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03/17/2004 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 23,2004 TO: Peter Horton, Manager Monroe County Airports ATTN: FROM: Bevette Moore Airport Business Administrator Pamela G. Hanc~ Deputy Clerk ' At the March 17, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and D.L. Porter Cosntructors, in the amount of $3,244,670.21, for Hangar Development, Taxilanes and Apron, at the Key West International Airport, and approval of Change Order No. 1 which reduces the original Contract amount by $89,738.00. Enclosed are two duplicate originals of the Contract and a copy of the Change Order for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator wlo document County Attorney Finanpe Filev' .--~I'- ---- ..... CONTRACT DOCUMENTS HANGAR DEVELOPMENT, TAXILANES, AND APRON KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA - - .- A.LP. No. 3-12-0037-2203 W.P.L Nos. 4128665 & 414662 U.P.I.N. Nos. 0000169, 0000170, 0000178 PFC Application Nos. 5 and 7 URS Corporation Contract No.: 12637972.00000 - Prepared for: -- THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS - MS. DIXIE M. SPEHAR, DISTRICT 1 MR. MURRAY E. NELSON, DISTRICT 5 MR. GEORGE NEUGENT, DISTRICT 2 MR. CHARLES "SONNY" McCOY, DISTRICT 3 DR. DAVID P. RICE, DISTRICT 4 MAYOR MAYOR PROTEM COMMISSIONER COMMISSIONER COMMISSIONER - .- Prepared by: URS CORPORATION JULY 2003 - CONTRACT DOCUMENTS HANGAR DEVELOPMENT, TAXILANES, AND APRON KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA A.I.P. No. 3-12-0037-2203 W.P.I. Nos. 4128665 & 414662 U.P.I.N. Nos. 0000169, 0000170,0000178 PFC Application Nos. 5 and 7 URS Corporation Contract No.: 12637972.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MS. DIXIE M. SPEHAR, DISTRICT 1 MR. MURRAY E. NELSON, DISTRICT 5 MR. GEORGE NEUGENT, DISTRICT 2 MR. CHARLES "SONNY" McCOY, DISTRICT 3 DR. DAVID P. RICE, DISTRICT 4 MAYOR MAYOR PROTEM COMMISSIONER COMMISSIONER COMMISSIONER Prepared by: URS CORPORATION JULY 2003 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR HANGAR DEVELOPMENT, TAXILANES, AND APRON A.I.P. No. 3-12-0037-2203 W.P.I. Nos. 4128665 & 414662 U.P.I.N. Nos. 0000169, 0000170, 0000178 PFC Application Nos. 5 and 7 URS Corporation Contract No.: 12637972.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS , Prepared by: URS CORPORATION JULY 2003 TABLE OF CONTENTS DIVISI ON I........................................................................... 81 D DOCUMENTS DIVI S ION II....... ........... ............................ ................................... ... CONTRACT DIVISION III ............................................................... GENERAL PROVISIONS DIVISION IV ................................................................ SPECIAL PROVISIONS DIVISION V...................................................... TECHN ICAL SPECI FICA TIONS BID DOCUMENTS DIVISION I BID DOCUMENTS SECTION A - NOTICE OF CALLING FOR BIDS ............................................................1-2 SECTION B - INSTRUCTIONS TO BIDDERS ................................................................1-4 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS ......................................1-14 SECTION D - BID BOND ..............................................................................................1-31 SECTION E - DRUG-FREE WORK PLACE..................................................................1-33 SECTION F - PRIME BIDDER'S QUALlFICATIONS....................................................1-34 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES .................................................1-36 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM ..........................1-37 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ...................1-38 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT .........................................................1-39 SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY C RI M ES ................................................................................... .1-41 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990..................1-44 SECTION M - CERTIFICATION OF NONSEGREGATED FACILlTIES.........................I-45 SECTION N - FEDERAL WAGES DECISION...............................................................1-46 SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 ............................................................1.50 1-1 SECTION A NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on AM, the Monroe County Purchasing Office will open sealed bids for the following: , 2003 at 11 :00 Furnishing of all labor and materials and performing all work for constructing the following contract: Hanqar Develooment. Taxilanes. and Aoron Kev West International Airoort Monroe County, Florida The major items of work for the contract will be as follows: The purpose of this work is to replace the existing Hangars and their associated infrastructure located west of the terminal complex at the Key West International Airport. During this project the Contractor shall construct the new hangars building and their access (taxilanes), north to the hangars a new apron will be constructed, including the tie downs. Additionally, a new automobile parking area will be developed west to the airport terminal. Also, under this work the Contractor shall construct a new bathroom, install a new wind cone, drainage system (inlets, pipes, and wells), asphalt marking, water source, electrical power, sodding, landscaping, perform a mitigation plan, and related work. Specifications and Bid Documents may be requested from DemandStar by On via at www.demandstar.com or www.co.monroe.fl.us. or call toll-free at 1-800-711-1712. Technical questions should be directed at the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami, Florida 33126-1220; Telephone (305) 262-7466, Fax (305) 261-4017. Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope marked on the outside: "Sealed Bid for Hanqar Develooment. Taxilanes. and Aoron", addressed and delivered either in person or by mail, preferably by special delivery, registered mail to: Purchasing Office 1100 Simonton Street, Room 2-213 Key West, Florida 33040 All bids must be received by the County Purchasing Office before 11 :00 AM Seotember 17, 2003. Any bids received after this date and time will be automatically rejected. Faxed or emailed bids will also be automatically rejected. All bids must remain valid for a period of one hundred and twenty (120) days. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997). All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids. and to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this day of .2003. Monroe County Purchasin~.' Department 1-2 Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the form of a certified check or bid bond payable to the Monroe County Board of Commissioners. A public construction bond will be required for 100% of the contract price. Certification of Nonsegregated Facilities and Equal Opportunity Report Statements must be signed as included in the bid proposal. Failure to complete these forms may be grounds for rejecting bids. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. This shall include evidence of possession of a current license to perform this type of work. Non-residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida. General Contractor license is required. All bidders submitting bids for construction, improvement, remodeling or repair of public building, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.113 FS, unless exempt under Ch, 489.103 FS. A Pre-Bid Conference will be held on N/A local time, at the Key West International Airport, Terminal Building, Airport Manager Conference Room. Attendance by prospective bidders is not mandatory, but is highly recommended. The purpose of the Conference will be to answer questions and to familiarize potential bidders with the Project. 1-3 SECTION B INSTRUCTIONS TO BIDDERS 1. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent (5%) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and the Contract Documents and he shall investigate and satisfy himself as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, he may submit to the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami, Florida, 33126-1220, a written request for an interpretation of the proposed documents. Such interpretations will be made only by Addenda and a copy of each Addendum will be mailed or delivered to each bidder receiving a set of such Contract Documents. Requests for interpretation will be accepted up to fifteen (15) calendar days prior to the bid due date. 4. ADDENDA: Any Addenda issued during the preparation of bids shall be included in the Proposal and shall become a part of the Contract Documents. Subcontractor's attention must be called to these changes as well as to the effect Addenda may have on their work. 1-4 5. PREPARATION OF PROPOSAL: Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual, his name and post office address must be shown. If a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If a corporation, the Proposal must designate the state under the laws of which the corporation is chartered, the names, titles and business addresses of its officers and the one signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporation. On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column for each bid item exclusive of those items for which a fixed contract unit price and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit price (words and figures) and extension (figures only) columns. After all extensions are made, the bidder shall total the extended amounts of the bid items and show his total of the extended amounts of the bid items and show his total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Owner will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE BIDS: Where alternate designs are provided by the plans and proposal, the bidder shall enter prices only on the items for the design alternate that will be most economical for him to construct and other bid items that will be common for all alternates. The bidder shall enter the words "No Bid" in the unit price column on items for the design alternates not selected. If any item on the proposal form permits a choice between alternate specified types of materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. 1-5 Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be grounds for rejection of the proposal. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive minor irregularities in any bid. 8. BID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 9. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. Bidder shall submit "Evidence of Competency", consisting of statements covering the bidder's past experience on similar work, a list of equipment that would be available, latest financial statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's Qualification Form.) 10. AWARD OF CONTRACT: The award of the contract, should it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will be made within one hundred and twenty (120) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to the successful bidder at the address stated in his proposal. 1-6 11. RETURN OF BID BOND: All bid bonds except those of the two lowest qualified bidders will be returned promptly after the tabulation of the bids has been made and in no case will a bid bond be held longer than one hundred and twenty (120) days without the bidder's written consent. 12. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within ten (10) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within ten (10) days after notice of awa~d has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14. CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within one hundred and fifty-five (155) calendar days. This project will have six (6) phases to be completed, as follows (see Special Provision NO.2 for phasing descriptions): 1) Phase I (A) - North Automobile Parking Area. The allowed time for this phase is thirty (30) calendar days. 2) Phase I (8) - South Automobile Parking Area. The allowed time for this phase is thirty (30) calendar da.'s. 1-7 3) Phase II - Hangar Development and Taxilanes. The allowed time for this phase is seventy-five (75) calendar days. 4) Phase III - Mitigation Area. The allowed time for this floating phase is thirty (30) calendar days. 5) Phase IV (A) - Apron Resurfacing and Marking. The allowed time for this phase is twenty (20) calendar days. 6) Phase IV (B) - Grass and Drainage Area. The allowed time for this floating phase is twenty (20) calendar days. These phases shall be completed within one hundred and fifty-five (155) calendar days. If the Contractor does not comply with each phase, then a liquidated damages will apply, as per Special Provision No.3. 15. CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No.1., Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 16. BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) D. Drug-free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) F. Disclosure of Lobby Activities (Division I, Section G) G. Acknowledgment of Receipt of Addendum (Division I, Section H) H. Disadvantaged Business Enterprise (Division I, Section I) I. Bidder's Affidavit in Compliance With the Florida Trench Safety Act 1-8 (Division I, Section J) J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public Entity Crimes (Division I, Section K) . K. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) (Division I, Section L) L. Certification of Nonsegregated Facilities (Division I, Section M) M. Federal Wage Decision (Division I, Section N) N. Certification regarding Department, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, Section 0) O. Copy of Contractor's license for State of Florida P. Bidder's Statement on Insurance (Division III, Section 140) 17. MARKING AND MAILING BIDS: Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed and marked on the outside as follows: Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 Hanqar Development. Taxilanes and Apron Key West International Airport Bid Submission Bids received prior to the time of opening will be securely kept, unopened. The Owner will decide when the specified time has arrived and no bid received thereafter will be considered. No responsibility will be attached to the Owner for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. 1-9 18. WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19. BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either in person or by representation. 20. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by anyone party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 21. ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's qwn risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23. COLLUSION: If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, 1-10 convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract: Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50%) of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the contractor and the Contractor will be responsible to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 25. PERMITS: The County permit fees for the project are $ 0.00 ,which shall be an expense of the Contractor. The county cautions bidders that the contractor shall also be responsible for the permit fees of any state or federal agency having permitting jurisdiction over the project, including but not limited to, the-ACE, DNR, and DER. 26. PRE-SUBMITTALS: Pre-submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 27. SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. 28. FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of compliance with the requirements of 1-11 the Florida Trench Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 29. SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re-mobilization or re-negotiation for time delay can be made. Oepending on the bids received, certain quantities may be increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 30. PROJECT FUNDING: Work included in this proiect is beinq funded in part by the use of Passenaer Facility Charqes collected by Monroe County. in part from Federal funds under the FAA Airport Improvement Proqram (AlP). part from funds from the Work Proiect Improvement (WPI) Proqram administered bY the Florida Department of Transportation (FDOT). and part from Monroe County funds, and part from a private developer. 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are 10.04% OBE subcontractor goals for the FAA funding projects on this contract. Should any OBE subcontractors be used on this contract, the subcontractor's name, address, type of work performed and subcontract amount shall be reported as part of the project close-out documentation submitted with the information requested in Special Provision No.1, Section 25, "Project Documentation", 32. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid o~ a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1-12 33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the Florida Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 26, as amended, apply to this contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section I. 34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, 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 payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Nonsegregated Facilities as required by Section 120, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section M. 1-13 SECTION C '..-" PROPOSAL Contract BID TO: Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 BID FROM: D. L. Porter Constructors, Inc. 6574 Palmer park Circle Sarasota, FL 34238 Submitted (Date): October 17, 2003 The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County Board of Commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: HanQar Development. Taxilanes and Apron Kev West International Airport Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached Contract Documents for the unit prices listed opposite each item. 1-14 The Contractor shall complete the Schedule of Values included as Attachment "A". The Schedule shall be added and the final Iota I base bid amounl will be'~ $ Tlvuu ~ ~~,.~ ~ ~ ~pllars, , (total base bid - words) ~ j h; TA_ - -----;t /7. CJ It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions, The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of the sum of 5% of base bid dollars ($ made payable to the Monroe County Board of Commissioners. or a bid bond for ) Checkmarks x x I have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). Bid Bond The Drug-Free Workplace form. x x 1-15 x Prime Bidder's Qualifications: x List of major contracts in past 10 years x List of equipment and plant available for this project x Copy of latest financial statement Disclosure of Lobby Activities Acknowledgement of Receipt of Addendum Disadvantaged Business Enterprise Program x DBE Utilization Form "Attachment 1", Division III x DBE Letter of Intent "Attachment 2", Division III Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes Sworn Statement Under Ordinance No.1 0-1990 Certification of Non-segregated Facilities Federal Wage Decision Certification Regarding Debartment, Suspension, Ineligibility, and Voluntary Exclusion - 49 CFR Part 29 Copy of Bidder's License for State of Florida, evidence of competency and evidence of financial responsibility Bidder's Statement on Insurance x x x x x x x x x x x (Checkmark items above as a reminder that they are included.) Mailing Address: D. L. Porter Cons tructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 Phone Number: (941) 929-9400 Date: 10/17/03 Signed: (1 /c@QJ C. Marshall White (Name) Witness: Vice President ~_. ~Title) / 'L-~~ 'Paulet te Je~:l(Seal) 1-16 10/29/2003 11:23 9419299500 DL PORTER PAGE 01/19 ATTACHMENT "A" SCHEDULE OF BID ITEMS HANGAR DEVELOPMENT, TAXILANES & APRON BIDDER NAME; D,L. PORTER CONSTRUCTORS. INC. I AIRPORT NAME: KEY WEST INTERNAnONAl AIRPORT PFC APP NO.: 5., AlP NO.: 3-12-OOS1-2203 i \NIP NOS.: 4128m & 414162 UPIN NOS.: 0000181. 0000170 & 0000178 PROJECT DeSCRIPTION: HANGAR DEVELOPMENT, TAXILANES. AND APRON ---.. .........---. SPEC ESTIMATED UNIT PRICE I EXTENDED ITEM ITEM DESCAIPnON UNIT IN No. QUANTfTY NUMBERS TOTAL I o' I MobHiUtlon AT Two hundred .nctHn thousand thirtY nine 1 P.101-3.1 DoIIIIIS lS 1 Z1',D3IUS 218,D3U3 .AND 931 Cenc. AlIptlalt .-vement miRIng (0" TO 1.5") AT Nine Z P-11~.1 Doll.... IV 2510 9,70 2.,3.7.00 AND 701 Cents I Cleartng and grubbing AT Tblltv 1h...8 thouund un. IIundntd :I P.1S1-4.1 !!IDm Doll... LS 1 33,3110,00 33,310.00 AND 001 Cents Exldng henpr remOftI AT On. hundred elaht tllouand one INndI'IId . P.161-4.2 Dollars LS 1 101,120,00 108,120.00 ~NDOOI Cents A.phelt pnwment denloHtlon AT Three S P-15104.3 Dofl.B Sy tHO 3.1' 31,&72.10 AND 111 Cents 8tructu,. to " removed ATOne thousand ftv. hundred I1Ine\y . P.111~,4 Dollars EA 1 ,.......1..-... ANCOOl I Cents 1 Page 1 of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 02/19 BIDDER NAM!:: D.L. PORTER CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC A1'P NO.: 5&7 AlP NO.: 3-12.0037-2203 WIP NOS.: &128815 & 41"82 UPIN NOS.: 0000111, 0000170 . 0000171 PROJeCT DESCRIPTION: HANGAR DEVELOPMENT. TAXlLANE9. AND APRON _. SPEC ESTIMATED UNIT PRICE EXTENDED ITEM ITEM DESCRIPTION UNIT IN No. QUANTITY NUMaERS TOTAL Structure to be modified AT One thousand "In. ., P-111....5 DoII.rs SA 3 1,510.00 4,770.00 AND 001 Cenbl Removal of existing pipe (>41") I i AT,.ntv Six . 1'-151....6 Dotl.. LF 1TO 26.50 4,505.00 AND 501 Cents ExIstIng tMce to be removed AT..fIB Dollars , 1'-151-4.1 LF 430 5030 2,m.OO AND 301 Canta existing..... rwmoval AT a~ hundred thirty 10 P-1"..... Dolla,. EA 1 530.00 530.00 AND 001 Cents Unc....1fIed excavatlan I i AT Six I I 11 1'-152-4.1 00'" CY 14. 1.36 4,121.211 IIND381 Centa Borrow excavation liT ThIrtY one I 1:1 1'-152.....2 Dollars CY 1882 3UD 51,211.60 AND IOf Cenbl Page 2 of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 03/19 BIDDER NAME: D.L PORTliR CONSTRUCTORS. INC. AIRPORT NAME; KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 5&7 AlP NO.: 3.12.0031.2203 WlPNOS.: ,U 2U.5 & 414t$2 UPIN NOS.: 00001&9,0000110 & 0Cl0Cl17B PROJECT DESCRIPTION: HANGAR DEVELOPMENT, TAXI~NES. AND APRON _.".~. SPEC ESTIMATED UNIT PRICE &XT&NDID ITEM ITEM DESCRIPTION UMT IN No. QUANTITY NUMBERS TOTAl. I Tempo!'llrY air and water pollullon, soli erosion Ind sllhltlon control AT Ten Thousand Six Hundred , 13 P.1S&.5.1 Doll." LS 1 10,800.00 10.100.00 i AND 001 Cents S" Urnerock bae CO",., AT Forty fI". ,. P.211.5.1 Dollars Cy 2009 45.S1 111,570.22 AND 511 Centa BItuminous oonorwte surfllce GOUr.Ie (314'" ITlIIxlmum aSlll'88llta) 15 P-401.8.1 AT 0". hundred thirty four DoIIa,. TN 2139 134.09 310,811.51 AND otI Ce"" PDltland c....nt concrete pavement, ... thick ! 1& P.S01".1 AT ThIrty thrw SY 473 33.31 15.19U7 00111" AND3!1 Conti BitumInous prtm. co.t AT ThrH 17 P-I02-5.1 Dol..... GAL 5886 3.1' i 18,711..' I I AND ,., I Cents Bitumlnou, tICk coat AT Two thollllllnd .bl hundntd sIxtY 111 P.S03-5.1 Doll.", GAL 2000 1 2,110.011 I AND OO( I Cants I Page 3 of 12 16/29/2663 11:23 941929956e DL PORTER PAGE 64/19 BfD~R NAME: D.L. PORTER CONSTRUCTORS INC. I AIRPORT NAME: KEY WEST INTERNATIONAl. AIRPORT PFC A~P NO.: 5&7 AlP NO.: 3-12.0037.2203 WlP NOS.: 41281t5 & 414.62 UPIN NOS.: D0001&9, 0000170 & 00001711 PROJECT DESCRIPTION: HANGAR D~lOPMENT. TAX/LANES. AND APRON UNIT PRICE I - -------..-- SPEC ESTIMATED EXTENDED ITEM No. ITEM DESCRIPTION UNIT QUANTITY IN TOTAl. NUMBERS - ~ Final marking (yellow or white with reflective bMds et 100% apptlcatlon rat.) 19 P-II~O-5.1 AT Three SII 1100 3.3t 8.....'.00 Dolta... AND 381 Cents , OutfN black ptfnt (no rollecflw buds) AT Th,.. 20 P"20-5.~ Dolllrs 8F 3180 3.71 11.723.&0 AND 711 Cents 2" PVC W.r Maln AT FOttv five a1 P-702.10.1 Dollars LF 780 45.21 l5,ao:UO AND Z6I Centl Water mlltBr AT Four hundred fwNntv four I 22 P-702-10.2 Doll." EA 1 424.00 424.00 AND 001 Cents ConnKtlon to ttle existing water main AT Thre. thoYAnd one hundred .laMY i i 23 p.70a.1D.3 Dollars EA 1 3.110.00 3.180.00 , I AND 001 Cents 2" Wa.r valw AT FIYtI hundred thlrtv 24 ".702-10." OOllars EA 1 530.00 113Q..Q0 I AND 001 Cents Page" of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 05/19 BIDDER NAME: D.L PORTER CONSTRUCTORS, INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 1l&7 AlP NO.: 3.12.0037.2203 WIP NOS.: 4121115 & 41....2 UPIN NOS.: 00001",0000170 & 0000178 PROJECT DESCRIPTION: HANGAR ~lOPWNT, TAXILAN~S, AND APRON .-. - SPEC ESnMATED UNIT PRICE EXTENDED ITEM ITEM DESCRIPTION UNIT IN No. QUANTITY NUMBERS TOTAL ! "-..- I B" Duc:tllron pipe AT Seven nine 25 P.T02.10.5 Doll." LF 23 79.50 1,121.50 ANDl50I Cents ." PVC Senltary Sewttr pipe A T Fifty thrn 26 P.7lU-1.1 DollllfS LF 100 53.00 47.700.00 AND 001 Cents 1." R.lnfo~d concretll pipe (CIne V) 27 0.701-5.1 AT J:IIty one LF 24& 51.114 I Dollars 12,777.24 I AND 141 ! Cents 24" RlIInforced concrete pipe (C.... V) I AT Seventv four 21 D.701-5.2 DoIars LF 420 74.20 31,164.00 AND 201 Cents U" R.lnforced concrete pipe (etns VI 29 D.T01.s.~ AT One hundred &Ix L~ 230 10l.OG 2",310.00 Dollan AND 001 Cents Trench Drain I 30 D-70U.1 AT Two hundNd .,xtY five , Dolla" LF 8S 2&5.00 17,225.00 AND 001 Cents , Inlet fYJMIl' (unptlVed .....1 AT Two thousand ela"t hundNd ,evenlY one 20, tOO. 7. i ~1 0-751-5.1 Don..., EA 7 2,871.54 AND 541 Cellta Page 5 of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 06/19 BIDDER NAME: D.L. PDRTER CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PPC APP NO.: 5&7 AlP NO.: 3-12-0037.2203 WIP NOS,; 412'18$ & 414662 UPIN NOS.: 0000111, 0000170 & 000D178 PROJECT DESCRIPTION: HANGAR DEVELOPMENT, TAXILANES, AND APRON '- UNIT PRICE , ITEM SPEC ITEM DESCRIPTION UNIT ESTIMATED IN EXTENDED No. QUANTITY NUMaERS TOTAL I"'wt type I AT Four thou.... five hundnd sixtY t...... 4,5&3.30 32 D-751..1.2 Doll.... EA 1 4,513.30 AND 301 C.nts Sodding AT JIuD Dolle" 33 T-8G4--11.1 BY 81. 7.39 45,522.40 AND 311 Centa , 2' (LoIG7) wtnd cone, and segmented circle, In place (Including foundltlOn, ~c;naorln, excrntlon, bllcllftlllng, obstruction light, m_t. socII, and powet) 34 L-107-5.1 AT Foum.n ~ tIIaM hundrM fortY EA 1 14,140.00 1.,140.00 Dollar" AND 001 Cent. Cable tnnch AT Five 3S L,.108-6.1 Dalla,.. LF 844 ' 5.02 "231.'1 AND 021 I Cents Fum"h and In,"''' cabl. (1/1:, . SkY, L-824, type C), In trench, duct or eondult, compleet In plael I 31 L-108-8.2 ATZ"" LF 2273 .14 1.909.32 Dol... ANDW Cen~ Furnish ..,d Install eountlf1'OlM wire (16. I BSD cop,*, Itrlnded) 600 volt with ground I rod. complm In place I 31 L,-101-1I.3 AT Zero LF 2135 .73 1,558.55 Dolta" i AND 731 Cents I I i Page 6 of 12 10/29/2003 11:23 9419299501::1 DL PORTER PAGE 1117119 HIDDet NAME: o L~OIUER CONSTRUCTORS. INC. A'''POR.T NAMI!: KEY WI!ST INTI!!R.NATIONAL AIRPORT PFC APP NO.: 5&7 AlP NO.: 3-12-0037-2203 WIP NOS.: 4128615 & 41...2 UPIN NOS.: 0000119,0000170 & 0000178 PROJECT DESCRIPTION: HANGAR DEVELOPMENT. TAXIl.ANES. AND APRON -_.