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04/20/2005 ,.,."" CONTRACT DOCUMENTS ".-',.. SEAL COAT RAMPS, MARKING, TIW A-9 REHABILITATION, AND ENVIRONMENTAL MITIGATION KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA ,.... ".,,- A.I.P. No. 3-12-0037-2404 U.P .tN. Nos. PFL 0000166, PFL 0003229 PFC Application Nos. 8 URS Corporation Contract No.: 12638098.00000 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 OCTOBER 2004 CONTRACT DOCUMENTS SEAL COAT RAMPS, MARKING, TIW A-9 REHABILITATION, AND ENVIRONMENTAL MITIGATION KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA A.I.P. No. 3-12-0037-2404 U.P .tN. Nos. PFL 0000166, PFL 0003229 PFC Application Nos. 8 URS Corporation Contract No.: 12638098.00000 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 OCTOBER 2004 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR SEAL COAT RAMPS, MARKING, T/W A-9 REHABILITATION, AND ENVIRONMENTAL MITIGATION A.I.P. No. 3-12-0037-2404 U.P.I.N. Nos. PFL 0000166, PFL 0003229 PFC Application Nos. 8 URS Corporation Contract No.: 12638098.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORATION OCTOBER 2004 I ADDENDUM No. 1 October 15, 2004 to Specifications and Other Contract Documents for Seal Coat Ramps, Marking, TIW A-9 Rehabilitation and Environmental Mitigation Key West International Airport Monroe County, Florida A.I.P. No. 3-12-0037-2404 U.P.I.N. Nos: PFL 0000166, PFL 0003229 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 1-26). 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. Company Name Signature Name Title Addendum No.1 Page 1 ADDENDUM No.1 October 15, 2004 to Specifications and Other Contract Documents for Seal Coat Ramps, Marking, TIW A-9 Rehabilitation and Environmental Mitigation Key West International Airport Monroe County, Florida A.I.P. No. 3-12-0037-2404 U.P.I.N. Nos: PFL 0000166, PFL 0003229 PFC NO.8 This addendum to the Contract Documents includes modifications to the following: Modification to the Contract Documents 1) Delete construction of the new pavement section at TIW "A-9", described in Phase V (a), Plan Sheet C-8. Contractor shall develop only asphalt marking in this phase. 2) Delete Attachment "A" Schedule of Bid Items (pages 1-17 thru 1-19) in its entirety and replace with the revised Attachment "A" Schedule of Bid Items (pages 1-17 and 1-18). 3) Delete technical specifications sections P-151, P-152, P-156, 204, P-401, P-602, and P_ 603, since these sections are affected by deletion of TIW "A-9" construction. 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 Addendum No.1 Page 2 ATTACHMENT "A" SCHEDULE OF BID ITEMS BIDDER NAME: AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 8 AlP NO.: 3-12-0037-2404 UPINNOS.: PFL 0000166, PFL 0003229 PROJECT DESCRIPTION: SEAL COAT RAMPS, MARKING, TIW A-9 REHABILITATION, AND ENVIRONMENTAL MITIGATION SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION UNIT QUANTITY IN TOTAL NUMBERS Mobilization AT 1 P-101-3.1 Dollars LS 1 AND Cents Maintenance of air operations area traffic AT 2 P-102-14.1 Dollars LS 1 AND Cents Final marking (yellow or white with reflective beads at 100% application rate) 3 P-620-5.1 AT SF 11,200 Dollars AND Cents Outline black print (no reflective beads) AT 4 P-620-5.2 Dollars SF 17,300 AND Cents Removal of existing marking AT 5 P-620-5.3 Dollars SF 6,660 AND Cents Slurry Seal (Type B) AT 6 S-001-8.1 Dollars SY 82,415 AND Cents 1-17 Addendum No.1 Page 3 'i BIDDER NAME: AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PFC APP NO.: 8 AlP NO.: 3-12-0037-2404 UPIN NOS.: PFL 0000166, PFL 0003229 PROJECT DESCRIPTION: SEAL COAT RAMPS, MARKING, TIW A-9 REHABILITATION, AND ENVIRONMENTAL MITIGATION SPEC ESTIMATED UNIT PRICE EXTENDED ITEM ITEM DESCRIPTION UNIT IN No. QUANTITY NUMBERS TOTAL Concrete TIe-Down Removal AT 7 Dollars EA 72 AND Cents TIe-down cable removal AT 8 Dollars LF 4,000 AND Cents New Concrete TIe-Down AT 9 Dollars EA 108 AND Cents New t1e-down cable AT 10 Dollars LF 3,680 AND Cents Environmental mitigation AT 11 8-002-9.1 Dollars LS 1 AND Cents TOTAL BID ITEMS 1 THROUGH 11 1-18 Addendum No.1 Page 4 TABLE OF CONTENTS DIVISION I................................................................................ BID DOCUMENTS DIYISIO N II ..... .......... ................. ......... ......... ........ .............................. CONTRACT DIVISION III .... .......... ..................................................... GENERAL PROVISIONS DIVIS ION IV....... .......... ............ ... .... .............. ...................SPECIAL PROVISIONS DIVISION V........................................................ TECHNICAL SPECIFICATIONS 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 ................................................................................................. 1-20 SECTION E - DRUG-FREE WORK PLACE.................................................................... 1-22 SECTION F - PRIME BIDDER'S QUALIFICATIONS ..................................................... 1-23 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES .................................................. 1-25 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM........................... 1-26 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ...................1-27 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT ........................................................... 1-28 SECTION K - SWORN STATF.MENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES. ON PUBLIC ENTITY CRlM ES ......... ......... ...................... ........... ...... .............................. 1-30 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990...................1-33 - SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES......................... 1-34 SECTION N - FEDERAL WAGES DECISION................................................................. 1-35 SECTION 0 - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29.............................................................. 1-39 1-1 SECTION A NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on October 2ih , 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: Seal Coat Ramos. Markina. TIW A-9 Rehabilitation and Environmental MitiQation Key West International Airnort Monroe County, Florida The major items of work for the contract will be as follows: The purpose of this work shall consist of a mixture of emulsified asphalt, mineral aggregate and water; properly proportioned, mixed, and spread evenly on an existing course ramps shown on the plans. Also, under this work the contractor shall apply new pavement marking including outline black paint along taxiway "A" and aprons. Additionally, the contractor shall develop TIW A- 9 rehabilitation consisting of demolition of the existing asphalt pavement and installatiQ!'" of a new asphalt pavement structure. Finally, environmental mitigation shall be done consisting of filling in existing abandoned mosquito ditches. 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 ~Oo-711-1712. Technical questions should be directed et the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami, Florida 33126-1220; Telephone (305) 262-7466, Fax (305) 2614017. 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 Seal Coat Ramos. Markina. TIW A-9 Rehabilitation and Environmental Mitiaation ", 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 October 2ih , 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-at!tvertise 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 c:i 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 Coun~ Board of Commissioners. A public construction bond will be required for 100% of the contract price. Certification of Nonsegregated Facilities and Equal Opportunity Report Statements must be signed as included in the bid proposal. Failure to complete these forms may be grounds for rejecting bids. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. This shall include evidence of possession of a current license to perform this type of work. Non-residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida. General Contractor's license is reQuired or any certification from Florida Department of Transportation which Qualifies the bidder to perform the work described under these Contract Documents. 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 WlI be held on N/A local time, at the Key West International Airport, Terminal Building, Airport Manager Conference Room. Attendance by prospective bidders is not mandatory, but is highly recommended. The purpose of the Conference will be to answer questions and to familiarize potential bidders with the Project. ~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 ro 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 fiied 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 ra- 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. 10-1990, Monroe County (Ethics Clause) (Division I, Section L) L. Certification of Nonsegregated Facilities (Division I, Section M) M. Federal Wage Decision (Division I, Section N) N. Certification regarding Department, Suspension, Ineligibility, and Voluntary Exclusion49 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 Seal Coat Ramps. Markina. TIW A-9 Rehabilitation and Environmental Mitiaation Kev 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 Qn 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 extersion 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 Rorida 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 proiect 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 Prooram (AlP). and funds from the Work Proiect Improvement (wPIl ProQram administered by the Florida Department of Transportation (FDOT). 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are 10% 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 lOBE) POLICY and OBLlGA nON: 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 reqlired 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: ,~~/~ AtI'2.rHGtrr- ~~'7J;( ZZc.-" /2 ?~ ~V k1,.,.~ 'ZIt) 1N,6~r" J~.uA/I/IU.~, ~L" _~ :2,Z,~' Submitted (Date): LJcro&&~ 27 UJ",/ 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 MOl)roe 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: Seal Coat Ramps. Markina. T /W A-9 Rehabilitation and Environmental Mitiaation 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: $Mtd; NM/7).U/) n.,er(. t:'()u.!i ~a~ So, ~ ~LAl G' rW'.uv~ (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 qua ntities required for construction will not be allowed as basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of or a bid the sum of '7W&NYr-TWIJ 77JillLtA"u rWI'J N.4A1iJ4DJ 'nh~iSl1(~ollars ($ Z z. 210. 6.!r made payable to the Monroe County Board of Commissioners. bond for 5/0 ) Checkmarks ./ 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 .../ Prime Bidder's Qualifications: / List of major contracts in past 10 years r List of equipment and plant available for this project ./ Copy of latest financial statement /' Disclosure of Lobby Activities /' Acknowledgement of Receipt of Addendum /' Disadvantaged Business Enterprise Program . DBE Utilization Form "Attachment 1", Division III 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 .;s. Copy of Bidder's License for State of Florida, evidence of competency and evidence of financial responsibility 7f Bidder's Statement on Ins urance .k- ~iJ ~/i.. Q t.t-~ s~ (Checkmark items above as a reminder that they are included.) Mailing Address: ~?~.... .d'~r n~J,t/l4 2)A/ .:z;;vc- /27~ &u..cn-,'f' ~A-~ ~/~ We.-s-7" J~AI JAe..{,1!" rt...? 2-2-:;Y , Phone Number: flo-v...... .e Z(,- O/OlJ , Date: /~b-:p:/ Signed: ~'-r a~~~~)~ (Name) Witness: v/I' ~ -' ~L.s;n ~AJ.r-'" (Title) ~ 4-.-LJ.a.~~ (Seal) 1-16 10/19/2004 13'05 FAX 3306693062 AMERISEALINC ......... AMERISEAL J ArrACHMBNT "A- SCHEDULE OF BID ITEMS BIDP~ NAME: AIRPORT HAM.: KIIY wes'r INTERNA110..Al. ~RPORT PFe APP NO.: 8 AlP NO.: a.12..0037..z404 U'IN NO$.: PFL 0000118. PPL 0003229 PROJECT DESCRIPTION: SEAl... COAT RAMPS, MARKING, TM A.g R!HA8UJTATION. AND ENVIRONMENTAL MmGAnON SPI!C IIS'IIIIADD UNIT PlUCI! ElTENDED rreM No. IlEII DHCRIPT10N UNJT QUAN1m' IN fOrAL NUMBERS Mabilizlltion AT /W6flT'j '//ltJU-.f AnrJ) {)" 1 P.101~.1 Dotl~ La 1 2q Q(JO' ~ 2fJ,pp{)- ~ AND NO CtI\ta MalntenallC>> of air opw:atlons anta traMc AT HVt 7/rtUJ'mr/D 2 P.102.14.1 0011.... LS 1 S:()1J4'~ ~ PfJt}' '!