proportionately wider. Trench bottoms for ducts without concrete encasement shall be made to conform accurately to grade so as to provide uniform support for the duct along its entire length. 1 L -110 - 2 1 1 A layer of fine earth material, at least 4 inches thick (loose measurement) shall be ' placed in the bottom of the trench as bedding for the duct. The bedding material shall consist of soft dirt, sand or other fine fill, and it shall contain no particles that would be retained on a 1/4 inch sieve. The bedding material shall be tamper until firm. Unless otherwise shown in plans, ducts for direct burial shall be installed so that the tops of all ducts are at least 18 inches below the finished grade. When two or more ducts are installed in the same trench without concrete encasement, they shall be spaced no less than 2 inches apart (measured from outside wall to outside wall) in a horizontal direction and not less than 6 inches apart in a vertical direction. Trenches shall be opened the complete length before duct is installed so that if any obstructions are encountered, proper provisions can be made to avoid them. 1 110 -3.4 DUCT MARKERS. The location of the ends of all ducts shall be marker by a concrete slab markers 2 feet square and 4 inches thick extending approximately 1 inch 1 above the surface. The markets shall be located above the ends of all ducts or duct banks, except where ducts terminate in a handhole, manhole or 'building. The contractor shall impress the word "DUCT" on each marker slab. He shall also ' impress on the slab the number and size of ducts beneath the marker. The letters shall be 4 inches high and 3 inches wide with width of stroke 1/2 -inch and 1/4 -inch deep or as large as the available space permits. 1 110 -3.5 BACKFILLING. After concrete- encased ducts have been properly installed and the concrete has had time to set, the trench shall be backfilled in at least two layers with excavated material not larger than 4 inches in diameter and thoroughly ' tamped and compacted to at least the density of the surrounding undisturbed soil. If necessry to obtain the desired compaction, the backfill material shall be moistened or aerated as required. 1 Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. 1 The trench shall be completely backfilled and tamped level with the adjacent surface: except that, when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for 1 settlement. Any excess excavated material shall be removed and disposed of in accordance with 1 instructions issued by the engineer. For ducts without concrete envelope, 8 inches of sand, soft earth, or other fine fill (loose measurement) shall be placed around the ducts and carefully tamped around and over them with hand tampers The remaining trench may be filled with regular run of excavated material and thoroughly tamped as specified above. 1 110 -3.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction and other work shall be restored to its original condition. The restoration shall include any necessary topsoiling, fertilizing, L -110 - 3 1 liming, seeding, sprigging, or mulching. The contractor shall be held responsible for 1 maintaining all disturbed surfaces and replacements until final acceptance. Method of Measurement 1 110 -4.1 The quantity of underground duct to be paid for under this item shall be the number of linear feet of duct installed, measured in place, completed and accepted. Separate measurement shall be made for the various types and sizes. Basis of Payment 110 -5.1 Payment will be made at the contract unit price for each type and size of single -way or multi -way duct completed and accepted. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L- 110 -5.1 1" Rigid Galvanized Steel U.G. Duct -- per linear foot. Federal Specifications Referenced in Item L-110 Number Title 1 W -C -1094 Conduit and Fittings; Nonmetallic, Rigid (Plastic). WW -C -581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc - Coated. 1 1 1 i 1 1 1 L -110 - 4 1 1 ITEM P -610 STRUCTURAL PORTLAND CEMENT CONCRETE 1. DESCRIPTION 1 1.1 This item shall consist of either plain or reinforced structural portland cement concrete, prepared and constructed in accordance with these specifications, at the 1 locations and of the form and dimensions shown on the plans. The concrete shall be composed of coarse aggregate, fine aggregate, portland cement, and water. 2. MATERIALS 1 2.1 General: Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be reviewed by the engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the contractor, when required, for examination and test. Materials shall be stored and handled to insure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed 1 therein. In no case shall the use of pit -run or naturally mixed aggregates be permitted. 1 Naturally mixed aggregate shall be screened and washed, and all fine and coarse aggregates shall be stored separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of e different aggregates will not be permitted. 2.2 Submittals: The following information shall be submitted to the engineer for review: 1 (a) Design Mixes: ' 1. Plant Qualification: Satisfactory evidence shall be submitted indicating compliance with the specified qualification requirements. 2. Materials: Satisfactory evidence shall be submitted indicating that 1 materials to be used, including cement, aggregates and admixtures meet the specified requirements. 