The URL can be used to link to this page

01/19/2005 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 17, 2005 TO: Peter Horton, Manager Monroe County Airports ATTN: Bevette Moore Airport Business Administrator Pamela G. Han~ Deputy Clerk lY FROM: At the January 19, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract for Terminal Rehabilitation of the Customs Building between Monroe County and Comfort Tech Air Conditioning, Inc. to replace NC and handrails at the Key West International Airport. Enclosed are three duplicate originals of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File I " . CONTRACT DOCUMENTS .... TERMINAL REHABILITATION (CUSTOM BUILDING - REPLACE AlC AND HANDRAILS) KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA .... .... PFL 0003231 A.I.P. No. 3-12-0037-2404 PFC Application Nos. 8 URS Corporation Contract No.: 12638099.00000 Prepared for: .... ,.... THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS .... MR. MURRAY E. NELSON, DISTRICT 5 DR. DAVID P. RICE, DISTRICT 4 MS. DIXIE M. SPEHAR, DISTRICT 1 MR. GEORGE NEUGENT, DISTRICT 2 MR. CHARLES "SONNY" McCOY, DISTRICT 3 MAYOR MAYOR PRO TEM COMMISSIONER COMMISSIONER COMMISSIONER .... Prepared by: URS CORPORATION JULY 2004 12110/04 13: 10 FAX 305261401i rRS CORPORATIO"\ -> 'fo. Co. B. 'Ioore ~002 (~E~~t~:!~ ~", State Certified Contracto... CAC 057324 DI~cember 9,2004 Momoe County 1100 Simonton Street K'ey West, FL 33040 At1n: Ms. Babette Moore Rl~: Terminal Re,~abilitation (Custom Building-Replace AlC and Handrails) Key W e~;t International Airport Dear Ms. Moore: Ll~t this lettOlr serve as an authorization for Monroe County to date the Public Construction Bond submitted by our compamy for the above referenced project. If you have any questions or need additional information please feel free to COIlitact our office at (305) 969-1203. Sincerely, ,/'.....---~Z=~ /~=~ ---- Maykel Hernandez President MH/2jq ;:,:, Cc: A. Gutierrez~ PE, URS 1215 West 70lhStreet. Hialeah, Florida 3:i014. Phone: (305) 231-9832. Fax: (305) 82E)-9656 ~ ADDENDUM No.1 September 9, 2004 to Specifications and Other Contract Documents for Terminal Rehabilitation (Custom Building- Replace AlC and Handrails) Key West International Airport Monroe County, Florida A.I.P, No, 3-12-0037-2404 PFC NO.8 TO ALL CONCERNED: The following items are modifications and interpretations to the original contract documents. The following items as provided hereinafter are now in effect and have the same force as if included in the original documents, Bidder shall acknowledge receipt of this addendum on the proposal form (Section C, page 1-16 and Section H, page 1-27), Also, please sign this page of the addendum and return by fax (305) 261-4017 tci confirm your receipt. ~ This Addendum No. 1 consists of.JL total pages. , Comfort Tech Air Conditioning, Inc. Company Name ~~ Signature Ana Julia Quesada ~ Name Office Manager Title Addendum No.1 Page 1 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM I Addendum I Signature I Date I No. 1 ~ ~ :> -.. 9/9/2004 ,/ 1-27 TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.1t 09/09/2004 10:27 COMFORT TECH AIC 305826%56 305%91203 BROM3J982723 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/09 10:26 3052614017 00:00:19 01 OK STANDARD ECM . , " ADDENDUM No.1 September 9, 2004 to Specifications and Other Contract Documents for Terminal Rehabilitation (Custom Building- Replace A1C and Handrails) Key West International Airport Monroe County, Florida A.I.P. No. 3-12-0037-2404 PFC NO.8 TO ALL CONCERNED: The following items are modifications and interpretations to the original contract documents. The following items as provided hereinafter are now in effect and have the same force as if included in the original documents. Bidder shall acknowledge receipt of this addendum on the proposal form (Section C, page 1-16 and Section H, page 1-27). Also, please sign this page of the addendum and return by fax (305) 261-4017 to confirm your receipt. This Addendum No. 1 consists of -1L total pages. Company Name Signature Name Title Addendum No.1 Page 1 ADDENDUM No.1 September 9,2004 to Specifications and Other Contract Documents for Terminal Rehabilitation (Custom Building - Replace A1C and Handrails) Key West International Airport Monroe County, Florida A.I.P. No. 3-12-0037-2404 PFC No. 8 This addendum to the Contract Documents includes modifications to the following: Modification to the Contract Documents A. Bid Opening - Due to Hurricane Ivan, Monroe County will re-schedule the bid opening from September 16, 2004 at 11 :00 a.m. to Wednesday. September 22.2004 at 11 :00 a.m. B. Technical Specifications 1. Replace details A, B, C, D, E, and F with the new revised details A, B, C, D, E, and F (see attachments). 2. Cost for 1 ~" diameter aluminum handrail at all ramps and stairs shall be incidental to the Item No.5, Specification 05720. 3. Add new detail G "Handrail section (typ.)", which show handrails installed on the walls. All items and conditions of the original contract documents shall remain unchanged. Department Director or Designee Date Division Director of Designee Date Purchasing Supervisor (Designee) Date BY Addendum No.1 Page 2 DATE r ., '"""'" I I I I I I I I I 1 I 1 I J .1 I I l N ,""C') . Q) o C) Z III E a. :l '1:1 c: Q) '1:1 ~ ..-- ..-- ~ w CL o --' (Il CL 2 <{ 0:::: ~ ..-- I lL:gh) C SSO<JO II Z'f O~ - I-~ u:::- Ww v)--' <{ u ~(f) :( l- V) J: I- ::> o V) <( t --' <{-' O::::<{ 00:::: 0::::0 <{z ::J<{ 0:1: ~~ ::J::J --' -' <{<{ ~ ..-- ~ ..-- ~ ..-- ..-- ~ --' <{ 3: u z o u ,-( ~ I I I I I I I I I I I J I I I I I l .- I .....J(f) -.....J <(- 0::<( 00:: II 0::0 <(z =><( ~I .- ~ (f) a <( w 0:: l- f") ", .6-.L~..9/g 9~ 1'1 SCl3SICl 17 l "Ol-,Z .' ':... .:,' . ~'. .... II I I I I I I L-1 ZO O~ - II ....: U-Z W V)w .....J ~(3 (J) :( l- V) :c .... :) o V) co T'" '''It . Gl o C) Z III E c. ::J "C C Gl "C ~ ..r I I z o ~ a.. <( o Z I- (f) X W l I I I I I I I I I I I I I I l ~ "l r ---l <( ---l ~ <( '0 ~ 0:::: 0 <( z ~ ::) <( II 0 :r: : Zo <~ -J II c..~ """ ~..- -w <---l 1-(5 V)(f) :c I- ~ o z U ( z~:g/~ 3dOlS S~ N a.. ~ <( 0:::: w a.. o ---l (f) '"""" T- It) . CD o C) Z ell E 0. :J "0 c CD "0 ~ .' . .~. .... :. .,,;~..', :~.:,.: ..,.. . Zo o~ - II 1-: uZ LU"- V)~ <{ ~~ =< l- V) :c I- ~ o z o 'I I I I I I I L ---1 "O~-,Z I- ) I 9~ ,,6-,8 = "L ~ '" IV S~3SI~ g ~ .....(Q . G) o tn Z cu E ll. :;, "C I: G) "C ~ ( . '"" I 't'" to- o Gl Z Cl " ' CIl . q... ,'e Q. . , ::s .'. " . 0 .' . ,"C or:; ;'.. .... 'q'." ,,g , "C ct . .; . " L"~J . SiN ..O~-.Z Z <..? 0 i= -l - w l- I W 0::: I- U I- 0 Vl 3: <..? Vl W 0 ~ Vl en w w -l -l -l <..? Z ...J 0 G: z ~ - N Vl <: w => Vl I -l ~ 0 ~ 0:: W I W 0 Cl .-l I- <( 0 Vl ~ U w >- => ~ Z (f) -l Vl Z -l <: 0 0:: <..? ~ 0 Z => ~ :J -l - :< <( lJ I I- w 0:: W <: 0 CO u.. <( ~ > 0:: => <..? Z W CL ..J ~ <( ~<( I ...J u ..J =>=> => CL za -l W 0 W <( I- Z ~w W Z :Jo 0 u ...J -l <( -lw W I - ~ W I <(> 0 0 <: CO u -l I 0 :J W 00 W U I- wO::: 3: X ~ ro U') oCL Vl 0::: <( N => N :JCL -lVl W 2 0 '-.. N I- r- 0::<( -lW ~ I <D 1-0::: <(u 0 ~ 0 U') x C;S0 ..0 l- N zO:: Vl U <: X X r- o;t ..w 00.. :J '-.. -l-l ~<..? U 0 ::) a x I") :::!;CO co !fl 0::::) u~ I lJ '-.. -0 :: ':.t 0 x w_ O::-l (J) 0 U') fl ~~ COw z '-.. I u.J (f) N I") N N ~<( L::3: G: - w I LO t- o 8 e @ e @ @ @ (g) z I I leG Lug-.I: l . r1 . I I I I I I I I I I I I I I I I I I l"Ol-'Z -l <{ 0::: o Z <{ :r: :::2: ::> -l <{ J . ,,0 l-,Z L ~ ~~ II I I I I I I L-1 0...0 >- .1 .....11 ~: -.;t Z~ O~ - <{ .....0 U(f) LU V) ....J :;: ~ o z <( :c LJ ~ 't'" CIO . Q) o 0) Z III E n. ::J 'tl t:: Q) 'tl ~ ~ 2 :J o Z W o o <{ "'" o I CONTRACT DOCUMENTS TERMINAL REHABILITATION (CUSTOM BUILDING - REPLACE AlC AND HANDRAILS) KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA PFL 0003231 A.LP. No. 3-12-0037-2404 PFC Application Nos. 8 URS Corporation Contract No.: 12638099.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MR. MURRAY E. NELSON, DISTRICT 5 DR. DAVID P. RICE, DISTRICT 4 MS. DIXIE M. SPEHAR, DISTRICT 1 MR. GEORGE NEUGENT, DISTRICT 2 MR. CHARLES "SONNY" McCOY, DISTRICT 3 MAYOR MAYOR PRO TEM COMMISSIONER COMMISSIONER COMMISSIONER Prepared by: URS CORPORATION JULY 2004 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR TERMINAL REHABILITATION (CUSTOM BUILDING - REPLACE AlC AND HANDRAILS) PFL 0003231 A.I.P. No. 3-12-0037-2404 PFC Application Nos. 8 URS Corporation Contract No.: 12638099.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORATION JULY 2004 TABLE OF CONTENTS DIVISION I........................................................................... 81 D DOCUMENTS DIVIS I ON II.. ..... ....... .... .... ............ ..-.... .......... .................................. CO NTRACT DIVISION III ............................................................... GENERAL PROVISIONS DIVIS ION IV ... .... ....... .... ............ ......... ........ ........ ..... .... S P ECtAL P ROVISI 0 NS DIVISION V...................................................... TECHN ICAL SPECI FI CA TI ONS 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 ..............................................................................................1-21 SECTION E - DRUG-FREE WORK PLACE ........;........................................................1-23 SECTION F - PRIME BIDDER'S QUALIFICATIONS ...................................................1-24 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES................................................. 1-26 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM ..........................1-27 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM...................1-28 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT .........................................................1-29 SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRI M ES ................ ......................... ........... .......... ............ ......... .1-31 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990..................1-34 SECTION M - CERTIFICATION OF NONSEGREGATED FACILlTIES.........................1-35 SECTION N - FEDERAL WAGES DECISION ..............................................................1-36 SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29............................................................1-40 1-1 SECTION A NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on September 16. 2004 at 11 :00 AM, the Monroe County Purchasing Office will open sealed bids for the following: Furnishing of all labor and materials and performing all work for constructing the following contract: Terminal Rehabilitation (Custom Buildino - Replace AlC and Handrails) Key West International Airport Monroe County, Florida The major items of work for the contract will be as follows: The contractor shall provide all labor, engineering, materials and equipment to replace AlC units and handrails in the Annex Custom Building at Key West International Airport. Also the project will include selective demolition of existing AlC units and handrails. Finally contractor shall provide possible alternate to apply concrete texture to the existing ramps and develop exterior mansory painting. Specifications and Bid Documents may be requested from DemandStar by Onvia 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 Terminal Rehabilitation (Custom Buildino - Replace AlC and Handrails", 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, September 16. 2004, 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 ninety (90) 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 ,2004. Monroe County Purchasing 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 ir.l.Florida. General Contractor or Electrical 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 Wednesday. AUQust 18. 2004 at 3:00 p.m. 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 ninety (90) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to the successful bidder at the address stated in his proposal. 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 ninety (90) days without the bidder's written consent. 12. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within fifteen (15) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within fifteen (15) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14. CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within sixty (60) calendar days. If the Contractor does not comply with the contract time, 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. 1-7 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 (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.1 0-1990, 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 (Division I, Section A) 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: 1-8 Purchasing Office 1100 Simonton Street Room 2-213 Key West, Florida 33040 Terminal Rehabilitation (Custom Buildinq - Reolace A/C and Handrails) 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 own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23. COLLUSION: If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, 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. Depending on the bids received, certain quantities may be increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 30. PROJECT FUNDING: Work included in this project is beinq funded in part by the use of Passenqer Facility Charqes collected by Monroe County, in part from Federal funds under the FAA Airport Improvement Proqram (AlP), and funds from the Work Project Improvement CWPI) Proqram administered by the Florida Department of Transportation (FDOT). 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are 0% DBE subcontractor goals for the FAA funding projects on this contract. Should any DBE subcontractors be used on this contract, the subcontractor's name, address, type of work performed and subcontract amount shall be reported as part of the project close-out documentation submitted with the information requested in Special Provision No.1, Section 25, "Project Documentation". 32. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 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: Comfort Tech Air Conditioning, Inc. 1215 West 76th Street Hiealeh, FL 33014 Submitted (Date): September 20, 2004 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: Terminal Rehabilitation (Custom Buildinq - Replace NC and Handrails) Key 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 total base bid amount will be: $Forty Seven Thousand Nine Hundred Ninty (total base bid - words) Dollars 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 am obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the See Attached Bid Bond Bank of the sum of dollars ($ made payable to the Monroe County Board of Commissioners. or a bid bond for ) Checkmarks x X 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. 1-15 x Prime Bidder's Qualifications: x List of major contracts in past 1 0 ~ars 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 "Attachmert 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. 10-1990 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.) Comfort Tech Air Conditioning, Inc. Mailing Address: 1215 West 76th Street Hialeah, FL 33014 Phone Number: 1 (305) 969-1203 Da~:September 20, 2004 Signed: ~~- ~~ ~ Maykel Hernandez (Name) Witness: President , (Tit~ (]~;~c;:?~ (Seal) 1-16 ATTACHMENT "A" SCHEDULE OF BID ITEMS - I HANDRAILS BIDDER NAME: N/A AIRPORT NAME: ,KEY WEST INTERNATIONAL AIRPORT PFC APP No: 8 AlP NO.: 3-12-0037.2404 PFL No: 0003231 PROJECT DESCRIPTION: TERMINAL REHABILITATION (CUSTOM BUILDING - REPLACE HANDRAILS) SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION UNIT QUANTITY IN TOTAL NUMBERS Mobilization AT N/A 1 P-101-3.1 Dollars LS 1 AND Cents Removal of existing handrails (one pipe in walls) N/A . 2 05720- AT LF 160 5.1.1 Dollars AND Cents Removal of existing handrails (in floor) AT N/A 3 05720- Dollars LF 680 5.1.2 AND Cents Furnish and install aluminum handrail (one pipe in walls) complete in place 05720- AT N/A 4 5.1.3 Dollars LF 160 AND Cents Furnish and install aluminum handrail (in floor) complete in place 05720- AT N/A 5 5.1.4 Dollars LF 680 AND Cents TOTAL BID ITEMS 1 THROUGH 5 . 1-17 SCHEDULE OF BID ITEMS -II- AlC UNITS BIDDER NAME: Comfort Tech Air Conditioninq, Inc. , AIRPORT NAME: KEY WEST INTERNATIONAl AIRPORT PFC APP No: '8 AlP NO.: 3-12-0037-2404 PFL No: 0003231 . PROJECT DESCRIPTION: TERMINAL REHABILITATION (CUSTOM BUILDING - REPLACE AlC) SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION UNIT QUANTITY IN TOTAL NUMBERS Mobilization AT $ 1,650.00 1,650. 1 ,650. 1 P-101-3.1 Dollars LS 1 AND 00 Cents Removal of existing AlC units, complete in place AT $ 2,840.00 2 S-001-8.1 Dollars EA 12 236. 62,840. I AND 00 Cents Replace existing AlC unit for a new AlC units (3Ton) AT $ 2,310.00 2,310. 2,310. 3 S-001-8.2 Dollars EA 1 AND 00 Cents Replace existing AlC unit for a new AlC units ( 4 Ton) AT $ 5,850.00 4 S-001-8.3 Dollars EA 2 2,925. 5,850. 00 AND Cents Replace existing AlC unit for a new AlC units ( 5 Ton) AT $21,350.00 3,558. j3 21,3~ 5 S-001-8.4 Dollars EA 6 AND 00 Cents Replace existing AlC unit for a new AlC units ( 6 Ton) $ 8,490 - AT 6 S-001-8.5 00 Dollars EA 2 4,245, 8,490. AND Cents o. 1-18 BIDDER NAME: Comfort Tecn Al.r Condl.tl.onl.ng, .lnc. AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP No: 8 AlP NO.: 3-12-0037-2404 PFL No: 0003231 PROJECT DESCRIPTION: TERMINAL REHABIUTATlON (CUSTOM BUILDING - REPLACE AlC) SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION UNIT QUANTITY IN TOTAL NUMBERS Replace existing AlC unit for a new AlC units ( 7.5 Ton) AT $ 5,500.00 5,500. 5,500. 7 S-001-8.6 Dollars EA 1 AND 00 Cents TOTAL BID ITEMS 1 THROUGH 7 t47,990. Note: Removal of existing A/C units shall include disposal and all incidentals to complete this work. Possible Alternate Items 1. Provide alternate unit price for 4,360.00 square feet of decorative pedestrian traffic- bearing waterproofing material (topping waterproof, sliding resistant) to be used on ramp, walkway or stair area. Finish, style, pattern, and color must be approved by the Owner. Contractor may use Neogard@ products or approved equal (refer to technical specifications, Section S-002.) $ N/A / SF x 4,360.00 SF = $ N/A 2. Provide alternate unit price per square foot for exterior masonry painting to be performed on Customs Building. Finish, style, pattern, and color must be approved by the Owner. (Refer to technical specifications Section 09900). $ N/A / SF x 15, 500.00 SF = $ N/A Summary Total Schedule of Bid Items - I: Handrails Total Schedule of Bid Items - II: A/C Units Total possible Alternate Item NO.1: Total possible Alternate Item NO.2 Grand Total Attachment "A": ' $ $ $ $ $ N/A 47.990.00 N/A N/A 47,990.00 1-19 Note: 1) In the event that the Owner decides to refurbish any ramp, stair, walkway area, or paint the exterior wall of the Annex 9uilding, the above unit prices may be used. 2) In this project the prospective bidders are allowed to select any or all activities described in Attachment "A"; for example, the prospective bidders may select only: 'Total Schedule of Bid Items I: Handrails", or "Total Schedule of Bid Items II: A1C Units", or "Total Possible Alternate Item No.1", or the "Total Possible Altemate Item No.2", or the prospective bidders may select any combination of activities described in Attachment "A". 3) More than one (1) contractor may be selected to perform a portion of this work at the Monroe County discretion. 1-20 09/14/2004 88:83 3058269656 COMFORT TECH AIC PAGE 03 SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS. that we: COMFORT TECH AIR CONDITIONING, INC. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of Ameai<cbrporation 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 Amount Bid---- dollars ($ 5% ), 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: Terminal Rehabilitation (Custom BuildinQ - Reolace AlC and Handrails) Kev West International Airport Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished hi 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 OBE 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 suc h 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 i::lrth in the immediately preceding paragraph. 1-21 89/14/2884 88:83 3858269656 :;cm'lFORT TECH Ale PAGE 84 Signed and sealed this 22nd day of September ,20 04. (]&~~h~o{~~.. I (itness) . Comfort Teeh Air Conditioning, Inc. (Principal) (Seal) President Travelers Casualty and Surety Company of America (Surety) (Seal) Co~rsigned by: /J, , ~ .-/) . ,f _ ~iJ~ By: ~P,-/~ Charles D. Nielson, Florida Resident Agent (Title) 5979 Northwest 151st Street, #105 Charles D. Nielson, Attorney-in-Fact Miami Lakes, Florida 33014 Arr'b5JnJs2FnJ~pge signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. 1-22 '~ Travelers .. ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Actlt). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,00Q,QOO.