- AND (1{p. / c.nts F1_ metldno bellow << white w.lh RIIKlive beada at 100% apPIiclltion me) 3 P-I2lJ.a.1 AT ~/I/~ SF 11.20D /.,.1 /1,/3f, ~. Dol..... AND hFT'/-77I~e. Centll OutIlna black print (no IWfIIKtIve belli.) AT PA/~ /,"~ F1,6~ .~ 4 P-l2O-l..2 DoIIa1'1 SF 17.300 AND rWo c.nt. Removal of ulslfng mMdnt AT ~;C/E /.~ 5 P-I2O-5.S DotIBrS ~F ',MO 't (g~? "- AND ,cIFr~&A/ c..,.. Slurry Seal (Type II) AT -rJI1f!L~ 3'~ 280, tll'~ . 8.001"'.1 DoflilfS SY 12,4111 AND fr"o,e,ry Cenb 1-17 Addendum No. PaGer IaI 04 10/19/2004 13'05 FAX 3306693062 AMERISEALINC ...... AMERISEAL I!lIDOeR NAME: A1RPatT NAMI!: KEY WEST IN~RNAnoNAl. A1RPOtlT PFCAPPNO~ 8 AlP NO.: 3.12-0037-2404 UPm Nos.: PIlL 00001.8, I'fL 0003ZZt PROJECT DESCRIPTION: SEAL COAT RAMPS, IlIARKtNO, TIW ..... R!HAaILITATlON, AND ENVIRONMENTAl MmGAll0N SPtoC ISTIIIATEP UNIT PRICE !XI'ENDED rTaI ITEM DiSCRIPTION UNIT IN No. QUANTf1"( NUIIIBQS TOTAL Conctete TIeoIlown ReIJlClWl AT ~W() du.~~ 2 .pO I~ ~f)-~ 7 Doll.... !A 72 1Jt)..-r- AND A/n Cents TI8odown cabte I1lmQV~ AT O/UC; /. f)!--. ~ ()Ot). ~ 8 Doll8111 LF 4.000 AND /Vb Co"ts New Concrete n~ ATHu~ .MMID~0 Dollars ~ ?!a?IJ() ~31 UJO'':- 9 101 --- AND /l/u Cents New tie-down cable AT "'-WO ?~ t.J~ .~ 10 Dol..,. LF 3,_ AND /\(0 Cents &nvIronmeftt81 m1Uaatlon 11 8-002-9.1 AT "7WJf,'Nry-EI4/(C ~a.r~L) LS 1 2.6. LJOtJ ~ 2l{ d~ on.l1I , J ptPO . -- AND 1'\/1) C8nbI TOTAL BID 1TEM81 THROUGH 11 J 9~ 14ft. () ~ \ 1-18 Addendum No. 1 Page ~ ~05 THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A31 0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Ameriseal Northeast Florida, Inc. (Here insert full name and address or legal title of Contractor) 1275 C.R. 210 W., Jacksonville, FL 32259 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) Merchants Bonding Company 2100 Fleur Drive, Des Moines, lA, 50321 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto Th M C ty B d f C ty C .. (Here insert full name and address or legal title of Owner) e onroe oun oar 0 oun omnusslOners 1100 Simonton Street, Room 2-213, Key West, FL 33040 as Obligee, hereinafter called the Obligee, in the sum of ---- Five Percent of the 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 - " (Here insert full name, address and description of project) Bid No. AlP No. 3-12-0037-2404; Seal Coat Ramps, Marking, T/W A-9 Rehabilitation and Environmental Mitigation, Key West International Airport, Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of October 2004 Ameriseal Northeast Florida, Inc. (Principal) (Seal) ~~.'" t!#h<r,., =, Merchants Bonding Company (Surety) (Seal) /{ct;tU n. &fAd Katie N. Bird (Title) Attorney-In-Fact & Florida Licensed Resident Agent :1i~ U:v..,-.-J (Witness) Inquiries: (407) 834-0022 AlA DOCUMENT A310. BID BOND. AlA <<:). FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. NW., WASHINGTON, D.C. 20006 1 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint April L. Lively, M. Gary Francis, Jack W. Guignard, Paul 1. Ciambriello, Bryce R. Guignard, Deidre A. Sullivan, Jennifer L. McCarta, Katie N. Bird, Margie L. Morris and/or Brett A. Ragland of Longwood and State of Florida Its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION (52,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affIXed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. ........ .. ,,6 CO.. .. ~~~....... '4tp.. "<b~"~ \\PO ~'::"-1';.. ..l;,) "'''''.;..c.. ."-':;;;: ~.. :~:- -0- 0:-. . 4~. 1933 :~: ..,,_. .c:::-. .-~"'. ..::-t. .,,~. 'J.~. ... ~it. .... ...~":.. .. ~ . ....... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~~7~ President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation desaibed in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. !j) . MARILYN BOYD . :\ Commission Number 10012 ow My Commission expires November 4, 200.4 STATE OF IOWA COUNTY OF POLK 55. ... Atf Notary Public, Polk County, Iowa I, William Wamer, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 27 dayof October 2094 MSC 0814 (2103) .-.. ... ... \,,6 Co -.. . ~~""""''4t.o-. ..~..~\\PO~..f..~. :~:,,:::! ""'.;..c.~ .....:~ -0- ~:-.: . :z.- ...... :4: 1933 .::: .~" ':::-t: .. ~" ..'J.~. ._~Ii"'"'' \"\~.. -. * . ....... ~4a.~~~, Secretary SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we: as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee, hereinafter called the Obligee, in the sum of: dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Seal Coat Ramos. Markino. TIW A-9 Rehabilitation and Environmental Mitioation Kev West Intemational Airoort 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 in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet such goals in the manner and within the time required in such specifications. Failure to supply such information as required shall result in a forfeiture of this bid bond in the same manner and to the same degree as though Obligee had accepted Principal's bid and Principal had thereafter failed or refused to enter into the contract with Obligee as set forth in the immediately preceding paragraph. 1-20 Signed and sealed this day of ,20_. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) Countersigned by: By: (Title) All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. (~(V tJ's 1~1~ c....~v JV 1-21 SECTION E DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: ~~~~ ~nr~-r k,t).4-,"2>.#" .:z;-,.....~ (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. ~ Date: rY:2.~~ 1-22 . SECTION F PRIME BIDDER.S QUALIFICATIONS Each contractor shall furnish with his bid the following completed and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: ~~~ .d,er~rru~oA, IN-L . 2. Business Address: 1z..7~M eIO~. J~~.dy',Uft. frL &.~z.S? - 3. Telephone Number: ?IJ~.... B"Z-t6,o/4?/ 4. When Organized: ~~,?7~ //.J /PB?, 5. Where Incorporated: h,,e /Q~ 6. How many years have you ~n engaged in the contracting business under the present firm name? /;{;) 7. What is the type of construction work in which you are principally engaged? ~""-g/~ ~,;t/,c/72fVI/A-N~~ C ?~&,n~Nr 4'1;t?~/,v~ - , 8. On separate sheet list major contracts in past 10 years. 9. On separate sheet list equipment and plant available for this project. 15. On separate sheet, list the last five (5) projects over $500,000 on which the contractor has worked, and telephone numbers. 16. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) 1-23 By: /o/-z~~ / ~h~~/..1'~ 41f!r#6kr-~~/'o/?, ..z.-,.vc:..-- _~~9~-:'= ~.~ &4'7/";.0:. 0C.4-A6Lt" Date: Firm Name: Title: Notary Public: /~d.,-~..., <d....:> NOT!?t!}RLEY ANN DAVIS ~, PUBLIC. STATe OF FLORlOA COMMISSION" OD115065 EXPIRES 05lO6l2OO6 BONDED THRU 1-888-NOTARVl .\,. 1-24 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 10 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: resentative Dated: LtJ?~"/ / 1-25 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum Signature Date No. ~L _ P'.-. ~~ /1)/ /:;/ (f)or/ v~/A . ~ I / ~ .' - 1-26 ~J rn AMr.J<l::ir.AL e * . __..-~_.I (8) ......... .- -~ -- NORTHEAST FLORIDA Post Office Box 4492- St. Augustine, Florida 32085. (904) 826-0101 FAX TRANSMITrAL SHEET fAX NO. 9048105999 /---, ( P, 01 November 19.2004 Mr. Andres Gutierrez URS Corp. 7650 Corporate Center Drive Suite 400 Miami, FL 33126-7466 FAX 305-2614017 BE: DBE Utilizatio. Dear Mr. Gutierrez: This letter is to address why the DBE goal was DOt met for the Key West Apron Project. The application of the thermoplastic coal tar emulsion is very specific in nature and requires special equipment. There are no DBB Certified contractors that do this type of work. As a matter of tact, there will be only one (1) subcontractor on this project and be is a certi1ied DDE COntractor (see enclosed). The remainder of the projea will be done with our own crews and we priced the project accordingly. We hope that this letter will help resolve this matter. We look forward to working witb you and bringing this project to a successful conclusion. . Sincerely. ~~~- G. M. artin n. . Vice-President . '.~ '.: ~ :1 !i I; '. ~ t..' ~ : 1 ~. ,.; . ~ 'i I I 1 , I I 'i " ~ , ", r, ~ ~~:2S FAI 33Q~062 AlIERISBALINC .~ , Florida ~ aJ .. .......... "l.t "'hhI.J." ....... -- uuwo_,~ ,..~ . ......~' WI. v.,..L. 'P'""" 11~ t,....aN.. L~~f - r~ ...... U4'JWm RB: DJ8ADV.un"AOBDB08INIVI8~ DMr u.. MHIck "De DlIpa...... it ,1. lit ) 1D .., ..~~* ""~ ""~ F. ,.1I)......~lJl.. .... ~jL ..... 11-- .................. tit - . .e, ~I"a..............~~.j ~ ... ,- .liJl~ ........;.~..J ~. .1I_.~T'r"" DBe~_$1.<,-"_"~ 1&............. ... ..L~"" (J),.. _'.- ........._ ......... If.,...,... iIIa"- 1 .... _. I . .j[ ~~ .A......JIi. _~. ~I~........ ......(J)~............. .., -.-....t. ....1D-.J.......- at,....--....- ....d 4l.t_~ Y...... -.,r::""" JIDOT ~Ull ... DIt8 Bm1ll1lilll'!t _I:. MAl-on- ~v..f ..~ .... 1 ~ ... .. ,,:. ... . . .. . ~-.........,~........ ." .' - 4 . :-.9: = -- '..... :r. ..~ 'It t ~~.:J~~ ::; '::": ~ V... :'1";''''. . . # . ..'.', , .. ........:......:, , .. ..-. ., . ", oJ'. .; ..,.. ..... .r;; '. ;..; 1: i': t '~l.C:'!: '";4 " '.' .. .. . .. .1INl..~.,. . AllER I SEAL raJ 02 ~...-. ... .. J lit.. flI., oIJ11'1'.... "DIll __ 1 w. ... ...t"",..t. ,... 01'" . - 'R1&r tTh, -" -*tI. a.. ., ~... ....,. r. . ___ . .... 10000r .. .....lrw ., ~ at. ... ......-,. ~. . . . : I ... "'.. --':'.. . ,,,. . .. o. . . ~ .... . '. '. . . .;} ( rn Hnr.t{l ;:,r.HL 4 12:21 FAI 33~3082 rHA NU. ~U~m1U:J~~~ AlERlSEALINC , AlERISBAL r. U,J /lI 03 ~ 'J ~ Pre '- ~ Far. ~ l-..lun: __ w. AIrpott AmeCt .... ........ we., WIll................... -= In..- .' I ',' " 'I I 'J J , I ~ ",1 ..... .... ~ A~. .......... 8IIIc* _.... SGAL ... 2~ A. ..... I I 3& *,.. . I " ~ j :1 rl ".Iill' ,.... W=IucII: "'''''illI_ ~Rrr.,.", 0ftIr. ... at ..... m 111/. AdIIIIonIt 11 MAwa .....hawCMf ... T'" I i ...,.. I . ~~~:.~ : ] ~~ ... 11112G04 ~~.., r- I I I I t, ~ ~1 . ( . ! SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Contract (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Names/ Addresseslldentitv* Dollar Value of Subcontract Work Subcontract Work Item DIuE' /0 ~ ~D(!J~...2..4. /V~ ~JC 77H:T WI)A!.~ /Vd aAL /fl,e~ 4v#/~~ n 2;).0 .,-#~ r Vr/1JAttA: Total Dollar Value of Subcontract Work Total Dollar Value of Basic Bid Total DBE Percent (Round to nearest 1/10 percent) $ $ 0- o o % *(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 Intene, shown on Division III - Section 150-07 -Other Contract Provision-. 1-27 SECTION J BIDDER'S AFFIDAVrr IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) )SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeare~ // fi _ _ ~41- (,.-Her/A) 7' who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of ~~~ ~~~;<Nr ;:;U;/ttIt>,tIJ L...Jc.- (Name of Bidder) being its Vlc..~ - 'P#l#.s i7:>5A/.,-- (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: a~.d~r- ~~;VdeY e ~d:Y/",J ~ h6~/_~ ~;(i!77rEA"'rr h",tZ-~~. ~ /'L~? t!"u--,,)TY ,e:,~1> 2/0 W#r/ J~I/Il.-c,~ . ,t::~ 31..2.. sr9 - . 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 slbsequent 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 1-28 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 / B d/4 C D TOTAL: $ Signature of Authorized Representative: ~~~ Wce- ~~~'--q~ Title 7~ STATE OF FLORIDA COUNTY OF: .de. ~d J - {I The foregoing instrument was acknowledged before me this ~ay of ,.a~^- . 20#. by ~ . M . ~~I;" -Tr (Sole, Corporation or Partnership) /7 b who is personally known to me or who has produced v__~ ~ as identification and who did/did not take an oath. ' ,a~~ (Signature of ry Public. State of Florida at Large) _ 5t~; ~y All 2;JoVd (Prit1t name fA Notary Public) My Commission Expir~s t)*~/~~ NOT~.w~~'~~~~A COMMISSION "~115065 EXPIRES 05lll6l2OO6 BONDEOTHRU1~~OTARY1 1-29 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. 4.r:pd".' 3'/'2"/JO~7., Zt/Oc/ . for ~t ~sr- r-PTE,eA/~r/ON~ ~/rl~;t:.r. ~ 2. This sworn stat~ment is submitted by a / ~~~.AJ;:r- ~ IL, /l'A1~ ."v,~~ ~~ ~ .(name of entity submitting sw6iTI statement) whose business address is /Z7S U ~/O ~ J~Y;aE,. PL 3z...2.