3. Design Mix: The design mix to be used shall be prepared by qualified persons. The design of the mix is the responsibility of the Contractor subject to the limitations of the Specifications. Satisfactory review of this required ' submission will be regarded only as a compliance with the minimum requirements of these Specifications. Such review will in no way alter the responsibility of the Contractor to furnish concrete meeting the requirements of the Specifications relative to strength and slump. (b) Reinforcing Steel: Complete shop drawings shall be submitted for review, including bar lists and placing drawings. Drawings shall show the type, spacing and location of metal bar supports, the grade of the reinforcing and the name of the manufacturer. P -610 - 1 1 (c) Steel Airport Beacon Tower: The contractor shall submit calculations and 1 detailed shop drawings signed and sealed by a registered professional engineer indicating the wind load and foundation loading for the steel airport beacon tower. Design calcuations shall be submitted for approval at least 21 days before the materials are assembled at the job site. 2.3 Coarse Aggregate: The coarse aggregate for concrete shall meet the requirements of AASHO M 80. The percentage of wear shall be not more than 45 at 500 revolutions as determined by AASHO T96. Coarse aggregate shall be well graded from coarse to fine and shall meet the following 1 gradation requirement as shown in Table 1, using AASHO T 27. Table 1 1 Requirement for Gradation of Coarse Aggregate Sieve designation Percentage by weight passing sieves (square openings) 1 1/2" 1" 3/4" 1/2" 3/8" No. 4 No. 4 to 3/4 inch - - -- 100 90 - -100 - - -- 20 -- 55 0 - -10 2.4 Fine Aggregate: The fine aggregate for concrete shall meet the requirements of AASHO M 6. 1 The fine aggregate shall be well graded from fine to coarse and shall meet the following gradation requirements, when tested in accordance with AASHO T 27: 1 Table 2 Requirements for Gradation of Fine Aggregate Sieve designation Percentage by weight (square openings) passing sieves 3/8 inch 100 1 No. 4 95 - -100 No. 16 45 - -80 No. 30 25 - -55 No. 50 10 - - 30 No.100 2 - -10 Blending ill be permitted, if necessary, in order to meet the gradation g P � rY� �' requirements for fine aggregate. Fine aggregate deficient in the percentage of material passing the No. 50 mesh sieve may be accepted, provided that such deficiency 1 does not exceed 5% and is remedied by the addition of pozzolanic or cementitious 1 P -610 - 2 1 1 materials other than portland cement, as specified in 610 -2.6 on admixtures, in sufficient quantity to produce the required workability as reviewed by the engineer. 2.5 Cement: The cement used shall be Type I portland cement conforming to the requirements of AASHO M85. I OnIy one brand of cement shall be used throughout the work. The contractor furnish vendors' certified test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the engineer before permission 1 to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 2.6 Water: The water used in concrete shall be free from sewage, oil, acid, strong alkalies, chlorides, vegetable matter, clay and loam, and other deleterious substances. If the water is of questionable quality, it shall be tested in accordance with AASHO T26. 2.7 Admixtures: The use of any material added to the concrete mix shall be reviewed by the engineer. Before review of any material, the contractor shall submit the results of complete physical and chemical analyses made by an acceptable testing 1 laboratory. Subsequent tests shall be made of samples taken by the engineer from the supply of the material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that reviewed. 1 Pozzolanic admixtures shall be fly ash meeting the requirements of ASTM C 350 or raw or calcined natural pozzolans meeting the requirements of ASTM C 402. 1 Air - entraining admixtures shall meet the requirements of AASHO M 154. Air - entraining admixtures shall be added at the mixer at the manufacturer's prescribed rate and in the amount necessary to result in concrete at the point of placement 1 having air content within 4 percent to 6 percent. Water- reducing, set - controlling admixtures shall meet the requirements of 1 ASTM C 494, Type D, water - reducing and retarding. Water- reducing admixtures shall be added at the mixer separately from air - entraining admixtures in accordance with the manufacturer's printed instructions. Admixtures shall not contain calcium chloride. 1 2.8 Reinforcing Steel: Reinforcing steel shall conform to the requirements of ASTM Designation A 615, Deformed Grade 60, except where otherwise indicated. (a) The name of the manufacturer of the reinforcing steel shall be called out in the shop drawings together with a sketch showing a pattern of the deformation, including the mill mark. (b) Bar reinforcement shall be accurately fabricated in accordance with the latest CRSI Manual of Standard Practice. The Contractor shall have prepared and shall submit to the Engineer in sextuplicate, necessary shop drawings and bar lists. The Contractor shall be responsible for errors made in shop drawings even though approved by the Engineer. 1 P -610 - 3 1 1 3. CONSTRUCTION METHODS 1 3.1 General: The contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown in the plans and 1 specified herein. All machinery and equipment owned or controlled by the contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and review of the engineer. The contractor shall employ, at all times, a sufficient force of workmen of such experience and ability that the work can be prosecuted in a satisfactory and workmanlike manner. Concrete produced by a reputable supplier of ready -mix or transit -mix concrete, designed for a minimum compressive strength of 4,000 psi at 28 days, may be used subject to review by the engineer of the proposed design mix and other required material tests and certifications. 