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUmORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartfor~ County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, David R. Hoover, of Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said .,'\ttomey(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: V01ED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or cop.ditional undertaking, and any of said officers or the Board of Directors ~t any time may remove any such appointee and revoke the power given him or her. V01ED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President,'any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary. V01ED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: V01ED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. SECTION E DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287..087, hereby certifies that: Comfort Tech Air Conditioning, 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 that this firm complies fully with the above requirements. .~~-: -. Bidder's Signature September 20, 2004 Date: 1-23 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. Comfort Tech Air Conditioning, Inc. 1. Name of Bidder: 2. Business Address: 1215 West 76th Street, Hialeah, FL 33014 3. Telephone Number: (305) 969-1203 4. When Organized: June 18, 1996 5. Where Incorporated: Florida 6. How many years have you been engaged in the contracting business under the present firm name? 8 years 7. What is the type of construction work in which you are principally engaged? HVAC Mechanlcal 8. On separate sheet list major contracts in past 10 years. P lease see attached 9. On separate sheet list equipment and plant available for this project. Please see attached 10. Enclose a copy of latest Financial Statement. 11. Credit Available for this Contract: $ 1 00, 000.00 12. Contracts now in hand, Gross Amount: $ 3,590,000.00 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. Please see attached None 16. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) 1-24 Date: September 20, 2004 Firm Name: Comfort Tech AIr Conditioning, Inc. . ,. -- --:::::=.- ~ ' -~ ~ President By: Title: Notary Public: 1-25 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: .,..--- ~ -------' ("" Contractor's Authorized Representative Dated: September 20, 2004 1-26 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum Signature Date No. 1 ~- 9/9/2004 ./ , - 1-27 SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Contract (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Names/ Addresses/ldentity* None Dollar Value of Subcontract Work Subcontract Work Item Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) $ $ *(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". ; 1-28 SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) MIAMI-DADB 55 COUNTY OF ~ ) BEFORE ME, the undersigned authority, personally appeared Maykel Hernandez who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of Comfort Tech Air Condi tioning, Inc. Comfort Tech Air Conditioning, Inc. (Name of Bidder) being its 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: Comfort Tech Air Conditioning,Inc. 1215 West 76th Street Hialeah, FL 33014 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 1-29 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 N/A N/A N/A N/A N/A B C 0 TOTAL: $ Signature of Authorized Representative: ~ " ,~ - President Title September 20, 2004 Date STATE OF FLORIDA COUNTY OF:MIAMI-DADE day of September -- ~~~ (Signature of Notary Public. State of Florida at Large) Ana Julia Quesada (Print name of Notary Public) My Com . 17, 2005 1-30 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 sworn statement is submitted with Bid, Proposal or Contract No. 0003231 fur Terminal Rehabilitation (Custom Building- Replace ~/C & Handrail Key West International Airport, Monroe County, Florida 2. This sworn statement is submitted by Comfort Tech Air Conditioning, Inc/. (name of entity submitting slNOrn statement) whose business address is 1215 West 76th Street Hialeah, FL 33014 and (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0674054 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn stateme nt: N / A .) 3. My name is Maykel Hernandez my (please print name of individual signing) and relationship to the entity named above is 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 defmed 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. .I 1-31 ~v 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 1-32 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: ~~~~ President September 20, 2004 Title Date STATE OF FLORIDA COUNTY OF: MIAMI-DADE The foregoing instrument was acknowledged before me this 20 th day of September 20~ by Maykel Hernandez __ (SoILCorpora~ or Partnership) <:Who is oersonally known to l1i'e':pr who has produced N / A as identification and who did/did not take an oath. O~ (Signature of Notary Public, State of Florida at Large) Ana Julia Quesada (Print name of Notary Public) M C " E' February y ommlSSlon xplres .~LU::'Qi8Rd . ,;_'111.... aa ~ a.I_1 A.dnnIOO 9rm2'g =:, O<f\,,' /}~=:;i~ ,q,," . - 17, 2005 1-33 SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Comfort Tech Air Condi tioning, Inc. warrants that he/it has not employed, ~etained 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. ~ ~-~ ~ (Signature) Date: September 20, 2004 STATE OF: FLORIDA COUNTY OF:MIAMI-DADE PERSONALLY APPEARED BEFORE ME the undersigned authority: Maykel Hernandez who, after first being sworn by me, aff!rod his/her signatMre lnam:,e of individual Bi41ning) in ,."ace provided alio e on this tli day of ep em er . 20_" Ut I~' ~ (Signature of otary Public. tate of Florida at Large) Ana Julia Quesada (Print name of Notary Public) My Commission Expires February 17, 2005 --ae \.'111?~1;~~'~" tlIe .. 1-34 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 certificatiors 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. ~~-- s~ature of Contractor . President Title .I 1-35 SECTION N FEDERAL WAGE DECISION Use the latest publication or the attached publication dated 03/02/2001 (f(~r Highway) if that is the latest list issued for Monroe County. ~ 1-36 .' GENERAL DECISION FL010035 03/02/200~ 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 ~ 1-37 .' 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 wi thin 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 "sun 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 1-38 .' 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 statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 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 Adminis.trati ve 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 1-39 SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOI:.UNTARY 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, sLSpended, 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. ~ ~ ~ ~ Sigfi u ~hcl';;: President Title ~ 1-40 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 1~/~1/~~~4 ~b:~l 305826'3556 COMFORT TECH AIC PAGE 133/04 Bond No. 104 384 821 SECTION A PUBLIC CONSTRUCTION BOND By this Bond, We COMFORT TECH AIR CONDITIONING, INC. . as Principal, whose principal business add~.jS is 1215 W. 76 Street, Hialeah, FL 33014 ,as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of U.S. Dollars $ 47,990.00 (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal rep'resentatives, succes~ors, a~d assigns, jointly and severally. ** Travelers Casualty and Surety Company 0 AIrier ca One Tower Square, Hartti6rd, Connecticut 06183 THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated . 20 ,between Principal and County for construction of Terminal Rehabilitation (Custom Buildina _ Replace NC and Handrails), the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials. or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorneys fees, inclUding appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work Subject of this Bond. Date on 20 11-2 12/Bl/2BB4 B5:21 3B5825'3555 COMFORT TECH AIC PAGE 04/04 Comfort Tech Air Conditioning, Inc. PRINCIPAL~~~:: President Address: 1215 West 76th Street Hialeah, Florida 33014 SURETY: Travelers Casualty and Surety By: ~j). ~ Charles ~s~t~Q1~i~ffYfneY-in-Fact and Florida Resident Agent Company of America Address: One Tower Square Hartford, Connecticut 06183 Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. 11-3 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under. the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, David R. Hoover, of Miami Lakes, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or .any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional Wldertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is flled in the office of the Secretary, VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional Wldertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (Wlder seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and Wldertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or Wldertaking to which it is attached. (05-04) Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2004. STATE OF CONNECTICUT }SS, Hartford COUNTY OF HARTFORD '~.~~.1 &~~~~~ ......, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY /~~;~ - - By George W. Thompson Senior Vice President On this 12th day of July, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. 'r<\~ c. ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President ofTRA VE.LERS CASUAL TYAND SURETY. COMP ANY OF. AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANy, stock oorporationsof the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of ,20 J1 ::.,4- ~P~;b~ BY~ ~--V . Peter Schwartz Senior Vice President ;t l ~1.'~~~.~;!Iii::tr+ n(:~~l~~~:r'ric '.~~~6.~tt::~bh~l"~it-t'>,"1I, i~~~~if~'~,L ~C~r~j~ivl~!;~r lC~~~rqJV'J .. 1._$~_,J:Et.... ".'.'- ,.,...." ..._.- '-'. ...........-.... ..... .. ...... ... qJfi}I!~~ ,.ttf:,~~~2~ .P~Sf~~~~ 1~~'l'~ :~~:int~ ti~ ~~:.:~~r~qri~: ~:""'k 'I._.......i"'-_' :il~~.. ,.~ lifaf(~' ~ 1'0 A';";l. ~.....t~'t\.r,""f:Jes a" ;~(Sr'::. :l'1~wiCi(~ ;t!\i" : rl;t;:~~'ui;;: ".:.a.. .".L e.~; ,~~'t ~dR.' -'__ ; ,..! ~~;da~' r:;.' -:'"lfJ'" .... u'"'d~t~"~-fJ'It~;'f~diSfSf go.~mmaatwin':$'fiare ~;.'~~~~al~~'~=:: ~~';;;"ius:l:,j' .... ~l'u):;;'O~,-j....:.__.. . -:!;~,;ii ,^"iJ .:~~',,",,,,'t-.ii"'Mi:::I'I~):'I~:".y k-t ~:HP'~;I~~'1i! :;<if"~:;' , . ;.ro...,.i'~li.liid-l1~.s:z0I'li.J~~l:~ ;qJil\ll:" u::;r;:1~i, ":,:Ji;(~:rN;HW.;~~:WI''''~ ,~~ ~.~j,. ,. .".,.~. ~1:;;;..".'.~,~.,",~ .h:..."'i<5 !;i;'\:r.;.iV ....ft.' .t!l1'~"'ir;_- :~:;nJ,~:~( Ji1 ii+.~}t: '1'liJst~ti!:",:ml"'f::Ji;it~,'~".~:I'I;I'\l~~r.;.ft~""it,!{~~~;J'.> . N.;:ii;~.lta a ._..~ ""jJf' "fltl'''''' '-~tlri~~' ~t~d ~. ~~,:. )~~f+:~~~~,~ " lte. ...' .~. . ~m,. . .' . ~.Q.t~f~ ibal. ~ar: ,,__... A~~ .~ztt:r~~=~~~ ~7~~~~:O~~:t~~~~S~~.~':~;~~;A~~ "~~~~:;n~~~:~~f,..~~;~y.i~~a"~~,: rfl.~~f~W ;q.t~,ir tn.~ r~tfaqb.@~ .,,'ff ~r .'. {'Qr~lL tif :;~~~~r;~r;~~TI~~~,'~~~ ,rar.rl;;ll~d :by [b~~t, !h~,~rrlF~ 'On.{i1J91~.~b~~ ~,.~rf~~.@,~. tQ.$'lIeh =:~:::r:1lia~_~~=~~Q~itill -TT.T.1iOfR fWi14'r SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED 11-4 NO~ SECTION C ~ ~ ACKNOWLEDGMENT FOR CHANGE ORDERQ' ~S.; TO: Monroe County Board of Commissioners Key West, Florida REF: Terminal Rehabilitation (Custom BuildinQ - Replace AlC and Handrails) Key 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 Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. Contractor By: Title: BY DATE 11-5 SECTION D CONTRACT TO Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) Kev West International Airport OJ t'l THIS AGREEMENT made and entered into the ~day of3at\w;trr } eJOOS- by and between ((),~-f{)~+ TeL)., A I'" d'v.td{ t/off ;'H7. XJU", 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: Terminal Rehabilitation (Custom Buildinq - Replace AlC and Handrails) 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 sixty (60) calendar days from the Notice- to-Proceed (Construction) as per Special Provision No.2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately fPr+'" 5everr Tit J7ut;t::?Acl }.J 111 e. if urtd Yt-d 'v~n e.,:f '-I Dollars ($ LI i) 1 &if). Df) ) 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 11-6 estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed 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 tp- be adequate to cover the performance of the work, the Contractor shall, at its $)(pense-.Within, five (5) days after the receipt of notice from the Owner so to ~~;-: furn~ an additional bond or bonds in such form and amount and with s~C!i~ surmY or sureties as shall be satisfactory to the Owner. In such event, no f~f!~~rpaY,!J1ent to the Contractor shall be deemed to be due under this agreement illiWsuch:new or additional security for the faithful performance of the work shall b~:ftirnis~d in manner and form satisfactory to the Owner. r:-- ~;n liq;. 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. CPMPY 1-r~~~:::.~;~; i I PH ("6] , -LnL . (MOn~s~~n~ .B?~~~!:~o~e~Y 0 r By: ~~ ~~;} .. . ~ Tm; re 7 i J (' "i (;it'-)i\1 23. /' AffP *TO FORM A~ ...\::Jf2 . A LEG F/t, IENC'f ~(;:. '\j<~,;,2,~,:";::" BY 1" ";:,;<~~~ EY'S. OFFICE ""':c.," OA.TE 11-7 WITNESS: STATE OF FLORI COUNTY OF ,v11~~ y1"l f" ~e.. I, the undersigned authority, a Notary Public in and for said County and State her~by (; 17;; . certify that )\;1ct'-ffl..el Hei/~ao.edez... whose name as y1f'~-J./cJeJtf" of~I~~'i e.c)f signed to the foregoing instrument and who is known to me, acknowledged before me e. 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 ;;{Jtd. day of })c.c..,eJ;UJ'ey , 20P'1 . ~~~~~ryPUbIiC ~ "....-n..li.3s\.on ~. CC h' .. ""..,... .\1 2.OOS c\ ~ rib. "'''._",,,,. ~~~,,~-~~. * Wh .... . . ortze'd1Jy'ln~ '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 ................................11/-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 ..................................................................11/-27 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ..................111-31 SECTION 80 - PROSECUTION AND PROGRESS .......................................................11/-44 SECTION 90 - MEASUREMENT AND PAYMENT ........................................................11/-51 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM (N/A) ....................../11-59 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS (PWL) (N/A) .....................................111-60 SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEM ENT PROG RAM ............... ....................................... ........... 111-61 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ......../11-87 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS .......................................11/-88 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ..................11/-96 111-1 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. 10-1 0 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 prequaljfied 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 provide 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 specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. 111-19 For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For 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. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 111-22 to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been 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 observation of the conditions if shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table 111-25 variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. END OF SECTION 50 111-26 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATIONS EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER 60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the 111-27 owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance" may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: 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 othervvise 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 movement 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 act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall 111-34 restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries 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 make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 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 interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. 111-37 Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of 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 coilectors 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 to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no 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 with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or 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 notice 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 Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM 0 1250 for asphalts or ASTM 0633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, III-52 manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting- accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 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 nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, 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 the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. III-55 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. 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 PROGRAM THIS SECTION DOES NOT APPLY III-59 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) THIS SECTION DOES NOT APPLY 111-60 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 111-61 (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 (8) 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 control number 1215-0140.) 111-62 (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 underOMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (Hi) 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 111-63 withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b )(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of 111-64 (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 performed, as specified in 111-65 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 111-66 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. 111-67 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 ot-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. 111-68 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 111-69 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 surroundings or under working conditions that 111-70 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 Emplovment Opportunitv Construction Contract Specifications (Executive Order 11246. as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having 111-71 origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 111-72 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor on its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority 111-73 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 111-74 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 to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 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 obligations under 7a through p of these Specifications provided that the 111-75 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 111-76 employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual ReQuirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 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 race, 111-77 color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. EQual Employment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: 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 111-78 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 111-79 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre- Construction Conference. E. Notice of ReQuirement for Affirmative Action to Ensure EQual 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: Timetables Goals for minority participation for each trade 30.4 % Goals for Female participation in each trade 6.9 % These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith 111-80 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 Key West, Monroe County, State of Florida. F. ReQuired Reports. 1. Monthly Employment Utilization Reports (SF 257). This Report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre-Construction Conference. 2. Annual EEO-1 Report. Contractors/subcontractors working on Federally- assisted airport construction projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: 111-81 a. Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR60-1.5,and b. Number of Employees. Has fifty (50) or more employees, c. Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of NonseQreQated 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. 111-82 b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, 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. 3-12-0037-2404 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 111-83 States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. 3. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), the Contractor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. 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 111-84 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 111-85 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 sol icitation/proposal. END OF SECTION 120 111-86 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". I n 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 130 111-87 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. 