~...- EXTENDED I SPEC ESTIMATED UNIT PRICE ITEM ITEM DESCRIPTION UNIT IN MG. QUANTITY NUMBERS TOTAL .-....- -'.-' I 1WZ Duct (2" PVC, Schedule 40, type I) AT ThlrtRn 3. l-11O-S.1 DollalW LF 707 13.30 11..03,10 AND 101 CAnts 2W2 Concr.te ._M duct (r pvc. Schec:lu" 40, type I) 39 L-110-5.2 AT T~ two LF 45 22.28 ',001.70 Dofl." AND 2111 Centll Fuml$h and Irmall JunctlOfI box (sla D. L. 1S7, c.... I. ,Met burlng) 40 L.110.5.3 AT Nine hundnd sixtY nvon EA 2 117.25 1,136.50 Dolllrs AND 251 I Centa FurniSh and Ins..n L...7 baa can (12" dill. i Class I) cantpleCe In pI8ce I ., L-1 1 0-5.4 AT One thousand tit,.. hundnld lIlIWfttV IIIatIt EA & 1.37'.00 8,261.00 Doll." AND 001 I I Centll Fumllh lIIId Install L.a., tax.., ldOe/lght IBa.. moune.d), compl.w In .,.. 42 l-12G-5.1 ATOne tltouund on. IlUndNCIll8Y1lntV four EA t 1,174.48 10,570.32 Doll.... , AND 48/ Cents Ramon and rein..... a.latlng L..81 T taxlwaJ .. light b... mounted . J 4~ 1...125-5.2 AT four hunchd n1Mtv four EA Dollal'll ...... I 2.R7.96 l AND 1111 I Can. Page 7 of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 08/19 BIDDER NAME: D.L. POItTl!" CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 5.7 AlP NO.: 3-12.0037-2203 WlP NOS.: 41ZIIil & 414HZ UPlN NOS.: 0000119,0000170 I 0000178 PROJECT DESCRIPTfON: HANGAR DEVELOPMENT, TAXILANES, AND APRON '... SPEC ESTIMATED UNIT PRICE ~XT~N~D 'TEM No. 'TEM DESCRIPTION UNIT QUANTITY IN TOTAL NUMBERS R~ocate IJllstlng guidance sign, Including uc:avatlan, backtlUlng, foundatlan Met accetaorlet. compleCe fn place .. L-125-5.3 AT 'TWo thouuncIslx hundNcl f!t'Iv I!A 1 2.850.00 2.810.00 : 00111" AND 001 CAntll RMnoW IXIsUng guldanc. sign, Including foundation, accesllarles. backfilling Md I complCtlon " l-125-5.4 AT Two thOUlland "X hundred tlVlY IA 2 2,150.00 5,300.00 Dol... AND 001 Centa Chain link fence (1'+1') AT 1'MntY .Ix 4. F.112-5.1 Doll.,. IF 823 28.10 18,109.50 AND 5fJI Cents Drtww.y gate, comp""n p1_ i AT I4HI thOUHnd HWn hundred II. 47 F.112.5.2 Dollars EA 1 10,7111.00 10,701.00 AND 00' Centa Temporary ohaln link f,nee AT SIx 41 '.162-5.3 Doll.... u: 140 6.3& 190..0 AND 381 Centa Page 8 of 12 10/29/2003 11:23 9419299500 DL PORTER PAGE 09/19 BIDDER NAME; D.L PORTER CONSTRUCTORS. INC. AIRPORT NAME: K!;'Y WEST INTERNA nONAL AIRPORT PFC APP NO.: 5&7 AlP NO.; 3-12-0037-2203 W1P NOS.: 41281&5 & 41...2 UPIN NOS.: DOOO1", 0000170 & 000017. PROJECT DESCRIPTION: HANGAR DEVELOPMENT, TAX'LANES, AND APRON SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCM'TION UNIT QUANTITY IN TOTAL NUMBERS Double Swing OatIl (H " 7' .. 1'), 3 barbed wire, F.162-1.4 1.' -'de. compIet8 In ~ EA 1 AT Seven Hundred and 742.00 742.00 i 49 For t.y Two I 00/ Dolla" AND Cen~ TnIffic sign AT Two Hundred Sixty fiV~ 265.00 1,85S.01o 00/ Dollars EA 7 50 FOOT AND INDEX C.nlS No. 600 Curb and Gutter. Type "F" FOOT AT -rw.ntv tit,.. 51 INDEX OoIlIrs LF 1GG 23.'5 3,935.25 No. 300 AND iii Cents ConcYM8 bumlMr guard FOOT AT f.9m[ Dollan 52 INDEX EA .. 40.28 I 1,973.72 No, GOO AND .281 I Cents I Injection well (24" steel caeing drain pipe) j I I AT Nlnelllen thouslllld elaht hundred twenty I 53 5.001-5.1 Dollars EA , '9,175.00 1t,875.00 Eb!!..AND 001 Cents Reenslld fire draft weN type "A", Including I caalng 54 S.oo2-5.1 AT Nine tttouu~ two hundred s_ntv f1v. EA 4 Dollln 9,275.00 37,100.00 ' AND DOl j I Cents I Page 9 of 12 1~/29/2~~3 11:23 94192995~~ DL PORTER PAGE 16/1'3 BIDD!" NAM!: D.L PO"T!" CONSTftUCTOftS. INC. AIRPORT NAME: KEY WEST INTERNATtONAL AIRPORT PFC APP NO.: 5..7 AlP NO.: 3-12.0037.2203 W1P NOS.: 4128161 .. .,4I6Z UPIN NOS.: 0000''', OOOG170 & 0000178 PROJECT DESCRIPTION: HANGAR DEVEl.OPMENT, TAXILANES. AND APRON - _._ _","4.._.._ ........._-. .......... . ...... SPEC emMATED UNIT PRICE EXTENDED ITEM ITEM DESCRIPTION UNIT IN No. QUANTITY NUMBERS TOTAL - . ---- PrK;Ict storm dr3lnage - CDS PSWC5I.81 AT Elahty HWn theuund OM hunchd 55 S-OD3-S. 1 ."~n Doll.... EA 1 87,111.. 117,111.88 AND 161 C.nb Precast storm dr.nag. - CDS PMSlJ4O.JO AT FortY th.... thousand seven hundred 51 S.oow.Z nlMtv one Dollars EA 1 43,711.711 43,79'.711 AND 7111 Cents T .Htlngllr dewtopment (lnc:Jua rat rooms), complete In place &7 8-1000- AT Ttuw hundrwd flftv four thousand elaht LS 1 3"'151.51 354,151.51 11.1 hundred flftv lIiaht Dollan AND 511 Cenf:a 1ZD II 50 Hanpr development. campl_ In pIac. (3 units) 68 B001000- AT Four hunchd e1ahtv thrw thouaand th,.. LS 1 .'3,322.05 .113,322.05 11.2 hundnut twentv two Dolla,. AND 051 Cants 120 x &I ......r devela~ complete In pix. B-1 000- ATOne huncInNI sixty nine thouund fifty I 51 11.3 lh.... 001.,. LS 1 189,063.46 1 &9,053.48 AND 461 Cents .0 Il 70 Hangar dtJvalopment, complete In I I plaCII I I It. TOn. hundred elaNv tit_and th,... i GO 8.1000- 11.4 humlnut ...ntv one LS 1 110,321.'11 180,321.&8 Do1l8/'S AND H' I , Canta i Page 10 of 12 16/29/2663 11:23 9419299500 DL PORTER PAGE 11/19 BIDDER NAME: D,L.LPORTER CONSTRUCTORS. INe, AIRPORT NAME: K~ MST INT!'RNA TJONAL AJRPORT PFC APP NO.: 5&7 AlP NO.: 3.12.0037.2203 WIP NOS.: 4121R5 & 414&62 UPIN NOS.: 00001S', 0000170 & 0000178 PROJ~CT DESCRIPTION: HANGAR DEVELOPMENT, TAXILANES. AND APRON SPEC ESTIMATED UNIT PRICE 6XTIiNDED IT~M No. ITEM DESCRIPTION UNfT QUANTITY IN TOTAL NUMBERS 1eo lC 70 H.... developrnwrt. complete In plK. ., a.1000. AT Th.... hundred fortI: II.,. lhouNnd sI. LS 1 ~5.'30.ID 345,830.881 11.5 hunclnd thirty Dollars AND 801 Cants landscaping AT FIv. thousand one hundnld thlrtv I 0011.,.. i 12 02100-5.1 LS 1 U!O.. 5.130.40 ' AND UJI cents Concrete tie downs AT Two hundred twelw 13 Dollars EA 22 212.00 4.114.00 AND 001 Cents C.bln for tie downs AT Three 84 DoII8rs LF eoo 3.18 :U44.00 AND 18/ Centll BclI.m AT Flv. hundnHI thIrty S& Doll.", EA . 530.00 2.120.00 AND 001 C..rts Dumpster AT Six thousand nln. hundred nlnetv six I G8 DoOa... EA 1 ......00 , Uta.oo AND 001 Cents I Page 11 0(12 1B/29/2BB3 11:23 94192995BB Dl PORTER PAGE 12/19 BIDDER NAME: D.L. PORTER CONSTRUCTORS. 'HC. I i AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT I PFC APP NO.: 5&7 AlP NO.: '-12-0037-2203 I WIP NOS.: 4128115 & ..'....2 UPIN NOS.: 0000161, 0000170 & 0000171 I PROJECT DESCRIPTION: HANGAR DEVELOPMENT. TAXlLANES, AND APRON i SPEC ESTIMATED UNIT PRICE EXTENDED ITEM ITEM DESCRIPTION UNIT IN No. QUANTITY NUMBERS TOTAL - , Electric.. work I AT Sixty ftvw thousand four hundred thrH &7 DoIla" LS 1 66.403.06 85,403.08 AND 011 c.nts MItigation AT SllItv two thousand six h~odred ninety 68 three LS 1 82,813.70 82.813.70 Dollars AND 701 c.nts TOTAL BID ITEMS , THROUGH &8 S3,24S.330.2CI Page 12 of 12 Note 1: Bidder shall submit in Attachment "B" breakdown for electrical work item (Attachment "A" Item No. 67). This Attachment "B" is for informational purposes. Payment will be made at the contract lump sum price for the construction of the electrical work as shown on the plans and will include: · Conductors · Underground conduit/PVC · Transformer · Panel distribution · Electric meter · Electrical service disconnect · Electrical manhole for extension of the primary line · Pull box . Update transformer of existing primary line, 120/240 single phase · Relocate existing panel, disconnect and meter for apron lighting (cost of cable and concrete duct bank primary conduit included in the installation). Price and payment shall be full compensation for furnishing all labor, equipment, tools, and incidents necessary to complete this work. Note 2: Cost of installation for the incoming power (duct bank, hand-holes, transformer pad, transformer, and associated items) shall be paid by the Contractor via a reimbursable agreement between the Contractor and city electric. In Attachment "B" fixed unit prices are in accordance with city electric estimate. Note 3: In the event that the Owner decides to add and/or delete a portion of the work, the Attachment "B" items may be used at the specified unit price. 1-27 10/29/2003 11:23 9419299500 DL PORTER PAGE 13/19 ATTACHMENT -Sft SCHEDULE OF BID ITEMS HANGAR DEVELOPMENT, TAXI LANES & APRON 81DD.ER Ni\ME: D.L. POllTER CONS'mUCTOR5.1NC. AIRPORT NAMt: JaY WESl .mUJlNA nONAL AIJlPORT PJC APP NO.: 5&7 ^If' NO.: 3-J2-0ItJ7-UOJ WJP NOS.: 412N,"~ .. .'46112 WIN NOS.: OOOItJO, 0810170.. 01001'71 PROJECT DESClUPnON: HANCAR DEVJ:LOPM~"T, TAXILANES, AND APRON snc ES'TIM^ TfoO UNIT EX'UNDEO ITEM ITEM DESCRIPTION tlNlT PRICE IN No. QUAl"ITITY NUMBERS TOTAL .- ConduCtor lnaul.d No. I AT Zero 1 .D"llar, U' 7JO .50 JlIUO AND ~I CenlS Conductor InsUJ.tH No. 210 ATOM 2 DoDlln LF 670 1.27 .50.9. ANn 271 Crab Conductor Insuillted No. 300 rncm ATFOBr J Oo1ll1n LF 80 4.24 >>lI.2fI AND 2~ Ct." Conductor InsulatH No. 750 rncm I .. AT .tJD! DoUlln LF 105 ..sa lI8U8 AND !81 Cnlll 2W. duct anIcIPVC, Schedule 40 (4")+(1) ~,..,. (prIm.ry by city lledrfc) 5 AT ForlY two U' 7SO 0.00 31.500.00 Dellan AND Gill CelltJ I Undwground condultJPVC. Schedule 40 (r') (secondary) , AT TwclItv Ollt Lr 35 11.04 7~.40 Doll.. A.'ID 041 ! CIllU I 16/29/2663 11:23 9419299566 DL PORTER PAGE 14/19 BIDDER NAME: D.L. roRTER CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNA nONA.L AIR,ORT PFC APP NO.: Sic? AlP NO.: l-12.00J7-2W WJP Nmi.: 4118665 II 4.'661 lJPIN NOS.: 0I0016f. 0000170 ~ ooeo 178 PROJECT DESCRIPTION: HANGAR DEVELOPMENr, TAXlLANE5. ANd APRON SPEC ES11M^ TE.D UNIT EXnl'"DED ITEM ITEM D.ESCRlmON uNIT PRICE IN No. QUAI'mT'V NUMBERS TOTAL -.. Underground conduitlPVC. Schedule 40 (2") (slICandary) 7 AT Three IJF ns 3.02 1.515.50 .Dollan ! AND 021 Cea.. Tl'lIInsforrMt' (1201240, single phuel,lndude concrete ped (by elly electric) a AT Three flloUlad EA I 3,_.00 3,1100.00 DoIlan AND 001 Cell" Panel dl*,butlon, 120/240, 1P, 400 amps AT T..1l tboll...d tllree hulldrrd thirty two 9 Dellan EA 1 2,332.00 2,331.08 AND OOJ Ceass PaM! distribution, 1201240, 1P. 225 amps AT Two rlICHlftad fbM! hlldml (Ilf'ty two 10 Dllllan EA I. I 1.3n.tiCl 2.3'ue ANU6" i Crftb Panel dlatrfbutlon, 12D120C0. 1P. '125 Imps ^ T ~1Id fHrtlen 11 DollI" EA 1 2.014.llCt 2,014.00 AND 001 I CtnU Pane' dIstribution. 1ZOf240, 1P, 100 amISS ^ T Oae thoas.ad aiae Ilundrtd cilht 12 DoU.... EA 1 1.'01.00 : I ,'/l8.M AND 001 Cr."', Penel dlstrtbuUon, 120lUO. 1P, 30 limps AT Oae tMlltlead aft bandred thlrteea n DoIla" EA I ' 1.113.00 1,II.J.00 AND 001 I Cellft I 10/29/2003 11:23 9419299500 DL PORTER PAGE 15/19 BIDDER NAME: D.L PORTU CONSTRq;TORS. INC. AIRPORT NAME: KEY WEST INTERN" TJON"(. "'RPORT rFC AlP NO.: 5&7 AlP NO.: 3-12-01137-2203 w.nr NOS.: 412'"5 " 414HZ U,IN Nos.: 00001'9. OOHI70 .. 000017. PRO.JF.CT O:ESCRIYIlON: HANGAR DEVELOPMENT. TAXlLAi'lf:S. AND APRON .. SPEC ESTIMATED UNIT EXTENOID ITEM ITEM DE5CJU1>TION UNIT PRICE IN Nil, QUAIlI"T1TY NVMBER8 TOTAl. Electric mewr (secondary linn) 14 AT Four ....drfd hmI." fallf DOll." EA 5 42..00 .z.120.08 AND lW Cta,. Eleotrical servlc. dlsc:onnect rallCondllfy linn. IS AT St"nt h..dred rartY "'0 EA 5 742.110 3,710.00 Dfttlln AND tol CelltlI EIectrICIII manhole 'Of ..n.1on of the primary line .." city .~Ic) 16 AT TIIrtt thoualld (hoc !allam' EA I 3,5Ot.OO 3,500.00 DD11...~ AND 001 Ceata Pull box (rOll.....mould") AT 11lree hll..dred Mae'" fo., l' Donan EA a 394.J2 3,154.56 AND 37/ COli Upd8te traNlforrMr of exl,Ung prim., line, 1201240 .Ingl. phase (by city elllc:trIc. II AT TIlree nlMll..d U I 3.000.00 3,oot,oo Dftllln ANUllO! I CtlU Relocate e.'~ng peneI, dIBCO""1ICt and meter 'or apron lighting I' AT lShat htllldred ODe LS 1 901.00 911.00 DoUln AN)) lItI I Cta" TOTAL BID ITEMS 1 THROUGH 19 SIi5.MJJ.05 1e/29/2ee3 11:23 94192995ee DL PORTER PAGE 16/19 Note 4: Bidder shall submit in Attachment "e" breakdown for hangar foundation. This Attachment "C" is for informational purposes, Payment for foundations is included in the pay items 6-1000-11.1 thru 8-1000-11.5 "Hangar' Development, Complete in place". Note 5: In the event that the owner decides to add or delete a portion of the work, the Attachment "C" items may be used at the specified unit price. ATTACHMENT "C" SCHEDULE OF BID ITEMS HANGAR DEVELOPMENT, TAXILANES & APRON BIDDER NAME: D.L. PORTER CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 5&7 AlP NO.: 3-12.0037.2203 WI" NOS.: .,21115 a .,...2 UPlN NOS.: 00001.',0000110 & 0000111 PROJECT DESCRIPTION: HANGAR DEVELOPMENT, TAXI lANES, AND APRON ....-...........-.. ...__. SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION UNIT dUANTITY IN TOTAL NUM~RS 6" RelnforcM c:anc,.q slab. complet. 'n place 1 AT Fortv SY BODO Doll81'S .0 241,880 OOIXX Cenla Auger concrete pile, 1." diameter AT Fortv ~Ix 2 DoHars LF nil .1 13,814 and 0011 00 Cen" Pile cap AT Twa h"ndred sixty f1v. 3 Doll." EA 154 215 .0,810 AND 001100 Centa 1-30 (a) Addendum No.2 10/29/2003 11:23 9419299500 DL PORTER PAGE 17/19 Note 6: Bidder shall submit in Attachment "0" breakdown for mitigation pay item. This Attachment liD" is for informational purposes. Payment for mitigation will be made at the contract Jump sum price for mitigation work shown on the plans. Note 7: In the event that the owner decides to add or delete a portion of the work, the Attachment "0" items may be used at the specified unit price. ATTACHMENT liD" SCHEDULE OF BID ITEMS HANGAR DEVELOPMENT, TAXILANES & APRON BJD.DE1l NAM.E: D.L. PORUR CONSTRUCTORS. ~C. AIRPORT ~A~E: lC.'f.Y WEST INTERNATIONAL AIRPORT PFC APP NO.: 5&7 AlP .NO.: 3-12-0037.2203 WIP N05.: 4111665... 414fiQ UP1N NOS-: 00001".0100.'''''' eoool78 PROJECT DESCRIPTION: HANGAR DEVELOPMENT, T AXILANES. AND A'RON ~EC ESl1MATED IJNJT EXTENDED rrr:M ITEM DESCRIPTION UNIT PRICE IN No. QUA.'"TITV NUMKR.'I TOTAL --- ~xcayatlcm and backtlll I AT Fifty el_ Bollin CY 1111 "..16 .7.. ANDW Cuo Floating turbidity b...ner ATTetl 2 D...." LF 400 11.6. '-2. ANn 601 Cnb Red mangrvw (t....) AT Fil'lttn J Dt>11wlI EA 100 15..lS 1.s35 AND 351 Cea.. Black m~ (tree) 4 AT .Eflw1 non." EA %2 15.:15 338 AND 351 Cea" WhIle mangrove (tree) 5 AT~ Dollar, EA III I 19.74 j 257 AND 74/ ent, I 1.30 (d) Addendum No.2 10/29/2003 11:23 9419299500 DL PORTER PAGE 18/19 BIDDER NAME: D.L. PORl'ER CONSTRUCTORS. INC. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT I"FC API" NO.: 5"'7 AlP ~O.: :.J.I:z.OOJ7.:2Z03 WIP N05.: 4128665&41466:2 Vt'lN Nos.: 01001''1,0000170 & OtOOl7' PROU~Cl' Ol:...~WT.JON, HANGAR DJ:VELOPM.ENT, TAXILAl~S. AND APRON -. SPEC ESTIMATED UNIT I InM ITEM DESCRIPllON UNIT PRICE IN EXTENDED No. QUANTITY NUMKRS TOTAL ... . .- Buttorlwood (tr..) AT Sellt..tee 6 DoII8n J:A 13 1.7.28 225 AND 281 Cea.. Gulf cord grass (lJround cov." A.TTen 7 Dellln LF Z55 11.99 %.883 !\ND ,,, Cuu Key gnu (ground caw" AT 1'wctft . DoHan EA 4' 1%.4% 596 AND 4%1 Celltl Sallme8dGw cordgrHs (ground) AT Tn , Dolllrs EA Ul 1..51 1,172 ^ND~21 CClI~ S...hora DroPH8d (ground cO\I8r) I' A T Ele.clI Dollars EA 41 11.02 !i29 AND 021 Ce... Milrwh mdw (shrubs) I AT 1'weln 11 DoII.r~ J:A 1M 12.30 l.u& AND 301 CetUS Sea Ox"Y. DM., (ground cover) AT ...I!lirtttll. 1% Dolllrs IA t4.!i lolA' 1,952 AND 46f I Cellb I I Coco Plum (n.) AT Tldnffn 13 DoUln EA I t3.21 106 AND 211 I CenlS 1-30 (d) Addendum NO.2 10/29/2003 11:23 9419299500 Dl PORTER PAGE 19/19 BIDDER NAME: D.L. PORTER CONSTRUCTORS. INC. AIRPORT NAME: Kl:Y WEST INTERNATIONAL AIRPORT pre A7P NO.: 5A7 AlP NO.: JoU.oo37-%:zt3 WIP NOS.: 4121665" <41.662 Ul'1N N~.I 8000169, 0010170 " 0010178 P1IOJF.CT OESaUPTIQN: If^NCAR D'EVF.I.OPMEJIIT, TAXlLAN!S. AND APRON SPEC ESTIMA TED UNIT EXTENDED ITI:M No. ITEM DESCRIPTION UNIT QUANTlTY PRlC~ IN TOTAl, NUMBlRS ....... S..,hore SMg,.. (ground cover) AT nirteett 14 Dollars EA I }J.t4 t3 AND I" CetUS - ;:) L ?. j,. ~~. 0 1-30 (d) Addendum No 2 SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS. that we: D.L. PorterC(:mstruc~ors, Inc. as Principal, hereinafter called the Prlnclpal, and Safeco Insurance Company of America a . corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee, hereInafter called the Obligee, in the sum of: Five Percent of the Amount Bid----- dollars ($ 5% of Amt. Bid------- ), for the payment of which sum well and truly to be made, the saId PrIncipal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid for. Hangar Develooment. Taxilanes and Aoron Key West IntemaUonal Airport Monroe County, Florida NOW, THEREFORE. jf the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnIshed In the prosecution thereof, or in the event of the failure of the PrincIpal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED further, that If the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DSE goals as set forth In the bid specifications, then Principal shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet such goals In the manner and within the time required in such specifications. Failure to supply such information as required shall result In a forfeiture of this bid bond in the same manner and to the same degree as though Obligee had accepted Principal's bid and Principal had thereafter failed or refused to enter into the contract with Obligee as set forth in the immediately preceding . paragraph. 1~31 : Signed and sealed thIs 17th day of October D.L. Inc. .12~~ Paulette JewefNitn Marshall White (Seal) Vice President (Title) ~~0 Safeco Insurance Company of America (Surety) (Seal) (Witness) Anett Cardinale imberly A. T rnier, Florida Licensed Resident Agent c/o Willis of Florida, 7650 Courtney Campbell Cswy., #920, Tampa, FL 33607 All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. A. Tavernier, Attorney-In-Fact s: (813) 281-2095 1-32 ~ SAFECO. ;r~ POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFE CO PLAZA SEATTLE, WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ....................JAMES W. DUNN; DAVID H. CARR; KIMBERLY A. TAVERNIER; ANETI CARDINALE; LINDA J. MEYER; Tampa, Florida...................... its true and lawful attomey(s}-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September . 2002 fi;.k fA<-~\ck.. MIKE MCGAVlCK, PRESIDENT CHRISTINE MEAD, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate tilles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, hoIIvever, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artide V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of October 2003 . CHRISTINE MEAD, SECRETARY S-0974/SAEF 2/01 @ A registered trademark of SAFECO Corporation 09/13/2002 PDF SECTION E .",--- DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: D.L. Porter Constructors, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify th~ firm .co. mplies fully with the above requirements. C " '~L;/ Bidder s Signature Date: 1 0/17/03 1-33 SECTION F PRIME BIDDER'S QUALIFICATIONS Each contractor shall furnish with his bid the following completed and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: D.L. Porter Constructors, Inc. 2. Bu~nessAddress: 6574 Palmer Park Circle Sarasota, FL 34238 3. Telephone Number: (941) 929-9400 4. When Organized: May 1977 5. Where Incorporated: Florida 6. How many years have you been engaged in the contracting business under the present firm name? 26 years 7. What is the type of construction work in which you are principally engaged? Commercial General Contractor 8. On separate sheet list major contracts in past 10 years. 9. On separate sheet list equipment and plant available for this project. 10. Enclose a copy of latest Financial Statement. 11. Credit Available for this Contract: $ 25, 000, 000. 00 12. Contracts now in hand, Gross Amount: $ 29 , 700 , 000 . 00 13. Have you ever refused to sign a contract at your original bid? NO 14. Have you ever been declared in default on a contract? NO 15. On separate sheet, list the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. 16. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) 1-34 Date: 10/17 /03 Firm Name: ::Lc~T' Vice President INC. By: Title: Notary Public: tfil PAULETTE JEWEll COMMIS$iO"J 'CC9?6310 ElV,RES JU~ 1 6 2\10.4 sONQED THIlO\JGH IltlIHSUAAN(.l COMPANY 1-35 SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: ('~A- Contractor's Authorized Representative Dated: 10/17/03 1-36 Addendum No. 1 2 ..3 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Signature - ~~:-f. (Jk u// ~d /Z (~// --/ ~d'~~. "I~' P' 1-37 Date 9/24/03 10/3/03 /0/10/0.3 SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Contract (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Names/Addresses/Identity. Dollar Value of Subcontract Work Subcontract Work Item NONE RECEIVED Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) $ $ 4- % *(Black. Hispanic, Asian American, American Indian, and other economically disadvantaged) NOTE: Also, the bidder must include with the bid proposal fully completed the Attachment 1 _ "Disadvantaged Business Enterprise (DBE) Utilization", and Attachment 2 "Letter of Intent", shown on Division III - Section 150-07 "Other Contract Provision". 1-38 SECTION .J BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) ) SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared C. Marshall White who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of D.L. Porter Constructors, Inc. (Name of Bidder) being its Vice President (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: D.L. ?Porter Constructors. Inc. 6574 Palmer Park Circle Sarasota, FL 34238 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) . shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with 1-39 the Florida Trench Safety Act (Sections 553.60-553.64. Florida Statutes). The bidder further identifies the costs to be summarized below: Trench Safety Measure Unit of Unit Unit Extended (Description) Measure Quantity Cost Cost (LF, SY) A Trench Box LF $20. B C D TOTAL: $ Signature of Authorized Representative: c. MCs~A Vice President Title 10/17/03 Date STATE OF FLORIDA COUNTY OF: Sarasota The foregoing instrument was acknowledged before me this 17th day of October , 20~, by c. Marshall Whi te, VP (Sole, Corporation or Partnership) who [s..pet~unally known to =hO has produced as identification and who diu' take an oath. /-d.<,::zz- ;J:W4-' (Signature of Notary Publi ,State of Florida at L ~>;f..ltI.J~~ ,. . c\ ,,- \ \ ~~.-'_. '.)"ji<:TiEliVC_- . . r~ ~,~~:': .d;e ':~~~>~~~(;'~~';l~(L:~} 1 0 (Print name of Notary Pubhd)i . <,c' , ".;NOI'e;THIlCJ:;H .~ rl:;:r.;~~. iU It;~..t.<,,1(.;: CCMf,AN'f My Commission EXPire~.fi.:~~{t:1f.re"!i.Tfa7.xL..tt~ J 1-40 SECTION K SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This swom statement is submitted with Bid, Proposal or Contract No. fur Hangar Development, Taxilanes and Apron 2. This sworn statement is submitted by D.L. Porter Constructors, Inc. (name of entity submitting sworn statement) whose business address is 6574 Palmer Park Circle Sarasota, FL 34238 and (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0848440 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is my C. Marshall White (please print name of individual signing) and relationship to the entity named above is Vice President 4. I understand that a "public entity crime", as defined in Paragraph 287,133(1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material mis-representation. 5. I understand that "convicted" or "conviction", as defined in Paragraph 287.133(1 )(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 1-41 6. I understand that an "affiliate", as defined in Paragraph 287.133(1 )(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity, The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing 1-42 Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: o~J c. Marshall White- Vice President Title 10/17/03 Date STATE OF FLORIDA COUNTY OF: Sarasota The foregoing instrument was acknowledged before me this 17th day of October 20~lby C. Marshall White, VP _______----------------{Sole I Corporation or Partnership) w~~ally knowr1._~()_!!le gL~liQ:J,as produced as identificatlonanawno did/did not take an oath. /-~ i"'~ / a..uJ~7L ........ V/{AAA,L (Signature of Notary pub!k? State of Florida at Large) . ,- :; 1-~'--.f.-T-rLa"~:-~~--:rr.......u~:""A.&..i."'''''~ b ~~-.,. '..'.. :r~.,. . lt~.~ ;...Cj-:.t~~f..~E'-1. VEL!. t:i (Print name of Notary PUbliC>:: , . ..": :'~'~:":~~';_:':1I;;:-\:~~~:10 ~ My Commission Expires:;,,/.: :'.-.:.. ~"";''''''''~'';'f::;;;;;~~1'\''J'j.>: 1-43 SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE c. Marshall White warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. (!~4- (Signature) D~e: 10/17/03 STATE OF: Florida COUNTY OF: Sarasota PERSONALLY APPEARED BEFORE ME the undersigned authority: C. Marshall White who, after first being sworn by me, affixed his/bw- signature (name of individual signing) in the ~rovided above on this 17th day of October , 20~. I ~ ../A2L-~A --< .I A-i.l (Signature of Notary Pu . . State of Florida at Large) ;::'LL~';C:r',:...~inLTT.u:1.:O::::U.Q~UUJ':G:r-'; ~3). i "r:~"'~ '::'..~ I ?ol ~ ;:,' .,~ ..' r.-:'U,:.'.l.i",!'i;~~,~O ~ (Print name of Notary Public)'!; ....' . 7 D.FiRE~ J'i . .:",-x)~" ~ ~ .., ~ WN')fL ..Hit....' '.r~I.; t~ = ~l; ::..;I~_:~;..!V~' :::-;~:i:F.' "'I' {: My Commission Expires '. H'~":fL"'!",':r'r{'ll")I ,'U.,:i'..?. TA"'T~:'C,t. 1-44 SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES Contract (As Required by Division III, Section 120 Subsection 120-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees. segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained, The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas. parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race. color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. (' fCJZQ;/ Signature of Contractor C. Marshall White Vice President Title 1-45 SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 03/02/2001 (for Highway) if that is the latest list issued for Monroe County. 1-46 GENERAL DECISION FL010035 03/02/2001 FL35 Date: March 2, 2001 General Decision Number FL010035 Superseded General Decision No. FL000035 State: Florida Construction Type: HIGHWAY County (ies) : CHARLOTTE DE SOTO GLADES HARDEE HENDRY HIGHLANDS MONROE OKEECHOBEE HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels; Building area projects; railroad construction; bascule, suspension bridges designed for commercial navigation; bridges construction; other major bridges) . structures in rest and sprandrel arch involving marine Modification Number o Publication Date 03/02/2001 COUNTY (ies) : CHARLOTTE DE SOTO GLADES HARDEE HENDRY HIGHLANDS MONROE OKEECHOBEE SUFL3001A 08/01/1993 BRICKLAYERS/MASON CARPENTERS CONCRETE FINISHERS ELECTRICIANS FENCE ERECTOR FORM SETTER IRONWORKERS: Reinforcing Structural LABORERS: Asphalt Raker Unskilled PAINTERS POWER EQUIPMENT OPERATORS: Asphalt Distributor Asphalt Paving Machine Asphalt Screed Backhoe Boom-Auger Bulldozer Crane, Derrick, Dragline Earthmover Forklift Front End Loaders: 1 cu. yard and under over 1 cu. Yard Gradall Grademan Rates 9.50 12.00 9.34 11. 