3.2 Concrete Proportions: The concrete shall consist of a mixture of coarse aggregate, fine aggregate, portland cement, and water. All aggregates and bulk cement shall be measured by weight. In proportioning aggregates and mixing water, compensation shall be made for the weight of moisture in the aggregates, and this shall be determined periodically. Concrete Proportions 1 (Materials for one cubic yard of concrete) Net Cement Water Weight in Pounds Type of Content Content Dry Aggregate Slump Coarse (min. (max. Fine Total Range Aggregate bags) gallons) Aggregate Aggregate (inches) Gravel 6 35 1070 - -1190 3210 4 - -6 Crushed Stone 6 38 1220 - - 1360 3200 4 - -6 Slag 6 38 1330 - - 1470 2930 4 - -6 1 The proportions in the above table are based on the use of well - graded aggregates. If it is impossible with the aggregates selected to prepare concrete of the proper consistency without exceeding the maximum net water content specified, the total weight of aggregate shall be reduced until concrete of the proper consistency is obtained without exceeding the maximum net water content specified. However, the contractor shall not be compensated for any additional cement which may be required by such adjustment. The weights specified in the above table were calculated for aggregates of the following bulk specific gravities: Natural sand and gravel, 2.65; crushed stone, 2.70; slag 2.30. For aggregates of specific gravities differing more than + 0.02 from those given above, the weights given in the tables shall be corrected. The quantities shown for cement and water shall control, and the weights of aggregates shall be varied to secure the proper yield based on absolute volumes. When a special mix requiring a 1 P -610 - 4 1 1 1 reduction in the amount of water is desired, the quantities of aggregate shall be increased to maintain the specified yield. Concrete deposited under water shall be carefully placed in the space in which it is to remain by means of tremie or other approved method. The concrete should have the following concrete proportions: 1 Maximum water - cement ratio: 0.55 lbs /lb Minimum cement content: 752 pounds per cubic yard Slump: 7 to 9 inches The fine aggregate proportion should be 45 to 50 percent of the total aggregate. The coarse aggregate should not exceed 3/4 inch. 1 Design mix to provide normal weight concrete with a 4000 psi 28 -day compressive strength. Yield test, made in accordance with specification AASHO T 121, shall be made ' by the engineer for the purpose of determining the cement content per cubic yard of concrete. If at any time such cement content is found to be less than that specified per cubic yard, the batch weights shall be reduced until the amount of cement per cubic yard of concrete conforms to the requirements. The net mixing water shall be adjusted for the moisture contained g adjusted e c nta ed in the aggregates, and for the moisture which they will absorb, in order to determine the amount of water to be added at the mixer. The absorption of the fine and coarse aggregates shall be determined by AASHO T 84 and T 85. ' When an air - entraining agent or air - entraining portland cement is used, there will be a bulking of the mortar of the concrete due to the amount of entrained air. If necessary, the weight of the fine aggregate shall be reduced as required to keep the cement factor specified at the correct amount. The reduction in the fine aggregate shall be determined by yield tests as specified. Under average conditions, the reduction of the sand should be about 3% of the total weight of the fine and coarse aggregate. The air content of the concrete shall be between 3 and 6% by volume. The air content by volume shall be based on measurements made on concrete immediately after discharge from the mixer in accordance with AASHO T 121 or T 1 152. 3.3 Control Tests: A testing laboratory approved by the Owner will make such tests as are deemed advisable. The contractor shall pay for all tests indicating a failure to comply with the Specifications. The contractor shall keep the engineer and the laboratory informed of his schedule. Standard laboratory compressive test cylinders will be obtained by the laboratory when concrete is discharged form the mixer at the point of placing, and cylinders will be made and cured in accordance with the requirements of ASTM P -610 -5 1 Designation C 31. A set of 6 cylinders will be obtained for each type of concrete. The 1 cylinders will be cured under laboratory conditions and will be tested in two groups of three at 7 and 28 days of age, respectively in accordance with the requirements of ASTM Designation C 39. 1 The laboratory of the Owner or Owner's representative will make slump tests as it is discharged from the mixer at the point of placing. Failure to meet specified slump requirement will be sufficient cause for rejection of that batch. 3.4 Proportioning and Measuring Devices: When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be reviewed by the engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. 3.5 Consistency: The consistency of the concrete shall be checked by the slump test specified in AASHO T 119. 