111-88 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $100,000/$500,000/$100,000 WC2 X Employer's Liability $500,000/$500,000/$500,000 WC3 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: GL 1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit 111-89 $ 500,000/person; $1 ,OOO,OOO/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU X Underground, Explosion & Collapse (XCU) GLLlQ 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 X $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit 111-90 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 $500,000/occurrence PR03 $1,OOO,000/occurrence POL1 Pollution Liability $500,000/occurrence POL2 $1,000,000/occurrence POL3 $5,OOO,OOO/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) GK2 Keepers $500,000 ($100,000/vehicle) GK3 $1,000,000 ($250,000/vehicle) MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Max. value of property HKL1 Hangarkeepers' Liability $300,000 HKL2 $500,000 HKL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000/occurrence/$500,OOO Agg. AE02 $500,OOO/occurrence/$1,OOO,OOO Agg. AE03 $1 ,000,000/occurrence/$3,000,000 Agg. 111-91 03/20/2004 05:15 3058269656 COMFORT TECH Ale PAGE 06 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY ~I s~f) BY 26 '79 ::DV a003333 '1.37 DEDUCTIBLES Zc/(O 2E~O liability policies are: A~rOccurrence {j,4sp,,~I~? !Ilk, J2jrd Insurance Agenc I ~ .o~~ ~ature -- BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will compfy in full with all the requirements Comfort Tech Air Conditioning, In~ ~ Bidder Sign ure 111-92 ' WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 500,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits $ 500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies. must maintain a minimum rating of A-V1 as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida Department of Labor as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor mayl be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 111-93 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Persona/Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-94 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-95 150.01 150.02 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. 111-96 150.03 150.04 150.05 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. DSE 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.) 111-97 150.06 150-07 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 Pavment 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. 111-98 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 nonconstruction 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 make 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. 111-99 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. 111-100 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): x The bidder/offeror is committed to a minimum of 1 00 % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of %) is cOm1T1ited to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: Comfort Tech Air Conditioning, Inc. State Registration No. Miami-Dade County Department of Business Development No. 5.2!- (Please see attached) By ~ ~ President / - &gnalure Title 111-101 ATTACHMENT 2 LETTER OF INTENT Name of bidder/offeror's firm: Comfort Tech Air Conditioning, lnc. Address: 1215 West 76th Street, Hialeah, FL 33014 City: Hialeah State: FL Z. 33014 'p: Name of DBE firm: Comfort Tech Air Conditioning, Inc. Address: 1215 West 76th Street City: Hialeah, State: FL Z. 33014 IP: Telephone: Description of work to be performed by DBE firm: We are doing 100% of the work our company is DBE certified by Miami Dade County (see attached) 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 $ 47, 990 . 00 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) President (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.) 111-102 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-25 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES ..............................................................IV-27 SP-5 - RESIDENT PROJECT REPRESENT A TIVE.........................................................IV-29 SP-6 - SAFETY AND SECURITY REQUIREMENTS ......................................................IV-30 SP-7 - LIST OF DRAWINGS ...........................................................................................IV-35 SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE (N/A) ..................................................IV-36 SP-9 - TEMPORARY FACILITIES ..................................................................................IV-37 SP-10 - DEWATERING ..................................................................................................... IV-42 SP-11 - PRECEDENCE OF DOCUMENTS .......................................................................IV-43 SP-12 - FINAL PAY REQUESTS AND RELATED FORMS ..............................................IV-44 IV-1 SPECIAL PROVISION NO. 1 PROJECT 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. Contractor shall provide all labor, engineering, materials and equipment to replace A1C units and handrails in the Annex Custom Building at Key West International Airport. Also the project will include selective demolition of existing A1C units and handrails. Finally contractor shall provide possible alternate to apply concrete texture to the existing ramps and develop exterior mansory painting. 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 sixty (60) calendar days as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision NO.7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision NO.4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). IV-2 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. The project layout surveying may be accomplished during daylight hours provided the Contractor meets the following conditions: A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48) hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway 9-27 or within 73' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and Ahand tools@ will be allowed within 125' of Runwav 9-27 centerline, at the turn arounds and TMI'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 anv 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 companies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. 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 ~ith 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 deliverv 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. B. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 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 the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost that 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. B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. 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 different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to information on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar 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-Built drawings is a pre-requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to 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, normal 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 be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. 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 Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies ). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. 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 DBE participation percentages. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record 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 where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. 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. B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. IV-21 SPECIAL PROVISION NO.2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: 1. Notice to Proceed (Permits) A Notice to Proceed (Permits) will be issued ten (10) days after award of contract, for the Contractor to pursue obtaining the necessary permits. This Notice to Proceed (Permits) 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 (Construction) be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. This Notice to Proceed (Construction) shall include all the construction activities necessary to complete the work in accordance with the Contract Documents. Sixtv (60) 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 Contractor's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. Notice to Proceed (Construction) This phase shall include all the construction activities necessary to complete the work in accordance with the contract documents. Sixtv (60) calendar days will be allowed to complete the work in its entirety, and shall be constructed as follows: Construction work under this project will be accomplished during the daytime unles otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. Work to be performed: 1) The Contractor shall give the engineer or resident project representative (RPR) 48 hours advanced written notice prior to starting work in any area so the appropriate notams may be issued by the airport. 2) Place barricades as shown on the plans. 3) The Contractor must provide his authorized personnel with radios operating on the local ground control frequency of 121.9 for clearance instructions relating to airport safety. 4) Information shown on the drawings has been prepared from the most reliable data available. However, it shall be the responsibility of the IV-23 contractor to determine the location, character and depth of any existing utilities, at no additional cost to the owner. 5) Extreme caution shall be exercised to prevent damage to existing utilities. Repairs to existing utilities necessitated because of damage caused by contractor's activities shal be at the expense of the contractor. 6) Construction shall be performed in such a manner as to provide a minimum of inconvenience to the users of the area. 7) The Contractor shall have available at all times appropriate sweeping and vacuuming equipment to remove any dust or debris. 8) Excavation within three (3) feet of FAA or any other existing cables shall be by hand-digging. 9) FAA power and control cables shall be protected from heavy equipment operation by steel boilerplate or other approved method. 10) Signs and markings shall be provided in accordance with the Florida Department of Transportation. Contractor shall submit to the owner a MOT plan that shows the scheme that is intended for use on this site. 11) Contractor shall develop complete selective demolition of existing handrails and A/C units removal. 12) Contractor shall furnish and install new handrails and A/C units according to these contract documents. 13) Contractor shall apply concrete texture on existing ramps and stairs in case owner decides to include this option in the project. 14) Contractor shall apply exterior masonry painting at the Annex Building in case owner decides to include this alternate in the project. Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus, discarded materials and rubbish. During the week of Fantasy Fest (October 31) and New Year week the contractor shall coordinate with the airport manager, RPR, and FBO's to isolate his work in some specific areas. The airport manager may instruct the Contractor to stop the work during this time. No additional time and/or cost will be granted to the Contractor. IV-24 The contractor shall have a total of sixty (60) consecutive calendar days from the issuances of the Notice-to-Proceed (Construction) to complete all work associated with this project. 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, (PERMITS) equipment and supplies needed to complete the work. No on.site A.SAP. construction activities shall be accomplished and the Airport shall remain open to aircraft operations during the stage. - Demolition NOTICE TO PROCEED - Install handrails Maximum 60 (CONSTRUCTION) . Install Ale units Calendar Days . Apply concrete texture and exterior masonry painting 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 60 viable construction sequences that 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. 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 (Constrl!c~ion) Terminal Rehabilitation (Custom Building - Replace A/C and Handrails): If the Contractor fails to achieve final IV-25 completion within the 60 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 the work. IV-26 SPECIAL PROVISION NO.4 PROTECTION OF AIRPORT CABLES. CONTROLS. NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAl DS 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 NAVAl DS 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-27 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-28 SPECIAL PROVISION NO.5 RESIDENT PROJECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be performed by the Engineer or his duly authorized representative. 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE (RPR). The 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-29 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. B. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two-way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activitv and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, sub-contractors, material men or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to suspend his operations, remove his personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. IV-30 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 (NOT AM) 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-31 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 the Contractor or Sub-Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. IV-32 E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Deliverv 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. F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the site. IV-33 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 subcontractor shall be issued a construction worker security badge supplied by the Kev 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. Pavment. 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-34 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. Description REFER TO TECHNICAL SPECIFICATIONS SECTION IV-35 SPECIAL PROVISION NO.8 RESIDENT ENGINEER'S (RPR) OFFICE THIS SECTION IS NOT APPLICABLE IV-36 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-37 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Engineer and Owner. Construction workers' private vehicles shall be parked within the areas. B. During construction, the Contractor shall maintain these areas in a neat condition. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. IV-38 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the Contractor's responsibility. B. De-watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Drinking Water: Provide either pipe-connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. IV-39 6. TEMPORARY UTILITY SERVICES A. The Contractor shaH 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 utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 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 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-40 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 limerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered ncidental to the project. IV-41 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-42 SPECIAL PROVISION NO. 11 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division I)(including any and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) IV-43 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-44 ATTACHMENTS IV-45 POLICY STATEMENT REGARDING EMPLOYEE ALCOHOL AND DRUG USE Comfort Tech Air Conditioning, Inc. is committed to a safe, healthy, and productive workplace for all employees. The Company recognizes that alcohol, drug, or other substance abuse by employees will impair their ability to perform properly and will have serious adverse effects on the safety, efficiency and productivity of other employees and the Company as a whole. The misuse of legitimate drugs or the use, possession, distribution or sale of illicit or unprescribed controlled drugs on Company business or premises is strictly prohibited and is grounds for immediate termination. Possession, . use, distribution or sale of alcoholic beverages on Company premises is not allowed. Being unfit for work because of use of drugs or alcohol is strictly prohibited and is grounds for termination of employment. While this policy refers specif~alty to alcohol and drugs, it is intended to apply to all forms of substance abuse. The Company recognizes drug and alcohol dependency as a treatable condition. Employees who suspect that they have an alcohol or drug dependency are encouraged to seek advice and to follow appropriate treatment promptly. Comfort Tech Air Conditioning, Inc. may require employees to submit to medical evaluation or alcohol and drug testing where cause exists to suspect alcohol or drug use. A positive test result or refusal to submit to a drug or alcohol test is grounds for disciplinary action, including termination. .. . o z C) z - z o !::: o z o o 0:: <( :I: o W ... ... 0:: o u. :E o o en .... ;:( 0:: o Z <( :I: ~ o < wi o <( ~ ....>- 0..... wZ 0::5 '0 c)w ~o 00:: ..JZ 50 al:E :E ~ o~ ...I.loo eno ~o.. 00:: -<( Z.... 0<( -z "'0 ~- -... ....<( -z alo:: <(w :I:... Wz 0::- ....... <(en ZW -~ ~>- WW ...~ ~ N ...l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l"l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 0 0 0 0 l"l 0 0 0 0 0 0 0 0 c::i c::i c::i c::i c::i c::i c::i ~ c::i c::i m c::i ..; .0 m c::i c::i c::i c::i c::i c::i c::i c::i 0 0 0 0 0 0 0 co 0 0 ~ \0 r-- 0) co 0 0 0 0 0 0 0 0 .... 0 0 r-- 0 co co ~ N.- LO r-- co ~ N_ LO co q \0 0 ~ 0 LO "'- co (.) o- N- ai <ri <'i r-: r-: N <'i <Ii <'i <ri 0 <'i <Ii LO ai -i rri LO- ai ~ <Ii ~ 0 M l"l ~ N ~ l"l 0 ~ ~ LO r-- ~ l"l N LO \0 0 N ~ N ~ LO ~ ~ l"l N l"l l"l ~ 0) ~ ~ ~ l"l ~ N ~ N N I- Z 0 (.) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ l- I- I- ...= z z z w w W ...J ll. :E :E :E w ...J ...J ...J ...J ...J ...J ...J ...J ~ 0 ~ ~ ~ ~ ~ I- ~ l- I- ~ ~ J: " " " a:: z (.) I- a:: a:: a:: ~ a:: ~ ~ a:: a:: I/) 0 ll. <( Z ll. 0 i= I/) w w I/) I/) I/) I/) w I/) w w I/) J: I/) J: ~ 0 III :E 0 0 0 0 0 0 0 0 0 (.) 0 J: :E .... J: J: J: J: Z J: Z Z J: <( J: ...J " W <( I/) (.) ...J ...J I/) ...J I/) ...J ...J 0 ...J 0 0 ...J III ...J Z W W <( <( <( <( w <( w <( <( i= <( i= ~ <( <( " a: :E ll. a: a: a: a: a: a: z a: 0 z w z z <( <( 0 a :J 0 0 J: 0 0 :J 0 :J 0 0 ~ 0 :; :; 0 I- 0 W " z :E .... z :E " :E " :E :E :E <( <( :E z :E " ~ <( w " w ~ w ~ w w w w >- w :E 0 :E :E :E :E w :E w w :E :E ...J Z I/) 0 ~ z z 0 0 0 0 :9:; <( ~ z z z <( z <( z z <( z ~ <( Z III Z " " u " 0 u.. :; 0 (.) 0 u 0 0 0 0 0 0 u.. 0 w 0 a: <( I/) 0 I/) a: I/) a: I/) I/) :E I/) :E I/) 0 I/) Z ll. ~ <( ~ ~ ~ ~ ~ :E ~ ~ <( <( :E w >- w w <( <( ~ ~ 0 (.) I- 0 U U U (.) <( u <( <( (.) (.) I/) I/) w :E ~ <( u ~ <( :E <( :E ~ <( :E <( :E I/) I/) ~ <( u <( 0 C> C> :E <( ...., ...., <( ...., <( ...., ...., C> C> ...., ...., ::l Z 0 Z .... 0 r:r i= z Q w en z u w ~ 0 l- I/) (.) >- w .... l- I- J: Z i= ~ z I/) z I/) :E I/) Z z 0 :E 0 ~ ~ <( I- 0 W U w W ::l W Z ...., I- W 0 I/) I/) z u ~ (.) z w @ :J 0 C> z Z \0 i= w ~ (.) " w ~ :3 .... III :E 0 0 r:r 0 z ~ w w ci ~ z ii: w I- (.) >- <( ...J N C> :E w :E " :J C u.. ~ Z J: ll. W W J: w i= w w 0 0 0 ~ ...., ~ W I- W l"l Z W " 0 " ...J " ...J 0 >- w 0 I/) ii: ~ 0 (.) c (.) III Z 5 >- I- r:r " l- I/) " ~ 0 w .... :3 0 w ~ r:r z ...J >- ~ 0 Z ...J W l- I/) 0 I- " III ~ ...J I/) ~ " ll. W <( (.) I/) r:r z I/) 5 > 5 cIS ll. ...J <( ~ I/) 0 r:r w w a: z w W III ...J u.. :E ll. Z ~ w 0 Z III i= I/) w u.. I/) .... ...J " r:r " w ::::i ...J 0 W ll. I- 0 " 0 (.) (.) " co " 5 w w ~ l- ll. i: <( i= i= >< (.) \0 0 Z z :E J: w (.) <( c ~ >- ~ i= w w ~ z cIS 0 I/) 0 <( (.) (.) :E :3 u.. ~ 0 C> Ci5 Z ...J <( cIS r-- I/) J: :E (.) w w <( I/) 0 ~ (.) 0 <( w ~ ll. 0 ll. I- 0 0 I/) z z I/) z z ~ C> w ~ w 0 ...J <( W W a (.) w W I- " ...J ii5 0 w ~ ...J >- .... I/) z r:r I/) w J: ii: ~ III ~ r:r " 0 ii: " W ...J 0 Z ::l ~ ll. Z " Z ::l :E C ii: l- I- ii: J: <( ::l ...J W u.. 0 " 0 w 0 ~ :E (.) ~ :E 0 I/) w 0 ...J ~ ...J ::l ~ <( J: 0 0 0 <( I- ::l ...J :E ~ I- " u :3 I/) ...J (.) u.. ~ ~ ~ ::l (.) I- (.) " (.) C I- W Z ll. ...J 0 J: " I/) W III :E J: ::l ::l Z ll. >- :E i: w 0 ll. ...J W , ~ ll. " 0 r:r w 0 w w <( " 0 <( I- Z U :E u ::l ~ I- 0 ::l ::l " <( <( J: I/) ~ z (.) :E " ii: III U W C) <( a.. ~ co :a: :E W !::: UJ ...J < 0:: C Z <( J: ~ U <( w...J ULL <( ~ ...J~ Q.Z W:::) 0::0 .U C)w ~O Co:: ::!Z U :::)0 m:! z :! ~ C) O~ ~o:: z UJO - :::)Q. Z 0 ua; ~ -<( C Z...J 0 0<( W Z 0 0 -z W ~O W U z ~- I-z 0:: -~ ...J<( ZW < wI -z ~ :ES: J: ma:: N 9:0 <(w ~ :JW U J:~ W 01- W Wz wZ r.- C) u.W 0::- 00:: ~ ...J~ <( I-W 0:: <(UJ .Q. WID -..... 0 ZW i~ .......... LL :!