~ .>9, z913 "'~S:;"A ~ ~ and (if applicable) its Federal Employer Idemification Number (FEIN) is: .PI,.. tl.9 tB 2.. a,s-G, (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is my a. ~ ~,er;...J ~ - (please print name of individual signing) and relationship to the entity named above is J//u ' ~.s ,."2>~ ~. 4. _ I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material mis-representation. 5. I understand that "convicted" or "conviction", as defined in Paragrc,ph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 1-30 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 pub Iic 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 B true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Y 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 1-31 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: ~~ '- ~ v:~ - ~~ P~4/r- Title /rz~if Oat / STATE OF FLORIDA COUNTY OF: ~ U~ The foregoing instrument was acknowledged before me this ..:2.S"-/1, day of ~ 204, by G: AI. a~~.? 7C" (Sole, Corporation or Partnership),? who is personally known to me or who has produced ~..~ g-,,<- as identification and who did/did not take an oath. . / a-LJ~ My CommisRior. Expires t1l~~~ SHIRLEY ANN DAVIS II/OT A1tY PUBlIC . STATE OF I'LORlDA CO~ION tI 00115065 EXPIRES 05.'06I2006 BOIl/OED THRU 1-88&-NOTA1tY1 1-32 SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE C4 ~~ -n-- warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percertage, gift or consideration paid to the former County officer or employee. ~d~ Date: /r~~ ,. STATE OF: ?k~ COUNTY OF: ~. ~f ~~~ ./ PERSONALLY APPEAR 0 BEFORE ME the undersigned authority: ~ who, after first being sworn by me, affixed hislher signature (name of indiVidua/ning) in the space provided above on this 02.5-~ day of ~~.L.. , 20 tJ . _ . L2~~;, ary Public, State of Florida at Large} --Pov/~ tJS-~~~dJ~ / , My Commission Expires SHIRLEY ANN DAVIS NOTARY PUBlIC. STATE OF FLORIDA COMMISSION # 00115065 EXPIRES 05lO6l2OO6 BONDED THRU 1.$8-NOTARY1 1-33 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 performtt,eir services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term .segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on.the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcortractors 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. ~~- i re f Contractor v{~ ... ;:>~S- ,.)>4C'v r Title ~34 SECTION N FEDERAL WAGE DECISION Use the JaBst publication or the attached publication dated 03/02/2001 (for Highway) if that is the latest list issued for Monroe County. 1-35 GENERAL DECISION PL010035 03/02/2001 PL35 Date: March 2, 2001 General Decision Number PL010035 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 structures in rest area projects; railroad construction; bascule, suspension and sprandrel arch bridges designed for commercial navigation; bridges involving marine construction; other major bridges) . 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 1-36 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 preRcribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v) ) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination, * a survey underlying a wage determination, * a Wage and Hour Division letter setting forth a position on a wage determination matter, * a conformance (additional classification and rate)ruling 1-37 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 The request should be accompanied by a full party's position and by any information description, area practice material, etc.) relevant to the issue. statement of the interested (wage payment data, project that the requestor considers 3.) If the decision of the Administrator is not favorable, party may appeal directly to the Administrative Review Board Wage Appeals Board). Write to: an interested (formerly the Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D.C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FLOI0035 1-38 SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1. 5190) The bidder/offerer certifi~s, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debartment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. ~~ ~~. Title 1-39 CONTRACT DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND ..............................................................11-2 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ...................................... 11-4 SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS...................................... 11-5 SECTION D - CONTRA.CT ........................................................... ........ ............................... 11-6 11-1 GUIGNARD COMPANY SURETY BONDS January 13,2005 The Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 Re: Authority to Date Bonds and Powers of Attorney Principal: Ameriseal Northeast Florida, Inc. Bond No.: FLC8718 Project: Seal Coat Ramps, Marking, T/W A-9 Rehabilitation and Environmental Mitigation, Key West International Airport, Monroe County, Florida Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Best regards, Merchants Bonding Company J{tdU n./Jue{ Katie N Bird Attorney In Fact and Florida Licensed Agent 1904 BOOTHE CIRCLE · LONGWOOD, FL 32750 PH (407) 834-0022 / (888) 220-3780 · FAX (407) 260-1767 / (888) 220-3228 · www.guignardcompany.com BOND NO.: FLC8718 Executed in L Counterparts SECTION A PUBLIC CONSTRUCTION BOND By this Bond, We Ameriseal Northeast Florida. Inc. , as Principal, whose principal business address is 1275 C.R. 210 W.. Jacksonville. FL 32259. (904) 826-0101, as corporation, and Merchants Bondina Company. 2100 Fleur Drive. Des Moines. IA 50321 (800) 678-8171, a corporation, as Surety, are bound to Monroe County. 1100 Simonton Street. Key West. FL33040. (305) 292-4441 hereinafter called County, in the sum of U.S. Dollars $444.612.00 (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20 between Principal and County for construction of Seal Coat Ramps. Markina. T/W A-9 Rehabilitation and Environmental Mitiaation, 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 Statutes. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Date on 20 Project Address: Key West International Airport Monroe County, Florida 11-2 PRINCIPAL: Ameriseal Northeast Florida. Inc. Address: 1275 c.R. 210 W. Jacksonville. FL 32259 BY~~~' SURETY: Merchants Bondine Company Address: 2100 Fleur Drive Des Moines. IA 50321 By: ~jzi 17 &tel Katie N. Bird Attorney In Fact & Florida Licensed Resident Agent Inquiries: (407) 834-0022 Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. 11-3 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. FLC8718 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint April L. Lively, M. Gary Francis, Jack W. Guignard, Paul 1. Ciambriello, Bryce R. Guignard, Deidre A. Sullivan, Jennifer L. McCarta, Katie N. Bird, Margie L. Morris and/or Brett A. Ragland of Longwood and State of Florida its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature th ereot. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. ..,;6-CO.. .. ~'V..,. '" ..~/O... ..~~.,~ \\PO -'9.j"~.. : c.,:'~ ~". ~ ~ :~;- -0- 0:-- . ~': 1933 :':::: .J'.. .~. .'~'. .'~. .. If.'. .......c::::-. . ".:Iii....... ,,,..... ... {::{ ..- ...... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~~7~ President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ri.. MARILYN BOYD ~ f Commission Number 10012 o ~ My Commission Expires w November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. .... . ~ Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. in Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this MSC 0814 (2/03) ..,,,(1 co.. .. ~'V.,..... /1f'.,o.. ..~~..~ \\PO ..9-1"~.. . . <:., ""'.~. . c.,:C!:' rf". :~;- -0- 0:-- . 4.:. 1933 .: :::: ..~'. :~o .veY." .~C::::-.. .0 ".:IiV........'0 .0 ... {::( ..- ...... day of v~~~~, Secretary SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED 11-4 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Seal Coat Ramps. Markina. TIW A-9 Rehabilitation and Environmental Mitiaation 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 duing 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. .~~/kL- ~Alfff~ ,6~;?;~.f~ Contractor :9: ~~~~~ H:- 11-5 SECTION D CONTRACT TO CY)" <! ..... ;-';:; ..J ~"--^"':: L;::' La- 0'\ :;:~..:,.: U.J __ ::J c..:> l- G:: ~ 0 .;z: - ~:;::: 0::: :::> 3 co ..J~8 b. Nc,,_~W 0:: :,- ..J 0 c> 0- ...:::<..)~ ~ TIdfs At;R~ME~ ~and 9"tered into the J~ day of f},m' I ';000;- .- byand betwee'1~ Ih~ h"J2-I()~, zPc.. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. Seal Coat Ramps, Marking, T/W A-9 Rehabilitation and Environmental Mitigation Key West International Airport 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: Seal Coat Ramps. Markina. TIW A-9 Rehabilitation and Environmental Mitiaation Kev 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 /ita.!.. ~7:l;er.:.~ H,ery-~t=d /~.u""/t,';) $,,)(' #U~2)~~.iF/...E)ollars ($ 44Lj (P /t. .,;: ) in accordance with lump sum and unit prices set forth in the proposElI. 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 agreemer:tt. 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 agreemert 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 sha" 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 everd 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 sLreties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within 1 five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. ,. c<;:~~"~~:~:~'~'"' IN WITNESS WHEREOF the parties hereto have executed this agreement oll;~~Y"'~".' and date first above written in two (2) counterparts, each of which shall, Witho~J5~~i~'U'> \:~' . ~ accounting for the other counterpart, be deemed an original contract. . [,:'5 \ (:~~~ ...~~ .~\ ~~dr~ H:';a/~ Qc- ""Ie... 0;, '\ . "~J~':'l,J ~(contr actor) .... '5 (Monroe Coun~B ard Of)J;mi .... <.'. '.' . _.~:;..:~':~~ 7 /7.-/ _ /1.. / · ~ ;""",' '/(r'.J.(}.)J.~;Jf( By: ~fr ~~ 27 By:,,(."~ 'U . ' -..-.,- , Title: \I? Title: M tt,iI Or'" j,I; c e- -President* J.---l9 APP. OVED A n..7 BY DATE WITNESS: ~,~ WITNESS:~~X~ ~ STATE OF FLORIDA COUNTY OF A.~ -_/~~~ . . . Notary Public I, the undersigned authority, a N~;,a!y Public in and for said County and State hereby certify that G, At. ~ h whose name as ~,a , of _ Is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seallhis,,2'!,t,( day of ?.du,.-~ . 20<6. NOrlltJ~~tiT~~Xb~DA COMMISSION" 00115065 EXPlRES05/06I2OO6 IlQItDEDTHRU 1-...orARY1 *'Who is authorized by the corporation to execute this contract. ~. \ ~ .... #,.. " - '" '. .j ., .:;~''. 'd,. ,~ 1~: 11-8 .-.. .~. "'''''--''-'''-'-'~~'~'''-''-'''~'--'''-'' .....--_....--,_."'....,~~ -'-. GENERAL PROVISIONS DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS............................................................................. 111-2 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS .................................111-8 SECTION 30 - AWARD AND EXECUTION OF CONTRACT ..........................................111-12 SECTION 40 - SCOPE OF WORK ....................................................................................111-14 SECTION 50 - CONTROL OF WORK.............................................................................. 111-19 SECTION 60 - CONTROL OF MATERIALS .....................................................................111-27 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC.................... 111-31 SECTION 80 - PROSECUTION AND PROGRESS.......................................................... 111-44 SECTION 90 - MEASUREMENT AND PAYMENT ...........................................................111-51 SECTION 100 - CONTRACTOR QUAUTY CONTROL PROGRAM .................................111-59 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS (PWL).................................................III-68 SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM ......................................... ...... ...... ...............111-74 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION....... 111-100 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.......................................1II-101 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .................111-109 111-1 DIVISION III - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADDENDUM. A modification of the plans or other Contract documents issued by the Engineer and distributed to prospective bidders prior to the opening of the proposal. 