3.6 Mixing: Concrete may be mixed at the construction site, at a central point, or wholly or in part in truck mixers. Whichever mixing process is used, concrete of the specified proportions and consistency shall be produced. 3.7 Mixing Conditions: The concrete shall be mixed only in quantities required for immediate use. The contractor shall be held responsible for any defective work, resulting from injury in any manner during placing and curing, and shall replace such work at his expense. Retempering of concrete by adding water or any other material shall not be permitted. 1 The delivery of concrete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals. 1 3.8 Forms: Concrete shall not be placed until all the forms and reinforcements have been inspected by the engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The contractor shall bear responsibility for their adequacy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. All internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be constructed so that they can be removed without injuring concrete or concrete surface. 3.9 Placing Reinforcement: All reinforcement shall be accurately placed, as shown on the plans, and as recommended by CRSI MSP -2. Reinforcing shall be securely tied and supported to prevent displacement during concrete placement. Bars shall be 1 P -610 - 6 1 1 fastened together at intersections. Shop drawings, lists, and bending details shall be supplied by the contractor. 3.10 Embedded Items: Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 3.11 Placing Concrete: All concrete shall be placed during daylight. The concrete 1 shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been reviewed by the engineer. Concrete shall be placed as soon as practical after mixing and in no case later than 1 hour after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a distance of more than 5 feet, or depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into corners and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. Wherever practicable, foundation excavations may be dewatered and the concrete deposited in the dry. Where conditions are encountered which render it impracticable to dewater the foundation before placing concrete, other methods of placing may be used subject to the engineering review. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie. The tremie shall consist of a tube having a minimum inside diameter of ten inches, and shall be constructed in sections having tight joints. No aluminum parts which have contact with the concrete will be permitted. The discharge end shall be entirely seated at all times and the tremie tube kept full to the bottom of the hopper. When a batch is dumped into the hopper the tremie shall be slightly raised (but not out of the concrete at the bottom) until the batch discharges to the bottom of the hopper, after which the flow shall be stopped by lowering the tremie. The means of supporting the tremie shall be such as to permit the free movement of the discharge and over the entire top surface of the work, and shall permit its being lowered rapidly when necessary to choke off or retard the flow. The flow shall preferably be continuous and in no case shall be interrupted until the work is completed. Special care shall be exercised to maintain still water at the point of 1 deposit. 3.12 Defective Work: Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, the entire section shall be removed and replaced at the expense of the contractor. 3.13 Surface Finish: All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the finished top surface at the proper elevation P -610 - 7 1 and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand - cement mortar be spread over the concrete during the finishing of horizontal plane surfaces. 3.14 Drains or Ducts: Drainage pipes, conduits, and ducts that are to be encased in concrete shall be installed by the contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 4. BASIS OF PAYMENT 4.1 The bid schedule does not contain an estimated quantity for structural portland cement concrete or reinforcing steel. The performance of this work, including the furnishing of all materials and for all preparation, delivering and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item, shall not be paid for directly but shall be considered as a subsidiary obligation of the Contractor covered under the lump sum price for the Beacon Tower. TESTING AND MATERIAL REQUIREMENTS Test and short title Material and short title AASHO T 27—Gradation AASHO M 80-- Aggregate AASHO T 96 -- Abrasion AASHO M 6 -- Aggregate AASHO T 26- -Water AASHO M 85—Portland Cement AASHO T 121 - -Yield AASHO M 134 -- Air - Entrained Portland Cement AASHO T 84 -- Absorption AASHO M 151- -Slag Portland Cement Concrete AASHO T 85 -- Absorption ASTM C 350 -- Fly -Ash AASHO T 152 - -Air Content ASTM C 402 -- Pozzolans AASHO T 23-- Cylinders AASHO M 154 -- Air - Entrained Additives AASHO T 97- -Beams ASTM C 494 -- Retarder AASHO T 119 - -Slump AASHTO M 33- -Joint Material AASHTO M 90- -Joint Material AASHTO M 153- -Joint Material AASHTO M 213 - -Joint Material 1 P -610 - 8 1 1 1 AASHTO M 18- -Joint Material AASHTO M 31- -Steel 1 AASHTO M 42 —Steel AASHTO M 55- -Steel AASHTO M 137 - -Steel 1 AASHO M 144 -- Accelerator AASHO M 73 -- Cotton Mats 1 AASHO M 139 - -Paper AASHO M 171 -- Polyethylene AASHO M 182 -- Burlap 1 AASHO M 148 -- Membrane 1 END OF SECTION P -610 1 1 1 1 1 1 1 1 P -610 - 9