~ ~ :! W 0::> :E Z 0 WW W ~. U ~~ !::: () <( I I I - - - () z " z - z o !:: C z o () 0::: < J: () W l- I- 0::: o u. :e o () tJ) ...J < 0::: C Z ct J: ~ () < w...J U. () M :5~ a.Z w::) 0:::0 '() "w ~O Co::: ...Jz 50 m:e :e M 01- 1-0::: tJ)0 ::)a. ()~ -ct Z...J Oct -z 1-0 ct_ 1-1- :Jct -z mo::: ctw J:I- wz 0:::- ...JI- cttJ) Zw :e3: 0:::> ww I-~ ~ N ~ 0 0 0 0 0 0 C! 0 0 0 ci Il'l ci 0 en 0 en <0 0 ~- I-- I:!. ~ ~- I:!. U 0 ("') 10 ~("') ~ 0 ~ ,... <010 Il'l en ("') M M I-- Z 0 U ~ ~ ~ ~ ~ ;;; ;;; ~ 0 0 ClO ~ 10 0 0 ,... M <0 M M en ,... ~ a, a, , ~ , ;::: co co <0 ~ co en en Il'l Il'l ,. .;, .;, .;, .;, 10 0 0 0 0 0 M M ("') ("') ("') 0::: (!) Z 0 it: -J I-- ~ U W ~ W z en z W I-- W W Ci :E I-- Z 0::: <( Z Z 0 0 (3 W 0 U U 0 ~ ~ -J (!) > ~ en z en ::> z Z <( I-- W W Z Z ~ U W <( 0 W W > en u .(!) I-- e!) <( (!) :E :5 z 0 0 z u i= Q I-- ~ I-- en ~ W 0 W I-- ~ Z (!) (!)o U >- W ~ Zz W W 0::: QW .., ~ 0::: 0 -JO::: 0 I-- 0 I-- Sw 0::: Z 0 en all-- a. W -J all enS l.L ::E l.L W 0::: en 0 W co U Wu W U all Z z- .:E ~ <( -::E ,... ::E<( <( a. (!) z )liz z W W Z I-- w>- 0::: ~ Z 0 0::: <( -Jo W J: ::E <(0::: -J I-- S:2::> -J ::> ::E 0 J: 0 a. w~ u en <( :EU w " ct a. .n - =It :e w !:: COMFORT TECHAffi CONDITIONING, INC. TERMINAL REHABILITAITO.N (CUSTOM BUILDING - REPLACE AlC & HANDRAILS, KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY, FLORIDA LIST OF KEY PERSONNEL Maykel'Hernandez Jose A. Obregon Jose R. Chasco Mario Cabrera President/Qualifier Project Manager Chief Estimator Superintendent 12 years experience 29 years experience 28 years experience 15 years experience Maykel Hernandez 1215 West 76th Street Hialeah, FL '33014 Phone: (305) 231-9832 Facsimile: (305) 826-9656 E-Mail: mhernandez@comfort-tech.com Areas of expertise Professional experience Ventilation and .Exhaust systems. Galvanized steel, Stainless steel, and Aluminum air supply & return ducts for all pressure class. Fiber Glass ducts. Duct insulation. Chilled & Condenser Water systems (chillers, cooling towers, pumps, piping, insulation, controls). Air Handler Units, Fan Coils and Condenser Units in all capacities and types. Steel Piping systems, screwed and welded. All types of Duct devises and dampers (motqrized, FD, SO, FSD). Compressed Air Systems (air compressors, dryers, piping, tanks). Pressure Tests. Test and Balance Reports by an independent agency. Schedules of Work. Submittal Data and Training Services. 1996 - Present, Comfort Tech Air Conditioning Inc., Hialeah, FL President · Responsible for all levels of management, marketing and finance. · Minority-owned, computerized, air-conditioning firm specialized in interior and exterior remodeling of HV AC of commercial projects. · Project Manager for the variable projects performed for Miami Dade Aviation Department and Dade County General Service Administration. This includes estimating and negotiation. 1992-1996 Field Supervisor of Commercial Installation · Manage all Field Work · Responsible work tasks Representative Projects '. Jackson Memorial Hospital, 7th Floor of the Highland Professional Building. September 1998 · Jackson Memorial Hospital, 5th and 6th Floor. October 1998 · USDA Sugarcane Field Station- Canal Point, FL. January 1999 · Addition to La Carreta at Miami Intemational Airport. February 2000 · Lily Lawrence Bow Library Restoration. September 1999 · Round Tower Improvements. March 1999 · Miami IntemationalAirport- Hotel Guestroom ADA Renovations. March 1999 · Crandon Tennis Center Broadcasting Booth. Marc)12000 · South Miami Library AlC. April 2000 · Palm Towers Mechanical Improvements. October 2000 · USDA Sugarcane Field Station-Canal Point, FI. April 2000 · Robert King High Towers AlC. April 2000 · Blessed Trinity Catholic Church. June 2001 · Miami Intemational Airport- Project 746B. Still in Progress · Replacement of Chilled Water AHU at Miami Dade Fire Rescue Department. Still in Progress · Jackson Memorial Hospital Neuro-Angio Suite. Still in Progress , Ucensesand affiliations References · Miami Intemational Airport Tract 1 Bldg. 60A Compressed Air System. July 2001 · Miami Intemational Airport Auditorium. August 2001 · Miami International Airport Main Street Improvements. Still in Progress · US Coast Guard Opa-Ldcka Building 112. Still in Progress · Coop. Extensions Chilled Water Air Handler Units Replacement. July 2001 State Certified Contractor, Class A Mechanical License Available upon request. , 768 E. 54th Street Hialeah, FL 33013-1666 Jose Antonio ObreJ!on Telephone ((305) 681-5229 OBJECTIVE: A responsible and challenging project management, supervision, or operations position with emphasis in the 'field of Mechanical Engineering. EDUCATION: 1 966- 1972 1966- 1969 1984-1995 EMPLOYMENT: April2003-Present August 2001-Apri12003 May 200 I-August 2001 1998 -May 2001 1982 - 1998 1980 - 1982 1976-1980 1976 - 1980 Mechanical Engineer, Universidad de Santa Clara, Las Villas, Cuba Civil Engineer, Universidad de Santa Clara, Las Villas, Cuba Post-:Grade, Welding Construction, Universidad Central de Las Villas, Cuba Post-Grade, Centrifugal Pump Selection, Universidad Centras de las Villas, Cuba Project Manager Comfort Tech Air Conditioning, Inc. 1215 West 76th Street, Hialeah, FL 33014 Electrician DEC Electric Inc. 3200 West Copans Road Pompano Beach, FL 33069 Estimator . GEC Associates, Inc. 12208 Sw 129th Court Miami, FL 33186 Electrician Honshy Electric Co. 7345 SW 41 st Street Miami, FL 33155, Mechanic Project Design Planta Mecanica, Santa Clara, Cuba Mechanic Engineer Fabrica de ,Traviesas Honnigon Santa Clara, Cuba Mechanic Engineer Combinados de Citricos Islas de Pinos, Cuba Instituto de Mecanica y Refrigeracion , Santa Clara, Cuba . Jose ChaSco Areas of Expertise Development and construction of industries. Consulting , Engineer on mineral dressing plants, cement plants and nickel plants. Bulk material handling equipment. Mechanical designs. Mineral drying systems. Dust collection systems. Installation of compressed air systems, A1C and chilled water systems, pumps, cooling towers and piping. Education Master of Mechanical Engineering, Central University, Cuba, 1997 ,Autocad, Planta Mecanica de Santa Clara, Cuba, 1991 . Training for Nucl.ear P,ower Plants build up, Ukraine, 1983 Mechanical Engineer, Central University, Cuba, 1975 Work experience 2000 - Present, Comfort Tech A1C, Inc. Miami, FI Chief Estimator 1987 -2000, Planta Mecanica , Santa Clara, Cuba Chief Engineer · Responsible for design and construction of mechanical projects. 1975 -1987, Industrial Construction Enterprises, Santa Clara and Cienfuegos, Cuba. .Project Manager · Responsible for completion of Mechanical Projects. . - · First Radioactive Circuit Built up on Nuclear Power Plant of Cienfuegos. COMFORT TECH I ncome Statement Year to Date . For Period of January 1, 2003 through December 31, 2003 (After Adjustments) Income Statement 03/18/04 ~ Operating Income 40000 Contract Income 40100 Service Income 44000 Discounts Earned 3,142,837.42 37,820.00 80.32 Total Operating Income: 3,180,737.74 Total Income: Direct Expense 50001 Material 50003 Equipment Expense 50004 Subcontracted 50005 Other Job Expense 50400 Direct Labor 50410 DIL Payroll Taxes 50420 Workers Compensation 50430 DIL Liability Insurance 322,592.56 790,329.49 747,514.48 113,640.22 275,286.56 23,277 .07 2,218.11 13,538.11 Total Direct Expense: 2,288,396.60 Total Operating Expense: Gross Profit: Overhead Expense 60010 Officers' Salaries 60020 Office Salaries 60030 Payroll Related Taxes 60040 Workers Compensation 60050 Liability Insurance 60060 Auto Insurance 60070 Accounting Fees 94,600.00 191,286.46 41,673.60 19,002.52 4,100.26 12,382.16 720.00 Report 2-3-0-21 SUPERVISOR Page 3,180,737.74 2,288,396.60 . 892,341.14 03/18/04 12:07 PM Income Statement 03/18/04 Continued... 60100 Advertising/Promo 60150 Bank Charges 60155' Bonus Expense 60200 Charity Donations 60220 Depreciation Expense 60250 Consulting Fees 60255 Computer Expense 60280 Dues & Subscritptions 60281 Meals & Entertainment 61200 Postage & Freight 61220 Office Supplies 61310 Seminars 61400 Taxes & Licenses 61999 Telephone 62000 Travel 62500 Office Expense 63000 Miscellaneous Expense 65000 Vehicle Maintenance 65100 Vehicle Fees 65200 Fuel 65300 Vehicle Repair 65500 Other Vehicle Expense 3,145.68 285.04 3,015.44 900.00 2,781.00 285.00 573.16 1,754.86 6,111.60 141.20 3,884.82 1,695.97 287.75 16,808.02 2,080.69 6,524.29 441.89 4,558.71 14,008.16 18,853.74 4,690.21 5,796.51 Total Overhead Expense: 462,388.74 Total Indirect Expense: 462,388.74 Net Profit Before Tax: 429,952.40 Net Profit After Tax: 429,952.40 Report 2-3-0-21 SUPERVISOR Page 2 of 2 03/18/04 12:07 PM COMFORT TECH Balance Sheet Period = 12 For Period of January 1,2003 through December 31.2003 (After Adjustments) Balance Sheet 03/18/04 v Current Assets 10000 General Checking 10002 Payroll Checking 11200 Contract Receivables 13,992.85 402.44 651.671.75 Total Current Assets: Fixed Assets 18100 Vehicles 18300 Computers 18,266.38 8,607.34 Total Fixed Assets: Accumulated Depreciation 19100 Accum Dep'n Vehicles 19300 Accum Dep'n Computers 15,086.38 3,759.00 Total Accumulated Depreciation: < 8,028.34 Net Fixed Assets: Total Assets: Current Liabilities 20000 Trade Accounts Payable 23100 Due to Monica Paredes 23150 Due to Luis I Enriquez 299,615.47 1,548.37 1.548.37 Total Current Liabilities: 666,067.04 26,873.72 18,845.38 > 302,712.21 Total Liabilities: Report 2-2-0-21 SUPERVISOR Page 1 674,095.38 302,712.21 03/18/04 12:07 PM Balance Sheet 03/18/04 Continued... Equity 30000 Capital Stock 33000 Retained Earnings 500.00 . 40,873.70 Total Equity: 41,373.70 Owner's Drawing 35000 Owner's Drawing 99,942.93 Total Owner's Drawing: 99,942.93 Net Profit or Loss: 429,952.40 , Total Equity: 371,383.17 Total Liabilities + Equity: 674,095.38 Report 2-2-0-21 SUPERVISOR Page 2 of 2 03/18/04 12:07 PM ADDENDUM No.1 September 9, 2004 to Specifications and Other Contract Documents for Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) Key West International Airport Monroe County, Florida A.I.P. No. 3-12-0037-2404 PFC No.8 TO ALL CONCERNED: The following items are modifications and interpretations to the original contract documents. The following items as provided hereinafter are now in effect and have the same force as if included in the original documents. Bidder shall acknowledge receipt of this addendum on the proposal form (Section C, page 1-16 and Section H, page 1-27). , Also, please sign this page of the addendum and return by fax (305) 261.4017 to confirm your receipt. This Addendum No. 1 consists of ~ total pages. Comfort Tech Air Conditioning, Inc. Company Name (J4&dteq-fiv S~n~u~ . Ana Julia Quesada Name Office Manager Title Addendum No.1 Page 1 TRANSMISSION VERIFICATION REPORT TIME 09/09/2004 10:27 NAME COMFORT TECH AIC FAX 3058269656 TEL 3059691203 SER.# BROM3J982723 DATE,TIME FAX NO. I NAME DURATION PAGE(S) RESULT MODE 09/89 18:26 3852614817 08:813:19 81 OK STANDARD ECM DBD DEPARTMENT OF BUSINESS DEVELOPMENT September 12. 2003 CERT. 1\'0: 554 APPROVAL DATE(s): 10/01/2003 _ CSBE 10/01/2003 - HBE EXPIRA TlO~ DATE: 09/30/2004 Maykel Hernandez COMFORT TECH AIR CONDITIONING, L.'lC. 1215 W 76 St. Hialeah, FL 33014 Dear Mr. Hernandez: The Department of Business Development has completed its review of your application and attachments submitted for certification as a small, minority and/or disadvantaged business enterprise. This department hereby approves your fum as a Conununity Small Business Enterprise (CSBE) and Hispanic Business Enterprise (HBE) in Miami-Dade County in the categories listed below. Your firm will be included in our registry of certified businesses and this certification is valid for twelve (12) months, expiring as noted above. This certification may require additional review at the time of bid or when your company is being considered by a prime contractor to meet a goal. It affords your company the opportunity to participate as a sinal[ or minority-owned business in the competitive process for contracts. Please note that the trade categories listed below are the only areas that your company is eligible to bid or participate in contracts under your current certification. You should also register as a Miami-Dade County vendor. Please contact Miami-Dade's Procurement Management Division at (305) 375-5289 to obtain a vendor application. , If any changes occur within your company during the certification period (such as ownership, address, telephone number. trade category, licensing. technical certification. bonding capacity. or if the business ceases to exist) you must notify this office in writing immediately. It is imperative that we maintain current information on your company at all times. All inquiries or changes related to this certification should be directed to the Certification Unit between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. This department will forward to you an application for re-certification (a much shorter process) within four (4) weeks of the above expiration date. Please be advised that your firm may be prohibited from working on contracts obtained through this certification if you fail to re-certify or if the firm loses its certification for any reason. We look forward to your participation in Miami-Dade County's small, minority andlor disadvantaged business programs. Sincerely, ql1~ CATEGORIES: (Your firm may bid or participate on contracts only under these categories) Heating. Ventilating. And AlC Equipment (CSBE. Level 2. HBE) Plumbing. Heating. And Air.Conditioning Cont/':lctors (CSBE- Level 2. HBE) r, : . '. . . ....-- i :J~~; ;-(j]U[LD~~~{ _~.OEt f il! SCP . ;': 2GJ3 /i ; /, ~7'~""-~ f! t.. t.JL -i("'~':'I~11.J ~ _Ii--Jio- II L::J: . ;.. -~ -- --- ----.. ---....... -----..-.. --- Department of Business Development Court House Center Building 175 NW First Avenue 28th Floor Miami, FL 33128 Phone (305) 349-5960 Fax (305) 349-5915 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~. CONSTRUCTION INDUSTRY LICENSING BOARD . 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 HERNANDEZ, MAYKEL COMFORT TECH Alc INC 1215 W 76 ST HIALEAH FL 33014 (e STATE OF FLORIDA AC# 145 E I ~ . .;~ DEPA,RTMENT OF BUSINESS .AN ".. .,/ PROFESSIONAL REGULATION CAC057324 06/18/04 030734 CERTIFIED AIR COND CONTR HERNANDEZ, MAYKEL COMFORT TECH A/C INC RECEIVED JUL 1 -~ 2004 Comfort Tech NC I I IS CERTIFIED u~<i.r the provisions o~ eh.4 E ~ k;ll.u:lol1 4&:.. AUG 31, 2006 L0405180' DETACH HERE AC# 14 5 5 3 3 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L0406180C : . LICENSE NBR 030734741 CAC057324 The CLASS A AIR CONDITIONING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date:AUG 31, 2006 HERNANDEZ, MAYKEL COMFORT TECH Alc INC 1215 W 76 ST HIALEAH FL 33014 M1A~II-DAOE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2004 OCCUPATIONAL LICENSE TAX 2005 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 2005 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A . ART. 9 & 10 o' FIRST -CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 364460-7 ~ HOI-fE1SoFFICE3liE'--OO NOT FR'ENEWAL 380806-1 LI~~o#CAC057324 BLf~fblW'lsrteMATACfk CONDITIONING INC 3375 W 76 ST 33018 HIALEAH O~'OMFORT TECH AIR CONDITIONING IN s~l-9~pes?~mtsry MECHANICAL CONTRCTR WORKER/S 10 THIS IS "'~I OCCt,;;lJ nON..\l T ~x C';~ t. IT OOB NOT p5:RMr:" rrl: l:caSS~! TO VIO~r: AWl e~,sr.NO Aeouu TORV OR ZONINO uws 01= Th! COUST' OR cmes. NO" CQ!3 IT EX!M?'i THE UC!.~S!! PROM J,:'\ty O~E~ ~!c:~sc: OR p=rt~r;. RSOUIF!5.J By U.W. THIS IS N07 A ce~':":F;CA nOt: o~ THE WCC:~.SC:!'S OU.\~FlC"" TION. DO NOT FORWARD PAYM;~lT RE:~r/::> MI~"'I.o~oe COUNT"! UX CC~~:CTOR: 08/18/2004 00200000505 00004 5 ~ 110 c'~ COMFORT TECH AIR CONDITIONING INC MAYKEL HERNANDEZ PRES 1215 W 76 ST HIALEAH FL 33014 I" II. 1,11,11, I II 1111.1,,11111111111, , I , 1,,1. J. 1111,1 , L 111.11 SS.~ O-;'HEi'l SIDE RECEIVED SEP ,OJ 2 2004 Comfort TeCh Ale APPLICATION FOR PAYMENT FORM IV-46 ~ z w ::E ~ a- D:: o II. Z o ->- ~c:: uoe:( -::E E::E A.::) c(cn * E ::I en 1:5 !:!1 - C o () ro C '0, 'C o o z C o +:l ell ,~ C. 0. <l: '-= Q) "E o Q) OJ C ell ..r::. () "U Q) > e 0. 0. <l: >. m Q) OJ C ell ..r::. () - Q) z ell "U 'C o u: ~ C ::I o () Q) e C o ::::E {:. 2 ell Cl {:. E ::I en 1:5 !:!1 - C o () ~ !:!1 - C o () E e u. 2 ell Cl {:. "U ~ .9 en ~ "U .$ Q) C. E o () ro (5 I- Q) OJ ell C $ Q) 0::: 1:5 Q) oe' a.. ~ o ~ "U ~ C. E o () - o ~ o '-= o u. n !:!1 - C o () Q) OJ ell C 'ffi - Q) 0::: 1Il 1Il Q) ...J "U Q) C ... ell W ro (5 I- ~ E e u. -0 o 'C Q) a.. .i!3 C Q) E >. ell a.. 1Il ::I o 'S; Q) ... a.. 1Il 1Il Q) ...J 2 ell Cl n !:!1 - C o () Q) ::I Cl >..l!l .oC "Q) 'iij [ o.CIl . co. Q)CQ)" OlQ)Q)C al~.cCll ~Ul~"Q) OCllCll~::l ~.c.cUl" UlC.l!l.!!l3: 'l5~5~g ts~~~.!!l ~ a.. co 'E .~ c'--Q)~ 0.E"iii~Q) (.)c:->..c Q)OCllCll~ :5:;::l:5a.~ _ ~ . '- 0 o ._ .l!l .E .c ...... 15.. c V) Ulo.Q)~- ~<l:~.Qai ~~g~[ """""0== co 0>'_ 0.0. """.0 () 0._ 1ii,,~<l:C: =eC~~ UlQ)OO::l ~ >8(.)'>~ :0 Q)Q)CIl ~ ~'-.c Q)~_ 0._ 00.c.c" l5 :s: j .2 lij tsQ)Q)j. ~:50..::.::4; - 'C:'-!; C:-CIlO~ O.~,,>O (.)Qj'-:;: ".oRoQ) Q)"Oo'+-"-:5 c c ctIi '- OlCllc:.9E '~5:;~.g Q)._Q)-" -groQ;SQ) ::l E o.(.).~ ~.EEQ)~ f- .S 8:5 ~ - C Q) E >. ell a.. .c 1Il '2 Li: .9 Q) o C ell ro m - C ~ ... ::I () f- Z w ::E ~ a. a:: o u. w 8 u: ~ w (.) C/) t; W f- I (.) c::: <l: Q) j!l:5Q)Ul ctJ '0:5 ': "'C..... .. 0 Q)CI)-c....... .cQ)Q)0 ;.cB~ c:~.-c: ro....."CQ Ul 0 .S (.) c......(/)Q.) o......ro..c ._ ro ...... ro:5~"'C i:: '- Ul c: Q)Q)UlCll Ul~Q) . -g ~ 8>E ~~ a~ U)"'U):J C:OCllO o-.co c:Ul~Cl o~ots "'E:S:~ :Jl~Q)c E ts :5.8 ui"$'QjQ) . ~:C=.c" C:0Q)-Q) <1>L...c:5!E E <l: " .- t:: ::lg Q) C 3: Q) :5C1lQ)(.) a .c: 0_ c:0C:C: t) O:;::l CIl ::l ~+:iro"EO c:gg@~ 8 2::5 CIl ~ Q) ra ...~...... :5 ~ ~.!!l '0 :5.8al~51 .~ ~~~ [ ~:5~Q)~ CIl g>.Ul = 0 "E.u;oo...... @.- Q) >. " '- ...... ...... Q) CIl ~~'ffi~ .E:8~5-ai .9 l5.~ ~~ ~~ 0>. (.)c: Q) CIl .c_ -::l 00 -.c >.~ C 3: o Q) ~ro .0_ g!,c: CIl Q) 0.[, .22 co "0 " a. jg ~'Oc: 'E~8 Q)c:Ul (.) j!l'- ...... 0.:5 5 ~ ~ 00" E ell c: <i::,,::l Q) C 0 .cCllt) f-CCll . Q) '- .9/~c ~ ~8 (5 0...... Ol .0 Q) 2l ... i~~ It::1!Q) Sc:5 ~._- t;::~o 'E~:E Q) " Ol (.) Q) .;::: .!!l E >. .cCllC: f-c:CIl j1j CIl Cl >. en is ~ C ::l o (.) "'" o Q) E C/) '- .E -c .~ 0. a. CIl C ::l o E CIl Q) :5 E .g l!? ~ u -c Q) "" 'E 2l c ::l o E CIl Q) :5 It:: c: o ~ ~~ ""a. ~~ ~lij c:.c ::l 0 ~~ J C\l '0 >. CIl -c Ul ;S Q) E ~ .E Q) .0 .9 E ~ Ul -c c: CIl -c Q) .0 l5 Ul .0 ::l C/) .:-: (.) W f- I (.) a:: <l: .2 :c ::l a. i::' j!l o Z iti ~ '5. x w c: o 'c;; Ul 'E E o (.) >. ::E >. en ~ CIl Cl 'E Q) E >. ell a.. ... $! "U Q) > e 0. 0. <l: 'E Q) E >. ell a.. ... $! "U Q) > e 0. 0. <l: 'E Q) E >. ro a.. ... $! "U Q) ;: Q) 'S; Q) 0::: ... Q) c_ ;: C OQ) _ E Z't:: C ell ::10. o Q) ()Cl Q) Q) e g C ell o C ::::ELi: 2 ell Cl ... .9 !:!1 - 1Il '2 'E "U <l: Z' ... c Q) ::I C 0 ;:() Olli "t:: Z'Q) coO ::I 0 00::: (), Q)...J e ~ C E o ell ::::E, Q) ro Cl ... Q) OJ ell C ell ::::E C o ts 2 - 1Il C 8 ~ C ::I 8 Q) e C o ::::E 2 ell Cl III WW III C)..J i <~w - ZQ!I- ~~~ Wu.. 0::::::- ~ 0 III i W:J: ~!!2G' :J: :5~ I <O~ all- ': ail 0 0...... Z<X:o ZOO Oz- -olll:: ~_w o~ll.. ::io ll..- 1l....J <l:ll.. ~ u ~. . !2. ow zl- <~ii:" ..Jfilo+ C)~I-I-w OWo+ I-~Wo :!EO::- og Olll >- W ~..JoO:: S~WO u.O::WO::O l!!f3g~ <0::1Il1- :!Ell. 0 ~ 0 0 Q! w W Il. 0 1Il W l- s: W I- ..J Il. >. _:!E 0 C. Olll 0. ~::lZ ell 0::00 >. ~S;i=W ell W< E C 0::0 + CI) Il.::ie E :!Ell. Oil. ..$ 0::< ...- II. ~Q) -c 0,_ , "U -;: ~ti$! 0 ..r::.~Q) W ..JW o ell OJ ::l::l :mQ)eIl 0 O..J ell c.!: W< :r:> 1IlQ).$ 0 '-.= ~ 1Il 1:6.9.,92 a5 CIl:g"U.o Q) ~ O.$,~ ..r::. ca~~~ 1Il ~ - 0: Cl.Q)Q)Q) 0 0 ~ () L;. ... "U 3: ~ af~eIl~ C II. Q) 0 W Sc~3: Q) Z W ..r::. al B.~g~ - 0 :c - i= en r;::lIlE!:!1 ell Il. t:'l...eIl'E "U Q! z Q)~;i8 Q) 0 "U 1Il 0 o!:!1o "U W - 'tl_~C ell 0 ~ c c 0 ~ ca811l- Q) :) c c c "E Z o OJ,g E 0 .- C ::I - 1ii '2 ~ 8 Q) :!E. ~ <I: wO y.- ::I OJ !::Z Z =.$.0 C 0 Q.CSQ) ell ~8E~ ..r::. u () "Il Key West International Airport Monroe County~ Florida TECHNICAL SPECIFICATIONS Termi.nal Rehabilitation (Custom Building - Replace Ale and Handrails) URS Corporation Southern July 2004 ~ \. TABLE OF CONTENTS TECHNICAL SPECIFICATIONS TERMINAL REHABILITAION (CUSTOM BmLDING - REPLACE AlC AND HANDRAILS) SECTION STANDARD TITLE DOCUMENT PAGES P-101 FDOT Mobilization P-101-1 05720 Aluminum handrails and railings 05720-1 thru 05720-7 (sketchs) 8-001 Ale (units information and pictures) 8-001-1 thru 8-001-5 8-002 Decorative pedestrian traffic- 8-002-1 thru 8-002-6 bearing waterproofing 09900 Painting (see pictures) 09900-1 thru 09900-27 TC-l I. IITEM P-101 MOBILIZATION 1 DESCRIPTION I 'Ihe m .w rk specified in this item' shall consist of the preparatory ork and operations i I -In lailizin` for beginning work on the Project, including, but not limited to, those operations necessary for : movement of personnel, equipment, supplies and incidentals to the Project Site, and for the �blishment. of temporary offices, building facilities, utilities, safety equipment and first aid supplies, it<_try and other facilities, as required by these Specifications; and State and Ioeal,Iavk�s and regulations. costs of bonds and any required insurance.and othe prceonsti-uction expense nceessary for the start c work, excluding the cost ofconstructi all also be included iti this Section. 