85 7.45 8.61 Fringes 13.83 12.94 7.80 6.69 7.92 8.01 9.28 8.48 8.92 7.95 10.30 12.56 7.75 7.50 7.91 7.94 9.00 7.16 1-47 Guardrail Erector Guardrail Post Driver Mechanic Milling Machine Grade Checker Milling Machine Motor Grader Mulching Machine Oiler, Greaseman Pavement Striping Machine Pavement Stripping Machine Nozzleman Pile Driver Piledrivermen Power Subgrade Mixer Rollers: Finish Rough Self-Prop. Rubber Tire Scraper/Pan Small Tool Operator Tractor, Light Trenching Machine Widening Spreader Machine SIGN ERECTOR TRAFFIC CONTROL SPECIALIST TRAFFIC SIGNALIZATION INSTALLER TRAFFIC SIGNALIZATION MECHANIC TRUCK DRIVERS: Lowboy Multi-Rear Axle Single-Rear Axle 7.08 7.50 10.14 7.15 9.00 10.56 7.15 7.73 8.26 7.00 10.50 10.00 7.94 8.41 8.01 8.16 8.11 7.00 7.52 8.12 8.00 7.63 7.50 9.79 13 .16 8.11 8.06 7.80 ----------------------------------------------------------------------------- WELDERS--Receive rate prescribed for craft performing operation to which welding is incidental. ----------------------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . ----------------------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination, * a survey underlying a wage determination, * a Wage and Hour Division letter setting forth a position on a wage determination matter, * a conformance (additional classification and rate)ruling 1-48 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 The request should be accompanied by a full party's position and by any information description, area practice material, etc.) relevant to the issue. statement of the interested (wage payment data, project that the requestor considers 3.) If the decision of the Administrator is not favorable, party may appeal directly to the Administrative Review Board Wage Appeals Board). Write to: an interested (formerly the Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FL010035 1-49 SECTION 0 CERTIFICATION REGARDING DEBARTMENT,- SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1. 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debartment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. o kKn:J Signature of Contractor C. Marshall White Vice President Title I-50 CONTRACT SECTION A SECTION B SECTION C SECTION D DIVISION II CONTRACT - PUBLIC CONSTRUCTION BOND ............................................................11-2 - CERTIFICATE OF OWNER'S ATTORNEY (N/A) .....................................11-4 - ACKNOWLEDGMENT FOR CHANGE ORDERS .....................................11-5 - CONTRACT ............................... ................ .................................... .......... .11-6 11-1 SECTION A Bond #6260454 PUBLIC CONSTRUCTION': BON-.D ' By this Bond, We D.L. Porter Constructors, Inc. , as Principal, whose prIncipal business address is 6574 Palmer Park Circle, Sarasota, FL 34238 ,as c.orporation, as Surety, are bound to Monroe County hereinafter called County, In thel.sum of U.S. Dollars $*3;154,932.21---{Mlnimum 100% of total bid amount) for p~yment which we bind ourselves, our heirs', personal' representatives, successors, and assigns, jointly and severally. * Three Million One Hundred Fifty Four Thousand Nine Hundred Thirty Two and 21/100--- THE CONDITION OF THIS BOND Is that if Principal: 1. Performsthecontractdated t1A~CH ,] ,20 o~ between Principal and County for constru~ion.of tlanaar. Development Taxllanes and Aoron, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Prlncipal with labof, materials, or supplies, used directly or indirectly by Principal in the prosecution of the ~ork provided for in the Contract, which is made a part of this bond by reference, an"d in the times. and in the manner presoribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorneys fees, Including appellate proceedings, that County sustains because of a failure by Principal under the Contract: and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any Changes in or under the Contract Documents and compliance or .non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe C9untv before the commencement of the work subject of this Bond. Date on MAIle.'"' 11 20~ 11.2 PRINCIPAL: D.L. Porter Constructors, Inp. Address: 6574 Palmer Park Circle. . .- Sarasota, FL 34238 (J,tmrDk Marshall White, VP ;~~ By: c. SURETY: Safeco Insurance Company of America Address: 2055 Sugarloaf Circle Duluth, GA 30097 BY. \ K mber y . avernier, Attorney-in-Fact & Florida Claims against this Bond are subject to the notice and tim provisions set forth in Licensed Section 255.05, Florida S~atutes. Resident Agent. Inquiries: (813) 281-2095 11-3 ~ SAFECO. ~~ POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ....................]AMES W. DUNN; DAVID H. CARR; KIMBERLY A. TAVERNIER; ANEIT CARDINALE; LINDA 1. MEYER; Tampa, Florida...................... Its true and lawful attomey(s)-ln-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of its business, and to bind the respective company lhereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September . 2002 ~k /Ac.~\rl-t- MIKE MCGAVlCK, PRESIDENT CHRlsnNE MEAD, SECRETARY CERnFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: -Artlde V, Section 13. - FIDELITY AND SURETY BONOS ... the President, any Vice President, the Sea-etary, and any Assistant Vice President appointed for that pwpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority to exeaJte on behalf of the company fidelity and surety bonds and other documents of slmDar character Issued by the company In the course of Its business... On any Instrument maklng or evidencing such appolnbnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or . ..~ unclef1a/dng of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the varlOlty of any such instrument or undertaking.- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. -On any certificate executed by the Secretary or an assistant secretary of the Company setting out, ~) The provisions of Article V, Section 13 of the By-Laws, and ~I) A copy of the power.of-attomey appointment, executed pursuant thereto, and (Iii) Certifying that said power.of-attomey appointment Is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.. I, CtvIstine Mead, Seaetary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that .the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17+'-' day of MAIfC.~ . Zoo 0 i CHRISTINE MEAD, SECRETARY S-09741SAEF 2/01 f> A registered lfadamark of SAFECO Corporation 09/13/2002 PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act. SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED 11-4 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Hanaar Development, Taxilanes and Apron Kev West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Sid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. Contractor By: Title: 11-5 SECTION D CONTRACT TO Hangar Development. Taxilanes and Apron Key West I nternational Airport THIS AGREEMENT made and entered into the I7IA day of 'fY)~ J 2.o~1 by and between D.l. PoRTeR CoNsrRU.c..~~ I IN (. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1 . That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: HanQar Development. Taxilanes and Apron Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within one hundred and fifty-five (155) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No.2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: i\-\REE MI LLloN T~tJ I-\\,-tNb2€t) F~..tY - Fc\...q< nh::u5At..l\) Approximately 5\-.,( HUN DQ.ft) 5~VeN1i' AND "2.' Ixx Dollars ($ 3,24 L(., {P10. 1.. 1 ) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the on the Contractor basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be 11-6 retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages Section per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. .l. g:'.:! 0, 0 ....- r ;r :'J;> ::It rrt :;l; :z: > ~;2% :.;e 0 (Monroe County Board of Co~o~) ""T1 on. eN 0 ~ c?O~;:o By:. f ~~. 0 -0 AI , ~. ~ ", Titlf}:<f1~to~YULAI~MA,v-~ ~~ ~ ~ o D.l. 'PoRTfR CoI\lS\RUCTOQS,lNC By: (~ c. M'5bK ~j Title: VI c.e .)'. WITNESS: \ <' '-, WrrNEc'S;' j;). ( . 11-7 R COUN ATTORNE ~fi:RM: Q1 ~ R . ... D~t~~~~I~~l- C~N}~TTOH~EY STATE OF FLORIDA COUNTY OF 5ARA~ OTA I, the undersigned authority, a Notary Public in and for said County and State hereb~~ certify that C. MAQS \-\A L L W \-\ liE. whose name as Vt C.lZ 'Pl2E:s,Dt.tJT of D. L'ls ~t;L..tC\t)~ signed to the foregoing instrument and who is known to me, acknowledged before me 1"'<.... on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this 5'\::b day of 1='"12131< l..J A.RY ,20 04. Notary Public :ini4:L"':1:A;aeT...~, ~~-::-. p.~,ULETlE JEWELL D. ........<."JI..' ""-'1"'" " '-~"'3631 0 N~: ;K: ,>,' It ,t) -1"",",~,'" '..1 ., d -..\,." :.J~i.:'i_, _~< ~~_A/IRF:~', ,Jt 16 ;~OO4 .~:2~f~!~~;) eONf)(;t) H1ROUGH JV Itl' l~.~$:/.~ft}"c~. COrllPANY .:;r:!1::f:;I:r:s""P * Who is authorized by the corporation to execute this contract. 11-8 GENERAL PROVISIONS DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS .........................................................................111-2 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS................................ 111-8 SECTION 30 - AWARD AND EXECUTION OF CONTRACT ........................................111-12 SECTION 40 - SCOPE OF WORK ................................................................................111-14 SECTION 50 - CONTROL OF WORK ...........................................................................111-19 SECTION 60 - CONTROL OF MATERIALS ..................................................................111-27 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ..................111-31 SECTION 80 - PROSECUTION AND PROGRESS .......................................................111-44 SECTION 90 - MEASUREMENT AND PAYMENT ........................................................111-51 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM ...............................111-59 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS (PWL) ..............................................111-68 SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT I MPROVEMENT PROGRAM ............................ .....................................111-74 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ......111-100 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS .....................................111-1 01 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ................111-109 111-1 DIVISION III - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADDENDUM. A modification of the plans or other Contract documents issued by the Engineer and distributed to prospective bidders prior to the opening of the proposal. 10-05 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. 10-07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-08 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-09 ASTM. The American Society for Testing and Materials. 10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 111-2 10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10-12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-13 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-14 CALENDAR DAY. Every day shown on the calendar. 10-15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10-16 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-17 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-20 CONTRACT TIME. The number of calendar days or working days. stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 111-3 10-21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-24 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-25 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-26 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-27 FOOT. The State of Florida Department of Transportation. 10-28 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-29 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-30 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such 111-4 specific reference. 10-31 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-32 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-33 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 1 0-34 MATERIALS. Any substance specified for use in the construction of the contract work. 10-35 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, that are prepared and issued by the Department of Defense. 10-36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AlP contracts, the term sponsor shall have the same meaning as the term owner. 10-38 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-39 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-40 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-41 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 111-5 10-42 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-44 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-46 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or material involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. 10-47 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-48 SPONSOR. Shall mean the same as Owner. 10-49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the work. 10-50 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, hand holes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-51 SUBGRADE. The soil which forms the pavement foundation. 10-52 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-53 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 111-6 10-54 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-55 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-56 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-57 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 111-7 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and place for submitting sealed proposals; a description of the proposed work; instructions to bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any and all bids. 20-02 PREQUALlFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner at the time of the bid openinq. 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. 111-8 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her 111-9 examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. 111-10 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 111-11 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds 111-12 as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. . 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 111-13 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. The Contractor is advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 111-14 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall pro'ide marking, lighting, and other acceptable means of 111-15 identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. . The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 111-16 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. . Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site 111-17 and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 111-18 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the. interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specification s. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good' engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. 111-19 For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good eRgineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For AlP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate he work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. 111-20 When separate contracts are let within the limits of anyone project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other.Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 111-21 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-1 0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 111-22 to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at hi~/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been 111-23 satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to'be defective or not in 111-24 accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed by law. 50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: 1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. 2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS on the form furnished by the Engineer. 3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT on the form furnished by the Engineer. 4. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. 5. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. 6. If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. 7. In addition to the above, the Contractor shall provide all documents required in Special Provision No.1, Section 25. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first obseNation of the conditions if shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table 111-25 variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. END OF SECTION 50 111-26 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATIONS EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER 60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the 111-27 owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing. of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: 111-28 A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer for review, all Contractor's. subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. . When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 111-29 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos-based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner- furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 111-30 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS. LICENSES. AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES. MATERIALS. AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: Owner (Utility or Other Facility) Location (See Plan Sheet No.) Person to Contact (Name, Title, Address and Phone) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA. or NOAA facility, or a utility 111-31 service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health. or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed mOVE.ment of aircraft and 111-32 vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore-specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. 111-33 The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be required by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to .the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any pct, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall 111-34 restore. at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. 111-35 No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and ma~e good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. 111-36 To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled int~rruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided. it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. 111-37 Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of 111-38 the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing an cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control schedules and methods of operations have been accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at anyone time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the 111-39 area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the steam from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels. oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. i. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. b. All burning shall conform to the conditions of the permit, except that the 111-40 conditions herein shall apply if they are more restrictive. c. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State. or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire-fighting equipment and tools readily available. (3) Control of Other air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. c. Sand or dust blows shall be temporarily mulches, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. 111-41 g. Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. h. Applications of chemicals and bitumens shall be held to recommended rates. I. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly. controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure. or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building. structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor fo perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintail~ such required insurance in force during the life of this Contract, and no 111-42 modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Sub-contractors entered into pursuant to this Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 111-43 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract. said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of. the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AlP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 111-44 80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY 80-06 CHARACTER OF WORKERS. METHODS. AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. 111-45 When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed w!th the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or 111-46 deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should'the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly 111-47 statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time 111-48 (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work In an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notic,~ to the Contractor and the 111-49 Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 III-50 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles III-51 shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engin~er in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor. wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gag'e, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, III-52 manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials. platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them: Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting- accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. III-53 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract. plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full. so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items. or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXT~~A AND FORCE ACCOUNT WORK. Extra work, III-54 performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor. equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social secu rity tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on ~he force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used. and that the price and transportation claimed represent the actual cost to the Contractor. III-55 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. . No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. III-56 B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. III-57 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 III-58 SECTION 100 CONTRACTOR QUALITY CONTROL PRO~RAM 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications. the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. C. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. A. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed III-59 under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least seven (7) calendar days before the Preconstruction Conference. The Quality Control Program shall be organized to address, as a minimum, the following items: A. Quality control organization; B. Project progress schedule; C. Submittals schedule; D. Inspection requirements; E. Quality control testing plan; F. Documentation of quality control activities; and G. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned 111-60 shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: A. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: 1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. 2) Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. 3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. 4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). 5) Highway materials technician certified at Level III by NICET. 6) Highway construction technician certified at Level III by NICET. 7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being 111-61 notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level " or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1) Inspection of all materials. construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. 2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the 111-62 technical specifications. The listing can be developed in a spreadsheet format and shall include: A. Specification item number; B. Item description; C. Description of submittal; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. 8. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. 111-63 The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: A. Specification item number (e.g., P-401); B. Item description (e.g., Plant Mix Bituminous Pavements); C. Test type (e.g., gradation, grade, asphalt content); D. Test standard (e.g., ASTM or AASHTO test number, as applicable); E. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); F. Responsibility (e.g., plant technician); and G. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous " 1-64 quality control inspections have been performed and shall, as a minimum, include the following: 1) Technical specification item number and'description; 2) Compliance with approved submittals; 3) Proper storage of materials and equipment; 4) Proper operation of all equipment; 5) Adherence to plans and technical specifications; 6) Review of quality control tests; and 7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. B. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: 1) Technical specification item number and description; 2) Test designation; 3) Location; 4) Date of test; 5) Control requirements; 6) Test results; 7) Causes for rejection; 8) Recommended remedial actions; and 111-65 9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor. producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. A. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. B. In cases where quality control activities do not comply with either the Contractor's Quality Control Progwm or the contract provisions, or where 111-66 the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: 1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. 