10-05 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. 10'-07 AIR OPERATIONS AREA For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-08 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-09 ASTM. The American Society for Testing and Materials. 10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 111-2 10-11 BID BOND {PROPOSAL GUARANTYl. 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 ITEMt. 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 representatve 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 tie 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 pertinert 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 hislher 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 hisfher 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. 1 0-45 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. 1 0-47 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, material~, 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 man made 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 hislher 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 ti me and place for submitting sealed proposals; a description of the proposed work; instructions to bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any and all bids. 20-02 PREQUALlFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit H evidence of competency" and "evidence of financial responsibility" to the owner at the time of the bid openino . 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'tlone and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculatiors 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 exacUy 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 rmterials 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 inva Iidating 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 ctBracter, 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. l 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 teen 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 hislher 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, hislher 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 hislher 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 l1e 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. U~less 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 ax:ordance 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 OONDS 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. m..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 non performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements sp~cified in the order, and shall contain arty 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 gereral 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 dir~ctly, 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 tiUed 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 G., 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 line~, 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 tes1s 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 hislher 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 CONSTRUCTIOtf", LAYOUT AND STAKES. The Engtneer 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 hislher 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 AUTO MATI CALL V 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 hislher 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 1I~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 1U-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 GUARANTE E 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 Eng.ineer. 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 b 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 FAAAC 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 wo rk. 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. I-bwever, 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 hislher 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 eject 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 rranufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 111-29 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shal 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 1n-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 nece'ssary 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 m.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 fapilitate 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 reqLirement 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 hislher health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control hislher 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 compJiance 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 hislher 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 hislher 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 'Nithheld 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. m.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 non execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries a 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 property 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 indicat~ 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 hislher 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/h~r 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 hislher 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 T 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 hislher 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 he 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. m..41 g. Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. h. Applications of chemicals flnd bitumens shall be held to recommended rates. I. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor 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 rondition 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 1I~3 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 shal 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 hislher 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 AI R 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 b 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 1I~6 deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures whe re 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 knoWl 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 hislher 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 cortract 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 noti ce 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 sl:lms 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 within1he 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 l1e 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 oth-erwise 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 hislher surety of its obligation for and concerning any just claim arising out of the work performed.0 END OF SECTION 80 III-SO 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"!or 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 shal 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 a 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 viii be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as ence, 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 toleral"Ces 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 hislher unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR 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 security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, 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 Ergineer 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 E~ineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with sati~factory 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 contra,9t, 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 Gontractorshall 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 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. C. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No _ partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. A. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed III-59 under this Contract and shall specifically include surveillance and tests required by the technical specifiCations, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effe~ive level of quality control. B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least seven (7) calendar days before the Preconstruction Conference. The Quality Control Program shall be organized to address, as a minimum, the following items: A. Quality control organization; B. Project progress schedule; C. Submittals schedule; D. Inspection requirements; E. Quality control testing plan; F. Documentation of quality control activities; and G. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control PrOgram that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned 111-60 shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: A. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: 1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. 2) Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. 3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. 4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). 5) Highway materials technician certified at Level III by N ICET. 6) Highway construction technician certified at Level III by NICET. 7) A NlcET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being 111-61 notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. 2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be req uired for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the 111-62 technical specifications. The listing can be developed in a spreadsheet format and shall include: A, Specification item number; B. Item description; C. Description of submittal; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of 'the technical specifications. All-equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. B. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ens ure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. 111-63 The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: A. Specification item number (e.g., P-401); B. Item description (e.g., Plant Mix Bituminous Pavements); C. Test type (e.g., gradation, grade, asphalt content); D. Test standard (e.g., ASTM or AASHTO test number, as applicable); E. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); F. Responsibility (e.g., plant technician); and G. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous 111-64 quality control inspections have been performed and shall, as a minimum, include the following: 1) Technical specification item number and description; 2) Compliance with approved submittals; 3) Proper storage of materials and equipment; 4) Proper operation of all equipment; 5) Adherence to plans and technical specifications; 6) Review of quality control tests; and 7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. B. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: 1) Technical specification item number and description; 2) Test designation; 3) Location; 4) Date of test; 5) Control requirements; 6) Test results; 7) Causes for rejection; 8) Recommended remedial actions; and 1n-65 9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be sgned by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of mntrol (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individLBI quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. A. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or hislher authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. B. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where 111-66 the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: 1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. 