1 r zi lent of Mobilization for pa lei a : t11e Vv rk" tii e"this Section completed itt rceorGance v : to Plans and these Spcciticatt.,;. P . BASIS OF PAYMENT ift3., went for the'-w `nrcasured as described shall be made at the contract lump suns price for IIvlohtlrzation which price anti payment shall be full compensation for mobilizing for beginning work on the prolcet, furnishing all materials, equipment, labor, processes, tools and incidental costs required to applctet der ticlion for the ilcrn of Mobilization. �Q 1 /align -pu>.•lump sum 6 , „. ,_ •_,. mirni, Ili Y'1\f1 TS ParttaI<Pay'ments on the contract lump sum price for Mobilization Will--be made in accordance with the lollowing schedule during. the progress of construction on this I project' % of Original Allowable% I Contract Amount of the,Lump Sur ce; oIQiilizatiun 25 , ic 50° 75% 100°zo lb PartW paymeos , I be Ii i.led to ten p lit(10%) oft i qr gi lal Contract amount for thatojcct Ali rcrwiining amount nt will �aicl upon completion of all work on the Project. il Il 'CiIClIiage `tierein specified will be applied to these allowances. Partial payments triode on tins item shall in no way act to preclude or limit any oldie provisions for partial payments otherwise provided for by the Contract 111 END OF ITEM P-101 i Key West International Airport P-101-1 July 2004 Terminal Rehabilitation I (Custom Building-Replace A/C and Handrails) SECTION 05720 ALUMINUM HANDRAILS AND RAll..INGS 1. GENERAL 1.1 Related Documents A. Architectural Drawings 1.2 Summary A. This section includes furnishing and installing all Aluminum Handrails and Guardrails as indicated on drawings and includes Miscellaneous Aluminum Handrails. 1.3 System performance requirements A. General: In engineering handrail and railing systems to withstand structural loads indicated detennine allowable design working stresses of railing materials based on the following: 1. For Aluminum: The Aluminum Association's specification for Aluminum Structures. B. Structural Performance of Handrails and Railing Systems: Engineer, fabricate, and install handrails and railing systems to withstand the following structural loads without exceeding the allowable design working stress of the materials for handrails, railing systems, anchors, and connections. Apply each load to produce the maximum stress in each of the respective components comprising handrails and railing systems. I. Top Rail of Guardrail Systems: Capable of withstanding the following loads as applied as indicated: a. Concentrated load of 200 lb applied at any point and in any direction. b. Uniform load of 50 Ib per linear ft applied horizontally and concurrently with uniform load of 100 Ib per linear ft applied vertically downward. c. Concentrated load need not be assumed to act concurrently with uniform loads. 2. Handrails Not Serving as Top Rails: Capable of withstanding the following loads applied as indicated: a. Concentrated load of 200 lb applied at any point and in any direction. b. Uniform load of 50 Ib per linear ft applied in any direction. c. Concentrated and uniform loads need not be assumed to act concurrently. Key West International Airport Section 05720-1 July 2004 Terminal Rehabilitation (Custom Building _ Replace AlC and Handrails) 3. Infill Area of Guardrail Systems: Capable of withstanding a horizontal concentrated load of 200 Ib applied to one sq ft at any point in the system. a. Above load need not be assumed to act concurrently with loads on top rails of railing systems ,in determining stress on guard. C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. D. Thermal Movements: Allow for thermal movement resulting from the following maximum change (range) in ambient temperature in the design, fabrication, and installation of handrails and railings to prevent bucking, opening up of joints, overstressing of components, connections and other detrimental effects. Base design calculation on actual surface temperatures of materials due to both solar heat gain and nighttime sky heat loss. 1. Temperature Change (Range): 100 deg F ambient; 150 deg F material surfaces. 1.4 Submittals A. Product Data for each type of product specified. B. Shop drawings showing Welding, Fabrication and Installation of handrails including all plans, typical elevations, sections, details of components, and attachment to other units of work. 1. Where installed products are indicated to comply with certain design loadings, include structural computations, material properties and other information needed for structural analysis review by the design architect and/or engineer of records. 2. Submit four (4) prints of all shop drawing product data. Also submit calculations if specifically requested by architect. C. Samples for initial selection pwposes in the form of manufacturers color chart showing full range of colors available from factories standards: Or for custom color request minimum 2" x 2" color ship from customer for color matching purposes. Then submit at least 2 chips of color match for approval by architect or owner. D. Submit at least 2 - 6" long samples of the top rail when its shape is other than standard rounds, squares or rectangles and when specifically requested by architect. 1.5 Quality assurance A. Single Source Responsibility: Obtain handrails and railing systems from a single fabricator/manufacturer. B. Engineering Responsibility: Engineer handrailing and railing systems by the fabricator/manufacturer unless sizes and configurations are specifically called out on architect! engineer drawings. Key West International Airport Section 05720-2 July 2004 Terminal Rehabilitation (Custom Building - Replace NC and Handrails) 1.6 Storage A. Store handrails and railing systems in clean, dry location, away from uncured concrete and masonry, protected against damage. 1.7 Project conditions A. Field Measurements: Where handrails and railings are indicated to fit to other construction, check actual dimensions of other construction by accurate field measurements before fabrication, show recorded measurements on final shop drawings. Coordinate fabrication schedule with construction progress to avoid delay of work. 1. Where field measurements cannot be made without delaying the work, obtain guaranteed dimensions in writing and proceed with fabrication of products without field measurements if specifically requested to do so by architect. 2. PRODUCTS 2.1 Manufacturers/fabricators A. Alumatec Industries, Inc. 529 Orange Avenue Daytona Beach, FL 32114 Phone: 386-255-1566 Fax: 386-255-1558 B. Other 2.2 Metals A. Aluminum: Alloy and temper recommended by aluminum producer and finisher for type of use and fInish indicated, with not less than the strength and durability properties of the alloy and temper designated below for each aluminum form required: 1. Structural extrusions such as posts shall be 6061- T6 or 6005- T5 Alloyffemper, or approved equal 2. All other extrusions such as Top rail #81, Pickets #54, Midrail #42-1 ", Bottom Rail #46 and Post #37A shall be at least 6063-T5, or approved equal 3. Castings: To be high quality prime material or materials remelted from prime extrusion 2.3 Grout and anchoring cement A. Nonshrink, Nonmetallic Grout: Premixed, factory packaged, nonstaining, noncorrosive, nongaseous grout complying with CE CRD-C 621. Provide grout specifically recommended by manufacturer for interior and exterior applications of type specified in this Section. B, Erosion-Resistant Anchoring Cement: Factory-prepackaged, nonshrink, nonstaining, high strength cement formulation for mixing with water at project site to create pourable anchoring, patching and grouting compound. Provide formulation that is resistant to erosion from water Key West International Airport Section 05720-3 July 2004 Terminal Rehabilitation (Custom Building _ Replace Ale and Handrails) exposure or provide a sealer or waterproof coating recommended for exterior use by manufacturer to be applied by the installer or other qualified contractor or subcontractor. 2.4 Welding materials, fasteners, and anchors A. Welding Electrodes and Filler/Metal: Provide type and alloy of filler metal and electrodes as recommended by producer of metal to be welded and as required for color match, strength, and compatibility in fabricated items. B. Fasteners for Anchoring Railings to Other Construction: Provide stainless steel fasteners of the type, grade, and class required to produce connections that are suitable for anchoring railing to other types of construction indicated and capable of withstanding design loadings. C. Fasteners for Interconnecting Railing Components: Use stainless steel fasteners. Do not use metals that are corrosive or incompatible with materials joined. 2.5 Fabrication A. General: Fabricate handrails and railing systems to comply with requirements indicated for design, dimensions, details, finish, and member sizes, including wall thickness of hollow members, post spacings, and anchorage, but not less than those required to support structural loads. B. Pre-assemble railing systems in shop to greatest extent possible to minimi7:e field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for field assembly and coordinated installation. Use connections that maintain structural value of joined pieces. C. Assembly shall be in a neat workmanlike manner using M.I.G. or T.I.G. Welding Processes as required. Horizontal Channels shall be punched to receive pickets and welds in this application shall be concealed from view. 1. Channels to receive a snap cover only when specifically required and noted on drawings, 2. All Posts shall be structurally welded to Top Rail and Mid and Lower Horizontal Members to assure fixed fastening for the life of the rail. 3. Corners shall be hairline fitted by mitre and further welded as required to obtain maximum assurance of strength through the railing's useful life. 4. All splices shall be accomplished by butting one Top Rail to the next with a structural sleeve insert extending from one Top Rail to the next and further secured by means of a Stainless Steel, Aluminum or other proper screw and pop- rivet. Note: Butt splices to be either hairline fitted or properly gapped to provide for proper expansion and contraction movement. For expansion joints be sure that only one side of the sleeve insert is fastened to the top rail. 5. End connections required to fasten to the building structure require either a welded end clip or a separate slide clip. Key West International Airport Section 05720-4 July 2004 Terminal Rehabilitation (Custom Building - Replace NC and Handrails) 6. Provide weep holes when necessary to drain closed sections from pretreatment immersion and sprays also for moisture from condensation to escape. 2.6 Aluminum finishes A All aluminum railings to receive a baked-on painted finish over full pretreatment. B. Pretreatment Process: A multi-stage pretreatment process is required prior to shop painting. 1. The railing shall be dipped or sprayed in a concentrated alkaline cleaner then rinsed in clear water. lbis process provides cleaning, degreasing and deep etching on the surface. 2. The product shall then be dipped or sprayed in a concentrated acidic treatment to deoxidize, desmut and neutralize the surface then rinsed in clear water. 3. The product shall then be dipped or sprayed in an acidic conversion coating to act as a bonding coating for paint adhesion. 4. The product must be completely dried before painting. C. Painting 1. E.S.P. applied thermosetting KYNAR 500 Fluoropolymer Resin Coating 70% with inhibitive flash primer over conversion coating. Paint shall be baked to at least 450oF. Paint to be similar to PPG DURANAR. Meets or exceeds AAM.A 603.85 specification. 3. EXECUTION 3.1 Preparation A Coordinate setting drawings, diagrams, templates, instructions, and directions for installation of anchorages, such as sleeves, concrete inserts, anchor bolts, and miscellaneous items having integral anchors, that are to be embedded in concrete as masonry construction, Coordinate delivery of such items to project site. 3.2 Installation - general A Fit exposed connections accurately together to form tight, hairline joints, except as required for expansion. B. Cutting, Fitting and Placement: Perform cutting, drilling and fitting required for installation of handrails and railings. Set handrails and railings accurately in location, alignment, and elevation, measured from established lines and levels and free from rack. 1, Set posts plumb within a tolerance of 1/16" to 12". 2. Align rails so that variations from level from horizontal members and from parallel with rake steps and ramps for sloping members do not exceed 1/32" in 12". Key West International Airport Section 05720-5 July 2004 Terminal Rehabilitation (Custom Building _ Replace AlC and Handrails) C. Corrosion Protection: Coat concealed surfaces of aluminum that will come into contact with grout, concrete, masonry, wood, or dissimilar metals with a heavy coat of paint or epoxy. D. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for securing handrails and railings to in-place construction. 3.3 Anchoring posts A. Anchor post in concrete by means of preset sleeves into concrete. After posts have been inserted into sleeves, fill space between post and sleeve solid with the following anchoring material, mixed and placed to comply with anchoring material manufacturer's directions. B. Anchor posts in concrete by core drilling holes not less than 3" deep and 1" greater than outside diameter of post. Clean holes of all loose material, insert posts, and fill space between post and concrete with the following anchoring material, mixed and placed to comply with anchoring material manufacturer's directions. 1. Nonshrink, nonmetallic grout. 2. Nonshrink, nonmetallic grout or anchoring cement. C. Leave anchoring material down approximately Yz" to allow for final topping with a watetproof material matching the surrounding areas. Whenever possible fill hole with watetproof topping slightly higher than the adjacent surfaces and taper away from the post. 3.4 Cleaning, protection and touch-up painting A. On delivery all railing will have protective cover over cap only. Immediately upon completion of installation of railing install shall remove cap cover and clean all work for inspection and approval. B. After installation the General Contractor shall be responsible for protecting the railings during the balance of construction. C. Painted aluminwn surfaces shall be cleaned with plain water containing a mild soap or detergent. No abrasive agents or harsh chemicals are to be used. Note: All railings require periodic maintenance. All railing surfaces require periodic washing especially those subject to ocean salt air or harmful chemical environments. Waxing after washing is recommended. METHOD OF MEASUREMENT 4.1 Aluminum handrails will be measured for payment by linear foot. BASIS OF PAYMENT 5.1 Payment for aluminum handrails and for handrail removal will be made at the contract unit price per linear foot. The price shall be full compensation for furnishing all materials, and for all preparation, erection, and installation of these materials, and for all labor equipment, tools, and incidentals necessary to complete the item. Key West International Airport Section 05720-6 July 2004 Terminal Rehabilitation (Custom Building- Replace Ale and Handrails) Payment will be made under: Item 05720-5.1.1 Item 05720-5.1.2 Item 05720-5.1.3 Item 05720-5.1.4 Removal of existing handrail (one pipe in walls) ....................................................... per linear foot Removal of existing handrail (in floor)....................... per linear foot Furnish and install aluminum handrail (one pipe in walls), complete in place......................... per linear foot Furnish and install aluminum handrail (in floor) complete in place ......................................... per linear foot END OF SECTION 05720 Key West International Airport Section 05720-7 July 2004 Terminal Rehabilitation (Custom Building _ Replace Ale and Handrails) r I I I I I I I I I I J I .1 I I I I J ~ 1O I N : ..-- ..-- I -.J ~ <( ..-- a:::: ..-- 0 " a:::: <( a :J ..-- C) ..-- f- 2 <( :J -.J (f) <( 0 I <( w a:::: f- I") ..- '-- ......,':'11. .', ... L"g-.\:l.6-.L~"B/g g~ 1'7 S~3SI~ V ~ ~ II I I I I I I L -.l ZO O~ - " 1-: U~ W..-- V)w -.J ~t3 _ (f) < l- V) J: I- :) o V) co I I I I I ~ N I I N J I 0 ..- I N I ..- II : ..- I ~ (/) 0 I <{ w Ct: f- ~ t ..- I I I I. 0.. :2 <{ I Ct: I I z o Ct: 0.. <{ -'- l? . . Z f- (/) l-:- ~l-"l I-G X ..r17 ,,~~ w "C-- ~ ~O __ .....J <{ .....J Ct: <{ 0 Ct: Ct: 0 <{ z ::> <{ ~ (.9 :r: :2 :2 ::> ::> .....J <{ <{ I I ,~II J t , , ..- t ll:9/~ ( 3dOlS SSOClJ ~ ~~ - - ..- t t N ..- , . ..- W 0.. 0 .....J (/) ,1/ .....J <{ Ct: o Ct: <{ ::> (.9 .....J Zo <~ ....J " o..~ '"'-. ~..- -w <~ .....~ V') J: ..... ~ o z U :2 ::> .....J <{ ~ I I I I I I I I I I I I I I I I I I \.. t [9-'~ . ~ <D I N ," . .... ~ . :..:' ": ..... . :: 0 ..- ---l I <{ - 0:::: N 0 ..- 0:::: II <{ :::> ~ 0 ..- ..- 2 I- :::> <{ ---l <{ (f) 0 <{ W 0:::: I- " ." ..#'.-:'.:. .~ .': .~ ...... . - ..- II I I I I I I L ---1 Zo O~ - II 1-:: U~ W"- V)~ <{ ~U !::!:::(f) <: l- V) :c I- ~ o z o L"9-,~L ,,6-,9 ~ "L ~ IV SCj3SItJ g L l,,~J I I I I I t ~ t "<j- t - I t 1--, L - I I C) z u <( (L (f) I I x <( 2 I u o I ~ o ~ Lf) I I I ,,9 ,~ '-- ~... ,. . ,. .. . . .. .:. 'Q"" :.... Jxv~ "G . ' .....,. .... ." .... SlN ,,9-.~ W .....J <( () Z(f) o i= <: > w ...J W ...J ;;: 0=: Q 0=: <: ::::> l) u.J ,6 o N 0 -I i= w (f) W I <( 0:: l- I- 0 (f) ~ <D I- 0 (f) 0 0:: ::2 (f) w W -I 0 -I -I 0 Z [:;: Ll) Z ~ I- (f) W , :J (f) -I 0 ::2 0:: I (f) 0 w W I- 0 0:: (f) ::::E w w >- :J -I (f) (f) Z -I 0:: 0 0 ::2 0 0 Z :J 0 ::i -I W <D ~ <( 0:: 0 W 0:: W 0, 0 m I- <( ::2 a..Z 0:: :J 0 wW 0 Z I- a.. w::2 ~ ::2 (f) <( ow ::2<( 0 ~ 0 :J:J :J 0:: 0... -I We:: W ZO <( 0 N0 ~W ZW I- Z .........Z W ww Z :JO 0 0 I-Z -I <( ~~ -IW W (f)- ~ W I <(> 0 0 L2~ m 0 -I I 0 :J (f) 00 W 0 W W x wO:: 3: 0 I- m Ll) I- oa.. (f) zw 0:: N :J N O::(f} :Ja.. -I(f} w <(I ......... N I- ~ w<( 0::<( -Iw ::2 I- ~ <D tJLL <(0 w>- 0 1-0:: ..0 0 Ll) x ::2~ ~o I- ~m ~ N <(z zO::: (f) 3:0 x x ~ ~ o~ ..w oa.. :J ~0 0 Ow ......... I ...J-I 0::> ex:> 0 x n "(f) ::!;m o~ <(0 Y> N, 0:::5 I ......... a ::::-z -0 (f) I 0:: ~ x w_ 0::-1 Ll) YJ !;;:~ mw -I a.. ......... 0 z -I a.. (f) N n N N nz ::2<( L23: [:;: <(<( W I- @ 6) 0 @) 0 8 @ e @ @ z . .. q. q.,. . ...... .",', .. . '. . , <q.... :'" . '. '. -. . ... ,. Z o i= u w en -I ;;: ~ C ~ <: ::::> l) LL. ITEM SOOI - AlC UNITS I-Description The work included under this section consists of furnishing and installing the air conditioner units, including all related accessories according with these specifications. 2-Speclfic Requirements 1. Provide NC unit system complete and ready for operation. 2. The manufacturer for the proper performance before shipment shall test all items of equipment and a representative of the manufacturer shall supervise any required detail of installation, 3, Accessories and services shall be the product of a single manufacturer. 4, Installation shall be by qualified mechanics regularly employed in installing and servicing NC units. Installation procedure shall be in accordance with the standard recommendation of the manufacturer. S, The NC units shall be as manufactured by Carrier ModelSOTFF or SOTJ or approved equal. 3-Removal of Existine AlC Units The Contractor shall remove the existing unit, including any portion of the base, and accessories, and shall be disposed off airport property as directed by the Engineer. All holes remaining after removal of existing units and installation of the new unit shall be filled with appropriated material. 4- Testine To assure that the equipment has been designed and built to the highest reliability and quality standards, the contractor shall be responsible for standards site test. 5- Warranty The NC unit shall be guaranteed against defective material and workmanship in accordance with the manufacturer's published warranty, minimum for one-year parts, five years compressor, and five years heat exchanger. 6-Features Easily convertible airflow, capability (down supply/return standard) Internally-sloped, composite condensate pan Exclusive tool-less filter access door Roll-formed base-rail design with forklift slots and rigging holes Two curbs for entire line Sizes 004-006 operating weights under SOO lbs Key West International Airport 8-001-1 July 2004 Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) Through-the-bottom utility capability 2" disposable filters Low pressure, high pressure and freeze protection All condenser coils are set on rubber isolators to prevent contact with unit base pan eliminating galvanic corrOSIOn Refrigerant filter drier Permanently lubricated fan motors Compressor vibration isolation mounting All units are run tested at the factory Low voltage terminal blocks for easy thermostat wiring connections Dual compressors and dual refrigeration circuits on sizes 008-014 Factory-Installed Options Alternate Motor and Adjustable Belt Drive Fans Manual Outside Air Damper EconoMi$er+ with CO2 control capability Apollo Communicating Control High Static Indoor Fan Motor (Belt Drive) Corrosion-Resistant Coils (including E-Coat) lIS-Volt Convenience Outlet Non-Fused Disconnect Switch PremierLinkTM DDC Controls Novar 2024/3051 Controls Field-Installed Accessories EconoMi$er2 with CO2 control capability EconoMi$er2 Enthalpy Controls EconoMi$er2 w/4-20mA actuator (PremierLink/3rd party control) Two-Position Outdoor Air Dampers Manual Outdoor Air Dampers Fan/Filter Status Sensor - EconoMi$er2 Power Exhaust System Horizontal power exhaust module Low Ambient Controls Time Guard@ II Compressor Delay Roof Curbs Key West International Airport 8-001-2 July 2004 Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) Through-The-Bottom Electrical and/or Gas Connections Liquid Propane Kit 62AQ Energy$Recycler Energy Recovery Unit Flue Hood Protector Assembly Flue Discharge Deflector Condenser Coil Grille Condenser Hail Guard Thermostats Thermidistat™ CO2 Sensors (EconoMi$er2 or PremierLink required) Space temp sensors T55,T56 (PremierLink) Electric Heaters and Single Point Kits 7-Method of Measurement The quantity of unit to be paid for under this item shall be the number of each type installed as completed units in place, ready for operation, including related accessories, and accepted by the Engineer. 