2) Order the Contractor to stop operations until appropriate corrective action is taken. END OF SECTION 100 111-67 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for material to be sampled and tested on a statistical basis, the material will be evaluated for acceptance in accordance with this section. All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot that is within specification limits. This concept, termed percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U for upper) for the particular acceptance parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or QU for Upper Quality Index) is computed and the PWL for the specified n is determined from Table 1. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: . A. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. B. Locate the sampling position within the sublot in accordance with the random sampling requirements of the specification. C. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. D. Average all sublot values within the lot to find X by using the following formula: X = (x1 + x2 + x3 + . . .xn) / n Where: X = Average of all sublot values within a lot x1, x2 = Individual sublot values 111-68 n = Number of sublots E. Find the standard deviation Sn by use of the following formula: Sn = SQRT[(d1*d1 + d2*d2 + d3*d3 + . . .dn*dn) I (n-1)] Where: Sn = standard deviation of the number of sublot values in the set d1, d2 = deviations of the individual sublot values X1, X2 . . . from the average value X that is: d1 = (x1 - X), d2 = (xn - X) . . dn = (xn - X) n = number of sublots F. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL = (X - L) I Sn Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. G. For double sided specification limits (i.e. Land U), compute the Quality Indexes QL and QU by use of the following formulas: QL = (X - L) I Sn and QU = (U - X) I Sn Where: Land U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below PU for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the following formula: PWL = (PU + PL) - 100 Where: PL = percent within lower specification limit PU = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Test Item: Example Project Item P-401, Lot A. A. PWL Determination for Mat Density. 111-69 1) Density of four random cores taken from Lot A. A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 n=4 2) Calculate average density for the lot. x = (x1 + x2 + x3 + . . xn) / n x = (96.60 + 97.55 + 99.30 + 98.35) /4 x = 97.95 percent density 3) Calculate the standard deviation for the lot. Sn = SORT[ ( (96.60 - 97.95)*(96.60 - 97.95) + (97.55 - 97.95)*(97.55 - 97.95) + (99.30 - 97.95)*(99.30 - 97.95) + (98.35 - 97.95)*(98.35 - 97.95)) / (4 - 1)] Sn = SORT[ (1.82 + 0.16 + 1.82 + 0.16) /3] Sn = 1.15 4) Calculate the Lower Quality Index OL for the lot. (L=96.3) QL = (X -L) / Sn OL = (97.95 - 96.30) /1.15 OL = 1.4384 5) Determine PWL by entering Table 1 with OL= 1.44 and n= 4. PWL = 98 B. PWL Determination for Air Voids. 1) Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3.25 2) Calculate the average air voids for the lot. 111-70 x = (x1 + x + x3 . . n) / n x = (5.00 + 3.74 + 2.30 + 3.25) / 4 x = 3.57 percent 3) Calculate the standard deviation Sn for the lot. Sn = SQRT[ ( (3.57 - 5.00)*(3.57 - 5.00) + (3.57 - 3.74)*(3.57 - 3.74) + (3.57 - 2.30)*(3.57 - 2.30) + (3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)] Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) / 3] Sn = 1.12 4) Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn aL = (3.57 - 2.00) / 1.12 QL = 1.3992 5) Determine PL by entering Table 1 with aL = 1.40 and n = 4. PL = 97 6) Calculate the Upper Quality Index au for the lot. (U= 5.0) QU = (U - X) / Sn au = (5.00 - 3.57) / 1.12 au = 1.2702 7) Determine PU by entering Table 1 with QU = 1.27 and n = 4. PU = 93 8) Calculate Air Voids PWL PWL = (PL + PU) - 100 PWL = (97 + 93) - 100 = 90 111-71 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Positive Values of Q (QL and QU) Limits (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 98 1 .1524 1 .4400 1.6016 1 .6982 1 .7612 1.8053 97 1 .1496 1 .41 00 1.5427 1.6181 1.6661 1.6993 96 1 .1456 1 .3800 1 .4897 1.5497 1.5871 1.6127 95 1 .1405 1.3500 1.4407 1 .4887 1.5181 1.5381 94 1 . 1342 1 .3200 1.3946 1 .4329 1.4561 1.4 716 93 1 .1269 1 .2900 1 .3508 1.3810 1.3991 1.4112 92 1.1184 1 .2600 1 .3088 1.3323 1.3461 1 .3554 91 1 .1 089 1 .2300 1 .2683 1 .2860 1 .2964 1.3032 90 1.0982 1 .2000 1 .2290 1 .2419 1.2492 1 .2541 89 1.0864 1.1700 1 . 1909 1.1995 1 .2043 1.2075 88 1.0736 1 .1400 1.1537 1.1587 1.1613 1 .1630 87 1.0597 1 . 11 00 1 .1173 1.1191 1 . 11 99 1 .1204 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592 55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 50 0.0 0.0 0.0 0.0 0.0 0.0 111-72 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of Q (QL and QU) Limits (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 14 -1.0448 -1.0800 -1.0817 -1.0808 -1 .0800 -1.0794 13 -1.0597 -1 .1100 -1.1173 -1.1191 -1 .1199 -1 .1204 12 -1.0736 -1 .1400 -1.1537 -1.1587 -1.1613 -1 .1630 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 10 -1.0982 -1 .2000 -1 .2290 -1 .2419 -1.2492 -1.2541 9 -1.1089 -1 .2300 -1 .2683 -1 .2860 -1 .2964 -1.3032 8 -1 . 11 84 -1 .2600 -1.3088 -1 .3323 -1.3461 -1.3554 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 6 -1.1342 -1.3200 -1.3946 -1 .4329 -1.4561 -1.4716 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 4 -1 .1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 2 -1.1524 -1 .4400 -1.6016 -1.6982 -1.7612 -1.8053 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 111-73 SECTION 120 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 120-01 LABOR PROVISIONS 1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is 111-74 (2) performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this Section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. (I) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage'rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB controlpumber 1215-0140.) 111-75 (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fFinge benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 111-76 withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages requir.ed by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address. and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b )(2)(8) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of 111-77 (2) Management and Budget under OMB control number 1215- 0140 and 1215-0017.) (I) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from 'the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work perfor,ned, as specified in 111-78 the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor. applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site 111-79 in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a. program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. 111-80 Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage -determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246. as amended, and 29 CFR Part 30. e. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. f. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. 111-81 g. Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3. and 5 are herein incorporated by reference in this Contract. 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 Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. 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 firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). (3) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AlP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or 111-82 permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1 %) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. c. Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. e. Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in ~ urroundings or under working conditions that 111-83 are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However. this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. 120-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246. as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director. Office of Federal. Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Slack (all persons having origins in any of the black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having 111-84 origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trad.es which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 111-85 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the avai.lability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents. and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor on its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority 111-86 person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with 'other Contractors and subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for 111-87 the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment t.o minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for. through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling anyone or more of its c~ligations under 7a through p of these Specifications provided that the 111-88 Contractor actively participates in the group, makes' every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all 111-89 employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number. race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors sha!1 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 Reauirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations). which are herein incorporated by reference and made a part of this Contract. 2. NONDISCRIMINATION. The Contractor, with .regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. including employment practices when the Contract covers a program set forth in Appendix 3 of the regulations. 3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract. including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of raCl. 111-90 color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Eaual Emplovment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action 111-91 shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor. state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising that said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said, rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 111-92 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions. including sanctions for noncompliance; p'rovided, however, that in the event a Contractor becomes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre- Construction Conference. E. Notice of ReQuirement for Affirmative Action to Ensure EQual Emplovment Opportunity (Executive Order 11246. as Amended). 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trace on all construction work in the covered area are as follows: Goals for Female participation in each trade 6.9 % Timetables Goals for minority participation for each trade 30.4 % These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority arid 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 111-93 effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number Of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is in Kev West. Monroe County, State of Florida. F. Reauired Reports. 1. Monthly Employment Utilization Reports (SF 257). This Report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre-Construction Conference. 2. Annual EEO-1 Report. Contractors/subcontractors working on Federally- assisted airport construction projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: 111-94 a. Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5, and b. Number of Employees. Has fifty (50) or more employees, c. Contractor/Subcontractor. Is a prime ~ontractor or first tier subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. ReQuirement for Certification of Nonseareaated Facilities. 1. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. 2. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities. a. A Certificate of Nonsegregated Facilities must be submitted prior to the award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal Opportunity Clause. 111-95 b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Seareaated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Signature of Contractor Title 120-03 MISCELLANEOUS CONTRACT PROVISIONS 1. Airport Improvement Program Project (AlP). The Work in this Contract is included in AlP Project No. 3-12-0037-2203 which is being undertaken and accomplished by the Owner in accordance with the terms and conditions of a grant agreement between the Owner and the United 111-96 States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a c,ertain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any repre~entative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. 3. Veterans Preference. In the employment of labor (except in executive. administrative, and supervisory positions), the Contractor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the 111-97 Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 6. Subcontracts. The Contractor shall insure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontractors which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to 111-98 benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. c. That as a condition for award of a Contract. they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exceeds $100,000 (One Hundred Thousand Dollars), the requirements of (a), (b), and (c) above. STANDARD CLAUSE FOR SOLICITATIONS. CONTRACTS. AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion: The Bidder/Offeror certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. END OF SECTION 120 111-99 SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2E "Operational Safety on Airports During Construction". In addition, the Contractor will be required to comply with all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 130 111-100 SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 111-101 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $1 00,000/$500,000/$1 00,000 WC2 Employer's Liability $500,000/$500,000/$500,000 WC3 X Employer's Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,OOO/occurrence $ 50,000 property damage or $500,000 combined single limit 111-102 $ 500,000/person; $1 ,OOO,OOO/occurrence GL3 $ 100,000 property damage or $1,000,000 combined single limit GL4 X $5,000,000 combined single limited Required Endorsement: GLXCU GLLlQ Underground, Explosion & Collapse (XCU) Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non-owned and hired vehicles Required Limits: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 $ 500,000/person; $1,OOO,OOO/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 X $5,000,000 combined single limit 111-103 MISCELLANEOUS COVERAGES "'-' BR1 Builders' Risk Limits Equal to the risk completed project BR2 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max. value of anyone shipment PR01 Professional Liability $250,OOO/occurrence PR02 $500,OOO/occurrence PR03 $1,000,OOO/occurrence POL1 Pollution Liability $500,OOO/occurrence POL2 $1,OOO,000/occurrence POL3 $5,OOO,OOO/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,OOO/vehicle) GK2 Keepers $500,000 ($1 OO,OOO/vehicle) GK3 $1,000,000 ($250,OOO/vehicle) MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Max. value of property HKL1 Hangarkeepers' Liability $300,000 HKL2 $500,000 HKL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,OOO,OOO Agg. AE03 $1,OOO,OOO/occurrence/$3,OOO,OOO Agg. 111-104 . . lNSURANCj: AGENT'S STATEMEN"( . "0:, II I, .. I have reviewed the above requirements With the .bidder named below. The following deductlbres apply to the corresp~mdlng paliey. poucY ~ '409.lJo- ~~~. OeOUCTlBLES ,. i~ . ..._n-'~ . . . Uability policies are Occurrence . , Claims Made Bouchar~-Starcrest Insu~nce Agency I , . Slg~E~/ ~ .w.o.OERrS STAIE~ENT , . I understand the instlrance that will be mandatory If awarded the contract and wnt comply in full with all the requirements. . D,:L. PORTER CO,l'lSTRUq'IiORS, INC. .. C. Lmv A Bidder SignatlJf& C ,,' "Marshall Whi te, ViI \ INSURANCE AGENT'S STAT~MENT I J I ! 1 have reviewed the abova requirements with the bidder named below. The folltWiing deduotibles apply to the corresponding policy. . POLlCY ~)L AIJ~ E-XCt.55/ V M e;(t~u;r4.I}-. ..r. DEDUCTIBLES ~OO .rOO Liability penates ~re Occurrence Claims Mada Atlas Insu~~nce Agency Insurance Agency ..~<~b4-. :~ BIDDER'S STATEMENT J understand the Insurance that win be mandatory if 8warded the Otlntract and Will l::Omply in full with all tha requirements. . DoL. ~ORTER CONSTRO~TORS, INC. ~ ~c:J~;.{ Bidder Signature C. 'Mtl:t'ahall Whi te, VI> --1 ~ GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $1,000,000 per person $5,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-107 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $1,000,000 per person $5,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-108 150.01 150.02 SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DEFINITIONS OF TERMS The terms used in this program have the meaning defined in 49 CFR Section 26.5. OBJECTIVES/POLICY STATEMENT (Sub-section 26.1,26.23) The County has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The County has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the County has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the County to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also their - To ensure nondiscrimination in the award and administration of DOT assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT assisted contracts; and To assist the development of firms that can complete successfully in the market place outside the DBE Program. The Airport Manager has been delegated as the DBE Liaison Officer. In that capacity, the Airport Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the County in its financial assistance agreements with the Department of Transportation. 111-109 150.03 150.04 150.05 NON-DISCRIMINATION (Section 26.7) The County will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the County will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. DBE PROGRAM UPDATES (Section 26.21) We will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE (Section 26.13) The County has signed the following assurance, applicable to all DOT- assisted contracts and their administration: The County shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the County of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 111-110 150.06 150-07 REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29) Contract Assurance We will ensure that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Prompt Payment We will include the following clause in each DOT-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from the County. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County. This clause applies to both DBE and non-DBE subcontractors. OTHER CONTRACT PROVISIONS 1. Bidders List If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each DOT-assisted contract. DOT's "Sample DBE Program" interpreting 49 CFR Section 26.11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. Recipients that choose to use another method would not include such a clause in their DOT-assisted contracts. 111-111 2. Good faith efforts In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every DOT-assisted contract, but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those DOT-assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's DBE program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both non construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for architectural/engineering and other professional services, and in other covered solicitation documents. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the County to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. The bidder/offeror shall m'ake good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4) and (5) if the contract goal is not met, evidence of good faith efforts. 111-112 DBE participation in this contract may be in form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26.55, "How is DBE participation counted toward goals?" or 26.53(g), both of which are included as Attachment 2. 111-113 ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of utilization on this contract. % OBE xx The bidder/offeror (if unable to meet the OBE goal of 10.04%) is commited to a minimum of 0 % OBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: D. L. Porter Constructors, Inc. :~le Re;t~:A51 066 Signature Vice President Title 111-114 ATTACHMENT 2 LETTER OF INTENT Name of bidder/offeror's firm: NONE RECEIVED Address: City: State: Zip: Name of OBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: '-'- The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar values as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor.) 111-115 SPECIAL PROVISIONS DIVISION IV SPECIAL PROVISIONS SP-1 - PROJECT GENERAL REQUIREMENTS ...............................................................IV-2 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING................................................................IV-22 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES..............................................IV-27 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES ..............................................................IV-30 SP-5 - RESIDENT PROJECT REPRESENTATIVE .........................................................IV-32 SP-6 - SAFETY AND SECURITY REQUIREMENTS ......................................................IV-33 SP-7 - LIST OF DRAWl NGS ..................... ............................ ..........................................IV-38 SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE (N/A) ..................................................IV-40 SP-9 - TEMPORARY F ACI LITI ES ...... ........... .............. ................................. ..................IV -41 SP-10 - DEW A TERI NG ........... ................. .............. ............. ...... ..................... ............... ....IV -46 SP-11 - PRECEDENCE OF DOCUMENTS .......................................................................IV-47 SP-12 - FINAL PAY REQUESTS AND RELATED FORMS ..............................................IV-48 SP-13 - SOIL BORING REPORT AND LABORATORY TESTING ...................................IV-49 IV-1 SPECIAL PROVISION NO.1 PRO-JECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Kev West International Airport which is located between Flaqler Avenue and South Roosevelt Boulevard, Florida, on US Hiqhwav No.1. 2. SCOPE OF WORK. The purpose of this work is to replace the existing Hangars and their associated infrastructure located west of the terminal complex at the Key West International Airport. During this project the Contractor shall construct the new hangars building and their access (taxilanes), north to the hangars a new apron will be constructed, including the tie downs. Additionally, a new automobile parking area will be developed west to the airport terminal. Also, under this work the Contractor shall construct a new bathroom, install a new wind cone, drainage system (inlets, pipes, and wells), asphalt marking, water source, electrical power, sodding, landscaping, perform a mitigation plan, and related work. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No.2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within one hundred and fifty-five (155) calendar days as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision NO.7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision NO.4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. IV-2 All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. The project layout surveying may be accomplished during daylight hours provided the Contractor meets the following conditions: A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48) hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway 9-27 or within 73' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and "hand tools" will be allowed within 125' of Runway 9-27 centerline, at the turn arounds and T/W's connectors. D. Survey party members shall be equipped with hand-held radios and shall continuously monitor the UNICOM and airline radio frequencies and pull back men and survey equipment to a point 125' from the runway centerline during aircraft operations. E. No survey men or equipment will be allowed on the runway (100' wide) or taxiway (50' wide). Pavement during survey work periods will not be allowed unless authorized by the Engineer. F. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existinq conditions and the Contract Documents, he shall within fifteen (15) calendar days prior to Bid Openinq, notify the Enqineer in writinq. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. IV-3 10. SAFETY AND PROTECTION. A. General Project Safety: Inasmuch as each work area will be accessible to and used by the public, the Owner and other com'panies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time. they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project will take place within the secured (fenced) airfield area of the Airport. When the Contractor enters upon said secured area, the Contractor shall conduct all work in conformance with the Safety and Security requirements included in Special Provision No.6. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre-construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The Engineer or RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. IV-4 B. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The Engineer or RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. C. The Engineer or RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-time Project Management Team consisting of a Project Superintendent and other supervisory personnel for the duration of the Project. The names and qualifications of this team for this work shall be submitted to the Owner as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act in the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. . B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. 15. SCHEDULE OF WORK A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. IV-5 B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in-place construction. 16. PROGRESS SCHEDULE. A. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary network phasing diagram (Preliminary Schedule) indicating a comprehensive overview of the Project including an activity line for each of the work segments to be performed at the site. 1) Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. 2) The submitted schedule shall be reviewed by the Engineer and Owner for conformance to Critical Dates and overall project completion time criteria. Lack of this information will be cause for rejection of the schedule. 