2) Order the Contractor to stop operations until appropriate corrective action is taken. END OF SECTION 100 111-67 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for material to be sampled and tested on a statistical basis, the material will be evaluated for acceptance in accordance with this section. All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot that is within specification limits. This concept, termed percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests for the lot and the specification tolerance limits (L for lower and U for upper) for the particular acceptance parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or QU for Upper Quality Index) is computed and the PWL for the specified n is determined from Table 1. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: A DMde the lot into n sublots in accordance with the acceptance requirements of the specification. B. Locate the sampling position within the sublot in accordance with the random sampling requirements of the specification. C. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. D. Average all sublot values within the lot to find X by using the followilg formula: X = (x1 + x2 + x3 + . . .xn) / n Where: X = Average of all sublot values within a lot x1, x2 = Individual sublot values 1I~68 n = Number of sublots E. Find the standard deviation Sn by use of the following formula: Sn = SQRT[(d1*d1 + d2*d2 + d3*d3 + . . .dn*dn) I (n-1)] Where: Sn = standard deviation of the number of sublot values in the set d1, d2 = deviations of the individual sublot values X1, X2 . . . from the average value X that is: d1 = (x1 - X), d2 = (xn - X) . . dn = (xn - X) n = number of sublots F. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL = (X - L) I Sn Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. G. For double sided specification limits (i.e. Land U), compute the Quality Indexes QL and QU by use of the following formulas: QL = (X - L) I Sn and QU = (U - X) I Sn Where: Land U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below PU for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the following formula: PWL = (PU + PL) -100 Where: PL = percent within lower specification limit PU = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Test Item: Example Project Item P-401, Lot A PWL Determination for Mat Density. A 111-69 1) Density of four random cores taken from Lot A. A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 n=4 2) Calculate average density for the lot. X = (x1 + x2 + x3 + . . xn) / n X = (96.60 + 97.55 + 99.30 + 98.35) /4 X = 97.95 percent density 3) Calculate the standard deviation for the lot. Sn = SQRT[ ( (96.60 - 97.95)*(96.60 - 97.95) + (97.55 - 97.95)*(97.55 - 97.95) + (99.30 - 97.95)*(99.30 - 97.95) + (98.35 - 97.95)*(98.35 - 97.95)) / (4 - 1)] Sn = SQRT[ (1.82 + 0.16 + 1.82 + 0.16) /3] Sn = 1.15 4) Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X -L) / Sn QL = (97.95 - 96.30) /1.15 QL = 1.4384 5) Determine PWL by entering Table 1 with QL= 1.44 and n= 4. PWL = 98 B. PWL Determination for Air Voids. 1) Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3.25 2) Calculate the average air voids for the lot. 111-70 x = (x1 + x + x3 . . n) / n x = (5.00 + 3.74 + 2.30 + 3.25) /4 x = 3.57 percent 3) Calculate the standard deviation Sn for the lot. Sn = SQRT[ ( (3.57 - 5.00)*(3.57 - 5.00) + (3.57 - 3.74)*(3.57 - 3.74) + (3.57 - 2.30)*(3.57 - 2.30) + (3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)] Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10) /3] Sn = 1.12 4) Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn QL = (3.57 - 2.00) /1.12 QL = 1.3992 5) Determine PL by entering Table 1 with QL = 1.40 and n = 4. PL = 97 6) Calculate the Upper Quality Index QU for the lot. (U= 5.0) QU = (U - X) / Sn QU = (5.00 - 3.57) /1.12 QU = 1.2702 7) Determine PU by entering Table 1 with QU = 1.27 and n = 4. PU = 93 8) Calculate Air Voids PWL PWL = (PL + PU) -100 PWL = (97 + 93) - 100 = 90 IIH1 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Positive Values of Q (QL and QU) Limits (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 97 1.1496 1.41 00 1.5427 1.6181 1.6661 1.6993 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4716 93 1. 1269 1.2900 1.3508 1.3810 1.3991 1.4112 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 91 1. 1 089 1.2300 1.2683 1.2860 1.2964 1.3032 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 87 1.0597 1.1100 1.1173 1.1191 1. 1199 1.1204 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.,200 0.6921 0.6781 0.6701 0.6649 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592 55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 50 0.0 0.0 0.0 0.0 0.0 0.0 111-72 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of Q (QL and QU) Limits (PL and PU) n=3 'n=4 n=5 n=6 n=7 n=8 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 13 -1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4716 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 111-73 SECTION 120 CONSTRUCTION CONTRACT -CLAUSES AIRPORT IMPROVEMENT PROGRAM 120-01 LABOR PROVISIONS 1 . Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a v"eek, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is 111-74 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. (2) (I) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMS control number 1215-0140.) 1U..75 (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed dassification 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 contracti ng officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 111-76 withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages 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 eqLivalents 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 incLrred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of 111-77 Management and Budget under OMB control number 1215- 0140 and 1215-0017.) , (2) (I) The Contract~r 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 stBlI 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 tie 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 IU-78 the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or \ criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant a 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 11~79 in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. 111-80 Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the ,applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trairees 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 dause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by anyosubcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. 111-81 g. Contract Termination: Debarment A breach of the Contract clauses in 29 cFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. I. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. j. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) ofthe 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 maki ng false statements is prescribed in Criminal Code, 18 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AlP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or 111-82 permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, sLCh 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 111-83 are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. 120-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Eaual Emplo vment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) 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 111-84 origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demon~trate their participation in and compliance with the provision$ 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 to ward 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 7 a 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 collecti ve 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 1I~85 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the 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 Contracto r 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 on site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of mirority 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 lU..86 person or woman sent by the Contractor. or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop oll-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 witten notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for 111-87 the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment 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 mino rity 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 (7 a 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 7 a through p of these Specifications provided that the 111-88 Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women haw 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 m-89 employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy' this requirement, contractors 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 Reaulrements. 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 Fede..ral 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--90 color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the F M 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 F M, 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 F M 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 induding 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 sl..l;h litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Eaual Employment Opportunity Clause. During the performarce 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 insLre that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action 111-91 shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising that said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in E>ecutive 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 Sectionn 111-92 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; 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 ReQuireRlent 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 substartially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith 111-93 effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from female employees or trainees from contractor to 9Ontractor 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, teleptDne 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 EE0-1 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, EE0-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: 111-94 a. Nonexempt Contractors/subcontractors are not exempt based on 41 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 Nonsegregated Facilities. 1. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Nonsegregated FaciUties 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 CDnstruction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. 2. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities. a. A Certificate of Nonsegregated Facilities must be submitted prior to the award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal Opportunity Clause. 111-95 b. Contractors receiVing federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This. Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Seareaated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location; under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directivtls 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 111-96 States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a 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 111-97 Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 6. Subcontracts. The Contractor shall insure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontractors which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to 111-98 benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. T.o 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 ant Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. END OF SECTION 120 111-99 SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2E "Operational Safety on Airports During Construction". In addition, the Contractor will be required to comply with all Safety and. Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 130 111-100 SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, nOIr renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 111-101 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $100,000/$500,000/$100,000 WC2 Employer's Liability $500,000/$500,000/$500,000 WC3 X Employer's Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As-a minimum, the required general liability coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,OOO/person; $300,OOO/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,OOO/occurrence $ 50,000 property damage or $500,000 combined single limit 111-102 $ 500,OOO/person; $1,OOO,OOO/occurrence GL3 $ 100,000 property damage or $1,000,000 combined single limit GL4 X $5,000,000 combined single limited Required Endorsement: GLXCU GLLlQ Underground, Explosion & Collapse (XCU) Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, NOlrOwned and hired vehicles Required Limits: VLI $ 50,OOO/person; $100,OOO/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,OOO/person; $300,OOO/occUTence $ 50,000 property damage or $300,000 combined single limit VL3 $ 500,OOO/person; $1 ,000 , OOO/occurrence $ 100,000 property damage or - $1,000,000 combined single limit VL4 X $5,000,000 combined single limit 111-103 MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project BR2 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max. value of anyone shipment PR01 Professional Liability $250,OOO/occurrence PR02 $SOO,OOO/occurrence PR03 $1,OOO,000/occurrence POl1 Pollution Liability $500,OOO/occurrence POL2 $1,OOO,OOO/occurrence POl3 $5,OOO,OOO/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,OOO/vehicle) GK2 Keepers $500,000 ($100,OOO/vehicle) GK3 $1,000,000 ($250,OOO/vehicle) MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VlP1 Hazardous $300,000 (Requires MCS-90) VlP2 Cargo $500,000 (Requires MCS-90) VlP3 Transporter $1,000,000 (Requires MCS-90) - Bll Bailee Liability Max. value of property HKL1 Hangarkeepers' Liability $300,000 HKl2 $500,000 HKl3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000/occurrence/$500,OOO Agg. AE02 $500,OOO/occurrence/$1,OOO,OOO Agg. AE03 $1,OOO,OOO/occurrence/$3,OOO,OOO Agg. 111-104 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY DEDUCTIBLES Liability policies are: ~ Occurrence D Claims Made ~/? tJ. ~we-L6 eJ, d, Insurance Agency ~~ Signatu BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. ~/~ ~~ ~~/e~.:z;;:c- B ctder ~ Signat r . . 111-105 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: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 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 AV1 as assigned by the A.M. Best Company. If the Contractor has been approved by the Rorida 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. 111-106 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $1,000,000 per person $5,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-107 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $5,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $1,000,000 per person $5,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-108 150.01 150.02 SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DEFINITIONS OF TERMS The terms used in this program have the meaning defined in 49 CFR Section 26.5. OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23) The County has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The County has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the County has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the County to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT -assisted contracts. It is also their - To ensure nondiscrimination in the award and administration of DOT assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT assisted contracts; and To assist the development of firms that can complete successfully in the market place outside the DBE Program. The Airport Manager has been delegated as the DBE Liaison Officer. In that capacity, the Airport Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the County in its financial assistance agreements with the Department of Transportation. 111-109 150.03 150.04 150.05 NON-DISCRIMINATION (Section 26.7) The County will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the County will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. DBE PROGRAM UPDATES (Section 26.21) We will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE (Section 26.13) The County has signed the following assurance, applicable to all DOT- assisted contracts and their administration: The County shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the County of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 111-110 150.06 150-07 REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29) Contract Assurance We will ensure that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national aigin, 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 Pavru~nt We will include the following clause in each DOT -assisted prime contract: The prime contractor ag rees 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 wthin 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 nOIrDBE subcontractors. OTHER CONTRACT PROVISIONS 1. Bidders List If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each DOT-assisted contract. DOT's "Sample DBE Program" interpreting 49 CFR Section 26.11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. Recipients that choose to use another method would not include such a clause in their DOT-assisted contracts. 111-111 2. Good faith efforts In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every DOT -assisted contract, but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those DOT-assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's DBE program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both 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 no ndiscrimination 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. 111-112 DBE participation in this contract may be in form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26.55, "How is DBE participation counted toward goals?" or 26.53(g), both of which are included as Attachment 2. 111-113 ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of utilization on this contract. % DBE The bidder/offeror (if unable to meet the DBE goal of %) is commited to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By Signature Title 111-114 ATTACHMENT 2 LETTER OF INTENT Name of bidder/offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar values as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor.) 111-115 SPECIAL PROVISIONS DIVISION IV SPECIAL PROVISIONS SP-1 - PROJECT GENERAL REQUIREMENTS..................................................................IV-2 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCiNG...................................................................IV-22 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES ................................................IV-25 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAlDS AND WEATHER BUREAU FACILITIES .................................................................IV-26 SP-5 - RESIDENT PRQJECT REPRESENTATIVE ...........................................................IV-28 SP-6 - SAFETY AND SECURITY REQUIREMENTS.........................................................IV-29 SP-7 - LIST OF DRAWINGS ...............................................................................................IV-34 SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE (N/A) .....................................................IV-35 SP-9 - TEMPORARY FACILITIES .................................. ..................... ................ ...............IV-36 SP-10 - DEWATERING...... ....... ........ ................... ............ ............ ........... ...... .......... ...............IV-41 SP-11 - PRECEDENCE OF DOCUMENTS ..........................................................................IV-42 SP-12 - FINAL PAY REQUESTS AND RELATED FORMS................................................IV-43 SP-13 - SOIL BORING REPORT AND LABORATORY TESTING .....................................IV-48 SP-14 - ENVIRONMENTAL MITIGATION SPECIAL CONDITIONS ...................................IV-57 1V-1 SPECIAL PROVISION NO.1 PRO.JECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Kev West International Airport which is located between Flaaler Avenue and South Roosevelt Boulevard. Florida. on US Hiahwav No.1. 2. SCOPE OF WORK. The purpose of this work shall consist of a mixture of emulsified asphalt, mineral aggregate and water; properly proportioned, mixed, and spread evenly on an existing course ramps shown on the plans. Also, under this work the contractor shall apply new pavement marking including outline black paint along taxiway "A" and aprons. Additionally, the contractor shall develop T IW A9 rehabilitation consisting of demolition of the existing asphalt pavement and installation of a new asphalt pavement structure. Finally, environmental mitigation shall be done consisting of filling in existing abandoned mosquito ditches. 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 sha II 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 1V-2 attention of the Engineer who will then issue directions regarding a solution to the conflict(s). 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. The project layout surveying may be accomplished duri ng 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 veHcles or heavy equipment shall be within 200' of the centerline of Runway 9-27 or within 73' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and hand tools will be allowed within 125' of Runway 9-27 centerline, at the turn arounds and TIW' 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 runwa y centerline during aircraft operations. E. No survey men or equipment will be allowed on the runway (100' wide) or taxiway (50' wide). Pavement during survey work periods will not be allowed unless authorized by the Engineer. F. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies. errors or omissions between the actual existino conditions and the Contract Documents. he shall within fifteen (15) calendar days prior to Bid Openino. notify the Enoineer in writino. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 1V-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 fllll 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. 1V-4 B. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold weekly general project coordination and progress meetings at regularly scheduled times conve nient 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 fun-time Ftoject 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. 1V-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 1V-6 (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that criti cal 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 N-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 e>Gsting pave ment 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 re 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. 1V-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 fo~ight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the access point onto the airport. The name KEY WEST INTERNATIONAL AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shal 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 Pubic 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 1V-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 clealrup 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 pa}fTlent. 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 operabie 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 1V-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 mate rials. 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. Ove rhead Protection 1V-11 1) No cranes or other construction equipment shall cross over nOIr 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 admiristration 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 testirg 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 includ ing, 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. 