8- Basis Of Payment Payment will be made at the contract unit price for each complete NC unit that is installed in place and accepted by the Engineer. This price shall be full compensation for furnishing all materials, all preparation, assembly, installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this work. Payment will be made under: Item SOO 1-8,1 - Removal of existing NC units, complete in place Item S001-8,2 - Replace existing NC unit for a new NC unit (3 ton) Item S001-8.3 - Replace existing NC unit for a new NC unit (4 ton) Item S001-8.4 - Replace existing NC unit for a new NC unit (5 ton) Item S001-8.5 - Replace existing NC unit for a new NC unit (6 ton) Item S001-8.6 - Replace existing NC unit for a new NC unit (7.5 ton) - per each - per each - per each - per each - per each - per each MATERIAL REQUIREMENT (See Manufacturer's Specifications) END OF ITEM SOOI Key West International Airport 8-001-3 July 2004 Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) Ale UNITS INFORMATION AND PICTURES RTU-7 THRURTU-18 I 1 \ \ \ \ \ \ \ \ \ \ V CO cD CO CO CD rn co (D cD CO CO 1 , R; c7 Co cocr) co ti co co CO co co7 r; A Ia•_ A A I m M _ - 0 _ _ \ \ \ c CD O ti ti .- ti O .- r- O co co CO CO - CO Lf) d' - d' a • 1 Q I � 0 W t a _ e- 1- N- 3- d' 00 O O) A- A- s '1. 'Crd' CO 'V' In CO 'Cr CO 'Cr .7At' I 4a ,...,J...„.'`4 ,.....3.ANI .....,..:s',A T ,....,...A..,..,,1' ;,_,.C.,.•A I ',..•.,..:...! `..,...,,.A.s: ;...,)4..! '....4.) A'a8i . I .:!..:t81 N- N- ti t` A— N-- C) A--- O CD ` CO CO CO CO N- (. N- I.-- N- N- ti N- r 1., i �' I \, =r,• M M A- N •e— r— CO N— N CO O O •r- r- 1� f` 1` ti CO t` CO CO 1-- 1` 1` 1` I I 'd' ;-- O Co O - (� c'') O r- C)O 1- x- .-- 1- Lf) v- A- 00 t� A-- ab� �I�, 1. 7" r k Q (D �' in (0 d' CO In' In Lf) LO LO to k $ t s R e i1`'f i aa , 'Vw +. 'v Vf p l:t. r- r r' 1 1 1 1 1 1 o.... Lf? O O O N- A-- 1- I-- r- N- c- I- r. I • 1 1 Lf) U) LC) Lf) LC) if) Lf) LC) Lf) 1 1 1 1 t 1 1 1 1 1 i f;' 6 (D N Lf) 'z3 a) (O (O (O (O CD O O O O O O O O O O O O O 2I O O O O O O O O O O O O 1 1 I I I I I 1 I I 1 I J. 1 •-) -) -1 -) '7 -) -) —) I- E- E- F- E_ F- E- I- E_ E_ I- I- ; O O C) O O O O O O O O O r µ m c. LC) if) Lf) in LU LU U') Lf) Lf') LC) 10 In Via: :. V m ; 8 n. N O (0 CT) CO — CO to c7 O) A- tt C) CO CO Lf) 1— CO CO CO CO CD CO d-.t (13 '1r (O LO �• CO t.C) d" "Ct 'Cr ,' '1' ti c- r- r- 1- •-" c- C) •- ' r- r r- } on.. ° f I .— N N N N N N CO N (N N N N G) 00 O O O O O O O C� O O I (n ti t` ti t` N ti N- ti r` r` N- r` 1 •8 1 0) a) a) 0) O) (3) O) 0) 0) 0)CO ( 1 ^ D a) Lf) fl CO LC) C) C) O O O 1, C O N N O N N- CO '1r 71- d' • CDr- N CO '1- Lf) CO N CX) rir t..,'I el; r, . 1` 0) 0) ,- ,--- ,- c- ,-- e- I 1 1 I I I 1 1 1 I I I I C= H H H H H H H H H H H H ,,...,,,..„..,,,,. :, -t '}'T• f ( t E ob 1 � sy 4 •j h f g < w1 A �+ i yi ,, t ;14 r at r i ;;. , .6 4 �$ • I i to , • ir .e a 11y • [ SFr t % i Ir t' f ir4 1 --ii.1,n,... •, ' • . , •'-.•ci,-41. r e i . .. . ... '. t., '': , i LiNa ^ Eau v t , ` 441i I 7r H . .K� . � ;.:.ar.' '1; �` aY _2 its h 'rS`. r .� ` k a N i 4 2 1 nY 2'}'G SI.1'Z K t , I rr t:� ).: SX .mow,.�"R . ti I � d 'kV,, 1: - 4 _• . • f ;{ `, i • ° � v. 4 4 ,.• t a l �. i t s � b • 1 3 i 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 Opt 1 I I I (.1f , W p* t ! t .tTA tie ? II . ' ) f:!;ki • • 011irl '''' ; '' ' t*. I •, _ i; !, I 1 .'A Fri ! `f • ' W M ii. Li II IPr, •.i} eve . :.'• _ xyu t SS •„• '"., 6,t,,3,..,...,.4",-::S4. t I p . ka s a:,{r • • t a1�! { M f i 4g4). 1 I1 ' �� • • . -i i • i o t�;, -,:::.O., fi' i t; �J _ i . . t ,, ,„ ,o., ill I S14 w 1 r �. I v' ill .: ! . : 1 . .f.t.lit L _. N. '.; y , _� -0"^4 r:i ci- -l'X'; . '. • . i i p '. ;,31:,; III( y, t _ I s• III i r `, • 1�— + 1 ��,g4..'S.'S�aal t/r: • ` t. i• t 3 t$ i t ,-N.ta iaY 8 111 _ , t:b l' - t I w i f �. Y � :..:,.:4.-",:...A.: r yyy, 9. ' 4y }� I � L ..�1� r fir +Q I i ?.@bppi p f gSYT • 4.eT� a t is t t � 4. j arF� V a I j i E i :i F s . �t L -..i 4.4. 'E,•._. 5 '4 i av 1 , I ou= Y p`mc $ u 13111-° u cc=3 per.. , E., Ye Eng 14tr % v < n 44' C 3 ta'Y ,11 .H: �n 4- M1iP �FQi .g-t..fb -,,p�kip M£ f"'r..^{ pl*:114:cli -,- i''..',:s='," !a""3:4'4'.:;-'2F;'1'4 ir,..,,,,,,t1,:for,i-x,. ' kt d CCCy666yy177jjjSSS��ggq^em Y 3�l R a" ��o 7t i " " -+..: ap1 i. a. X W e t F M g Y w +K. t - Y7.s.. .„,-;..,....4., ❑1. ff! 3: qy��.i Y c'," k ElF g' 5 g't g 2 Y IL V' ,i 4 v t.4 gt y .ra.. 2 a ti = x, Y' `yv4 i 'tee „ id Odi:46t v. is No FT, °ova►. A " • X a WM '''. 'At) ,:: • , I, : 1 w,, tk a. ..' (ti ' - /' . , _ / .' . - ' ril . ' ;) •,'"..;,,i:-:. y A _ilir YII Il Q7" — • ' ` p ., rit•Uri . ,+\ 4. � 'At'�.. ti't • L1 I +I �'t fF.• ' • 1. • t e: r �' �; + t t • • y i • II. 1. • 0 iii . . - I, ,..:,-, i . • • 1 ii I ..........., 0 I I I I I fs f 9 i :ATgFF E. 31 • O I I I F6,� e _ i � 1Pill'i";'.,::',,f rki:' . _ P.ott.11#1 1 111.,;(,..,, C i .! , , a P I.11 I I 1 a al r ,t4 0 2 { .t .J. `y.r.I,. e • p D f Y 7! C1 IFr fn � 1� i v,: 1 .sa ?� �h�°� i � � �J i ? thy. -� 0.y f •x it R 'fir 4, + i I ,�y. t ram { 4 1 1 r 10 ' r sII i. r{ ' `4rt • fib 1 al • h#, v _ - ark 44. 0r} i :L tt 3• �f ^'� -_�i trl i �I Ii `1 two• R ✓.• 11y - 3li ... I1 tv .,„ .., : i 4 , s: ,,t,k,':, \'A .74to,: 1 r a T E , t_,.... . , .. , I � $ i I e • i l I i F1', c I 1 I 1 • .-..'''.. .....:::...,-.....--.•-..-.... ..". •:.. . , ..-- , ' I LT 1 I F'' "k tp fIP i t T 1 r,'� r b ' ' 6R. i S, +�� ,IrBCSf3L� r Cr t i F ii .l .J �.�. jl1 1 - ri 1 r' p I Ce • a .1111 �c 3 6-f.t �` 1' °ill 1 ,,, . . ,,,,,,,,,, ., ,:iy. ,.- xi u.t _ ... n „„,„... I.: '4. { er1 /4nrfi'. f FtE x :z • � i w� p �Q.7�� j' Yr • I 4 5 FF 3 `l r ,fir r: ..x3'•Q' '.1 L f: 1, .. 44 • 6Ig,, _ tL ' t 1'/ i• - :? t'� a ✓`a� ', c-= Al t a ,,, ‘: - -r-,•,-,::,.e...t. ..' ri,"-:.-. . --I Y ,,..,.: , •�Y ? s z + • 3 — is 0 . t 4 >+'2G. j 1 ri..1 lat I t . . l�,C S 9 I ire a y t, .01F. yt .--.- I- . 'fi .. 1 1 - iF p _ _ I 1! E ,: I ', l i d I : j �c I • r: `•... t r I 1' +{• i r- . . I r r r r I I r I I it7. : A . t t r ' • III 1Id! IL . 1 .._ ''l i , - e I t t pra— ?"--".,+ate,,N. _ i wld' f 3�& `ram'• `4 i. 1 �k ,;f�-� _ 0 I I ,Ah(i A>j l c I is • 1 r .: j t� • i fitt�. I 1 la1 4 I t • i ` 1 • If I I F 110 u 1 N N f 7 N N n .- 11/ r. f f 1 • is I • 11 M 1-1 ed <,_.;� l0r �,t�r'. s ur er.{r 0 4 y .- a it ry eft a -', s -S}�X' `�s - ,` I I 91 �� y j ,9y w 3� 3 K. H3f reJ P-41 y�J9�4,' Yf s1 yr 4'+i 4 t{Y t z I , - 1 1 TRH . ?›.: Y ra,i..•11! z V 1111 ;n . , i li I r+ j., 1 1 IPIIIIIIIIIIIIIIIP., f I I fr.' r, . . i . . i i:1 4: 1 f r 1 ,. j...g:It.: :. • '4 ...;1::: . 1.:. i • I: M.i tI f i I�fCaAa __^- i. I ' 1 � 11,21U 11 f:. ,.. • • • .. '•.. ., a f _' iL .. /'', • I f V , :� Tr �, \ t K ';',1.751'- 1 S { . I I I • :g;E __ i i i hii I *iEti Ii �aaa� 1 T m ce I : \•-,/r11.•-•,.•,.."-?•'.. i•ktotill!IMpqR•'-.-3:.:-..:.,:r. -: : -..,',-- { • , :.r 3YV. 7�1 rn ��a6 tz a it �Y ' c "`qr dC41• I t I4-,. d' 6a c:.„:, I I I I I of L 1 it \ _ Y is)(t c ii..•• I ra 1 E 1 rt it ��, , I ,.,,,,,,,_.,;• \ I to ! Erri-I ., ,. r [i. 1. ' / • • a 11-:' r I li ' Ili 1 ; I t. I I I I tt A" s..I i ? S 1 "Eos_o esc?mEE _IBBh! ivgag; —65, oc`a6` 1 .-- 1 I , • ..,#.1,...) ...„ 1/1 p M I I Z'd Ittk'�`��fJ._ L 1 W �Il C ff Yr. y ittrig r, 3h ~ gyabS iy ir k Bh3 V 1 4 / lm f�� 4�2i ,j Y : ` sa ae rtr :1 rue riik,0,,' .,c,...,1,,,I . ,,...,,.: v-,..t.. r,"r..r i.4:,,,7"8,-..-„,„,_,,,,„ I I I I I • v i 1 ••r..'1'..i •r'....ilt.t.:1:!:.4J.! : .- dr ' 'T°:'4;4...1•'.. .(.4.4.;';.';'. i ri.1;•..!.''!. -ji.A.;1:1.4..;1;-;,r... i":'. it :'•..*::.f:.riZ; .;:.;.. '.7.... ,, ..'.1.i, I . , . ' \-,,,,,11 -.. - ..i: • 6' • ''.1 . .. " • I • I •. . " !i'!-. i .i . 4; i ik. • ,.. 1 , . I ,_. . -..... : .. ,•-=.• - _ ,,„..... 4, • • . -.•••iiF / lo, I --- --- . :...1. • i I i ., ' t li'.. 4 - 1 1111 , ..• ' . ',. i ....,i,..„-tj •i!..'•• 1 '''0 ' -. . • ., ..: . . . ,....--, I . , ... - -- .. . '-- ::_,,.,.....-- -- . -..•.it, r ," - 1•,-,L....5..'-'0- • f ‘ / ? • . . . I . . . . ,.: ii 'TS, '-,,,":<1"-- , ":, . •. ' - ss 1 • . 1...S-dile .. . :.• ."/..:•;,.. I' CO ' c 1 '-'zi . , •, '.: • . • i.•, I 1, 1 n . . • .- - , • II ,, Efa ,_ . ' ; I • .,. • : . . I k•,:-.,,, • , 4 . /•,..,.. -:. ......... P „ 5 , ' •. ; . .•-: I . . \ ii /ii .-c-ii I .i 7.- •i:.:' .,._ ''•'•' s. • ..* • .. i L I . .;.t ,6, . . ...,.1';' LI.: ',, \'T / :-C.- ' 1, . I \ • . .. 1/ Li 1 i —.—• ,as *-• -1 ' . . :'.. • _..—.----4 , . . . •, • . . '.!....12...±T. .,,..,...•,- - ,,-/:•.', -, • I - =.r'i;,,' ' i' •r 1111. '•.• , \ '4.".c.;,,,.. 1 1- I • - : 't . • „4-, 4,..,,, • 4' , ,,,- , ",-::'''''" • 1. . II •,-- .... '-,, — • 1 .: : . - i•-•, , . .1 f %)' • rt.' ' ''' 0 .,..i.,•.,:, I , , ht• ; ;1.• . 1 't ''t I 1 19 '''.1 - t ''r -••,',_ . A- '1. J -',.14, 4 L.-t.3:t ' 4 : I x ' r V I : 1 11 r tt.,_,.... 1-- : .. ' . . I I ski. . :'.,tr, ; . , I I i • = Z lift! o�€ ^' lL1j ��j rrtil I 1 r� � S Rif Sp f6 it i 1 l a I I r 1 I I f ;h , ' r� {k t r i I `vvvl(rrr I if .„ lk 1 '. '-. c' , • _ 11„,.. ...i.,,. . . , , • `mac .�..... f r ' ' .. 1. .; . .7 . 4-1 tt11 1 r- + ► i V ��, j { • i.tve....'„%:::,,... tlet ‘.:, 4-.14.1': :., -‘ - 1.:' ., ::," ,*': :„ ' Ill:. 1 I # 1 0 v y rc- EI. } 1 , .�1- �. :dF I I 1 a. i^ P- • i. i'P /PA :: It. ti -„---.':-...', \ " ' • _ fr. Iw 4 ` s_ - \it,„,., I I I I rTit-.71-':'F.•: ,: t,-,-', - II F'kf4h.W.40.:It..Y3V.-...lik''.1,V...'...ii-:•:.:i.;,,,j' ' ..., . . .. ''''':'-''::-.:1-It'll;'1,17,,,`..; ,.; ;I'r-:';i "...''.'''''..: ' - • , '',..,,,,k„fir:,..,t.;....1,...n,';;:,-_,...r,,c.,-..;-,;: ... - • . -61,11. .%1;....::'.1'...,,"...;.ii,?,-•... ; .: . _...... .,. , ,',._;s:,4,VP..K.-:',;,..,ir.14:-,,';';::-..;.',:„::,.-..:,..._.......; I ',....3t.; '• I zg. 13., i...; -i?-,-; ;-i,.-•-ic ktc..,;..;.-,-.•.p.:'. ..!..a? : ',: :::' - .4-: - -, _ _......- .. . . • ..;_ ..' q cl:.• r,,.ii,"-II'•• .`,. ,•'42 ::••( ."4::,.... ,,,,,-,7•in, I., • . . . .'• 1161-1.::;11 - .f.:...-,‘::,...., : - -itiv,. ,,,,,,4 -..,-,,..,„,,,,,,,,,_,:-__ ,,,,,,,,,„.,: ,,.... t;..... ,-,. ,... ,-, ,, ,,,,_,,,,,,,,.. .. ,..,,, A: I,',„..v.,ailti-sec-41- -" iii ' ..ca i c 1-d-7 ..E. c 0 . . li 111111 r... 0 k., s 0 . •:,--1,gfirl r. —ilit!lisili I—. I 111 I . P 44r -,. - - (•/:, , .„., .... . •., . .. ,•. . . . • . ,,, I i.,,.4..; . ,,, ,.. • . ..., „ ., ..„. .. . ., , ,,...,, -....,.. i i$ .....,, -. ..t.....,...„ . , ..6. ..., ..44,k,.......-toii.,.?...?...... ..,,.._,0.— . r' , • :4 1 1 . . . . 1 -. , I, 111 I ' 1 iib , ,..-... ... ... • -• . .,. . . . . : ,..-. .4i !'. .. ..... I I ;'•--.-,i„ 1 '':-. , •t, ,. .i..,r ./t . (E1 •,•• :,...1. t . • • ,C....1 1 6f- 1 a ... • ..,-;, . • •' ' .' • it A, ,. i... i; : :.....4,,,,;;:p. ,,,,,., t. ,• • .4,. ' 4.7 •-• „"..•;.,-'1.,..Li, . •-i: •"--"..rae, -1.;,, i „.?ii;:.?;'.•,.„ • .„,... ,•..1 . k.;..;•.,;,:a,.• ` '-;:,'",•••;.41,,..t.". i •; : ,V. ili'?'.;-',i•fli: ' r.4;!:'V.': •'., 'i;,., • • , I I i:..i•-,*,•:',1 it•14.;.i,,- 1 I I - - it. I. I f- t I v ,r ,,,,1' i •i' 2:.,'1" I ''- '1‘.,'":t -Y. .= 1 � I COTA \ 1111 } ! Yt is tr�' _ ___________.:. N r 1 � I y • {,ir � a I , 1 L r 1 1 1 ILIMAINgeillgil 1 I I 1 I ai i 1 ?af s3 !;!- SEs 45 I I I r•I h vm, _- I K I I 9 I I I I I I • . I • I . f t If! y• t rt. i ` 3- r, s7a; •� �. a �Y, ! •� CTS ; t,, - [ .,.,...„,.,,,,, 1 i. W I2.K� 1 , "y 1 � N Cr I �, hi arr I . //ri:.,I14.,....i....::.,,,,..:..14:::,.. . .. . 44.4 in / rI •Y� LILII I' - ' r ..1• #v Y''',....'i:'1'....4::..:-:':j: I. i j t' I ITEM 8-002 DECORATfVEPEDE8T~ ~nC~E~GWATE~ROOmNG PART 1 - GENERAL 1.01 SUMMARY A. Provide labor, materials, equipment and supervision necessary to install a fluid-applied, decorative, pedestrian deck coating system as outlined in this specification to new or existing concrete surfaces. B. The manufacturers application instructions for each product used are considered part of this specification and should be followed at all times. 1.02 SYSTEM DESCRIPTION A. Decorative Peda-Gard, or approved equal, shall be a complete system of compatible materials to create a seamless waterproof membrane. B. Decorative Peda-Gard, or approved equal, shall be designated for application on the specific type of deck indicated on the drawings. 1.03 SUBMITTALS A. Product Data: Submit product literature and installation instructions. B. Project Reference List: Submit list ofprojects as required by this specification. C. Samples: Submit samples of specified pedestrian deck coating system. Samples shall be construed as examples of fmished color and texture of the system only.. D. Applicator Approval: Submit letter from manufacturer stating applicator is approved to install the pedestrian deck coating system. E. Warranty: Submit copy of manufacturers standard warranty to cover a period of 5 years. 1.04 QUALITY ASSURANCE A. Applicator Qualifications: Applicators shall be approved to install specified system. B. Requirements of Regulatory Agencies: Materials used in the pedestrian deck coating system shall meet Federal, State and local VOC regulations. 1.05 DELIVERY, STORAGE AND HANDLING A. Delivery: Materials shall be delivered in original sealed containers, clearly marked with supplier's name, brand name and type of material. B. Storage and Handling: Recommended material storage temperature is 750F (23.80C). Handle products to avoid damage to container. Do not store for long periods in direct sunlight. Key West International Airport 8-002-1 July 2004 Terminal Rehabilitation (Custom Building - Replace Ale and Handrails) 1.06 JOB CONDmONS A. Environmental Conditions: 1. Do not proceed with application of materials when deck temperature is less than 400F (4.40C). 2. Do not apply materials unless surface to receive coating is clean and dry, or if precipitation is imminent. B. Safety and Health Conditions: 1. During coating application, it is essential that maximum effort is made to protect the coating mechanic and others near the workplace from breathing vapors and coming in contact of material with skin or eyes. 2. In confmed areas, the best form of protection against organic solvents or other potentially sensitizing vapors is a fresh air supply. 3. In unrestricted (open outdoor) areas, it is recommended to wear a suitable mask or respirator of a type approved by NIOSH/MSHA. 4. To prevent excessive skin contact with the material, it is recommended to use fabric coveralls and neoprene or other resistant gloves. To prevent eye ontact, wear a full-face mask or OSHA-approved protective goggles. C. Protection: 1. Keep products away from heat, sparks, and flames. Do not allow use of spark producing equipment during application and until vapors are gone. Post "No Smoking" signs. 2. The overspray and/or solvents from coatings can carry considerable distances and care should be taken to do the following: a. Post warning signs a minimum of 100 feet from the work area. b. Mask off or cover all air intakes near the work area to prevent odors from entering occupied areas of the building or structure. c, Set up wind breaks when needed. d, Minimize or exclude all personnel not directly involved with the coating application. e. Have C02 or other dry chemical fIre extinguishers available at the jobsite. f. Provide adequate ventilation. 3. After completion of application, do not allow traffIc on coated surfaces for a period of at least 48 hours at 750F (23.80C) and 50% R.H., or until completely cured. Key West International Airport 8-002-2 July 2004 Tenninal Rehabilitation (Custom Building - Replace Ale and Handrails) 4. Protect plants, vegetation and animals which might be affected by coating. Use drop cloths or masking as required. PART 2 - PRODUCTS 2.01 MATERIALS Pedestrian Deck Coating Material: 1. Primer: Concrete and metal primers as required by manufacturer. 2. Sheet Flashing: 6" or 12" wide non-staining elastomeric sheet flashing material having a minimum thickness of 60 mils. 3. Liquid Flashing: 70410 or 7430 series polyurethane coating, or approved equal. 4. Aggregate: Ultra violet (UV) stable, color-coated, inorganic quartz aggregate, or approved equal. Contact manufacturer for available colors. 5. Elastomeric Base Coat: 70410 polyurethane coating, gray in color, or approved equal. 6. Elastomeric Mid Coat: 7400 series polyurethane coating, gray or tan in color, or approved equal. 7. Topcoat: Acrylithane HS-2, clear in color, or approved equal. 8. Sealant: 70991 or other polyurethane sealant approved by manufacturer. 2.02 MATERIAL PERFORMANCE CRITERIA The minimum performance requirements for the elastomeric deck coatings to be used on this project are: PERFORMANCE REQUIREMENTS OF CURED FILM PHYSICAL PROPERTIES TEST METHOD BASE COAT MID COAT Tensile Strength ASTM 0412 1,200 psi 2,500 psi Elongation ASTM 0412 400% 400% Permanent Set ASTM 0412 <10% <30% Tear Resistance ASTM 01004 1001b/in 200pli Water Resistance ASTM 0471 <3% <3% MVT, English Perm ASTM E96 2,6 @ 20 mils 1,3@30mils Taber Abrasion (cs17) ASTM 04060 30 mg/1,OOO rev 25 mg/1.000 rev Shore A ASTM 02240 70 - 75 75 - 80 Adhesion ASTM 04541 300 psi 300 psi Key West International Airport S-002-3 July 2004 Terminal Rehabilitation (Custom Building - Replace Ale and Handrails) PART 3 - EXECUTION 3.01 EXAMINATION Concrete: Verify that the work done under other sections meets the following requirements: 1. The concrete deck surface is free of ridges and sharp projections. If metal forms or decks are used, they should be ventilated to permit adequate drying of concrete on exterior exposed deck. 2. The concrete was cured for a minimum of 28 days. (Minimum of 3,000 psi compressive strength). Water-cured treatment of concrete is preferred. The use of concrete curing agents, if any, shall be of the sodium silicate base only; others require written approval by manufacturer. 3. The concrete was finished by a power or hand steel trowel followed by soft hair broom to obtain light texture or "sidewalk" finish. 4. Damaged areas of the concrete deck be restored to match adjacent areas. Use 100% solids epoxy and sand for filling and leveling. 3.02 PREPARATION A. Cleaning: Surfaces contaminated with oil or grease shall be vigorously scrubbed with a power broom and a strong non-sudsing detergent. Thoroughly wash, clean, and dry. Areas where oil or other contaminants penetrate deep into the concrete may require removal by mechanical methods. B. Shot Blasting: Required surface preparation method for remedial construction, is also the preferred method for new construction. Mechanically prepare surface by shot blasting to industry standard surface texture (ICRI's CSP3-4) without causing additional surface defects in deck surface. Shot blasting does not remove deep penetrating oils, grease, tar or asphalt stains. Proper cleaning procedures should be followed to insure proper bonding of the deck coating. Note: If shot blasting is not practical, treat concrete surfaces with 10% to 15% solution of muriatic acid to remove laitance and impurities. After acid has stopped foaming or boiling, immediately rinse thoroughly with water, Re-rinse as required to remove muriatic acid solution. Acid etching does not remove deep penetrating oils, grease, tar or asphalt stains. Proper cleaning procedures should be followed to insure proper bonding of the deck coating. C. Cracks and Cold Joints: Visible hairline cracks (up to 1116" in width) in concrete and cold joints shall be cleaned, primed as required and treated with liquid flashing a minimum distance of 2" on each side of crack to yield a total thickness of 30 dry mils. Large cracks (over 1116" in width) in concrete shall be routed and sealed with sealant. Sealant shall be applied to inside area of crack only, not applied to deck surface. Detail sealed cracks with liquid flashing a distance of 2" on each side of crack to yield a total thickness of 30 dry mils. D. Control Joints: Seal secondary control joints with sealant. Sealant shall be applied to inside area of joint only, not applied to deck surface. Detail sealed joints with liquid flashing a distance of 2" on each side of joint to yield a total thickness of 30 dry mils. Key West International Airport 8-002-4 July 2004 Terminal Rehabilitation (Custom Building - Replace NC and Handrails) E. Sheet Flashing: Install sheet flashing where indicated on the drawings prior to the application of base coat. F. Surface Condition: Surface shall be clean and dry prior to coating. 