3) Following initial submittal of schedule to and response by the Engineer, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Engineer. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show "as-built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. A. If the Contractor's Monthly Schedule Update reflects, or the Engineer determines, that the Contractor is at least ten percent IV-6 (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved schedule is anticipated, the Contractor shall make the necessary IV-7 changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contractor's logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to have 8" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. IV-8 G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty-eight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the access point onto the airport. The name "KEY WEST INTERNATIONAL AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedestrian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in dupli- cate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. J. Personnel Traffic: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "lunch breaks". Areas for this purpose can be designated by the IV-9 Owner upon request. No Public Toilets shall be used by any workmen at any time. 20. DAILY CLEAN-UP AND TRASH REMOVAL. A. Debris from this work shall be promptly removed from the site at least daily. It shall not be allowed to become a hazard to the safety of the public. 8. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. 8. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operabi~ity without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals IV-10 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and' shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection IV-11 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with t~e maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. 8. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. IV-12 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. 8. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. . 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. IV-13 Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for differ~nt categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to information on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar identification. Require each person preparing the mark-up to initial and date the mark-up and indicate the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. In showing changes in the work use the same legends as used on the original drawings. Indicate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. b) Preparation of Record Drawings: In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with. the Engineer. The Engineer will then proceed with preparation of a full set of corrected contract drawings. The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. Printing as required herein is the responsibility of the Engineer. c) Copies, Distribution: Upon completion of record drawings, the Engineer shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The mark- up set of prints maintained during the construction period IV-14 shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. 3) Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub-contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-8uilt drawings is a pre-requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover "PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. IV-15 E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. Categories of requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or PCC concrete pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are made. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, norm11 termination of contract, occupancy by the Owner and similar IV-16 actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall t;>e applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. d) Advise the Owner of pending insurance change-over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. h) Complete start-up testing of systems, and instructions of Owner's operating-maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. IV-17 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1 ) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, including touch-up of marred surfaces. c. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re-inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2) week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of reinspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment IV-18 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction 80nd Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. IV-19 i) Submit updated final statement, accounting for final changes to Contract Sum. j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. m) Submit actual D8E participation percentages. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Engineer for the Owner's records. 4) Record Sample Submittal: Comply with the Engineer's instructions for packaging, identification, marking, and delivery to the Owner's sample storage space. 5) Miscellaneous Record Submittals: Complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. IV-20 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include instructions by manufacturer's representatives wh~re installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. 26. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal"clean" condition. 8. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. IV-21 SPECIAL PROVISION NO.2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: 1 . Notice to Proceed (Permits) A Notice to Proceed will be issued ten (10) days after award of contract, for the Contractor to pursue obtaining the necessary permits. This Notice to Proceed shall allow the Contractor to obtain any necessary construction permits which will be required to accomplish the work. Also, during this notice, the Contractor shall order and deliver materials, equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during this time. 2. Notice to Proceed (Construction) The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision NO.1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. This Notice to Proceed shall include all the construction activities necessary to complete the work in accordance with the Contract Documents. One hundred and fifty-five (155) calendar days will be allowed to complete this work. IV-22 WORK SEQUENCING The work included in this Contract shall be accomplished in accordance with, but not limited to, the following work sequencing: Notice to Proceed (Permit) 1. Obtain permits as required for construction. 2. Prepare and transmit all required shop drawings, submittals and certifications as required by the Contract Documents to the Engineer for review and approval. 3. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the work in accordance with the Contract Documents. 4. Prepare his staging area and establish haul routes. 5. Mobilize equipment, materials and supplies in Contracto.r's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. Notice to Proceed (Construction) Construction Sequence This sequence shall include all the construction activities necessary to complete the work in accordance with the contract documents. One hundred and fifty-five (155) calendar days will be allowed to complete the work in its entirety, and shall be constructed as follows: Phase I (a) Work to be performed: The contractor will need to scarify the pavement area of the existing parking lot. When this work is completed, excavation will be required for a new drainage pipe to be installed from a existing catch basin located at the east end to an existing drainage well, that is located on the northwest side of the parking lot. In addition a 2" water main along with a isolation valve will be constructed from a tie-in to existing' service as shown on plans in a westerly direction, terminating at the proposed restroom adjacent to the proposed hangars as shown on the plans. A portion of this water main should installed under Phase II, as shown on plans. Once the excavated areas has been properly backfilled and compacted, the parking area will receive new asphalt overlay. Additionally new concrete curbing, sidewalk, landscaping, pavement marking (including handicap parking areas) will be constructed. Some security fencing with 3 barb wires will IV-23 also be installed tieing into the security fencing, security gate and card reader also will be installed. Contractor shall maintain security and access to the airport at all times. This phase shall be constructed prior to starting Phase I(b), unless another approved method of Phasing has previously been discussed and authorized by the AlE. This phase shall be done during weekday, Monday thru Friday from 8:00am to 5:00pm, unless another work schedule has been discussed and approved by the A&E. Phase I (b) Work to be performed: The contractor shall first demolish an existing metal hangar; this work is to be completed prior to scarifying the remainder of the parking area as shown on the plans. There also will be excavation necessary to install a 4" PVC sanitary sewer pipe from an existing sanitary manhole located to the east side of Phase I(b) to the westerly bondary of Phase I(b). It will be necessary to temporarly plug the end of the pipe, until Phase II continues the installation. Once the trench has been properly backfilled and compacted, the entire, Phase I(b) area will receive new base material subsequently followed by new asphalt overlay. After this work is completed the remainder of concrete curb, sidewalk, landscaping, and pavement marking that was partially completed under Phasel(a), is to be constructed as it is shown on the plans. Contractor shall maintain security and access to the airport at all times. This phase shall be constructed prior to starting Phase II unless another approved method of phasing has previously been discussed and authorized by the AlE. This phase shall be done during weekdays, Monday thru Friday 8:00am to 5:00pm, unless another work schedule has been discussed and approved by the A&E. Phase II Work to be performed: The contractor shall first demolish the existing hangars as shown in the demolition plans. The contractor then can scarify the entire area for Phase II as shown on the plans. After this work is completed the contractor shall continue the installation of the 2" water main from the point it was terminated at the westerly boundary of Phase I(a), along the northerly boundary of Phase II and terminating it at the proposed restroom adjacent to the proposed rectangular hangars as shown on the plans. IV-24 In addition the contractor shall continue the installation of the 4" PVC sanitary sewer which was temporally plugged, along the southerly boundary of Phase II, making a tie-in into the proposed restrooms. Contractor shall install ductbank along the outside south perimeter of Phase II, to provide electrical hook-up for the proposed hangars and restrooms. Contractor will be required to properly backfill and compact the open trenches for the (2) two pipes installed. Contractor will then apply new embankment and base material over the entire area of Phase II. Following the installation of new base material and embankment, the contractor can start forming for 6" concrete slabs to provide foundation for the new rectangular and T-hangars. Once this work is completed, the contractor can lay the asphalt overlay to match the concrete slabs to provide a smooth access to the new hangars. Contractor may now begin erecting the new hangars. On the south side of the newly erected hangars is 5' concrete sidewalk to be constructed as shown on the geometry plans. Contractor shall maintain security and access to the airport at all times. This phase shall be constructed prior to starting Phase IV(a) & Phase IV(b), unless another approved method of phasing has previously been discussed and authorized by the AlE. This phase shall be done during weekdays, Monday thru Friday 8:00am to 5:00pm, unless another work schedule has been discussed and approved by the A&E. Phase III Work to be performed: This area involves mitigation required by South Florida Water Management District (SFWMD) and the Corps of Engineers. The work includes clearing and grubbing, removal of old existing pavement, and removal of exotic plants and Australian pines. Phase IV (a) Work to be performed: Phase IV(a) involves the milling and resurfacing of an area shown on the plans. In addition some drainage is to be installed along with new pavement marking. In Phase IV(a) the contractor has the option of applying the asphalt overlay for the entire area of Phase II and Phase IV(a). Contractor shall maintain security and access to the airport at all times. This phase shall be constructed prior to starting Phase IV(b), unless another approved method of phasing has previously been discussed and authorized by the AlE. IV-25 This phase shall be done during weekday, Monday thru Friday from 8:00am to 5:00pm, unless another work schedule has been discussed and approved by the A&E. Phase IV (b) Work to be performed: Contractor shall regrade Phase IV (b), which will include the installation of new drainage, and new sod. The demolition of the existing wind cone and segmented circle, which falls within Phase IV (b), can not take place until the new wind cone and segmented circle has been installed and is operational. Located to the east end of Phase IV (b) an area to the right of the taxilane entrance, will require some regarding for drainage installation and new sod. The hangar buildings can also be erected, while the contractor is working in another Phase. Scheduling and coordination shall be approved by the NE prior to the erection. Contractor needs to be aware that the limits of work for Phase IV (b) extends 25' to the north of Phase IV(b) boundary line. Contractor shall maintain security and access to the airport at all times. This phase shall be done during weekday, Monday thru Friday from 8:00am to 5:00pm, unless another work schedule has been discussed and approved by the A&E. The Contractor shall develop the new landscaping activities and mitigation plan. The Contractor shall have available at all times appropriate sweeping and vacuuming equipment to remove any dust or debris. An inspection shall be performed by the owner representative to insure the taxiway is clear of any debris prior to opening each morning. Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus, discarded materials and rubbish, and shall submit an as-built information signed and sealed by a professional land surveyor, showing final grade elevations every 50 feet longitudinal and 25 feet transversally, and finish drainage information such as invert elevations, location, structure elevation, etc. During the week of Fantasy Fest (October 31) and New Year week the contractor shall coordinate with the airport manager, RPR, and F80's to isolate his work in some specific areas. The airport manager may instruct the Contractor to stop the work during this time. No additional time and/or cost will be granted to the Contractor. The contractor shall have a total of one hundred and fifty-five (155) consecutive calendar days from the issuances of the Notice-to-Proceed (Construction) to complete all work associated with this project. IV-26 SPECIAL PROVISION NO.3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO PROCEED DESCRIPTION CONTRACT TIME TO COMPLETE This notice shall allow the Contractor to obtain any necessary construction permits required to accomplish the work. Also, NOTICE TO PROCEED during this time, the Contractor shall order and deliver materials, A.S.A.P. (PERMITS) equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during the stage. This project will have six (6) phases to be completed, as follows (see Special Provision No.2 for phasing descriptions): 1) Phase I (A) - North Automobile Parking Area. The allowed time Maximum 30 for this phase is thirty (30) calendar days. Calendar Days 2) Phase I (8) - South Automobile Parking Area. The allowed time Maximum 30 for this phase is thirty (30) calendar days. Calendar Days 3) Phase II - Hangar Development and Taxilanes. The allowed Maximum 75 time for this phase is seventy-five (75) calendar days. Calendar Days NOTICE TO PROCEED (CONSTRUCTION) 4) Phase III - Mitigation Area. The allowed time for this floating Maximum 30 phase is thirty (30) calendar days. Calendar Days 5) Phase IV (A) - Apron Resurfacing and Marking. The allowed Maximum 20 time for this phase is twenty (20) calendar days. Calendar Days (Floating) 6) Phase IV (8) - Grass and Drainage Area. The allowed time for Maximum 20 this floating phase is twenty (20) calendar days. Calendar Days (Floating) These phases shall be completed within one hundred and fifty- five (155) calendar days. TOTAL CONTRACT TIME: Schematic Construction Scheduling and Staging are included in the plans with the work and operational constraints for informal purposes only. They are intended to represent Maximum 155 viable construction sequences which the Contractor may elect to implement. The 'Calendar Days Contractor shall ultimately be responsible for submittal of a detailed construction schedule to the AlE for review and approval. IV-27 LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED LIQUIDATED DAMAGES Notice to Proceed (Permit) None (no on-site construction) activity is being accomplished this time. Notice to Proceed (Construction) 1) Phase I (A): North Automobile Parking Area. If the Contractor fails to achieve final completion within the 30 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of .$500.00 per day, thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this phase. 2) Phase I (B): South Automobile Parking Area. If the Contractor fails to achieve final completion within the 30 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of $250.00 per day, thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this phase. 3) Phase II: Hangar Development and T axilanes. If the Contractor fails to achieve final completion within the 75 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of $1,500.00 per day, thereafter for each and IV-28 every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this phase. 4) Phase III: Mitigation Area. This is a floating and there will not be any liquidated damage associated with this phase. However, the Contractor must finish this phase within the 155 calendar days specified in this contract, otherwise the Contractor shall pay the Owner the sum of $1,500.00 per day thereafter for each and every calendar day of unexcused delay in achieving final completion. 5) Phase IV (A): Apron Resurfacing and Marking. If the Contractor fails to achieve final completion of this phase within the 20 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of $1.500.00 per day, thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this phase. 6) Phase IV (8): Grass and Drainage Area. This is a floating and there will not be any liquidated damage associated with this phase. However, the Contractor must finish this phase within the 155 calendar days specified in this contract, otherwise the Contractor shall pay the Owner the sum of $1.500.00 per day thereafter for each and every calendar day of unexcused delay in achieving final completion. Note: If Contractor fails to achieve final completion of the project within 155 calendar days fixed therefore by the Engineer in its certificate of substantial completion, the Contractor shall pay the Owner the sum of $1,500.00 per day thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this work. IV-29 SPECIAL PROVISION NO.4 PROTECTION OF AIRPORT CABLES. CONTROLS. NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. 8. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposed to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires IV-30 splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and light fixtures on site to temporarily "jump" around damaged or cut cables and fixtures if necessary to make the existing runway/taxiway/NAVAIDS systems operational during scheduled aircraft operation periods. IV-31 SPECIAL PROVISION NO.5 RESIDENT PRO-lECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be performed by the Engineer or his duly authorized representative. 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE (RPR). The RPR'S Inspector's duties and responsibilities are to: a. Monitor performance of the Contractor; require correction of work that does not meet plans and specifications; and report serious problems to the Engineer and Owner. b. Determine test sites/locations, coordinate and supervise testing. c. Interpret plans and specification details. d. Resolve minor construction problems. e. Maintain project records. f. Review and approve requests for payment to the Contractor. g. Conduct day-to-day construction observations. h. Maintain a project diary on a daily basis. I. Maintain up-to-date records on quantities of work performed and quantities of materials in place. j. Contact Engineer for advice and assistance when needed and when major problems arise. k. Recommend to the Engineer when a Change Order or Supplemental Agreement is required. 3. OFFICE. See Special Provision NO.8 for Resident Engineer's (RPR) Office. IV-32 SPECIAL PROVISION NO.6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction SeQuencinq. All construction being accomplished under this contract shall be in accordance with the sequencing indicated on the drawings. 8. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two-way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activity and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent fe~sible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, sub-contractors, material men or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to suspend his operations, remove his personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. IV-33 D. Limitations of Construction 1) All Contractor vehicles that are authorized to 'operate on the Airport outside of the designated construction area limits or haul routes as specified on the plans and in the active Aircraft Operations Area (AOA) shall display in full view (3600) above the vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard color being l' square. Any vehicle operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome-type light mounted on top of the vehicle display in full view (3600) and of such intensity to conform to local codes for maintenance and emergency vehicles. 2) All Contractor vehicles that are required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the Airport. The flagman shall remain with his vehicle at all times. All aircraft traffic on runways, taxiways and aprons shall have priority over Contractor's traffic. In the event that flagman is not available, the Contractor must provide his authorized personnel with radios operating on the local ground control frequency of 121.9 for clearance when crossing active runways or taxiways. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the Airport Manager to enable necessary "Notices to Airman" (NOTAM) or advisories to airport service or tenants. A minimum of 48 hours' notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 200' of an active runway centerline or 73' from an active taxiway centerline or open excavations in excess of three inches (3") deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) above. 5) Open flames, welding or torch-cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the Airport Manager. 6) Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of 10 knots. IV-34 7) Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of visibility and darkness. 8) Contractor to provide barricades across pavement to isolate construction activities from aircraft operating areas at locations as determined by the Resident Inspector. Barricades to be orange and white striped 8" x 8" timber, "low-silhouette" type barricades with battery operated red flashing lights or approved equal. Each barricade shall have a minimum of two flashing lights with the intensity of the lights being of such brightness so as to be readily identified during darkness periods. Barricades to be spaced approximately 20' on centers. Barricades to be sandbagged as necessary to prevent from being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. 9) During runway closures, the Contractor shall provide temporary runway closure markers (lighted X) on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise approved by the Engineer. 10) The Contractor shall keep all active airfield pavement clear of all debris, stones and other materials during construction. All active pavement shall be cleaned and inspected by the Contractor's superintendent prior to release of work crews after each shift of work. 11) All construction barricades shall be inspected by the Contractor's superintendent prior to release of work crews after each work shift to ensure barricades are properly placed and lighted for non-work hours. 12) Equipment, materials, open trenches, excavation and stockpiled material will not be allowed within 200' of centerline of active runways or within 73' of active taxiways after work operations are ceased each work shift. Coverings for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type undercarriage. 13) All existing facilities, equipment (runway/taxiway lights. visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items caused by IV-35 the Contractor or Sub-Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his "Contractor Security Officer" (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C Contractor Personnel Security Orientation. The CS'O shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. This will preclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operation areas inadvertently. IV-36 F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The CSO shall maintain a current list of companies authorized to enter and conduct work on the airport. Employee personal vehicles shall be parked in designated areas. These vehicles shall not enter the airfield at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. G. Identification - Personnel. The Contractor's onsite personnel shall be badged with identification from the Key West International Airport. The contractors supervisors shall submit to a criminal history fingerprints check from the FBI via the Key West International Airport Security manager. All supervisors shall be required to attend an Airport Orientation seminar presented by the airport operations and security unit. All other non- supervisory personnel of the contractor and subcon.tractor shall be issued a construction worker security badge supplied by the Key West International Airport, said badges will be issued to the Head Contractor for said project. The head contractor shall maintain a master list of all personnel issued said contractor security badges. The list shall be made available for the airport security unit inspection during all hours of construction on the airport. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact number for its security officer. Upon the completion of the FBI check, the contractor's issued full airport access badge for the EYW (SIDA) will act as escorts to all other personnel. The definition of escort will be explained during the airport training seminar. H. Manaqer or Director. The work on the Key West International Airport shall be under the direction of the Airport Manager or his authorized agent(s). I. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the Contractor's exclusive use during' construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. J. Contractor shall maintain security at all times during construction. K. Payment. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. IV-37 SPECIAL PROVISION NO.7 LIST OF DRAWINGS The drawings which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the contract supplementary to the specifications are as follows: Sheet No. C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-19A C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-34A C-35 Description Cover Sheet Summary of Quantities Project Layout Plan-Safety and Security Notes Phasing Layout Plan Phase I (a) Phase I (b) Phase II Phase III Phase IV (a) & (b) Demolition Plan Typical Pavement Sections Geometry and Airfield Lighting Layout FBO Parking Geometry and Landscaping Plan Airfield Lighting Details and General Notes Grading and Drainage Plans Drainage Details Drainage Details Pavement Marking Plan Pavement Marking, Tie-Down Details and General Notes Electrical Layout Plan Fire Alarm Layout Plan and General Notes Electrical Schedule and General Notes Water and Sanitary Sewer Plan Water and Sanitary Sewer Details T-Hangar Floor Plan, Elevations and Details Hangar Floor Plan, Elevation and Details (120' x 50' and 120' x 55') Hangar Floor Plan, Elevation and Details (80' x 70') Hangar Floor Plan, Elevation and Details (160' x 70') Hangar Structural Details and General Notes Restroom Floor Plan, Elevations and Details Restroom Structural Details Fence Detail Electrical Cantilever Slide Gate and Details Wind Cone Layout Plan Wind Cone and Segmented Circle Details Mitigation Plan Existing Habitats with FLUCFCS Classifications Cross Sections (Sta. 22+50 to Sta. 23+50) IV-38 C-36 Cross Sections (Sta. 24+00 to Sta. 25+00) C-37 Cross Sections (Sta. 25+50 to Sta. 26+50) C-38 Cross Sections (Sta. 27+00 to 28+00) C-39 Cross Sections (Sta. 28+50 to 29+50) C-40 Cross Sections (Sta. 30+00 to 31+00) C-41 FBO Parking Lot Cross Section (Sta. 0+50 to Sta. 1+50) C-42 FBO Parking Lot Cross Section (Sta. 2+00 to Sta. 2+50) IV-39 SPECIAL PROVISION NO.8 RESIDENT ENGINEER'S (RPR) OFFICE 1. The Contractor shall furnish office space (300 square foot minimum) for the exclusive use of the Resident Engineer(s) (RPR) as a field office. The space shall be furnished and maintained by the Contractor and shall be erected and ready for full occupancy not later than ten (10) days after the Notice-to-Proceed of Construction is issued. A. Office Equipment and Utilities. Provide all necessary power for lighting, for power outlets, for heating and cooling; provide adequate heating, cooling and ventilating equipment, drinking fountain, water, lavatory, toilet facilities, telephone and OSHA approved fire extinguisher. B. Office Furniture. Provide two desks with chairs, two drafting tables with stools, plan racks, shelves, a fire-resistant three-drawer legal size filing cabinet with locks (U.L. approved), FAX machine and a telephone answering machine. C. Services. Provide and pay all costs for private telephone service for project-related calls, water, electricity, janitorial service and all janitorial and sanitary supplies. 2. BASIS OF PAYMENT. The cost of the field office, the equipment, furniture and services shall be incidental and included in the overall cost of the pay items in the project. 3. OWNERSHIP. The equipment and furniture shall remain the property of the Contractor, shall be maintained by the Contractor and removed by the Contractor after the final acceptance of the project. IV-40 SPECIAL PROVISION NO.9 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicated, costs associated with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the airport complex. E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Review exposure to possible environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, excessive noise and similar problems). IV-41 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effec~otect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Engineer and Owner. Construction workers' private vehicles shall be parked within the areas. B. During construction, the Contractor shall maintain these areas in a neat condition. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. . C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. IV-42 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the Contractor's responsibility. 8. De-watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. 8. Drinking Water: Provide either pipe-connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water~borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. IV-43 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workmens' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate the utiliti~s and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the plans shall be used to house the Contractor's and Resident Project Representative's Inspector's offices and to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. Additionally, the perimeter of any staging area which abuts an active operation pavement shall be marked with red flashing barricades no more than 50 feet apart. Upon completion of all work, remove all construction fencing and barricades from the project site. IV-44 The Contractor's vehicles, equipment and materials shall be stored in the area designated on the plans. Upon completion of the work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Owner. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and mayor may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or Iimerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered incidental to the project. IV-45 SPECIAL PROVISION NO.1 0 DEWATERING Dewatering operations and any permits necessary to complete any portion of this project, including, but not limited to, trench excavation, backfill, installation of edge light fixtures, junction boxes, conduit and the installation of new cables in existing ducts shall be considered incidental to the bid item for which de-watering may be necessary. No separate payment will be made for the cost of dewatering. IV-46 SPECIAL PROVISION NO. 11 PRECEDENCE OF DOCUMENTS 1. GENERAL. The 8id Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above mentioned documents, the order of precedence shall be as follows: A. 8id Documents (Division I)(including any and all Addenda) 8. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) IV-47 SPECIAL PROVISION NO. 12 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 "MEASUREMENT AND PAYMENT" and in Special Provision No.1 "PROJECT GENERAL REQUIREMENTS" Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Engineer, unless otherwise instructed by him. Contractor shall use Monroe County Application for Payment form (see attachment), and shall provide related forms from the American Institute of Architects, such as: . Change Order (Form G-701) . Certificate of Substantial Completion (Form G-704) . Contractor's Affidavit of Payment of Debts and Claims (Form G-706) . Contractor's Affidavit of Release of Liens (Form G-706A) . Consent of Surety to Final Payment (Form G-707) IV-48 ATTACHMENTS APPLICATION FOR PAYMENT FORM to- Z w :IE >- <C ~ D: o U. z o ->- ~~ u< -~ ~~ A..:J C(C/) Eo') E ::J C/) t5 ~ - c: o o "ffi .!: Ol 'C o o z c: o .~ .S:! Q. 0. <{ L..: Q) "E o Q) Ol c: co ..c: o -0 Q) > o .... 0. 0. <{ >- en Q) Ol c: CO ..c: o - Q) Z co -0 'C: o u: >. C ::J o o Q) e c: o ~ o f- Qi - CO o o f- E ::J C/) t5 CO .... C o o o t5 ~ C o U E o Li:: Qi Cii o o f- -0 ~ o U5 ~ -0 Q) Q) Q. E o o "ffi '0 f- Q) Ol co c: 'm - Q) 0:: t5 ell '0 0:: .;.: .... o ~ -0 ell Q) Q. E o u .... o eft. 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C W .JW 0 ::J::J C.J Wcl: :1:> U rn ~ Q: 0 ~ Ll. 0 I lrl Z I 0 i= I lL \ I ! 0:: u I rn I W I c i ::;;. I \ < wO !;:z SPECIAL PROVISION NO. 13 SOIL BORING REPORT AND LABORATORY TESTING IV-49 r ~ n f;! R I~" ~"; ~": 8 J~ F: ~, r ~ r li~~ r [' r r r r r I I l.'!l!:;llnfonnation ~e;II. ,TbBuildOn Engineering . Consulting . Testing I(FI~ORTor (;EO IE('IINI(,\1. ENGINEERING SERVICES Em~ I'ROPOSFU lIA:\(;,\I{ UEVELOJ'i\IEl\T I~E\ wEST I:\TER:\.\TIO:\,\1. AIRPORT I~E\ WEST, FLOIHlH !'BJ:J'~\.HY!XF<) R I RS ('OI{I'OR\TIO'\ I'I{O.lH T .'\0. 3\)7-.':,IUl .11 L\ In, 11111-' l"'~;llrifonnation ~..,. .To Build On 5ntIItNerlng . CoMulllng . TNtJng July 10. 2003 U RS Corporation 7650 Corporate Cemer Drive Suite 400 Miami, Florida 33126 Attention: Mr. Andres Gutierrez, P.E. Re: Report of Geoteclmical Engineering Services Proposed Hangar Development Key West International Airport Key West. Florida PSI Project No. 397-35102 De,lr Mr. Gutierrez: Professional Service Industries, Inc., (PSI) has conducted a subsurface exploration program and geotechnical engineering evaluation for the proposed project to be constructed at the above- referenced site. Authorization for our services was provided by Mr. Andres Gutierrez, Project Manager with URS Corporation. Our services were provided in accordance with PSI Proposal No. PO-397-350065 dated May 28, 2003. Additional services were verbally authorized on July 1.2003. A summary of our findings and reconmlendations for the proposed project is provided in the Executive Summary section of this report. The resulls of this exploration, together with our recommendations for the hangar foundations. floor slabs and site preparation are presented in the accompanying report. Pro1C:i::iIOf':dl Sur'wlCO IndiJ~.lrIl3S, Inc. 1950 N W 641h Street. Mlit'TIi. Fl33166. Phone 305i471.n25. Fd.l. 305.-593.1915 URS Corporation PSI Project No. 397-35102 During the design and construction of a project, questions concerning the subsurface conditions often arise. PSI would be pleased to continue in its role as geotechnical engineer during the project implementation. We appreciate the opportunity to work with you on this project. Please do not hesitate to contact the undersigned if you have any questions about the report or if you need additional information. Sincerely. PROFESSIONAL SERVICE INDUSTRIES. INC. XIAo lil:k ~~#- Senior Geotechnical Engineer Florida Registration No. 36440 Julio de Bias, E.r. Project Geotechnical Engineer JBiHES/ec cc: Addressee (4) File (1) l""'ft:!'o;l. ~.... TABLE OF CONTENTS ITEM PAGE 1.0 EX ECUTIVE SUMMARY ................................................................................................................................ I 2.0 INTROI)UCfION ............................................................................................................................................... 3 2.1 AunlORIIA nON .... ...... ..... ......... ...... ................ .......... ....... ..... ......................................................................... 3 2.2 PURPOSE ............................................... .. . ....................................................................................... 3 2.3 SCOI'E . ...... ...... ....... ............. ........... ................................... ................. ...................... ..... .................. ...... ..... ..... 3 1.-1 GENERAL .......... ..... ...... ................ .......... ........... ..... ................ ..................... ......................... ..... ........... ...... ..... 4 3.0 I'ROJECT DESCRIPTION .................................................................................................................................. ".0 DESCRIPTION OF SITE ................................................................................................................................... .. .t, 1 Sill: LOCATION ...............................................................................................................................................4 4.2 SITE CONDITIONS.. ......... ......... ..... ..... ........ ................................................. ...... ............. ............ .............. ........ 5 5.0 1'"1 E LJ> EX PLORA TION ..................................................................................................................................... 5 5. I GI'NI'R,\l ....... ...... .................. ..... ....... ....................................................... ....... ........... ............................ ........ 5 5.2 STANDARO PENETRATION TEST (SPT)............................................................................................................ 5 5.3 L"UORA TORY TESTING ......................................... ...... ........ .................. .......................................................... 6 5.4 HAND PROBES ...... ...... ............ ...................... ......... ......................... .............. ........... ...... .................. ................ 6 6.0 SUBSURFACE CONDITIONS .......................................................................................................................... 7 6.1 GENERAl. ........................ ....... ..... .................... .....................:............. .......................... ........... ....... .......... ....... 7 6.1 REGIONAL GEOl.OGY ............... .............................. ............................................................................... .......... 7 6.3 SOIL/RoCK CONDITIONS .................................................. ......... ..... ....... .............. ..... ........... ............................ 8 6.4 GROUNDW A 1 Ell. CONLJIlIO'olS.................... ............................................ .......... ......... ............ ........................... 9 7.0 FOUN DATION EVALUATION ........................................................................................................................ 9 8.0 RECO:\lMENDED FOUNDATION TYPE AND FLOOR SLAB................................................................. 10 8.1 SIIAI.l.OW FOUNDATION DESIGN ................................................................ .................... ...................... 10 g.2 A:-':CIlOR SYSTEM ................................................................... ................ ..... .................................. II g.3 DEEI' FOUNDATlONS............................................................. ........... .... ................... 12 &.-1 5Vnl.EMEN r POTENTIAl. ................................................................................... ........... .............................. 13 8.5 FLOOR 5I.AII.................................................................................................................... ....................... .... 1-1 9.0 CONSTHUCTION CONSIIJEHATIONS........................................................................................................ J" 9.1 51 IE PIlEI'ARATIO'ol....................................... ... .................. ....................................... 14 <>.2 IN-Sll L' DLNSIII('AIION OF SOILS .................................................................. ....... ...... . .............. 15 <>.3 STRIJCTURAI. FII.L ANI) BACKIIl.l. .. .............................................................. ....................... 15 9,4 (jR()(j)o;I)\\,Al FR CONTROL. .................... ............................................................................... ................ 17 9.5 SII.\U.OW FOUNDATION CONSTRI.lCTION ................... ............................................... 17 9.6 ALGI RC,\ST PILE INSTAl! ..\1I0N. . ...................................... I R 9.7 DRILI.ING ,\NO (iRoniNG.............. .......................... 18 9.8 AUGERCAST PILE MONlTORIS(; ........................... .......... ........ ...20 9.9 Ttsr 1'11.( PRO(jll.\~I................. ............................ . ................. 20 l...~;l I:!:. fIiJI. . ITEM TABLE OF CONTENTS PAGE 10.0 F: XC II. VAT I ONS .............................................................................................................................................. 21 11.0 GEl\' ERAL CONDITIONS ............................................................................................................................. 22 AI'PENDIX l"-teO;/ I;t:.". Site Vicinity Map Boring Location Plan Generalized Subsurface Profiles Logs of Borings Correlation of Penetration Resistance with Relative Density of Granular Soils Drilling and Sampling Procedures, Field Tests and Measurements Proposed Hangar Development Key West International Airport Key West. Florida PSI Project No. 397-35102 1.0 EXECUTIVE SUMMARY The results of the field exploration program and geotechnical engineering evaluation indicate that the proposed construction is feasible from a geotechnical engineering standpoint. A conventional shallow foundation system is considered suitable after the site preparation recommendations presented in this report have been implemented. Howe\'cr, a deep foundation system must be used for the proposed hangars 19 and 20. The shallow foundations will need to be anchored a minimum of 3 feet into the natural limestone rock fomlation to meet local code requirements. Augercast piles can be used for the rock anchor system. In lieu of using a combination shallow foundationJrock anchor system, a deep pile foundation is also feasible. The site Stratigraphy and our recommendations for foundation design and related construction are summarized below. · Generally, the borings with the exception of borings B-4. B-9 and B-lO disclosed either a topsoil or fill layer ranging' to a depth of 2 to 4 inches and to a depth ranging from 6 inches to 1.5 feet below existing grade, respectively. Boring B-1 disclosed a sand layer from 6 inches to 2 feet below the fill material. Below these layers, the natural limestone fonnation was encountered to the termination deplh of 10, 12,20 and 30 feet below existing grade (with lhe exception of boring 8-6 where a sand layer with limestone fragments was encountered from 8 to 10 feet below grade). Borings B-4, 0-9 and B-IO uisdoscd 2 inches of asphalt followed by granular fill to a maximum deplh of 3.7 feet below existing grades. Generally, below the till materials, a layer of fibrous peat, sandy silt or silty fine sands was encountered to depths ranging from 6.8 10 14.7 feet below the existing grade. Following these materials, the nalurallimestone fonnation was encountered to the boring termination of 12 and 30 feet below existing ground surface. · Groundwater levels at the test locations were measured at depths ranging belween 1.1 anu 3.1 feet below the existing grade. l.... II:!" ;/ ~". Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 2 . With the exception of hangars 19 and 20, the remaining hangar structures can be supported on a shallow foundation system, bearing on the compacted existing fill soils, compacted structural fill. and/or on the natural limestone fomlation. We reconunend that footings be designed using a maximum allowable nct bearing pressure of 3000 pounds per square foot (pst) for bearing on fill material and 5,000 pounds per square foot (pst) for footings bearing on the limestone formation. Hangars 19 and 20 must be supported on a deep foundation system due to the presence of unsuitable materials (Borings B-4, B-9 and B-I0). Augercast piles arc typically used as a deep foundation system. . To meet local code requirements, the shalIow foundations will need to be anchored a minimum of 3 feet into the natural limestone rock formation. Augercast piles would be the most appropriate type of rock anchor system. . As an alternative to using a combination shallow foundation/rock anchor foundation system, a deep foundation system utilizing augercast piles can be employed. This deep foundation system must be used for hangers 19 and 20. . Site preparation shall consist of removing any pavement on proposed foundation areas. removing or rerouting existing utilities and fiJling with compacted structural fill. The owner/designer should not rely solely upon the execlIlivc summary and must read and evaluate the entire contents of this report prior to utilizing our engineering recommendations in the preparation of design and construction documents. ~.J 1t::.:!i!:!J Proposed Hangar Development Key West International Airport Key West. Florida PSI Project No. 397-35102 3 2.0 INTRODUCTION 2.1 Authorilation This rcport presents the results of a subsurface exploration and geotechnical engineering evaluation for the proposed Hangar Development. The site of the proposed development is located inside the premises of the Key West International Airport in Key West, Florida. Authorization to perform this study was provided by Mr. Gutierrez with URS Corporation by way of a signed agreement dated May 28. 2003. 2.2 Purpose The purpose of this geotechnical study was to obtain information on the general subsurface and groundwater conditions at the. site and to provide engineering recommendations for foundation design and site preparation. 2.3 Scope The scope of this study included a subsurface exploration, tield testing, laboratory testing, evaluation of the subsurface materials, engineering analyses and report preparation. The scope of services did not include any environmental assessment for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water. groundwater. or air, on or below or around this site. Any statements which appear in this report or on the boring logs regarding odors. colors or unusual or slIspiclOU$ items or conditions arc strictly for the information of the cliellt. ~;J. f~ Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 4 2.4 General The general analysis of the subsurface conditions reported herein is considered sufficient in detail and scope to fonn a reasonable basis for the foundation design. The recommendations submitted for the proposed development are based on the available subsurface information and the design details furnished. If there are any revisions to the plans for the proposed structures, or if deviations from the subsurface conditions noted in this report are encountered during construction, PSI should be retained to determine if changes in our recommendations are required. If PSI is not retained for these functions, PSI will not be responsible for the impact of those conditions on the performance of the project. 3.0 PROJECT DESCRlPTION Based on information provided by Mr. Andres Gutierrcz, Project Manager with URS Corporation. it is our understanding that the proposed developmenr consists of hanger structures. Structural loading has not been provided to us at this time. For the purpose of this report, we have assumed maximum wall and column loads of 4 kips per lineal foot and 150 kips, respectivel)'. Also, we have assumed the Foundation clements will need [0 be designed to resist uplift forces associated with 150 high wind loads. If any of the above information is incorrect. or changes are made with respect to the planned development. please inform PSI so that we may revise this report accordingly. 4.0 DESCRIPTION OF SITE 4.1 Sitc Locatioll The site is located at the Key Westllllemational Airport in Key West, Florida. We have appended a Site Vicinity Map which identifies the location of the study area. This map is presented on Shcct I of the Appendix, 1 "~;1. ~.;11. Proposed Hangar Development Key West International Airport Key We$t, Florida PSI Project No. 397-35102 5 4.2 Site Conditions The site conditions were observed by a representative of PSI during our subsurface exploration. The site is currently occupied by the Key West International Airport facility. The exploration site consisted of asphalt pavement and fill materials. No standing water was observed during the time of the field exploration program. The truck mounted drilling equipment used for the subsurface exploration did not experience difticulty in moving around the site. 5.0 FlELD EXPLORATION 5.1 General The field exploration to evaluate the engineering characteristics of the subsurface materials included a reconnaissance of the project site. clearing underground utilities, drilling of the test borings and performing Standard Penetration Tests. Water level measurements were recorded in each borehole after their completion. 5.2 Standard Penetration T('sts (SPT) Eleven (11) Standard Penetration Test (SPT) borings were completed at the project site. The SIYf borings were perfom1cd to depths ranging from 10 to 30 feet below the existing grade. The boring locations are presented on the Boring Location Plan provided on Sheet 2 of the Appendix. The procedures used for drilling. sampling, and conducting field tests and measurements are discussed in the Appendix. The borings were performed at locations selected by URS Corporation and PSI. They arc presumed to be ;u;curate to within a few feet. After completion of the test borings. the boreholes were backfilled with excavated soil, and the site was cleaned as required. r;;::u:;;,. l~ Proposed Hangar Development Key West International Airport Key West. Florida PSI Project No. 397-35102 6 5.3 Laboratorv Testinl! Materials encountered during the subsurface exploration were visually classified and selected samples were tested for Natural Moisture Content, Organic Content and percent finer than the No. 200 sieve. The results are given in the following table. TABLE 1 Summar\' of Laboratory Test Results BORIl'\G I>EPTIi NATURAl.. PERCEI"'I' (%) ORGANIC 1"0. FROMITO WATER PASSII"G COI'''TE!';,. ('k) /n~E.!L_.__.__ ...__._f9.~'!!'!''I.~L_____ _ ~~.?~~IEVE___ .-.-.---...--.--.-...............--...--.-.. 8-4 8 - 9.5 185 - 31.2 B-4 12 - 14.7 129 24.5 -.- 5.4 Hand Probes Hand probes were performed in the area where the proposed hangar structures encroach into the adjacent wetland areas (shaded areas on boring location plan). The purpose of this was to dett:nnine whether any soft soil deposits an: located within these areas. Hand probing was completed with a small diameter steel rod. The surficial materials were unpenetrated which may be the result of either limerock fill or natural limestone deposits. Although we could not detem1ine the presence of any surficial soft soils, Ihere is a pOlentiallhat if Ihe surface materials are limerock fill, soft soils could exist helow this till material. l'" tt:!> ;1 ~..,. Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 7 6.0 SUBSURFACE CONDITIONS 6.1 General Subsurface materials encountered at the various boring locations have been visually observed and classified and are described on the boring logs. The results of the Standard Penetration Tests and water level observations are also presented on the boring logs with Generalized Subsurface Profiles being provided in the Appendix. Representative samples of the materials recovered from the borings were placed in sample jars. They are now stored in the laboratory for further analysis if desired. Unless notified to the contrary, all samples will be disposed of after 60 days. The stratification of the profile components as shown on the boring logs and generalized subsurface profile represent the subsurface conditions at the actual boring locations. Variations may occur within a shon distance from the borings. The subsurface stratification lines presented on the boring logs represent the approximate boundary between the types of materials encountered, but the transition may be gradual. or not clearly defined. It is to be noted that. whereas the test borings arc drilled and sampled by cxpcriem:ed drillers. it is sometimes difticult to record changes in stratification within narrow limits. 6.2 RC2ional Gcolc)!,.... The Keys arc a series of islands at the southern tip of Florida. The land mass typically comprises limestone at fairly shallow depth. At the transition between land and water, there arc occasional mangrove swamps. which havc a surface veneer of peat and other similar organic soils atop the rock. Portions of the islands arc rcclaimcd, particularly in the more developed areas such as Key West. In such ;lI'<~as, the limestone is mantled with a sand/limerock till. ~. ... r!!'. II:!!."'. .. Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 8 The natural limestone typically grades moderately well to well cemented. The limestone, although very porous, is not susceptible to sinkhole collapse as in other areas of the State. 6.3 Soil/Rock Conditions Generally, the borings with the exception of borings B-4, B-9 and B-lO disclosed cithcr a topsoil or fill layer ranging to a depth of 2 to 4 inches and to a depth ranging from 6 inches to 1.5 feet below existing grade. respectively. Boring B-1 disclosed a sand layer from 6 inches to 2 feet below the fill material. Below these layers, the natural limestone formation was encoumered to the termination depth of 10, 12, 20 and 30 feet below existing grade (with the exception of boring B-6 where a sand layer with limestone fragments was encountered from 8 to 10 feet. below grade). Borings B-4, B-9 and B-I0 disclosed 2 inches of asphalt followed by granular fill to a maximum depth of 3.7' feet below the existing grade. Generally, below the fill materials, a layer of fibrous peat, sandy silt or silty fine sands was encountered to depths ranging from 6.8 to 14.7 feet below existing grade. Following these materials, the natural limestone fonnation was encountered to the boring termination of 12 and 30 feet below existing ground surface. A detailed description of the subsurface conditions is provided on the attached boring logs, with a generalized subsurface profile provided on Sheet 3 of the Appendix. The Standard Penetration Test N-values are used to evaluate the relative density of granular soils. The correlation of penetration resistance with relative density is presented in the Appendix. r;;:;:;;;-., ,~ Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 9 6.4 Groundwater Conditions Groundwater levels were measured in the open boreholes upon completion of the drilling and sampling operations. The water levels measured in the test borings. ranged from 1.1 to 3.1 feet below the existing ground surface. In relatively pervious soil. such as sandy (granular) soils the indicated depths are usually groundwater levels. Seasonal variations. tidal conditions, temperature. land use, and recent rainfall conditions may influence the depths of the groundwater. We reconunend that the contractor determine the actual groundwater levels at the time of construction to determine groundwater impact on the construction procedure. 7.0 FOUNDATION EVALUATION Results of the study confinu that the site is suitable for the planned construction when viewed from a geotechnical engineering perspective. The subsurface conditions of the site are not expected to impose any severe constraints or limitations on the construction from a soil mechanics and foundation engineering viewpoint. A shallow foundation system can be used to support the structural loads of the proposed hangar structures except for hangar numbers 19 and 20, which would have to be supported on a deep foundation system. However. local codes require that shallow foundations be anchored into the natural limestone rock formation to protect against uplift conditions. Augercast piles are typically used for this purpose. As an alternative to using a combination shallow foundation/rock anchor foundation system. you may wish to consider using deep foundations such as augercast piles. l"~;1 1:1!."". . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 10 A deep foundation system should be used to support hangar numbers 19 and 20, and any associated construction in that area due to the presence of unsuitable materials. Augcrcast piles arc typically used as a deep foundation system. Preparation of the site to receive the structures should include removal of any pavement on the proposed foundation areas and removal and rerouting of existing utilities. Construction debris that results from the stripping, activities should be removed entirely from the construction area. Floor slabs may be constructed directly on top of compacted structural fill that will be placed to achieve the subftoor level. However, floor slabs for hangars 19 and 20 must be structurally supported on a deep foundation system (e.g. auger-<:ast piles). Design criteria for shallow foundations, anchor systems, deep foundations. and floor slabs are provided in the following seCtions of the report. 8.0 RECOJ\IMENDED FOUNDA nON TYPE AND FLOOR SLAB 8.1 Shallow Foundation Dcsil:1l Shallow foundations can bear directly on compacted existing fill soils, compacted structural fill, andlor on the natural limestone formation. We recommend that footings be designed using a maximum allowable net bearing pressure of 3000 pounds per square foot (pst) for bearing on fill material and 5.000' pounds per square foot (pst) for footings bearing on the limestone formation. r;::;:;;:;;, ,~ Proposed Hangar Development Key West International Airporl Key West, Florida PSI Project No. 397-35102 11 The footings should be based at least 18 inches below the finished exterior grade in order to provide confinement. We reconunend that the footings supporting isolated columns have a minimum width of 24 inches and that continuous footings be at least 18 inches wide, even if these dimensions produce a bearing pressure less lhan the allowable. The purpose of limiting the minimum footing size is to prevent a "punching" shear failure and to reduce the possibility of bearing on an isolated weak zone. The allowable bearing pressure refers to dead and normal live load conditions. It may be increased by 25 percent for total loads, including wind forces. The weight of the footings and backfill soils may be neglected in the foundation sizing computations. 8.2 Anchor Sntem As specified by the City of Key West Building Department, building foundations are required to be anchored to the natural limestone rock formation. Typically, 18 to 20 inch diameter drilled shafts/augercast piles are used for rock anchors. The drilled shaftfaugercast anchors will need to be installed a minimum of 3 feet into the natural limestone strata and need to be reinforced with four (4) No.6 steel reinforcement bars. Our analysis for the rock anchor system consisted of detemlining the allowable loading for an IS-inch diameter drilled shaft/augercast pile installed to a minimum depth of 3 feet into the natural limestone. The results of our analysis is summarized below. Augercast Pile Minimum Rock Allowable I Allowable Uplift Diameter Socket Lenl.:th Compression j Capacity (fOilS) (inches) (feet) Capacity (Tons) ~- ----- 18 3 I 20 10 l"'~.J ~~.. Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 12 We recommended that the drilled shaft/augercasl pile installation procedure be monitored by a representative of PSI. 8.3 Dcco Foundations Augercast piles (pressure-grouted) arc considered the lUost appropriate type of deep foundation system for the support of the proposed structures. They may be used in lieu of a spread foundation with rock anchors. However, they must be used to support hangars 19 and 20 and any construction in that area due to the presence of buried unsuitable materials (peat and silty materials encountered in borings 8-4, 8-9 and 8-10). The axial capacity of these piles is essentially developed in side shear (skin friction) between the periphery of the grouted pile and the layers of rock or/and sand through which the piles penetrate. Our analysis consisted of determining pile capacities for a specific pile size and lengths. This structure can be supported on 18-inch diameter augercast piles with the allowable capacities and minimum rock socket length as outlined in the following table: SUM!\lARY OF AUGERCAST PILE CAPACITIES AlJGERCAST MINIl\fl)J\I ALLOW ABLE ALLOWABLE ,\U.OW ABLE I\IAXL\IUM PILE ROCK COMPRESSION UPLIFT LATERAL L,\ TERAL DIAMETER SOCKET CAPACITY CAPACITY CAPACITY DEF1.ECTION (INeIlES) LENGTH (TONS) (TOl'\S) (TONS) (INellES) (FEl'.."T) 18 5 35 17 3 0.5 .,- 18 7 45 22 4 0.5 Piles must have a minimum penetration of 3, 5 and 7 (as sek-cted) feet into the natural limestone layer below the bottom of the pile cap. The limestone formation was encountered at depths ranging from approximately 6.8 to 14.7 below existing grade in borings B-4, B-9 and 8-10. It w~ encountered ranging frolll the existing grade to 2 feet below existing grade in the rest of the borings. r;:;::;;;, 1t:::.:::.!J Proposed Hangar Development Key West International Airport Key West. Florida PSI Project No. 397-35102 13 A safety factor of 2 was used in our calculations. The pile capacity reconunended previously is controlled by stresses developed in the subsurface materials only. Allowable stresses for the selected pilc section may impose more stringent restrictions on pile capacity and should be checked by the structural engineer. 8A Settlement Potential The amount of settlement that a structure will experience is primarily governed by the compressibility of the materials, the size and depth of its foundations, and the pressure imposed on the supporting materials by the foundations. Based on the field test data obtained, our experience with similar structures, and empirical relationships for bearing capacity and settlement, we have estimated that the maximum total settlement of the foundations for the structures will be less than one (l) inch. Differential settlement. between adjacent foundations. should be approximately one-half of the total settlement. Distortions that occur along the wall footings due to differential settlement should nOI be more than 1 in 1000. Because the materials that will provide support to the footings are granular in composition, foundation settlements are likely to occur almost immediately upon application of the loads. In this case, nearly all the settlement of the foundations due to dead loads is expected to take place during construction. The portion of the settlement due to the live load of the structure will generally take place soon after the first application of this load. l""'C!>;l. I:!.". Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 14 8.5 Floor Slab We recommend tile procedures described in the "Site Preparation" section of this report be used to prepare the floor slab subgrade. Ground Ooor slabs can bear directly on acceptable compacted structur,t1 till materials. However, floor slabs for hangars 19 and 20 must be structurally supported on a deep foundation system due to the presence of unsuitable materials (e.g. augercast piles). Slab-on-grade construction may then be employed for the ground floors of the building. The floor slabs should be reinforced to make it as rigid as practical. Proper joints should be provided at the junctions of the slabs with the walls and columns so that a small amount of independent movement can occur without causing damage. If moisture intrusion into the tloor slabs is not desired, an impenneable membrane should be installed on the soil subgrade before the slabs are cast. Nonnally, a 6-mil thick polyethylene film is satisfactory as a subgrade moisture barrier. However. some floor coverings may have a comparatively sensitive tolerance to moisture tlux that a thin polyethylene film carmot suppress. Under these conditions, other types of moisture membranes may need to be considered. 9.0 CONSTlHJCTION CONSIDERATlO:\S 9.1 Site Preparation We recommend that all pavement areas and all surticial unsuitable material on site be striped. and removed from the proposed shallow foundation areas. Following the stripping operations, the exposed subgrade should be proof-rolled as specified in Section 9.2. Proof-rolling operations should continue until the sllbgrade soils are linn and unyielding. Any till required to raise grades should conform to the recommendations in Section 9.3. l...~;l ~fIiJI. Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 15 Densitication of the soils should be performed in the proposed hangar footprints plus a 5-foot wide perimeter extending beyond the outside lines of the structures, where practical. 9.2 fll-Situ DCllsilication of Soils Compaction of the in-place granular soils in the proposed foundation footprints plus a 5-foot wide perimeter extending beyond the outer lincs of the foundation area, where practical, should be accomplished with a self-propelled vibratory roller, which imparts a dynamic force of not less than 20,000 pounds. To minimize the cffccts of compaction induced vibrations on adjacent existing structures, the compaction operation should be limited to a maximum distance of 25 feet from the existing structures. The maximum drum roller weight to be used between 5 to 25 feet frol11 the cxisting structurcs should be limited to 8 tOIlS. For distances of less than 5 feet, a walk behind vibratory sled or rollers should be used. Compaction of the bearing surface using this equipment should continue until no further vertical settlement of the surface is visually discernible. Density control should be exercised in the upper 12 inches of the subgrade. Soils in this interval should be compacted to 95 percent ot' the Modified Proctor maximum dry density determined per ASTM 0-1557. Frequent wetting of the subgrade may be necessary during the rolling operations to prevent drying and loosening of the upper sLx (6) to 12 inches of soil. 9.3 Structural Fillllnd Backfill Proper control of the placement and compaction of new fills for the project should be exercised by a representative of the Geotechnical Engineer. The fill materials should be placed in lifts nOI exceeding 12 inches in loose thickness. Compaction should be accomplished with a self-propelled vibratory roller. l.....~;l. I:!!."'" . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 16 Each lift should be compacted to a minimum of 95 percent of the Modified Proctor maximum dry density near the optimum moisture contem as determined by ASTM D-1557. One in-place density test for each required lift of fill per 2,500 square feet of area should be performed. Fill to be compacted with a vibratory plate or a small walk behind vibratory roller should be placed in lifts not exceeding six (6) inches in loose thickness. It is imperative that any fill be placed, compacted and tested in accordance with the recommendations presented in this report in order to adequately' support the foundation. The tests should be performed by a qualified soils technician working under the supervision of a Geotechnical Engineer in accordance with appropriate ASTM procedures. Any fill indicating less than the recommended relative compaction should be recompactcd until the required density is obtained prior to the placement of subsequent lifts or concrete for the substructure. The structural fill should be free of organic matter and consist of granular material containing less than 10 percent passing the U.S. Standard No. 200 mesh sieve. The fill material may be composed of either clean sands or crushed limcrock. The crushed limcrock should have no particle size in excess of three (3) inches. We recommend that the structural fill have a Unified Soil Classification System designation ofGP, GW, SP, SW, GP-GM. GW-GM, SW-SM or SP-SM. Structural fill or backfill to be placed below the water level should consist of an inorganic, non-plastic material, free of any man-made debris, crushed limerock with a three (3) inch maximum particle size with ASTM (Unified) Soil Classification of GP or GW or FDOT 57 Stone. L"'ro;/ 1:!..a;;t1. . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 17 9.4 Groundwater Control Groundwater control may be required for foundation construction. Groundwater can generally be lowered one (1) to two (2) feet by pumping from barrel sumps located in perimeter ditches or pits. All sump inlets should be located outside the hearing areas to avoid loosening the surrounding soils. The groundwater level should be maintained at least one (l) foot below the bottom of any excavations made during construction and two (2) feet below the surface subject to vibratory compaction operations. In areas where deeper groundwater drawdown or control is required, or where more positive groundwater control is desired for prolonged periods, a single-stage, fully sanded vacuum well point system may be required. The contractor shall make sure that the dewatering scheme does not effect existing off-site structures. 9.5 Shallow f'oundation Construction After the site preparation recommendations have been properly implemented and the area has been backfilled to its final grade. the footings can be placed on tht: existing compacted fill or on compacted structural fill. Disturbance of the granular soils caused by the excavating equipmem and pockets of loose soil that were not disclosed by the borings can occur at the foundation bearing elevation. For this reason, it is recommended that the soils exposed at the bottoms of the footing excavations be compacted in-place. The upper twelve (12) inches of these soils should be compacted to achieve not less than 95 percent of the Moditied Proctor maximum dry density as determined by ASTM designation D-1557. If the foundation bearing matcrials become disturbcd due to surfacc watcr rcsulting from precipitation and runoff, thc di~turhed soils should he overexcavated and replaced with compacted crushed limerock. L"'C!';l ~..;I. Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 18 If the footings bear on the natural limestone surface. in lieu of compaction. the excavation bottoms should be inspected by a Geotechnical Engineer fr9m this office to verify the integrity of the limestone. If pockets of soft soils or solution features in the form of slots or chinmeys arc found. they should be excavated to a depth of three (3) times the feature width or diameter and backfilled with lean concrete. 9.6 Au::ercast Pile Installation Recommendations for augercast pile installation are presented hereafter. · We recommend that the piles be spaced at least 2.5 pile diameters cemer-to- center to minimize pile capacity reduction caused by group effects. A placement tolerance with respect to the design center of 3 inches should be specified for group piles and one (I) il'!ch for isolated piles unless more stringent construction positioning is required. Out-of-plumbness for the piling should be limited to two (2) percent maximum. . The 28-day compressive strength of the grout used in the piles should be determined by the structural engineer or should adhere to building code requirements. . As specified by the City of Key West building department. rock anchor piles require four (4) #6 steel reinforcing bars. The reinforcement bars should extend the full length of the pile. The reinforcemcnt rcquirements for the deep foundation option should be detennined by the project structural engineer. 9.7 Drilling and Groutinl.!. Augercast piles are constructed by rotating a hollow-stem continuous tlight auger into the ground until the planned tip depth or termination criterion is achieved. At the tennination depth. a grout with high fluidity is pumped under pressure into the hole through the hollow stem auger. As long as pressure is observed in the line, the auger is slowly withdrawn up the hole and the augercast shaft is constructed. l...~il. ~.... Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 19 Grout volumes, possibly up to 1.5 times the theoretical pile volume, may be required for proper pile installation. The grout factor is defined as the actual volume of grout pumped into the pile divided by the theoretical volume of the drilled hole. After achieving the desired depth, a positive grout pressure should be observed prior to initiating withdrawal of the auger. A continuous fluid return consisting of slurry and then grout at the top of the hole is the best indication that the desired pressure head is being achieved. The auger should be withdrawn slowly so that a positive grout pressure is maintained in the hole at all times during auger withdrawal. If the withdrawal of the auger becomes erratic, grout pressure suddenly drops, or if the grout is interrupted, the auger tip should be reinserted at least tive (5) feet below the level where the grouting operation was disrupted prior to resuming withdrawal of the auger. The installation of adjacent piles located within four (4) feet of each other on the same working day is not recommended at this site due to the potential existence of inter-connected pores or cavities in the limestone layers. We recommend that adjacent piles located within four (4) feet not be installed until the initial grouted pile has set overnight. SOlUe subsidence of fresh grout may occur in the top of the piles. This subsidence is in-part a result of the weight of the grout column "pushing" laterally into pores in the limestone layer. We anticipate that subsidence will occur within a period of approximately two hours following the grouting operation. If subsidence occurs while the pile grout is in a fluid state, we recommend that the pile be immediately tilled Wilh fresh grout to the proper cUloff elevation. We reconunend that a pile grout subsidence of up to eight (8) inches be considered acceptable. Grout should not be pumped into the piles when it is older than 90 minules from the time il was hatched. l""C!';1 ~oQI. . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 20 Prior to actual installation of the piles, the contractor should demonstrate that the materials and equipment proposed for use are capable of installing the piles. The contractor should provide an accurate method of determining the depth and aliglIDlent of the auger. 9.8 Au!!crc:ast Pilc Monitorinl! Successful auger cast-in-place pile installation will in large part depend upon the expertise of the contractor and the techniques he uses. Because of the possibility of soil intrusions during auger withdrawal and nonvertical piles, the job specifications must be carefully prepared and continuous inspections made of the installation. Full-time observation must be maintained during installation to monitor depths and the amount of grout pumped versus the rate of auger withdrawal. The full-time monitoring of pile installation will provide a degree of assurance that continuous piles of the proper cross-section are being constructed. We recommend that the grout pump be calibrated prior to initiation of production pile installation. At least two (2) sets of six (6), 2-inch cubes or three (3)-inch diameter x 6 inch high grout cylinders should be made for each day of pile installation. 9.9 Test Pile Pro\:ram Pile load tests are not required for pile capacities under 40 tons. A test pile program will be required for pile capacities greater than 40 tons. However, regardless of the pile capacities it may be prudent to perform a pile tension load test due to the high design wind loads and critical uplift conditions. We recommend three (3) grouted indicator piles for the proposed structures (hangars 19 and 20). The indicator piles shall be constructed as close as possible to the exploratory borings so that the drilling characteristics can be directly correlated to known subsurface conditions. l..."r.~;l I:!!..,;;/I. . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 21 Grouted test piles should be installed at the location where the indicator piles indicate the weakest rock condition to occur. The pile should be subjected to a full scale compression and tension load test pursuant to the requirements of ASTM D1143 and the Florida Building Code. The use of strain gauge instrumentation will allow for better evaluation of the load transfer mechanism to the limestone layers and possibly a reduction in pile lengths. Testing of the pile should include the standard method of loading. 10.0 EXCAVATIONS In Federal Register, Volume 54, No. 209 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for Excavatjons, 29 CFR, part 1926, Subpart p". This document was issued to better insure the safety of workmen entering trenches or excavations. It is mandated by this fcderal regulation that all excavations, whether they be utility trenches, basement excavation or footing excavations, be constructed in accordance with the new OSHA guidelines. It is our understanding that these regulations are being strictly enforced and if they are not closely followed, the owner and the contractor could be liable for substantial penalties. The contractor's responsible person, as defined in 29 CfR Part 1926, "should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth. including utility trench excavation depth, exceed those specitied in local, state, and federal safety regulations. We arc providing this infomlation solely as a service to our client. PSI is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not bc inferred. ~. ....