3.03 APPLICATION A. Primer: Where required, apply 1/3 gallon per 100 square feet (300 sf/gl) to all concrete surfaces in strict accordance with procedures outlined by manufacturer. Within 24 hours of application of primer, base coat must be applied. If base coat cannot be applied within 24 hours, reprime. B. Base Coat: Apply 1-2/3 gallons per 100 square feet (60 sf/gl) of elastomeric base coat to deck surfaces to yield an average 20 dry mils in strict accordance with procedures outlined by manufacturer. Extend base coat over cracks and control joints which have received treatment. C. Aggregate Coat: Apply 2/3 gallon per 100 square feet (150 sf/gl) of elastomeric mid coat to yield an average of 8 dry mils and immediately broadcast aggregate, evenly distributed, into wet coating until refusal at a rate of approximately 40-50 pounds per 100 square feet. When dry, sweep off excess aggregate. D. Seal Coat: Apply 3/4 gallon per 100 square feet (133 sf/gl) oftopcoat and allow to cure 4 to 8 hours or until tack free. E. Topcoat: Depending on surface texture desired, apply 3/4 to 1 gallon per 100 square feet (100 to 133 sf/gl) of topcoat and allow to cure 24 hours before allowing foot traffic. Total system coating thickness averages 32 dry mils exclusive of aggregate. 3.04 CLEANING Remove debris resulting from completion of coating operation from the project site. PART 4 - METHOD OF MEASUREMENT The decorative pedestrian traffic-bearing waterproofmg shall be the number of square feet of material performed in accordance with the specifications and accepted by the Engineer. Key West International Airport 8-002-5 July 2004 Terminal Rehabilitation (Custom Building - Replace AlC and Handrails) PART 5 - BASIS OF PAYMENT Payment shall be made at the contract unit price per square foot of decorative pedestrian traffic-bearing waterproofmg. This price shall be full compensation for ftnnishing all materials, preparation, delivery, application of these materials, and for labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item 8-002-5.1 - Decorative pedestrian traffic-bearing waterproofmg - per square foot END OF SECTION S-002 Key West International Airport 8-002-6 July 2004 Tenninal Rehabilitation (Custom Building - Replace Ale and Handrails) SECTION 09900 - PAINTING PART 1- GENERAL 1. 01 RELATED DOCUMENTS A. Drawings and general proVIsIons of the Contract, including General and Supplementary Conditions and this Section. 1. 02 SUMMARY A. This Section includes surface preparation and field painting of the following: 1. Exposed exterior items and surfaces. 2. Exposed interior items and surfaces. 3. Surface preparation, priming, and finish coats specified in this Section are in addition to shop priming and surface treatment specified in other Sections. B. Paint exposed surfaces, except where the paint schedules indicate that a surface or material is not to be painted or is to remain natural. If the paint schedules do not specifically mention an item or a surface, paint the item or surface the same as similar adjacent materials or surfaces whether or not schedules indicate colors. If the schedules do not indicate color or finish, the Resident Engineer will select from standard colors and finishes available. 1. Painting includes field painting of exposed bare and covered pipes and ducts (including color coding), hangers, exposed steel and iron work, and primed metal surfaces of mechanical and electrical equipment. C. Do not paint prefinished items, concealed surfaces, finished metal surfaces, operating parts, and labels. 1. Prefinished items include the following factory-finished components: a. Architectural woodwork and casework. b. Acoustical wall panels. c. Metal toilet enclosures. d. Metal lockers. e. Unit kitchens. f. Elevator entrance doors and frames. g. Elevator equipment. h. Finished mechanical and electrical equipment. 1. Light fixtures. Key West International Airport 09900 -1 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) J. Distribution cabinets. 2. Concealed surfaces include walls or ceilings in the following generally inaccessible spaces: a. Foundation spaces. b. Furred areas. c. Ceiling plenums. d. Utility tunnels. e. Pipe spaces. f. Duct shafts. g. Elevator shafts. 3. Finished metal surfaces include the following: a. Anodized aluminum. b. Stainless steel. c. Chromium plate. d. Copper. e. Bronze and brass. 4. Operating parts include moving parts of operating equipment and the following: a. Valve and damper operators. b. Linkages. c. Sensing devices. d. Motor and fan shafts. 5. Labels: Do not paint over Underwriters Laboratories (UL), Factory Mutual (FM), or other code-required labels or equipment name, identification, performance rating, or nomenclature plates. 1. 03 DEFINITIONS A. General: Standard coating terms defined in ASTM D 16 apply to this Section. 1. Flat refers .to a lusterless or matte finish with a gloss range below 15 when measured at an 85-degree meter. 2. Eggshell refers to low-sheen finish with a gloss range between 5 and 20 when measured at a 60-degree meter. 3. Satin refers to low-sheen finish with a gloss range between 15 and 35 when measured at a 60-degree meter. 4. Semigloss refers to medium-sheen finish with a gloss range between 30 and Key West International Airport 09900 -2 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) 65 when measured at a 60-degree meter. 5. Full gloss refers to high-sheen finish with a gloss range more than 65 when measured at a 60-degree meter. 1.04 SUBMIITALS A. Product Data: For each paint system specified. fuclude block fillers and primers. 1. Material List: Provide an inclusive list of required coating materials. fudicate each material and cross-reference specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's fuformation: Provide manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material proposed for use. 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs). B. Samples for fuitial Selection: Manufacturer's color charts showing the full range of colors available for each type of finish-coat material indicated. 1. After color selection, the Resident Engineer will furnish color chips for surfaces to be coated. C. Samples for Verification: Of each color and material to be applied, with texture to simulate actual conditions, on representative Samples of the actual substrate. 1. Provide stepped Samples, defining each separate coat, including block fillers and primers. Use representative colors when preparing Samples for review. Resubmit until required sheen, color, and texture are achieved. 2. Provide a list of materials and applications for each coat of each sample. Label each sample for location and application. 3. Submit Samples on the following substrates for the Resident Engineer's review of color and texture only: a. Concrete Masonry: Provide two 4-by-8-inch (100-by-200-mm) samples of masonry, with mortar joint in the center, for each finish and color. b. Ferrous Metal: Provide two 4-inch- (1 OO-mm-) square samples offlat metal and two 8-inch- (200-mm-) long samples of solid metal for each color and finish. D. Qualification Data: For firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. fuclude lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. Key West International Airport 09900 -3 July 2004 Terminal Rehabilitation (Custom Building-Replace Ale and Handrails) 1. 05 QUALITY ASSURANCE A. Applicator Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent to that indicated for this Project with a record of successful in-service performance. B. Source Limitations: Obtain block fillers, primers, and undercoat materials for each coating system from the same manufacturer as the finish coats. 1. 06 DELNERY, STORAGE, AND HANDLING A. Deliver materials to the Project Site in manufacturer's originalt unopened packages and containers bearing manufacturer's name and labelt and the following information: 1. Product name or title of material. 2. Product description (generic classification or binder type). 3. Manufacturer's stock number and date of manufacture. 4. Contents by volume, for pigment and vehicle constituents. 5. Thinning instructions. 6. Application instructions. 7. Color name and number. 8. VOC content. B. Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 degrees F (7 degrees C). Maintain containers used in storage in a clean condition, free of foreign materials and residue. 1. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handlingt mixing, and application. 1. 07 PROJECT CONDITIONS A. Apply water-based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 and 90 degrees F (10 and 32 degrees C). B. Apply solvent-thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 and 95 degrees F (7.2 and 35 degrees C). C. Do not apply paint in snow, rain, fog, or mist; or when the relative humidity exceeds 85 percent; or at temperatures less than 5 degrees F (3 degrees C) above the dew point; or to damp or wet surfaces. 1. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by manufacturer during application and drying periods. Key West International Airport 09900 -4 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) 1. 08 EXTRA MATERIALS A. Furnish extra paint materials from the same production run as the materials applied in the quantities described below. Package paint materials in unopened, factory-sealed containers for storage and identify with labels describing contents. Deliver extra materials to the Owner. 1. Quantity: Furnish the Owner with extra paint materials in the quantities indicated below: a. Exterior, Full-Gloss Alkyd Enamel: 2 gal. (7.57 L) of each color applied. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Products: Subject to compliance with requirements, provide one of the products in the paint schedules. B. Manufacturers Names: The following manufacturers are referred to in the paint schedules by use of shortened versions of their names, which are shown in parentheses: 1. Glidden Co. (The) (Glidden). 2. Benjamin Moore & Co. (Moore). 3. PPG Industries, Inc. (PPG). 4. Pratt & Lambert, Inc. (P & L). 5. Sherwin-Williams Co. (S- W). 6. MAB 2. 02 PAINT MATERIALS, GENERAL A. Material Compatibility: Provide block fillers, primers, undercoats, and finish-coat materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. B. Material Quality: Provide manufacturer's best-quality paint material of the various coating types specified. Paint-material containers not displaying manufacturer's product identification will not be acceptable. 1. Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish manufacturer's material data and certificates of Key West International Airport 09900 -5 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) perf.ormance f.or pr.op.osed substituti.ons. C. C.ol.ors: Provide cust.om c.ol.ors .of the finished paint systems t.o match the Resident Engineer's samples. 1. The basis .of design is Sherwin Williams .or c.omparable product.of .one .of the f.oll.owing manufacturers specified. D. C.ol.ors: Match col.ors indicated by reference t.o manufacturer's col.or designati.ons. PART 3 - EXECUTION 3.01 EXAMINATION A. Examine substrates, areas, and c.onditi.ons, with the Applicat.or present, under which painting will be perf.ormed f.or c.ompliance with paint applicati.on requirements. 1. D.o n.ot begin t.o apply paint until unsatisfact.ory c.onditi.ons have been c.orrected and surfaces receiving paint are th.or.oughly dry. 2. Start .of painting will be c.onstrued as the Applicat.or's acceptance .of surfaces and c.onditi.ons within a particular area. D. C.o.ordinati.on .of W.ork: Review .other Secti.ons in which primers are provided t.o ensure c.ompatibility .of the t.otal system f.or vari.ous substrates. On request, furnish inf.ormati.on .on characteristics .of finish materials t.o ensure use.of compatible primers. 1. N.otify the Resident Engineer ab.out anticipated pr.oblems using the materials specified over substrates primed by .others. 3.02 PREPARATION A. General: Rem.ove hardware and hardware access.ories, plates, machined surfaces, lighting fixtures, and similar items already installed that are n.ot t.o be painted. If rem.oval is impractical .or impassible because .of the size .or weight .of the item, provide surface-applied pr.otecti.on bef.ore surface preparati.on and painting. 1. After c.ompleting painting .operati.ons in each space .or area, reinstall items rem.oved using workers skilled in the trades inv.olved. B. Cleaning: Bef.ore applying paint .or .other surface treatments, clean the substrates .of substances that eQuId impair the b.ond .of the vari.ous coatings. Rem.ove .oil and grease bef.ore cleaning. 1. Schedule cleaning and painting s.o dust and .other contaminants fr.om the cleaning process will n.ot fall .on wet, newly painted surfaces. C. Surface Preparati.on: Clean and prepare surfaces t.o be painted acc.ording t.o manufacturer's written instructi.ons far each particular substrate c.onditi.on and as specified. 1. Provide barrier c.oats .over inc.ompatible primers .or rem.ove and reprime. 2. Cementiti.ous Materials: Prepare c.oncrete, c.oncrete mas.onry bl.ock, cement Key West International Airport 09900 -6 July 2004 Terminal Rehabilitation (Custom Building-Replace Ale and Handrails) plaster, and mineral-fiber-reinforced cement panel surfaces to be painted. Remove efflorescence, chalk, dust, dirt, grease, oils, and release agents. Roughen as required to remove glaze. Ifhardeners or sealers have been used to improve curing, use mechanical methods of surface preparation. a. Use abrasive blast-cleaning methods if recommended by paint manufacturer. b. Detennine alkalinity and moisture content of surfaces by performing appropriate tests. If surfaces are sufficiently alkaline to cause the finish paint to blister and bum, correct this condition before application. Do not paint surfaces where moisture content exceeds that pennitted in manufacturer's written instructions. c. Clean concrete floors to be painted with a 5 percent solution of muriatic acid or other etching cleaner. Flush the floor with clean water to remove acid, neutralize with ammonia, rinse, allow to dry, and vacuum before painting. 3. Ferrous Metals: Clean ungalvanized ferrous-metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with the Steel Structures Painting Council's (SSPC) recommendations. a. Blast steel surfaces clean as recommended by paint system manufacturer and according to requirements of SSPC-SP 10. b. Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before priming. c. Touch up bare areas and shop-applied prime coats that have been damaged. Wire-brush, clean with solvents recommended by paint manufacturer, and touch up with the same primer as the shop coat. 4. Galvanized Surfaces: Clean galvanized surfaces with nonpetroleum-based solvents so surface is free of oil and surface contaminants. Remove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. D. Materials Preparation: Mix and prepare paint materials according to manufacturer's written instructions. 1. Maintain containers used in mixing and applying paint in a clean condition, free of foreign materials and residue. 2. Stir material before application to produce a mixture of uniform density. Stir as required during application. Do not stir surface film into material. If necessary, remove surface film and strain material before using. 3. Use only thinners approved by paint manufacturer and only within recommended limits. E. Tinting: Tint each undercoat a lighter shade to simplify identification of each coat Key West International Airport 09900 -7 July 2004 Tenninal Rehabilitation (Custom Building-Replace AlC and Handrails) when multiple coats of the same material are applied. Tint undercoats to match the color of the finish coat, but provide sufficient differences in shade of undercoats to distinguish each separate coat. 3.03 APPLICATION A. General: Apply paint according to manufacturer's written instructions. Use applicators and techniques best suited for substrate and type of material being applied. 1. Paint colors, surface treatments, and finishes are indicated in the schedules. 2. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. 3. Provide finish coats that are compatible with primers used. 4. The tenn "exposed surfaces" includes areas visible when permanent or built-in fixtures, convector covers, covers for finned-tube radiation, grilles, and similar components are in place. Extend coatings in these areas, as required, to maintain the system integrity and provide desired protection. 5. Paint surfaces behind movable equipment and furniture the same as similar exposed surfaces. Before the final installation of equipment, paint surfaces behind pennanently fixed equipment or furniture with prime coat only. 6. Paint interior surfaces of ducts with a flat, nonspecular black paint where visible through registers or grilles. 7. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. 8. Finish exterior doors on tops, bottoms, and side edges the same as exterior faces. 9. Finish interior of wall and base cabinets and similar field-finished casework to match exterior. 10. Sand lightly between each succeeding enamel or varnish coat. B. Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. The number of coats and the film thickness required are the same regardless of application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. If sanding is required to produce a smooth, even surface according to manufacturer's written instructions, sand between applications. 2. Omit primer on metal surfaces that have been shop primed and touchup painted. 3. If undercoats, stains, or other conditions show through final coat of paint, Key West International Airport 09900 -8 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) apply additional coats until paint film is of uniform finish, color, and appearance. Give special attention to ensure edges, corners, crevices, welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 4. Allow sufficient time between successive coats to permit proper drying. Do not recoat surfaces until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and where application of another coat of paint does not cause the undercoat to lift or lose adhesion. C. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators according to manufacturer's written instructions. 1. Brushes: Use brushes best suited for the type of material applied. Use brush of appropriate size for the surface or item being painted. 2. Rollers: Use rollers of carpet, velvet back, or high-pile sheep's wool as recommended by the manufacturer for the material and texture required. 3. Spray Equipment: Use airless spray equipment with orifice size as recommended by the manufacturer for the material and texture required. D. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's recommended spreading rate. Provide the total dry film thickness of the entire system as recommended by the manufacturer. E. Mechanical and Electrical Work: Painting of mechanical and electrical work is limited to items exposed in equipment rooms and in occupied spaces. F. Mechanical items to be painted include, but are not limited to, the following: 1. Piping, pipe hangers, and supports. 2. Heat exchangers. 3. Tanks. 4. Ductwork. 5. Insulation. 6. Motors and mechanical equipment. 7. Accessory items. G. Electrical items to be painted include, but are not limited to, the following: 1. Conduit and fittings. 2. Switchgear. 3. Panelboards. H. Block Fillers: Apply block fillers to concrete masonry block at a rate to ensure complete coverage with pores filled. 1. Prime Coats: Before applying finish coats, apply a prime coat of material, as Key West International Airport 09900 -9 July 2004 Terminal Rehabilitation (Custom Building-Replace Ale and Handrails) recommended by the manufacturer, to material that is required to be painted or finished and that has not been prime coated by others. Recoat primed and sealed surfaces where evidence of suction spots or unsealed areas in first coat appears, to ensure a finish coat with no burn through or other defects due to insufficient sealing. J. Pigmented ( Opaque) Finishes: Completely cover surfaces as necessary to provide a smooth, opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections will not be acceptable. K. Transparent (Clear) Finishes: Use multiple coats to produce a glass-smooth surface film of even luster. Provide a finish free oflaps, runs, cloudiness, color irregularity, brush marks, orange peel, nail holes, or other surface imperfections. 1. Provide satin finish for final coats. L. Stipple Enamel Finish: Roll and redistribute paint to an even and fine texture. Leave no evidence of rolling, such as laps, irregularity in texture, skid marks, or other surface imperfections. M. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish, or repaint work not complying with requirements. 3. 04 FIELD QUALITY CONTROL A. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary during the period when paint is being applied: 1. The testing agency will perform appropriate tests for the following characteristics as required by the Owner: a. Dry file thickness. b. Quantitative material analysis. c. Abrasion resistance. d. Apparent reflectivity. e. Flexibility. f. Washability. g. Absorption. h. Accelerated weathering. 1. Dry opacity. J. Accelerated yellowness. k. Recoating. 1. Skinning. m. Color retention. n. Alkali and mildew resistance. Key West International Airport 09900 -10 July 2004 Terminal Rehabilitation (Custom Building-Replace Ale and Handrails) 2. The Owner may direct the Contractor to stop painting if test results show material being used does not comply with specified requirements. The Contractor shall remove noncomplying paint from the site, pay for testing, and repaint surfaces previously coated with the rejected paint. If necessary, the Contractor may be required to remove rejected paint from previously painted surfaces if, on repainting with specified paint, the 2 coatings are incompatible. 3. 05 CLEANING A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other discarded paint materials from the site. 1. After completing painting, clean glass and paint-spattered surfaces. Remove spattered paint by washing and scraping. Be careful not to scratch or damage adjacent finished surfaces. 3. 06 PROTECTION A. Protect work of other trades, whether being painted or not, against damage by painting. Correct damage by cleaning, repairing or replacing, and repainting, as approved by Resident Engineer. B. Provide "Wet Paint" signs to protect newly painted finishes. Remove temporary protective wrappings provided by others to protect their work after completing painting operations. 1. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3. 07 EXTERIOR PAINT SCHEDULE A. Concrete and Masonry (Other than Concrete Masonry Units): Provide the following finish systems over exterior concrete and brick masonry surfaces: 1. Full-Gloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Alkali-resistant, exterior, acrylic-latex primer, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils (0.036 mm). (1) Glidden: Primer not required over this substrate. (2) Moore: Moore's Latex Exterior Primer #102. (3) PPG: 6-603 Speedhide Interior/Exterior Acrylic Latex Alkali Resistant Primer. (4) P & L: Z/F 1001 Suprime "1" Multi-Purpose 100 Percent Acrylic Primer. Key West International Airport 09900 -11 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (5) S-W: Loxon Exterior Masonry Acrylic Primer A24W300. b. First and Second Coats: Full-gloss, exterior, acrylic-latex enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.4 mils (0.061 mm). (l) Glidden: 6900 Series Lifemaster Pro Hi-Performance Acrylic Coating. (2) Moore: Impervex Enamel #309. (3) PPG: 90 Line Pitt-Tech One Pack Interior/Exterior High Performance Waterborne High Gloss DTM Industrial Enamels. (4) P & L: Z/F 4300 Series Accolade Exterior Gloss. (5) S-W: DTM Acrylic Coating Gloss (Waterborne) B66WlOO Series. B. Concrete Masonry Units: Provide the following finish systems over exterior concrete masonry units: 1. Full-Gloss, Acrylic-Enamel Finish: 2 finish coats over a block filler and a primer. a. Block Filler: High-performance, latex block filler applied at spreading rate recommended by the manufacturer to achieve a total dry mill thickness of not less than 4.0 mils (0.102 mm). (l) Glidden: 5317 Ultra-Hide Block Filler, Latex Interior-Exterior. (2) Moore: Moorcraft Interior & Exterior Block Filler #173. (3) PPG: 6-7 Speedhide Interior/Exterior Masonry Latex Block Filler. (4) P & L: Z/F 98 Pro-Hide Plus Block Filler. (5) S-W: Heavy-Duty Block Filler B42W46. b. Primer: Alkali-resistant, exterior, acrylic primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils (0.036 mm). Key West International Airport 09900 -12 July 2004 Terminal Rehabilitation (Custom Building-Replace Ale and Handrails) (1) Glidden: Primer not required over block filler. (2) Moore: Primer not required over block filler. (3) PPG: Primer not required over block filler. (4) P & L: ZIF 1001 Suprime "1" Multi-Purpose 100 Percent Acrylic Primer. (5) S- W: Primer not required over block filler. c. First and Second Coats: Full-gloss, exterior, acrylic-latex enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.4 mils (0.061 mm). (1) Glidden: 6900 Series Lifemaster Pro Hi-Performance Acrylic Coating. (2) Moore: Impervex Enamel #309. (3) PPG: 90 Line Pitt-Tech One Pack Interior/Exterior High Performance Waterbome High Gloss DTM Industrial Enamels. (4) P & L: ZIF 4300 Series Accolade Exterior Gloss. (5) S-W: DTM Acrylic Coating Gloss (Waterborne) B66WI00 Series. C. Exterior Gypsum Soffit Board: Provide the following finish systems over exterior gypsum soffit board: 1. Semigloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Exterior, alkyd- or alkali-resistant, acrylic-latex primer, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.5 mils (0.038 mm). (1) Glidden: Primer not required over this substrate. (2) Moore: Moore's Latex Exterior Primer #102. (3) PPG: 6-603 Speedhide Interior/Exterior Acrylic Latex Alkali Resistant Primer. Key West International Airport 09900 -13 July 2004 Tenninal Rehabilitation (Custom Building-Replace AlC and Handrails) (4) P & L: SID 1008 Suprime "8" Exterior Alkyd Wood Primer. b. First and Second Coats: Semigloss, exterior, acrylic-latex enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils (0.036 mm). (1) Glidden: 6600 Series Spred Ultra Exterior Gloss Latex House & Trim Paint. (2) Moore: MoorGlo Latex House & Trim Paint #096. (3) PPG: 78 Line Sun-Proof Semi-Gloss Acrylic Latex House and Trim Paint. (4) P & L: ZIP 3100 Series Aqua Royal Latex House & Trim Finish. D. Zinc-Coated Metal: Provide the following finish systems over exterior zinc-coated (galvanized) metal surfaces: 1. Full-Gloss, Alkyd-Enamel Finish: 2 finish coats over a galvanized metal primer. a. Primer: Galvanized metal primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0,031 mm). (1) Glidden: 5205 Glid-Guard Tank & Structural Primer, Red. (2) Moore: IronClad Galvanized Metal Latex Primer #155. (3) PPG: 90-709 Pitt-Tech One Pack Interior/Exterior PrimerIPinish DTM Industrial Enamel. (4) P & L: ZIP 1003 Suprime "3" Interior/Exterior Latex Metal Primer. (5) S-W: Galvite Paint B50W3. b. First and Second Coats: Full-gloss, exterior, alkyd enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). (1) Glidden: 4500 Series Glid-Guard Alkyd Industrial Enamel. (2) Moore: Impervo Enamel #133. Key West International Airport 09900 -14 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (3) PPG: 6-282 Speedhide Interior/Exterior Gloss-Oil Enamel. (4) P & L: S 4500 Series Tech-Gard Maintenance Gloss Enamel. (5) S-W: Industrial Enamel B-54 Series. 2. Full-Gloss, Acrylic-Enamel Finish: 2 finish coats over a galvanized metal primer. a. Primer: Galvanized metal primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0,031 mm). (1) Glidden: 6950 Lifemaster Pro Direct-to-Metal Acrylic Coating. (2) Moore: IronClad Galvanized Metal Latex Primer #155. (3) PPG: 90-709 Pitt-Tech One Pack Interior/Exterior PrimerIFinish DTM Industrial Enamel. (4) P & L: ZIF 1003 Suprime "3" Interior/Exterior Latex Metal Primer. (5) S-W: DTM Acrylic PrimerIFinish B66Wl. b. First and Second Coats: Pull-gloss, waterborne, acrylic enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.4 mils (0.061 mm). (1) Glidden: 6950 Lifemaster Pro Direct-to-Metal Acrylic Coating. (2) Moore: hnpervex Enamel #309. (3) PPG: 90 Line Pitt-Tech One Pack Interior/Exterior High Performance Waterborne High Gloss DTM Industrial Enamels. (4) P & L: Z/P 2900 Series Enducryl Acrylic Maintenance Enamel. (5) S-W: DTM Acrylic Coating Gloss (Waterborne) B66WlOO Series. Key West International Airport 09900 -15 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) 3.08 INTERIOR PAlNT SCHEDULE A. Concrete and Masonry (Other than Concrete Masonry Units): Provide the following paint systems over interior concrete and brick masonry surfaces: 1. . Semigloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Alkali-resistant, acrylic-latex, interior primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.0 mil (0.025 mm). (1) Glidden: Primer not required over this substrate. (2) Moore: Regal First Coat Interior Latex Primer & Underbody #216. (3) PPG: 6-603 Speedhide Interior/Exterior Acrylic Latex Alkali Resistant Primer on highly alkaline surfaces. (4) P & L: Z/F 1001 Suprime "1" 100 Percent Acrylic Multi-Purpose Primer. b. First and Second Coats: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 rom). (1) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel #333. (3) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: ZIP 4100 Series Accolade Interior Semi-Gloss. 2. Semigloss, Alkyd-Enamel Finish: 2 finish coats over a primer, a. Primer: Alkali-resistant, alkyd- or latex-based, interior primer, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.0 mil (0,025 mm). (1) Glidden: 5111 Spred Ultra Latex Primer-Sealer. (2) Moore: Regal First Coat Interior Latex Primer & Underbody #216. Key West International Airport 09900 -16 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (3) PPG: 6-603 Speedhide Interior/Exterior Acrylic Latex Alkali Resistant Primer. (4) P & L:. Z/F 1001 Suprime "1" 100 Percent Acrylic Multi-Purpose Primer. (5) S-W: ProMar 200 Latex Wall Primer B28W200. b. First and Second Coats: Odorless, semigloss, alkyd, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). (1) Glidden: UH 8400 Ultra Traditional Alkyd Semi-Gloss Enamel. (2) Moore: Moore's Alkyd Dulamel #207. (3) PPG: 27 Line Wallhide Low Odor Interior Enamel Wall and Trim Semi-Gloss Oil. (4) P & L: SID 5700 Cellu- Tone Alkyd Satin Enamel. (5) S-W: Classic 99 Interior Alkyd Semi-Gloss Enamel A-40 Series. B. Concrete Masonry Units: Provide the following finish systems over interior concrete masonry block units: 1. Semigloss, Acrylic-Enamel Finish: 2 finish coats over a block filler. a. Block Filler: High-performance, latex-based, block filler applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 5.0 mils (0.13 mm). (1) Glidden: 5317 Ultra-Hide Block Filler, Latex Interior-Exterior. (2) Moore: Moorcraft Interior & Exterior Block Filler #173. (3) PPG: 6-7 Speedhide Interior/Exterior Masonry Latex Block Filler. (4) P & L: Z 98 Pro-Hide Plus Latex Block Filler. b. First and Second Coats: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to Key West International Airport 09900 -17 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). (1) Glidden: 8200 Series Spred Ultra.Latex Semi-Gloss Enamel. (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel #333. (3) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: Z/F 4100 Series Accolade Interior Semi-Gloss. 2. Semigloss, Alkyd-Enamel Finish: 2 finish coats over an undercoat and a filled surface. a. Block Filler: High-performance, latex-based, block filler applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 5.0 mils (0.13 mm). (1) Glidden: 5317 Ultra-Hide Block Filler, Latex Interior-Exterior. (2) Moore: Moorcraft Interior & Exterior Block Filler #173. (3) PPG: 6-7 Speedhide Interior/Exterior Masonry Latex Block Filler. (4) P & L: Z 98 Pro-Hide Plus Latex Block Filler. (5) S-W: Heavy-Duty Block Filler B42W46. b. Undercoat: Interior, alkyd- or latex-based, enamel undercoater, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: UH 400 Ultra-Hide Alkyd Interior Enamel Undercoater. (2) Moore: Moore's Alkyd Enamel Underbody #217. (3) PPG: 6-855 Speedhide Interior Latex Enamel Undercoater. (4) P & L: SID 1012 Suprime "12" Interior Alkyd Wall Primer. Key West International Airport 09900 -18 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (5) S-W: Classic 99lnterior/Exterior Semi-Gloss Alkyd Enamel A-40 Series. c. Finish Coat: Odorless, semigloss, alkyd, interior enamel applied at spreading rate recommended by the manufacturer to achieve a tobil dry film thickness of not less than 1.5 mils (0.038 mm). (1) Glidden: UR 8400 Ultra Traditional Alkyd Semi-Gloss Enamel. (2) Moore: Satin Impervo #235. (3) PPG: 27 Line Wallhide Low Odor Interior Enamel Wall and Trim Semi-Gloss Oil. (4) P & L: SID 5700 Series Cellu- Tone Alkyd Satin Enamel. (5) S- W: Classic 99lnterior/Exterior Semi-Gloss Alkyd Enamel A-40 Series. C. Gypsum Board: Provide the following finish systems over interior gypsum board surfaces: 1. Semigloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Latex-based, interior primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: 5111 Spred Ultra Latex Primer-Sealer. (2) Moore: Regal First Coat Interior Latex Primer & Underbody #216. (3) PPG: 17-10 Quick-Drying Interior Latex Primer-Sealer. (4) P & L: ZIP 1001 Suprime "1" 100 Percent Acrylic Multi-Purpose Primer. b. First and Second Coats: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). (1) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel Key West International Airport 09900 -19 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) #333. (3) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: Z/F 4100 Series Accolade Interior Semi-Gloss. 2. Semigloss, Alkyd-Enamel Finish: 2 finish coats over a primer. a. Primer: Latex-based, interior primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: 5111 Spred Ultra Latex Primer-Sealer. (2) Moore: Regal First Coat Interior Latex Primer & Underbody #216. (3) PPG: 17-10 Quick-Dry Interior Latex Primer-Sealer. (4) P & L: Z/F 1001 Suprime "1" 100 Percent Acrylic Multi-Purpose Primer. (5) S-W: ProMar 200 Interior Latex Wall Primer B28W200. 3. First arid Second Coats: Odorless, semigloss, alkyd, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). a. Glidden: UH 8400 Ultra Traditional Alkyd Semi-Gloss Enamel. b. Moore: Moore's Alkyd Dulamel #207. c. PPG: 27 Line Wallhide Low Odor Interior Enamel Wall and Trim Semi-Gloss Oil. d. P & L: SID 5700 Cellu- Tone Alkyd Satin Enamel. e. S-W: Classic 99 Interior Alkyd Semi-Gloss Enamel A-40 Series. D. Plaster: Provide the following finish systems over new, interior plaster surfaces: 1, Semigloss, Acrylic-Enamel Finish: One finish coat over an undercoat and a primer. a. Primer: Alkali-resistant, alkyd- or latex-based, interior primer, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: 5111 Spred Ultra Latex Primer-Sealer. Key West International Airport 09900 -20 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (2) Moore: Regal First Coat Interior Latex Primer & Underbody #216. (3) PPG: 6-603 Speedhide InteriorlExterior Acrylic Latex Alkali Resistant Primer. (4) P & L: ZIF 1001 Suprime "1" 100 Percent Acrylic Multi-Purpose Primer. b. First and Second Coats: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mm). (1) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. ~ (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel #333. (3) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: Z/F 4100 Series Accolade Interior Semi-Gloss. E. Ferrous Metal: Provide the following finish systems over ferrous metal: 1. Semigloss, Acrylic-Enamel Finish: One finish coat over an enamel undercoater and a primer. a. Primer: Quick-drying, rust-inhibitive, alkyd-based or epoxy-metal primer, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1,5 mils (0.038 mm). (1) Glidden: 5207 Glid-Guard Tank & Structural Primer, White. (2) Moore: IronClad Retardo Rust-Inhibitive Paint #163. (3) PPG: 6-208 Speedhide InteriorlExterior Rust Inhibitive Steel Primer. (4) P & L: S 4551 Tech-Gard High Performance Rust Inhibitor Primer. b. Undercoat: Alkyd, interior enamel undercoat or semigloss, acrylic-latex, interior enamel, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the Key West International Airport 09900 -21 July 2004 Terminal Rehabilitation (Custom Building-Replace NC and Handrails) manufacturer to achieve a total dry film thickness of not less than 1.3 mils (0.033 mm). (l) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. (2) Moore: Moore's Alkyd Enamel Underbody #217. (3) PPG: 6-6 Speedhide Interior Quick-Drying Enamel Undercoater. (4) P & L: ZIP 4100 Series Accolade Interior Semi-Gloss. c. Finish Coat: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.3 mils (0.033 mm). (l) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel #333. (3) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: ZIF 4100 Series Accolade Interior Semi-Gloss. .--, , F. Zinc-Coated Metal: Provide the following finish systems over zinc-coated metal: 1. Semigloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Galvanized metal primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0,031 mm). (l) Glidden: 5207 Glid-Guard Tank & Structural Primer, White. (2) Moore: ironClad Galvanized Metal Latex Primer #155. (3) PPG: 90-709 Pitt-Tech One Pack InteriorlExterior PrimerlFinish DTM Industrial Enamel. (4) P & L: ZIF 1003 Suprime "3" InteriorlExterior Latex Metal Primer. b. First and Second Coats: Semigloss, acrylic-latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 Key West International Airport ~oo~ ~WM Terminal Rehabilitation (Custom Building-Replace NC and Handrails) mm). (1) Glidden: 8200 Series Spred Ultra Latex Semi-Gloss Enamel. (2) Moore: Moore's Regal AquaGlo Vinyl-Acrylic Latex Enamel #333. (3) PPG: 88-110 Satinhide futerior Enamel Wall & Trim Lo-Lustre Semi-Gloss Latex. (4) P & L: Z/F 4100 Series Accolade futerior Semi-Gloss. 2. Semigloss, Alkyd-Enamel Finish: One finish coat over an undercoat and a pnmer. a. Primer: Galvanized metal primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: 5207 Glid-Guard Tank & Structural Primer, White. (2) Moore: IronClad Galvanized Metal Latex Primer #155. (3) PPG: 90-709 Pitt-Tech One Pack Interior/Exterior PrimerIFinish DTM fudustrial Enamel. (4) P & L: ZIF 1003 Suprime "3" Interior/Exterior Latex Metal Primer. (5) S-W: Galvite Paint B50W3. b. Undercoat: Alkyd, interior enamel undercoat or semigloss, interior, alkyd-enamel fmish coat, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 mm). (1) Glidden: UH 8400 Series Spred Ultra Traditional Alkyd Semi-Gloss Enamel. (2) Moore: Moore's Alkyd Enamel Underbody #217. (3) PPG: 6-6 Speedhide Interior Quick-Drying Enamel Undercoater. (4) P & L: SID 1011 Suprime "11" Interior Alkyd Wood Primer. Key West International Airport 09900 -23 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) (5) S-W: ProMar 200 Interior Alkyd Semi-Gloss Enamel B34W200. c. Finish Coat: Odorless, semigloss, alkyd, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils (0.036 mm). (1) Glidden: UH 8400 Ultra Traditional Alkyd Semi-Gloss Enamel. (2) Moore: Satin Impervo #235. (3) PPG: 27 Line Wallhide Low Odor Interior Enamel Wall and Trim Semi-Gloss Oil. (4) P & L: SID 5700 Cellu- Tone Alkyd Satin Enamel. (5) S-W: Classic 99 Interior Alkyd Semi-Gloss Enamel A-40 Series. Part 4 -Method of Measurement The quantity of exterior masonry painting to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the engineer. Part 5 - Basis of Pavment Payment shall be made at the contract unit price per square foot for Exterior masonry painting. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools and incidentals necessary to complete the item. Payment will be made under: Item 09900-5.1 Exterior Masonry Painting......... per square foot END OF SECTION Key West International Airport 09900 -24 July 2004 Terminal Rehabilitation (Custom Building-Replace AlC and Handrails) ~ PICTURES OF CUSTOM BUILDING I I I tee'1= t, It. > FCC S.�ire 1 i. .M ,�'' to a .�.'i` i. 111110 !�'�:.4 • • • .� -e-e�-yam.. ti_. . fii I oft: . I • j, r•!. + ` • '.F % _ lr� ,'1 �Q d i' f _ • +Rr i • ...„,„,„,_i •A'o�` 111I: 011it{tea. „ F 1 1 I I I I I ., .- ......, . .. . -,- ' , • ..,,,...!!,..`. ,..i,--._._:-..-, , ..::','.7 .:-,• ,•r.....:. '.:s:-.:-.•.'1::-;--• .--,:;. - . - - .. - 1-..'..'. ,f.:,.-.::,‘")?'‘.'-'.;..-.-,;:.,'.-:..-7 ri.:‘,.:;:',.s....:,;::::,.'.A.-:-:.i:';:.'.,..:.:-.-A;'-- -'• ---- •-----is:A.40,0,-owtitu, . -- .-: -;•-,s.,-,,,--- -'---!,;4..-fa',.--5:4 tr•-.7*144zt',..,......- ..,,,-!,-.-71.,,,',-,-------:^-, f:: • I t ‘. ---- - ---.--- -.5.:;-',.i'i t**-4.*.i,4;V:f4.,1-...W.1,'IZaT'.7: 7-.7 .--'i '''. k":.'-...,...':.:-.,..-.-:'..'•-:'- • • - ' .-.' 1 , i 4. ...4:„..„7v:45..,;.1,.4r..f...,:ii -',";:SnI.P;?1..•..,...,,:.„7„..r,..'!..,,,--.:.,.--,.:,'.•-.'.':'''.',:',...: ' '. 1 . . .: • - • -- i •-i.1 _ . . ....,. . . . . ;-: . . . • • . . . . . . ... . . . • .• . 11 -..-...„;,,,-----,•,--,--,-,„1'.-,:::;k,.--,,z•-.:-.4,i.::-•:.-,:j':---,..••••••••:-....,,-..21,cg . , - ?. •,-,. f...fej,, -,..-...-.. ...,.,:.,-..75*.,-',!,--.:•:7n.!..,...- ':- ....• s---(, .„ •: '.- • .'i 5 - .. :. • : ! •.: - -:•- . -...-• -. i! - • • -, • i • ., : -:., i -- ':'•'_-•.:-•..-•••••••=•-: : J. - • - . . • . • - - , ••••1. • - • • • - -• - • • -•.• .-_: , . tlit.t.,.-..•...,.-„...,.. ,•;:, -..• • •:- -.. -•. . .t•• ..• _.•- .:---.4..r.-.--..-..,--.-..f—. '' ;-;•.'. :'.....f'..',.,..k.;•,..-::,7:.. ...::.•''.*:Y.:::,,.:1;j5: -Ir t,...,.. -:.- .... ,._ :.. .. ,i 1,,c.:...,.....;;;:,::,-,,.:1,--;:'-':;;..',,-, 1:i.. ..;:,...::,;f4:, -.:1:.'4::--'''.1Wm;'''*.;44,-.:':'•.;'.'.'4'.'1'..,A-4- ::.:_2 it:.'".: :::.:-;.1,:;; ;',1.0. k;;t3;:t7:t.';''.7:',-CrS;#:-i•c.-;4; '-';,-i-}.- • -A:IX*3;.,A-4.:',W44.-..!*.:44.14P4 q levst- - , * Aiii-Qrai 14.:TrAtz,. &,------- -,-.•,-,..-..a .1.,,',z,`•-k-.......-.--:'- :.i.te'-,•;.- .1:i '''..4s.1.4.-... .,,t.--MfrA:4 06-'' L? `':' 1;'-'f`ifSii0r$13.741;V:44t9;.-4i4V.W.740'41'f;V:* IS 4:'•;4:4 '..-1.:'.7-4,',ttl...f1"..1,„,„vt.t.dt.1.-;*tif''. • te-fr -7,5,-=wyre :il I 0" V . •,,,... 1 r •vtkr...-%„:50- Y2'.1.A A..;',:•1 -d•cit41!"&'40.-k,i•Ai. :4" kr:.:.".‘,.., • • •--;..';. ..ri:•,..i.,6'-..,:zis..,1,.c.,./;-,-..- 1 . I I r I t 1 t 1 -111 • • • • D . I • • • • • 1 I 1