~. I:!t.oi;/II. . Proposed Hangar Development Key West International Airport Key West, Florida PSI Project No. 397-35102 22 11.0 GENERAL CONDITIONS The Geotechnical Engincer warrants that the findings, recommendations, specifications, or professional advice contained herein, have been presented aftcr being prepared in accordance with generally accepted professional practice in thc field of foundation engineering, soil mechanics and engirn..>ering geology. No other warranties are implied or expressed. After the plans and specifications are complete, it is recommended that PSI be provided the opportunity to review the final design and specifications, in order to veril)' that the earthwork and foundation recommendations are properly interpreted and implemented. At that time, it may be necessary to submit supplementary recommendations. This report has been prepared for the exclusive use URS Corporation for the specific application to the proposed construction in Key West. Florida. trait:!' ;1. ~'IIiJ/1. APPENDIX (ft';!!;;, I~ APPROXIMATE SITE LOCATION I I J Ii ~ / /4 '\ to ~t. n..a.Ktr /~ I I .; +/9 / /~, ~ ~ 0...0\. '-orAw :-: \ ~ \ 'O""~ . I \ ..,.f.""'4,oP-"Alt .. l~ ,," .'" ( \ \\ V \ ...~ I ~ 'l' "........\11 .. ' ~ ,'.,... ". \ \.\ to ..,- ,;~..':t .. . ::...~ '\."/ ~ ".. .\ ~.~ .. \_Aof ;.,". /~\,/\' \JIW- "9> 1..,\\. 'L <# A"." .. f,\\.. I fI' . L\"": ~..;f} ..,'11\\ ~" 9 '.j'". \, \. ... .... 1'. ., ~ /.. . ~ .. ~ III I ~ , , lI'I '" , ~ ..- ., ,,". S~i...w \ !!t 5Itl.... l1li_ 8111.... 111l1Aot .. " ;: 011 (ftM,' 't' :,. . ( 11 f j; I t f J)lI _ REFERENCE: MICROSOFT STREETS &: TRIPS. 2002. SCALE: NO T TO SCALE SITE VICINITY MAP CEOTECHNICAl. ENGlhEDllNC SEJMCES PflOPOSED HANGAR DEVELOPMENT KEYWESIINIERNAlIONALAJRPQHl KtY WEST. FLORIDA ....."...--.--- 7/03 SHEET#l f'!Il.L I<<l: 391-3:>102 ~ DRAWN: ~u.s. OS .,,_._------~ JB 1BB Environmental Geotechnical Construction Consulting' Engineering' Testing caio: . f ~-.lr',:" !: I r..;r~' OUllC',,", I .1 '"" / t, '...i........,.. "'~A It.$ ............---'-- .'...~,,--~- IlORJNG lOCATION PUN ll"l~~' NOIIOI;fO~I:lC'W\QlIolf.I(J o:n'WST ~~.t,IIlfOII, $- AWAQlO~TZ:: sn BOIUHG I.!X:ATION UD fttl DUPI . ~MAlt$PTMlJHGt.OCAnONrn~Df:S") G -"""'OlaMATE SfT IOUNG lDCA1lOH (lO ~ DID") .....:. ~~~.L,.. -.fS ....-.(ii.... ~'--- .. cn....""*Clo :;.;.-;;.....,......-;;--~ IimJ {r'lVUQn'"""""/Q, (."Of.~h""C;O[ C,:,n."'uCf,on C...........""9.II"~.r...,...., Q€J'THIN FUT " . s:: . s::: · . s: ~ ~ ;~~:~:::::'" :a ! !. IllIIIlIlIllllI .. .. ~ :~ :1 · · s: :i~ a ~ '<ljl , ........ =~::::;:; . . ~ ;;; ~ "'~ j!:. + ~ ~ ~_lN '" o ~ ~.. . ~ ~ ~ '" '" ~ : s: : : : :;; ~ : s: · :i: :: ;;; " . .. LTU Nt 1lU1(1 --I ~ u z 0: w IIJ ~ ::> z t;; w J: Ul ,. ;::.., ~ ~~ ~ ~ ~~ I-<U:O -t: ;g~ ~~ Q do > !S':<.. Z .. - _=0 ~";;j~ ~ '" eON ~ g ~ 0 .~ Ei: S v G.=...~.II'\ -Q~~:OE- M ~w>~fia~ ~ ~NCD ::c- ~ : ~ I l~ ~ 0 ~wo e~ z oZ..A.~ I-< _w U ~(!) a u:. ~ o Q., g: ~~ 1 ~ ~ . [ill ~ s ::; 1 ~ l j~Dm!i.~ !!' ~ ;;; ~ LOG OF BORING NO. B-1 Proposed Hangar Develop-ment Key West International Airport Key West. Florida Client: URS Corvoration Type; 2" Split-Barrel Project Number: 397-35102 location; See Attached Borin!: location Plan to- ... x' ~ w o .... tn o w .., it ::i ~ ~ ;::; 10 15 20 25 30 lS DESCRIPTION OF MATERIAL Li ht Brown LIMEROCK with Fine Sand (Fill) Li ht Brown Fine SAND Light Brown LIMESTONE with Fine Sand End of Boring ~t: o a:: ....w ..,a.. STANDARD PENETRATION TEST . N.vALUE (ASTM D.15861 10 20 30 40 60 40 29 77 46 50 12 15 COMPLETION DEPTH: 20 feet DEPTH TO WATER ELEVATION: DATE: 6/03/03 IN BORING; 2.1' lOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. I . ~. . * LOG OF BORING NO. B-2 Proposed Hangar Development Key West International Airport Key West, Florida Client: URS Corporation Type: 2. Split-Barrel Project Number: 397-35102 Location: See Attached Borin.ll. Location Plan Ii: :1:- ~ C 25 30 35 ..J l!l g ~ 2 ::! ~ ~ DESCRIPTION OF MATERIAL ~Ii: ca: -'w a:lo.. ST ANOARO PENETRATION TEST . N.VALUE CASTM 0-15861 10 20 30 40 60 Light Brown UMESTONE with Fine Sand End of Boring 37 24 69/ 10. 30 31 21 11 COMPLETION DEPTH: 20 feet DEPTH TO WATER ELEVATION: DATE: 6/03/03 IN BORING: 1.1' LOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES, INC. LOG OF BORING NO. B-3 Proposed Hangar Development Key West International Airport Key We5t, Florida Client: URS Corooration Type: 2" Split-Barrel Project Number: 397-35102 LoclItion: See Attached BorinR Location Plan Ii: :i Ii: w c .... '" o w III t ::E 2 ~ ~ 25 30 )S DESCRIPTION OF MATERIAL STANDARD "'.... PENETRATION ;: ... TEST Ocr: al~ . N.V,t.lUE (ASTM 0-1586) 10 20 30 40 60 Li ht Brown UMEROCK with Fine Sand Fill) Light Brown LIMESTONE with Fine Sand 45 COMPLETION DEPTH: 20 feel DEPTH TO WATER ELEVATION: DATE: 6/03/03 IN BORING: 2.3' lOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. 44 98/ 10. 37 33 22 12 End of Boring LOG OF BORING NO. 8-4 Proposed Hangllr Development Key West Internlltional Airport Key West, Florida Client: URS Corvoration Type: 2" Split-Barrel Project Number: 397-35102 location: See Attached Dorin~ Location Plan to: x Ii: W o o -l <Jl o W Ul ~ ::E ::l! >- <( II) <Jl DESCRIPTION OF MATERIAL Dark Brown Very Silty Fine SAND 10 Light Brown UMESTONE with Fine to Silty Fine Sand End of Boring 35 <Jll- ;:11.. 00: -lW mOo STANDARD PENETRATION TEST WOH WOH WOH WOH 3 14 4 3 6 COMPLETION DEPTH: 30 feel DEPTH TO WATER ELEVATION: DATE: 6/03/03 IN BORING: 1.6' LOGGED BY: DC. PROFESSIONAL SERVICE INDUSTRIES, INC. 60 LOG OF BORING NO. B-5 Proposed Hangar Development Key West International Airport Key West, Florida Project Number: 397-35102 Location: See Attached Borinl!: Location Plan Client: URS Corporation Type: 2" Split-Barrel t;: r. Ii: Ul Q -l I/l o w m ...J :E Q. > ::E UI ~ 15 ~o 25 )0 )5 DESCRIPTION OF MATERIAL STANDARD ~t;: PENETAA TION TEST oa: iilt . N-VALUE (ASTM 0-1586) 10 20 30 40 60 26 61 79 7f 60/2" 9 35 Light Brown LIMEROCK with Fine Sand (Fill) Light Brown LIMESTONE with Fine Sand End of Boring COMPLETION DEPTH: 10 feet DEPTH TO WATER ELEVATION: DATE: 7/03/03 IN BORING: 2.4' LOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. Client: URS COl1lOralion Type: 2. Split-Barrel .... ... :i Ii: w o o ..J en o w co ~ ::I ::I >- 0< II) II) 10 15 20 25 30 35 Project Number: 397-35102 Location: See Anached 8orin~ Location Plan STANDARD en!- PENETRATION ~ ... TEST 00: ~~ . N~VALUE (ASTM 0.1585) 10 20 30 40 LOG OF BORING NO. B-6 Proposed Hangar Development Key West International Airport Key West, Florida DESCRIPTION OF MATERIAL Dark Brown Or anie Fine SAND with Roots (To so Light Brown LIMESTONE with Fine Sand Light Brown Fine SAND, Trace of Limestone Fragments End of Boring 17 74 51 29 37 COMPLETION DEPTH: 10 feel DEPTH TO WATER ELEVATION: DATE: 7/03/03 IN BORING: 3.1' LOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. LOG OF BORING NO. 6-7 Proposed Hangar !;>ovelopment Key West International Airport Key West. Florida Project Number: 397-35102 Location: See Attached BoriDi Location Plan STANDARD II) I- PENETRA nON ;::... TEST oa: iil~ . N.VALUE IASTM D-158G) 10 20 30 40 60 Client: URS Comoration Tvpe: 2" Split.Bam:l t: :i ti: w o ..J <II g ~ ,. :e > c( II) l/) lS 30 2S 30 JS DESCRIPTION OF MATERIAL Dark Brown Or anie Fine SAND with Roots Light Brown UMESTONE with Fine Sand 46 COMPLETION DEPTH: 10 feel DEPTH TO WATER ELEVATION: DATE: 7/03/03 IN BORING: 2.6' lOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. 31 66 60 50/2" End of Boring .... ... ;1;- t: w o ... III g ~ ::E ::E > <( III en LOG OF BORING NO. B-8 Proposed Hangor Qcvelop'mcnt Key West International Airport Key West, Florida Project Number: 397.35102 Location: See Attached Borin2 Locarion Plan STANDARD en ... PENETRATION ;:.... TEST 00:: c6~ . N.VALUE (ASTM 0-1586) 10 20 30 40 Client: URS COllloralion Type: 2" Splir-Barrel DESCRIPTION OF MATERIAL 50 71 48 82 Sf 9 50/3" 10 End of Boring 1S JO .S lO lS COMPLETION DEPTH: 10 feet DEPTH TO WATER ELEVATION: DATE: 7/02/03 IN BORING: 2.7' LOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. LOG OF BORING NO. B-9 Proposed Hongar l;)evelop.ment Key West Internotlonal Airport Key West. Florida Project Number: 397.35102 Location: See Allachcd Borinl Location Plan STANDARD en... PENETRATION := ... TEST ~~ . N-VAlUE (ASTM D-15811) 10 20 30 40 110 Client: URS COl"DOralion Type: 2. Split-Barrel Ii: :i ... IL w C ..J In o w CD It ~ 2 >- < In III DESCRIPTION OF MATERIAL J5 23 3 WOH 5 50/5" 9 61 47 14 50/3. COMPLETION DEPTH: 30 feet DEPTH TO WATER ELEVATION: DATE: 7/02103 IN BORING: 2.2' lOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES. INC. Client: URS Corooralion Type; 2" Split-Barrel LOG OF BORING NO. B-10 ProP9_~ed Hangar Dovelo.pmont Koy West Internationlll Airport Key West, Florida Project Number: 397.35102 Locetion: See Attached Borin~ Location Plan too Ul STANDARD ... .... w Ultoo PENETRATION 0 :i ell ~ DESCRIPTION OF MATERIAL ~... TEST too :E :E occ IL > <( iil~ . N-VALUE IASTM 0-15811) w Ul Ul C 10 20 30 40 80 0 halt Light Brown LIMEROCK with Fine Sand (Fill) 36 Gray Silty Fine SAND. Trace of Shell Fragments 12 Black Fibrous PEAT WOH Light Brown LIMESTONE with Fine SAND 10 60/2" 98/ 9 10" 15 20 2S )0 lS COMPLETION DEPTH: 12 fm DEPTH TO WATER ELEVATION: DATE: 7102/03 IN BORING: 2.4' LOGGED BY: D.C. PROFESSIONAL SERVICE INDUSTRIES, INC. LOG OF BORING NO. B-11 Proposed Hangar Development Key West International Airport Key West. Florida Project Number: 397-35102 Location: See Attached Boring Location Plan STANDARD PENETRATION TEST . N.VALUE (ASTM 0.15861 10 20 30 40 Client: URS Corporation Type: 2" SDlil-BamlI t ~ Ii: ... o .... en o ... ID ~ :Ii :Ii > < en I/) DESCRIPTION OF MATERIAL ~t OD: ....... IDA. 21 50/3" 47 68 95/S" 20 11 14 63/ 11" End of Boring n 9 COMPLETION DEPTH: 30 feel DEPTH TO WATER ELEVATION: DATE: 7/02/03 IN BORING: 1.4' LOGGED BY': D.C. PROFESSIONAL SERVICE INDUSTRIES, INC. CORRELATION OF PENETRATION RESISTANCE WITH RELATIVE DENSITY OF GRAl'''ULAR SOILS J!ftt''''~~'~''' - .' r"'" ~:"..f4~~3'~;{::'''f.~~.iil.titt.z-V~~''1;::'':';;~ ."" ", '..,.r .....;.j;:........ .'!""~.."". .,,:t~,_"" _ " )~, ._"l'hl~ , ,..,'r~':'....t,,>C""-;.!,#;:' .~PA~t)EN~11 >~~ARD~ENETRATlON'.ilip'WS/Ff;::< ~:<;ft~. '1ii'"W''t'.,:,-,l''t.{~ ~. " J,", <:i':...~_. " ", .,' .l" T ',. .f':t.. ~ ..f-'.,~~...-, " <'.... ..#~ :..... ~:;..'. '. t~~i:-1.'",-;~>.'~~,~':'" ..~,~~r<. -:~"' ;~....~.'t~~~~W(N:.:VALUE)~;. . ~.'~.:.,1.; ....~. Very Loose 0 - 4 Loose 4 - 10 Medium Dense 10 - 30 Dense 30 . 50 Very Dense Over 50 L"~;l I:f:.~. . DRILLING AJI,'D SAMPLING PROCEDURES The test borings were perfonned with a drill rig equipped with a rotary head. The drill boles were advanced by the use of a high speed rollercone bit, with bentonite drilling fluid being pumped through the drill rods to remove the cuttings and to stabilize the side walls and bottom of the hole. Representative samples were obtained by the use of split-barrel sampling procedures in general accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils" (ASTM D-1586). FIELD TESTS AND l\fEASUREMENTS Penetration Tests - During the sampling procedure, standard penetration tests (SPT) were performed at pre-determined intervals to obtain the standard penetration value (N) of the soil. The standard penetration value (N) is dermed as the number of blows of a 140 pound hammer. falling thirty (30) inches, required to advance the split-barrel sampler one (1) foot into the soil. The sampler is lowered to the bottom of the previously cleaned drill hole and advanced by blows from the hammer. The number of blows are recorded for each of three (3) successive increments of six (6) inches penetration. The "N" value is obtained by adding the second and third incremental numbers. Water Level Measurements - Water level depths were obtained during the boring operations. In relatively pervious soils, such as sandy soils, the indicated depths are usually reliable groundwater levels. Seasonal variations, tidal conditions, temperatu.re, land-use, aIX1 recent rainfall conditions may influeoce the depths to the groundwater. Ground Surface Elevations - Ground surface elevations at the test boring locations were not provided. Therefore, all references to depth of the various strata and materials encountered, are from existing grade at the time of drilling. l..C!>il I:!.~. . -' A~~7S,~~?,~: j~~~,>!~1;9 <:S,V'JE ?F~bOR'DA<'>. . ..>..:' ..>.:f~i!~.';>t;2~ ." ijti~?',:~i~'. i):.rf.~~ ,~J~iS~TM~~~~~~~gi6~E"i~~'~~R~i~~g~~~~~;'~f~gL~~~'?~ 's~~;:od~~;~~9~,i:1~i ,;;~~'J~~/S:"', ": ,-...l:l!'ii~'_'tl;,;;~r":'_ .,..~'..l ~~~~~~~';!'~~'.'r'-_~~' t; '~', '-Ccf.,o.' ; -'"<.-_.: "~:_.' .- '-,7~-' '_->t' ..-':>~-" .- --~~~.,i-.~"""-L 'J<~_;?f'::'~'- ';~};' . , . =-..f.... '. .>._n___.z" ;~ ~.~-". _r, :_;..:";~.,)." h_ ':~J ?i;.>;tg~~:}~u~'~ 2:j{:GOVERNOR .,Ys-.;:,'t. . f ~\,1;",",..l }'~,> .tf:~t; "jl'J:ie GENER:AL'(,boNTRACTOR"J"t;lf,~' '1{amed~;be1'6w";:l S"i~CERTI FlED: "';'11. III Under "'the provisions of'Chapt1f;s ~~ Expiration date: AUG 31, 2004~ ,rt' " "" .~{iS,\ y ~.\ , '- ~-F... ~-., , ,-.~ . ~ ~r:; . j;~ j~~' " ,::,;", '~\~ "'~i:' '.::"~, ",c:.~ ,: " \ "'~LOER i',:.GARYALAN'.?' i D',':-L PORTER CONSTRUCTORS 6574 PALMER PARK CIRCLE SARASOTA. ~f~~~'~~ II -.:. ~'" ~""..~;" "-'j,Ji ,'f :~~J~\, c " '::;::'~j;~:~; "l::i:'" i~~ _"".1"'" ,..,:.M,",", "I' "t'..... k~~~:!- ~~ ~.::r~ ~'t..I.. :,~.~.~'J , t' ."'J'~ . >~J ...; . ,1 I:, ..;:;.\' ,,',~j; , '1.,1 'r-" 0\11." ".C.>:" ":~':: ,. 'n\~>, "'....11.,"' '~" "~':i.! "';"" d' .' : .:. ''-1:\0 .',?, P~\I"""1. ~:;. - ~; _ '~~~.:,~ ,1 ~,.i'/ i'~I:"" '~-~ \;:. ~~1: ,,:;, ","J' t-\\:~"h~ . ~' 'KIlti\~BINK~::e;;Y - s~~ ,~~..~, SECRETARY... ,:;... "("~'i ....'."'.1:.. . ",liI"- ,~I;," ,)1" '"'' "D,"L. P,ORTER- CO LOER' GARY A U .'6574 PALME R ~ARASOTA FL 50.00 HI(.~ECOMESATAX DANISE D. HENRIQUEZ TAX ECEIPTWHENVALlDATED PO BOX 1129, KEY WEST F L 0000000000 0000005000 0000301400060602 1001 7 THIS IS.ONLVA TAX. YOU MUST MEET ALL CQUNTYPLANNING ,AND ZONING REQUIBEMENTS. Division of Corporations Page 1 of2 Florida Profit D. L. PORTER CONSTRUCTORS, INC. r-------...-----.-------------..-.--.--.---.-----.----".-- PRINCIPAL ADDRESS 6574 PALMER PARK CIR SARASOTA FL 34238 MAILING ADDRESS 6574 PALMER PARK CIR SARASOTA FL 34238 Document Number P98000042047 FEI Number 650848440 Date Filed 05/07/1998 State FL Status ACTIVE Effective Date 05/05/1998 R . t dA t egis ere 1gen I Name & Address I WHITE, C M 6574 PALMER PARK CIRCLE SARASOTA FL 34238 I Name Changed: 04/13/1999 I I Address Changed: 04/13/1999 I I Name & Address II Title I WHITE, C. MARSHALL D 6574 PALMER PARK CIR SARASOTA FL 34238 LOER,GARY A D 6574 PALMER PARK CIR SARASOTA FL 34238 JEWELL, PAULETTE D 6574 PALMER PARK CIRCLE SARASOTA FL 34238 I II I OfficerlDirector Detail ttp://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =P9800004204 7 &n2=NAMFWD&n3=0000... 10/27/2003 Division of Corporations Page 2 of2 SARASOTA FL 34238 LJ RODRIGUEZ, HARRY J 6574 PALMER PARK CIRCLE A lR nnua eports I Report Year II Filed Date I I 2001 II 02/1312001 I I 2002 II 02/0712002 I I 2003 II 04/1412003 I [ .,pr~viou~ Filing ] [ RE:lturntoList .J No Events No Name History Information [ Next Filing] Document Images Listed below are the images available for this filing. 04/14/2003--=-ANN REPIUNIFORM BUS REP 02/07/2002 -- ANN REPLUNIFORM aus REI> 02/13/200l-=~~NN REPI1JNIFORMJH1S REP Q2/15/2000_=-ANN REPIUNIFORM BUS~P 04L11/1999 -- A1'lliJ..LA._L REPORT 05/07/1998 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT lttp://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =P9800004204 7 &n2=NAMFWD&n3=0000... 10/2712003 INVITATION FOR BIDS' . \ . . . .,'j o 'Porter Const.;'e~alitiedl tv,~.:. Subcontractors to bid t~e KWfA 'rnzKEEYGWESNT Hangar Development, Taxllanes & ; ,Anron. Bids will be accepted until I ( 16 2003. Inquires call Ed (941) "'_ape" Est. 1876 S-9400 or tax (941) 929-9500. Itions, LLC October 12, 2003 Aovertlslng Coordinator PO Box 1800 Key West FI 33041 Office... ,.. ....305-292-7777 Extension...... ...... .....x219 Fax............ .305-294-0768 mcanitano@keysnews.com INTERNET PUBLISHING keywest.com keysnews.com ftoridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean Reef Press Seaport Log MAGAZINE The Menu Home Guide C~izen Local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I MaIn Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen@keywest.com Internet Division 1201 White Slreet (Suite 103) Key West. FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@ftoridakeys.com Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81.5) 33036-0469 Tel 305-664-2266 Fax 305-664-8411 freepress@floridakeys.com Ocean Reef Office 3A Barracuda Lane Key Largo. FL 33037 Tel 305-367-4911 Fax 305-367-2191 RECElVED OCT 1 6 2003 STATE OF FLORIDA 01. Porter COII~truc\ors, \nc.. COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached co of advertise ent, bing a legal notice in the matter of In the issues of ~ N, C rt, was published in said newspaper in the (~h Jt~) la, dDD::=) Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. #l-i1!2 . Signature of Affiant Sworn and subscribed before me thisJ-3- day of (OntzrJ A Jt ) ,2003 Expires: January 15, 2007 "'"'''''''' MARY BETH CANITANO /"}[i':E"~.(':}\NotarY Public - State of Florida = '. 4, . . ~MyCOOlfnissi::x1ExpiesJan 15 2007 :.~ .. li~. ~... I -.-:;:,~~ f,j:.~",- Commission # 00178046 '",,,,,,., Bonded By National Notary Assn. Personally Known x Produced Identification Type of Identification Produced 00 U E-4 Z U loool a ~ ~ 0 f ~ E-4 = Z u> S ;= E-4 E-4: u ~oo f'-l p=z= ~ o~ E-4 u~ 00 ~.... z ~t 8 ~o ~ 0 o ~ .., . ~ ~ u ~ E-4 Z o u o o o~ tr) "<:t oo~ tr) EA ~ ~ ;>4 E-4 (Il ~ o .~ ;> o ~ ~ E-4 U ~ E-4 loool := u ~ ~ z ~ o (Il I-< Cl) ~ o 'Vi .~ 0 o"<:t U~ OM ~ 9~ -5fE"<:t uo~ 'ii ...... M V. Cl) ~ r--- t+-< Cl) ::r: ...... ...... 0 ~ t+-< O? ~ "'C;;... ~~~ g~ Cl) ~~ M c:o ..0 8 ...... ....J "'C 0 ~ i] ~~ g ~ Cl)...... Cl) U ~ Cl~i:5 "0 CdU Cd gu ]o~ 20 ON~ 00 G:~E-- ;:E;;:; E-4 U ~ ..., o c:r::: ~ ell....J .S ~ "'C ~ - .... ...... (Il ;:j Cl) c:o~ .B ;>-. 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October 17, 2003 Monroe County Purchasing Office 1100 Simonton Street, Room 2-213 Key West, FL 33040 RE: Hangar Development, Taxilanes and Apron Key West International Airport Monroe County, Florida Gentlemen: D.L. Porter Constructors, Inc. hereby states that all equipment intended for use to complete the project within the specified limits will be supplied. Sincerely submitted, D.L. PORTER CONSTRUCTORS, INC. ('~ C. 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OD .s .S .~ -g ODO s:: s:: ~~ .9 :s ..0 ~ ].~ a) rIl ;:;g"'d ......2 rIl cd g] o~.s ~ .~ .. rIl s:: .... o a) ',p ~ .g. :s o C'" rIl"g ~ a) ~..s:: r--- M oo~ lI) ..... 0"1 ~ rIl s:: o .~ ;> o s:: ~~ o M 00 ~ - ;:;g rIl~ - - ffi "'d - a) !.;:: e o o a5~ ~lI) Cl"? 0\0 -0"1 ~N "i) ~ G)' 'OMo "" :'M "'-:;"'d'-" ..s::~..s::: ~ a).~ a) ~ ~ CO....:lCQ - OD- ~ s:: 1a ~~~ .s~;Z: :s......~ ON...... CI'.l............ ..... s:: a) 0 -.- o 1a ;:;g ;> ..s:: 0 o s:: a3~ co .t:: ..s:: s:: 'Ej::J ON CI'.l ...... o ~ o M M ....:l ~ -~ rIl a) ~ >.N ~$ ...... n I 0"1\0 00"1 ~N rIl CQ !;) 2;:;g0 cd~M ..... '-" o cdn a) ON~ ~ ctt-1""4 ......-~ ......~.... _~ ~ a) "'QO- a) 0 a) ~O~ ~cd.. ....~;z: 20"1~ ~o;;< Q) - o e .~ N ...... ...... o s:: o .~ ;> o s:: a) .... a) - a) P.. e o U i:i .9 - 0.. 'C o rIl a) o D. L. Porter Constructors. Inc. Balance Sheets December 31 2002 2001 Assets Current Assets: Cash and cash equivalents (Notes B and G) $ 164,385 $ 357,954 Marketable securities (Notes B. C and I) 412.321 909,033 Accounts receivable (Notes B, D and G) 2,348,717 2,182,275 Advances to officers (Note J) 230,000 351,731 Excess of revenue recognized over amounts billed on contracts in process (Nates B and F) 143,755 145,681 Prepaid expenses and other current assets 10,159 13,191 Total Current Assets 3,309,337 3,959,865 Property, Equipment and Fixtures (Notes B and H)~ Building and improvements 48,205 5,539 Machinery and equipment 9,112 9,112 Transportation equipment 88,353 54.790 Furniture and fixtures 113,868 49.457 259,538 118.898 Less accumulated depreciation 66.593 38,135 192,945 80,763 Certificate of Deposit (Note J) 229,146 $ 3,502,282 $ 4,269,774 See Notes to Financial Statements. Page 2 LIabilities and Stocl(holders' Equity Current Liabilities: Note payable (Notes B and I) Accounts payable and accrued expenses (Note E) Accrued payroll and amounts withheld Excess of amounts billed over revenue recognized on contracts in process (Notes B and F) Due to related entity (Note J) Current portion of long-term debt (Notes B and H) Total Current Liabilities Long-Term Debt (less current portion) (Notes B and H) Stockholders' Equity: Common stock, $1 par value per share; 1,000 shares authorized, issued and outstanding Retained earnings Accumulated other comprehensive income: Unrealized loss on investments (Notes B and C) December 31 2002 2001 $ $ 200,656 1,814,838 1,905,262 44,502 25,111 639,239 431,067 373,783 30,601 11,236 2,529,180 2,947,115 94,701 15,668 1,000 1,031,203 1,000 1,362,704 (153,802) 878,401 (56,713) 1,306,991 $ 3,502,282 $ 4,269,774 0, L. Porter Constructors) Inc, Statements of Operations and Retained Earnings Year Ended December 31 2002 2001 Percent of Percent of Amount Revenues Amount Revenues Contract Revenues $ 15,249,654 100.0 % $ 17,083,545 100.0 % Contract Costs 13,918,741 91.3 15,286,896 89.5 Gross Profit 1,330,913 8.7 1,796,649 10.5 Operating Expenses: General and administrative 1,480,806 9.7 1,226,690 7.2 Depreciation 32,670 .2 19,971 .1 Interest expense 5.407 3,130 1,518,883 9.9 1,249,791 7.3 Operating (Loss) Income (187,970) (1.2) 546,858 3.2 Other Items: Interest income 12,027 .1 33,555 .2 Dividend income 8,311 20,720 .1 Loss on sale of fixed assets (2,354) (745) Loss on sale of marketable securities (17,454) (.1 ) Other income 39,587 .3 19,234 .1 57,571 .4 55,310 .3 Net (Loss) Earnings (130,399) (.8) % 602,168 3.5 % Distributions to Sh(;lreholders (201,102) (226,846) Retained Earnings, beginning of period 1,362,704 987,382 Retained Earnings, end of period $ 1,031,203 $ 1,362,704 See Notes to Financial Statements. Page 3 jJCORDm CERTIFICATE OF LIABILITY INSURANCE OP 10 L9 DATE (MM/DDIYYYY) DLPOR-1 03/09/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Atlas Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7120 Beneva Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sarasota FL 34238-2850 Phone: 941-366-8424 Fax:941-951-7557 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance Company INSURER B: DL Porter Constructors Inc. INSURER C: DL Porter Construction Inc 6574 Palmer Park Circle INSURER D: Sarasota FL 34238-2777 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR[ POLICY NUMBER PDI}.,;!~1!!:.~FE_CJI~E P~kfEY(~~b'1f,.}!..~N LI MITS LTR TYPE OF INSURANCE DATE MM/DDIYY GENERAL LIABILITY EACH OCCURRENCE $ 500000 - ~~~~1S'Es (E~~~~~r~nce) A X X COMMERCIAL GENERAL LIABILITY CPP0730645 01/09/04 01/09/05 $ 500000 -I CLAIMS MADE ~ OCCUR MEO EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 500000 - GENERAL AGGREGATE $ 1000000 ----.-J ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP~PAGG $ 1000000 n PRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 ~ A ~ ANY AUTO CPP0730645 01/09/04 01/09/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY ---" $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS --S3A V jl\lVM BODILY INJURY (Per accident) $ NON-OWNED AUTOS - - - 31VO PROPERTY DAMAGE (Per accident) $ ,,....... .. .._--. ~ GARAGE LIABILITY EWI/38V~ \ "'.. AUTO ONLY - EA ACCIDENT $ rl ANY AUTO 1.' ;'i\o:ddV OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A X ~ OCCUR D CLAIMS MADE CCC4485524 01/09/04 01/09/05 AGGREGATE $ $ rl DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND APP'fYl 1) ,,,..(ZMENT I TORY LIMITS I IUJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE /J , I , ) E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? BY -~. . ~~, [/ ~.o l) E.L. DISEASE - EA EMPLOYEE $ ~~~MtS~~~v~s?6~s below n....Tr.~.J.c; EL. DISEASE - POLICY LIMIT $ OTHER 't.. WA" YES DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured &: Loss Payee: Monroe County Board of County Commisioners, its employees &: officials for the project at: Hangar Development, Taxilanes &: Apron, Key West International Airport, Key West, FL 33040. 30 days cancellation notice except 10 days for non pay CERTIFICATE HOLDER CANCELLATION COVERAGES Monroe County Board of County Commissioners 1100 Simonton St Key West FL 33040 MONRBOC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTnED REPRESENTATI E @ACORDCORPORATION 1988 ACORD 25 (2001/08) --- ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 DI\ DATE (MMlDDIYYYY) DLPOR-1 03/l0/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlc5~ Bouchard-Starcrest ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 Starcrest Drive HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Clearwater PL 33758-6090 Phone: 727-447-6481 Pax:727-449-l267 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: PCCI INSURANCE CO lO178 INSURER B: DL Porter Construction Inc INSURER c: DL Porter Constructors Inc. 6574 Palmer Park Circle INSURER D: Sarasota PL 34237 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREtvENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUfvENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRI lYPE OF INSURANCE POLICY NUMBER 'D~1MMlDDN:.;t DATE rMMI~II)iYYf LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - ~~~~:S'Es (Ea occurence) COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ f-- .~ PERSONAL & ADV INJURY $ - ~p'rf-( ~~~~~l;i~ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ n n PRO- nLOC ~~~q POLICY JECT BY- ' 'I .1 ~OMOBIUE LIABILITY " \. ../ -----." - NIA~ COMBINED SINGLE LIMIT $ ANY AUTO YES -- (Ea accident) f-- . <IF:.! ALL OWNED AUTOS ;;-;J!-'., \ "-" f-- BODILY INJURY $ SCHEDULED AUTOS (Per person) f-- HIRED AUTOS BODILY INJURY - $ NON-0WNED AUTOS (Per accident) - -~-- - PROPERTY DAMAGE 1$ (Per accident) GARAGE LlABlLllY AUTO ONLY. EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X ITg~~T~~s I IOJ~- EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE 40266 01/0l/04 Ol/01/05 E.L. EACH ACCIDENT $ 500000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000 ~~E"cI~LP~~v1~~ONS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER dd/asst DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICUES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: HANGAR DEVELOPMENT, TAXI LANES AND APRON, KEY WEST INTERNATIONAL AIRPORT, KEY WEST, PL 33040 CERTIFICATE HOLDER CANCELLATION COVERAGES KEY WEST INTERNATIONAL AIRPORT ATTN BEVETTE 349l S ROOSEVELT BLVD KEY WEST PL 33040 KEYWAIR SHOULD AHV OF THE ABOVE DESCRIBED POLICIES BE CANCELUED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABlLllY OF AHV KIND UPON THE INSURER, ITS AGENTS OR REPRESEN ATNES. AUTH P SENTA @ ACORD CORPORATION ACORD 25 (2001/08)