1V-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 indude 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 C<?pies 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 Dr 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. R~cord 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 indude 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. 1V-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, cha nge 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 l1e 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 1V-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 tom 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. 1V-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 conti nued 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 1V-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 certi fied 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. 1V-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, includ ing 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 Punch list 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 1V-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 ]13, 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-mainte nance 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. 1V-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 miscella neous 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. 1V-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 rela tion 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 goveming 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 com pie tion of the associated work have become the Owner's property, dispose of these as directed by the Owner. 1V-21 SPECIAL PROVISION NO.2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: 1. Notice to Proceed (Permits) A Notice to Proceed will be issued ten (10) days after award of contract, for the Contractor to pursue obtaining the necessary permits. This Notice to Proceed shall allow the Contractor to obtain any necessary construction permits which will be required to accomplish the work. Also, during this notice, the Contractor shall order and deliver materials, equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during this time. 2. Notice to Proceed (Construction) The Contractor shall suomit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No.1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. This Notice to Proceed shall include all the construction activities necessary to complete the work in accordance with the Contract Documents. Sixty (60) calendar days will be allowed to complete this work. 1V-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 (Permitl 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. Sixty (60) calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the daytime unless 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 1V-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 shall 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. An inspeciton shall be performed by the owner representative to insure the runway and taxiway are clear of any 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) Contractor shall demolish existing asphalt pavement on T/W A-9 and construct new asphalt pavement according to the plans. 11) Contractor shall install temporary air and water pollution control. 12) Contractor shall apply pavement marking along taxiway "A" and apron as required on the plans. 13) Contractor shall apply seal coat on ramps as required on the plans. 14) Contractor shall develop environmental mitigation consisting of filling in existing abandoned mosquito ditches. 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. 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. rv -24 SPECIAL PROVISION NO.3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO PROCEE DESCRIPTION CONTRACT TIME T COMPLETE NOTICE TO PROCEE (PERMITS) Thll notlc. "'all allow the Contract. .btaln any n8C8UI construction permits required to accompll.h the work. AI 0, during thll time, the Contractor .hall order and d.llY.r all, equipment and .uppll.. needed to complett the work. ...... construction actJyltln .hall be accom~ and the Alrpo .hall remain open to aircraft operation. during the .tage. A.SAP. . Demolition and reconstruction of TIWlll NOTICE TO PROCEE . Sell ~oat application on existing ramps. (CONSTRUCTION) . EnVIronmental mitigation. . Marldng application on taxiway -A- and ramp.. MulmumH Cal.ndar Days TOTAL CONTRACT TIME: Schematic Construction Scheduling and Staging are Included In the pi.... with the rk and operational codnInta for Informal purpoa.. only. Th.y are Intended to re IIaxImum 60 vlabl. con.tructlon .equenc.. that the Contractor may .Iect to Implement. Thealendar Days Contractor .hall ultimately be ....pontlbl. for .ubmlttal of a detailed on schedule to the AlE for rRw 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 olrsite construction) activity is being accomplished this time. Notice to Proceed (Construction) Seal coat ramps, marking, TIW 1T9 rehabilitation, and environmental mitigation: If the Contractor fails to achieve final 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. 1V-25 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 bcations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excava tion within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly dear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposed to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Q:mtractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires 1\1-26 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. rv -27 SPECIAL PROVISION NO.5 RESIDENT PRO.JECT 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 <BfB}. 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. rv -28 SPECIAL PROVISION NO.6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction Seouencino. 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 tbe Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activity and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent 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. N-29 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 am 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 OtIer 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 torclrcutting 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 -30 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 oorricades 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 nOlrwork 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 goss 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 -31 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 Slall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designa ted 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. Vehicle permits shall be assigned in a manner to assure positive control of 1V-32 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 nOIr supervisory personnel of the contractor and subcontractor shall be issued a construction worker security badge supplied by the Key West International Airoort, said badges will be issued to the Head Contractor for said project. The head contractor shall maintain a master list of all personnel issued said contractor security badges. The list shall be made available for the airport security unit inspection during all hours of construction on the airport. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact number for its security officer. Upon the completion of the FBI check, the contractor's issued full airport access badge for the EYW (SIDA) will act as escorts to all other personnel. The definition of escort will be explained during the airport training seminar. H. ManaQer or Director. The work on the Key West International Airport shall be under the direction of the Airport Manager or his authorized agent(s). _ I. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. J. Contractor shall maintain security at all times during construction. K. Payment. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. rv -33 SPECIAL PROVISION NO.7 LIST OF DRAWINGS The drawings which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the contract supplementary to the specifications are as follows: Sheet No. C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 C-16 Description Cover Sheet Index of Drawings, Summary of Quantities, Safety, and Security Requirements Project Layout Plan and General Project Notes Safety and Phasing Plan Phase I Safety and Phasing Plan Phase II Safety and Phasing Plan Phase III Safety and Phasing Plan Phase IV Safety and Phasing Plan Phase V Safety and Phasing Plan Phase VI Typical Sections and Details Marking Layout Plan Marking Layout Plan Marking Layout Plan and TIW A-9 Geometry Marking Layout Plan Marking Layout Plan and Tie-Down Details Grading Plan rv -34 SPECIAL PROVISION NO.8 RESIDENT ENGINEER'S (RPR) OFFICE THIS SECTION IS NOT APPLICABLE N-35 SPECIAL PROVISION NO.9 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facili ties to be provided regardless of methods and means selected for performance of the work but not by way of 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 adja cent 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 co/'Btruction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authori ty 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, nOlrhazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Re'.1ew 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). rv -36 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 clealrup 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. W-37 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, rol~type toilet paper holder and a supply of standard, rol~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. N-38 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workmens' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequate Iy 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 mate rials (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. 1\1-39 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 clean~d up and returned to its original condition to the satisfaction of the Owner. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and mayor may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or Iimerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered ncidental to the project. 1\1-40 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. 1V-41 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) 1V-42 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) 1V-43 ATTACHMENTS rv -44 APPLICATION FOR PAYMENT FORM IV -45 >-.l!l J .oe: "0 CD ai[ o.tll ('II - e:o. CDe:.8"O ClCD e: i~ tll ~ I/) ~i a; tlltll~~ j2.c.clll"O I/) c.l!l.- ~ "E .... ~CDe:CDe: 0) 8~1/) 0) ~"E ~fij ~.- E 00) :a.. c.5 :>. -~ 8.e'f6[m lU 15 Q. ~~ e:- .c .... ~ :8~~ fi ~ .E :::J 0) ~ c: '5 "0 80 '5 .~ S .e ~ ~ 0) ~g ~~:61/) I/) 0 ~ > u e jg ~ ~EC:c "0 a. elll ~.~~~[ a. o e III ;.; <( ::EU:: 0 Q) 5 == tll "E ~ o >-ts a. a. 0 Q) ~ ii~~~ I/) 0> 5... I/) ;s - ! ~8.~ ~ 0) lU e C "0 CD lU 0 0> Q) :e CDetll E .c Q) U I- 0) ~ ~ 50.5 e Q. lU 05"fi"O ~ "0 "0 e !i Q) 0) E '(ij 5~'~'-lii E > Q) .... 0 e H~~l~ e 0 u Q) Q) Q) .s ~ ::J 10 en 0:: E ::J a. '5 c C:...:C:~ c: E en a. C ~ Ul :>. CDtll ~ '5. lU 8==~~ 0 .... tl <( 0 *- Ul E .c ~ dj "0 0> a.. Ul i ~ ... CD .9 ~ :>. I- 0> ....! Q) 'c ~ CD E Q) Ul E c:-gtll~:6 "0 c: E "0 ::J u:: c: 0 "0 0> ::J Q. Q) 0 :>. .2>tlle:-B~ tll .S:! 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"0 iii: CD U "0 I/) "0 W t'O 0 ~ CD "0 "- 0 CD :li- e> oe( 1!4~ c: t'O J:: 0 SPECIAL PROVISION NO. 13 SOIL BORING REPORT AND LABORATORY TESTING IV -48 CaI- Tech Testing, Inc. · Engineering . P.O. Box 1625.1.ak8 City, R. 32056-1625 · Geo~echDlcal 6919 DIslribulion Avenue s~ Unit.s. JacksonvIIe. FL 32257 · EnvIronmental Tel. (388) 755-3633 · Fail (386) 752-5458 Tel. (904) 262-4046 . Fax (904) 262-4047 I\HllHIIOHII,> August 14, 2003 ,~ '" '. ,ijg&mgwm SfP 2 3 2U03 I URS Corporation 7650 Corporate Center Drive, Suite 400 Miami, Florida 33126-1220 ........................ -.A Attention: Andres Gutierrez Reference: Geotechnical Investigation Report ApronlTaxiway Connectors Key West International Airport . Key West, Florida Cal-Tech Prt:;.ject No. 03-388 Dear Mr. Gutierrez, Cal-Tech Testing, Inc. has completed four pavement cores with Standard Penetration Test borings at the referenced location. Our work was planned in conjunction with and authorized by you. The purposes of our investigation were to determine the general subsurface conditions in portions of the paved. connectors for which subsidence of the pavement has occurred, and to present preliminary recommendations for remediation. Site Investigation The pavement cores and Standard Penetration Test borings were performed at the approximate locations indicated on the attached Boring Location Plans. These. locations were jointly selected on site by Cal-Tech Testing, Inc. and your firm based upon a visual examination of the pavements. In general, the borings were performed in . areas for which obvious subsidence of the pavements had occurred. The Standard Penetration Test (ASTM 0..1586) is performed by driving a standard split-barrel sampler into the soil by blows of a 140-pound hammer falling 30 inches. The number of blows required to drive the sampler 1 foot, after seating 6 inches, is designated the penetration resistance, or N-value; this value is an index to soil density or consistency. Findinos The borings encountered 2.5 to 8 inches of asphaltic pavement over an undetermined thickness of generally medium dense to very dense limestone. Lenses of "Excellence in Engineering & Geoscience" generally loose, sandy silt were encountered at two boring locations at depths on the order of 2 to 5 feet below the pavement surface. Ground water was encountered at depths ranging from 1.3 to 2.6 feet. For a more detailed description of the subsurface conditions encountered, please refer to the attached Boring Logs. Discussion and Recommendations Based upon our findings, we believe the pavement subsidence that has occurred is due to compression of sandy silt lenses located in the immediate subgrade soils. It is likely lenses of sandy silt are present at all four boring locations, even though they were specifically identified in only two of the borings. In areas of significaW1t subsidence, we believe the existing pavement should be removed, the sandy silts excavated, and then the bearing soils and pavements replaced. Replacement soils should consist of limestone placed in maximum 12-inch lifts, and each lift should be proof-compacted to a minimum of 95% of the Modified Proctor maximum dry density. The replacement pavement structure should match the existing pavements. We appreciate the opportunity to be of service and look forward to a continued association. Please do not hesitate to contact us should you have questions or if we may be of further assistance. Respectfully submitted, Cal-Tech Testing, Inc. ~ 7 John C. Dorman, Jr., PhO, PE Geotechnical Engineer e:f A"'/o'J ]"Z6 fZ,. Linda Creamer President / CEO B-1 Water Table: 2.6 ft. Soil Depth (ft) N-value Description o A!5phalt (8") 10 I T T I I I , I I 29 Medium Dense to Very Dense, Light Tannish Gray 56 LIMESTONE, Slightly Silty 5 67 Dense, Gray, SIL TV 41 LIMESTONE Dense, White, SIL TV 43 LIMESTONE 60 Dense to Very Dense, Tannish Gray, SIL TV LIMESTONE 15 15.0 ft - Termination of Boring 48 B-3 Water Table: 2.2 ft. Soil Depth Cft) N-value Description o Asphalt (3.5") Medium Dense, Light Tannish 3 Gray LIMESTONE, Trace Silt Loose to Medium Dense, 14 Tannish Gray to Brownish Gray LIMESTONE, Lenses of Sandy 7 Silt 5 10 9 Medium Dense to Dense, Tannish Gray LIMESTONE 35 49 Dense, Tannish Gray LIMESTONE, Lenses of Sandy 10 Silt Dense, Tannish Gray LIMESTONE 45 15 15.0 ft - Termination of Boring B-2 Water Table: 2.5 ft. Soil Depth Cft) N-value Description o Asphalt (2.5") Medium Dense LIMESTONE with 20 Lenses Dark Gray, SANDY SILT 50+ Very Dense, Light Tannish Gray 5 I . I. 50+ LIMESTONE with SILT 5.5 ft - Termination of Boring B-4 Water Table: 1.3 ft. Soil Depth (ft) o N-value Description Asphalt (3.75") Medium Dense, Light Gray 21 LIMESTONE with SILT 7 Loose, Light Tannish Gray, SANDY SILT with Limestone 6 Loose, Brownish Gray SANDY SILT, Trace Limestone 30 Dense to Very Dense, Light Tannish 50+ Gray, SIL TV LIMESTONE 44 Dense, Gray, VERY SIL TV LIMESTONE 5 Medium Dense, Light Tannish Gray LIMESTONE with SILT 24 15 15.0 ft - Termination of Boring Boring Logs: Key West International Airport t:: o e- <C - CO C o .- .... CO C L. CD .... C - J .... fI) CD ~ ~ CD ~ .~ . . c CO - Q. C o .- .... CO CJ .- .... .- .... c CD "C - L. o .... CJ CD C C o o I I I I . I , I \ ~ '\ I. I \ I ~ . \ I . . \ I . , \ I '. , \ I . , \ I " . . I '"', . '- I . . '-. I ". . ". I ...... . I I t '1" ... I I In :: _ II '-. =..~_Ll__.__ 3= 1 I N I I I I I I I I I I ....1-.- :).:';\ I ",.A.. :.'l.J.:..J. 1:,<,;: . ' : ': '''''"''. I, -: / ~ . '., .' 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" j .;:: i It:::' . i 1:>...4~~ :w: ,('\,.'. , ' .1.. ,'~ r: ., ' ' ~ '.:. ' , ' f' ..\ ,- \ \ \ \ \ \ , \ , :ri ~~ ~ E:' UJ.- \ l... , \ \ , \ ...) '-~ v ~ ~ ~ ~ N ~ ~ o ...., u Q) c c o o . . c CG - 0.. C o 0- ...., CG U o ...I C) C 0- ~ o m SPECIAL PROVISION NO. 14 ENVIRONMENTAL MITIGATION SPECIAL CONDITIONS The following work needs to be part of the Item No. 19, Specification S-002 "Environmental Mitigation", and shall be included in Attachment "A" - Schedule of Bid Items: 1. Replacement of an existing concrete culvert within the western mosquito ditch with a i-inch thick steel plate and the placement of two additional steel plate crossings of ditch to allow for emergency vehicles access. Also proposed is the filling of the eastern mosquito ditch with berm material remaining from the original ditch excavation, facilitating emergency vehicle access and eliminating a safety hazard. This eastern ditch area is to be filled to an elevation matching the surrounding grade. 2. As part of the environmental mitigation for work in mosquito ditches, this work shall include, but not be limited to, furnishing and installing thirty-three (33) Black Mangrove and all other incidental material necessary for the successful planting of the specified material. 3. All work shall be in accordance with the Contract Documents, applicable Federal, State and local rules and regulations, and regulatory agencies (South Florida Water Management District, and Department of the Army). See attachments to follow special conditions. 4. This work will be paid for on the basis of the contract unit price for environmental mitigation (S-002-9.1) per lump sum, which price shall be full compensation for all labor, equipment, material, and incidentals necessary to satisfactorily complete this item. IV-57 . "'. Ea' ') SOUTHFLORIt)A.W.l'ERMAN.AGr:MENT IlISTRICT eNVIRON"UiHl"~Rr:SOURCe $1At4QARQQENERALPgMIT.NQ. .u.0014$..S bATGISSUED: O$cemtW9,2003 ,.~ TN \~'fi. ~/dO\&1c.2Jd.!l \Y!,-~, ...............2... .1 . .... Ofe 1 . .2003 DJ Form 10941 0&'95 +.~~......... ~.Jr. J. 1 ~_. PROJECT LOCAnON: PERMIT DlJR.A110N: PERMmEfitMONftQECOUNtyOOAflP QFCQQNTY . COMMISSIONERS 5OOWHlTEHEAOSTREs:r KEYVVEST,FL 3304Q.. l;3y_.,~_ PROJEeTDESCRIPTlON:8If<fgIng andfUlJogot tf'ieeastijm anO.w8$tern .mO$qUito dftohesWitnio the Key West lrtt~tional AIrpOrt. ... . .. MONROEOOUNTY, $EC3,4TW~ 6aS. RGE 25E S~eSPGCiaf COnditiorl No:1, $QfJatt~dled RuIe40E..4;~2:1iFforidaAdminlsttativa Code. [iJrn ~ rn IT tV ~m tmAUu 0 5 4fI1M ~ Thls.lS:to noti1y..)tOII.ot fl. otsvitfJ. ageocyactloo ~Nolt?(tofln~t. f9t l'lJrmltApplk:8.tlOn Np;030822.2Q, datS(i AugU$t22; 2CiO~, 'Th1$~1i taket) pufStlllhHo RUI&.4()E~l.~aI'ld. Chapt.,.4OE.40. FIoddaAdnilnI8trtdlw~'F:itC~l. ~~theltltOlmatfol'l provlded,01$trlet ~.tlaveb(llilnaclliSrodto aodanEnvironmootat R&s6Utq6 G~n&f1l1 Permit Ism effect for this project subJeCt to: . 1. ~ l'~'fllac:! ~$tfQ(.Chaptef.f2q,FlQddaS1atut.., admlollltmtfveh&arlng. ~. thellltaehtJd f9Geoeral Cotldl~. (S"ryja>>4 ofS). 3. the alIached 13 ~CondItJorl. (see p..: SlSof5) end 4. thealla~7.E#1Iblt($), Shoukf)'OlJ~ 19..~. ~,~rG~~.Ihe~"NoticfJofRight$..~~$Iht~ure$tpbe kilIoWedlfyou ~..a p!Jljk;~ .OfQlhEw ~.of....~. ~ed.~actlon. .PIElU8contactmf$oj'tjeelfyPtl hav~~!.1uesUOo&~ll1I09~ tna1tet. If wedq noC~front..yqu ln~ Wllh.1tle~tfce of Rfghts...~ Will e$5um~ that yolJ<<>nctlr With.ihe Olstrk;:t's action. CERTI"lC""'EOr$~aVICE f HEAEaYceRTIF'fthata"Not~pfalghts. haS been m~lledJo th~P$fTI'llij$e (and lhepersOns USleti1f1thG 8t;tacbed:.l:istrit:>utI<<i HSt)notaterthan5:oo.p.m..onthia9th ..day of. Decembef..2()('j3j Inaecoroance withS(jCtion ~~'~~~/~~Ua;~ Robert G.. RObbins Director- N~tura(Resouroo Management P~,rI'l Beach$ervlce Center Certifiedrnail number 7003.101000042566 8346 PIl9i;l1 olS FILE COpy RECEIVED DEe t It 2003 ay:. zflzIJ, z..o3 - 0> \ '1 .1 Last Da1&FOfAg8tlcy Action; 16~OEc-2003 GENERA1..~RON"ENTAL.FlESOUI!Cep~RMrr$rN:f.."~R". PfojeetName: Key West Jtlternational Airport{Kwia) Permit No.: 44-Q0149-B Appl~tlon No.:030822~20 Appllcat'onType:.Environmental Resource.(~nt1taJPerrnlt MOdificatk)l)) loCt1tton: MQnr~ \?Qunlyi $3t41T68SIR25E Perm~ ; MQnroeC\,>ooty Soard.OfCoontyCommisston$l'$ OtJerat'no Entity: P~rm1ttoo Project Mea: 1 acres ProlectLancf lJstJ: AirporlRelatedFacmties Special OralnageQlstrict: NA Totalkret Wetland On$"e: .OS Tolal ACl'esWetland PreservedOnslte: .03 Total Acres Impacted Onalte : .03 TotalAcreSPrftvlMitCOmpensationOnstte: .03 Ccmservatfoneuement ToOtstrict :No SOv~nS"bmergedLands; No ~1;I!: i~ ~~ ~~~ ~ ,; .,,~~.. ~ ";;>~~?.:jt' ,.~~: "~'\' :~:j\,~~,,,) ~ j','~,. ~ ~ " ' ModUicatiQnofanEnVironmentaf Resource Pe.rmitto~rlzebridg1hgand.flIlingoftWO ~XiSting mosquito ditches Wltbin the K~yWe$tlntemationatAlrport propef'tyfQr~afety P~rp<>s(is. Staftr~d$~pprovaJ with conditions, App.t'lO. : 030822.20 Page 1 of4 -~. PR~CT IV~UATlqtl: ~~;l~~~;f'~:~k.:Ji~;~~~::;~t:;~i ,;)(~fil~tJ ~~, ,~t~<~:'~~,:Yv::~'i, "\ ~ ,'~,~:~ 'v' ~ "+,," ~> , . The_Is fooatecfWftf11tl the KeyWest Jnt$matlOnaJ~rpOrt.lnthedt:yQf KeyWest. ;~;J!~"~~'\~'::I~;~;J; ~ ...;'~ ~*'r~:/~>~^f.U~)~~"':;", .....,t,~~)~(;{4,.(:~''"-..>,';v ~ ,';'~:~ .:~>, , " " ;' " : Proposed I$thernQ<fifiCatiQhQ( PerrnftNum~r 44~14t.~ fOt~tepICl~ent of an &xf$tk\g~rete culvert\Vittilnlhe~Stem mO$qultoQitch wflha 1 ~..U1ick$t~.pl8,1e and. thepla<$fl1$nt.OftwQad<ftlOOal steelpta~d'OS$lf'l9$Of.thedltch toalJoW for e~~~it:te ~ss;~ .Jkoposed..ls the flUIn9 of the east~ f1'IOSqtJ~ 'ditch Wftb. bennmaterial . rsrn~ . from ~...orl9'nal dttCh.exca~tiPn. facUitatli'l9 emergencyvehiqkl 8cces$andeiminating asaf~ty ~rd (iEXhlPlt 2). . . If :,,~~. f' f ."tiJ.' ",'h'C'. ,-,",;1' ",'d"';""J"A,t,,'-'.; '~~~' .,,")0'.' ",."p ~". ". ", ..' '," . ,..' i ' 1 ""~ ..,..,._~." ""$~{.f..,,.,~ ':. >f. ,,~v~'3:,,~v,ti-;.. ~4t.:.:;:;;,<t.%-j: ,,0 ~;..,.."." :%.1'--,{~<:-,,~ ^, ~ ",<-~ t, ,,<, + v.',,,, ..,. <v^-'<~ v,. '" .... ;~, " , ...__."'~", ",. v":< yo: >;J: "z v^ ..- .:(: ~^' ',-'1', >>~.: >;. ; > cr. " ..- , '; ,> ^ , NQ adverse wate(qualitylmpactsareantieipat~as ,aresultoftheptoposed pr()~t 'I ....~ ^...... <<:..- ~ ~ I "7 ^~::>:: ^ , ): ... . "''' >,....,..." '^ t, >, ~ < ~:- ^ ? ..:S ^' ' ' lt~~", 'li ~.:)t".\,,<<{ ,/ " ~;" ""~\,^~"'" ' . '"," '". ',. , ' , , ,~t'<r.;<),,~,;^^"t "'tv...., ,,'\:,:,~ :.,v ^' ~ '<"'~^t; ~~ V'J ' __''''' :- ~ < ^ .... " '> > < Wetland DMcrIptlon: -;", The Mea surrouriding thewestem dltchconsists of exPosed.r9QkWIth.$CQner$dSliIt marsh 9~S~$, Water within the ditch .1$. approxfmately 2.5 lo3.0foot In depth aod $upp9$ small fish. The western terminus. of. the., ditch is.. parttalJyObstructeq bydElbrls . and rubble,. The . E\lQstit'tg culVert withlnhJ tHIGh. is crushed, furthwresti1ctfnQflowW!th1n the ~. . The eastetnditchl$rair1falldriv~n<\NalerdfJplJls range from beingdtY to hfoofof water. V~eta~fon a$$OCiat~wlth'.ttw' dltch.isprimartryblackr'nangt'ovepffl:}umatQphQres. Wetland Impacts: Wetland impacts a$$QOfated wlth the three $teelplat~ crq$sings propo$:ooacross UieW&stero (iitchtotaf 21~sqV~re f~t(O~()OS.acra). '. Vegetative COn1t!1unitY khP~C.s w~remitl'mttedto thegre1ile$f~xtttJnt practicable. bysel$CtingCt'Osslng !bcatiMs th~lt h~ve been prev1ou$IY$carified and suppol1 mlrtlmial vegetafiVe coverage (ExhIbit3), Filllng of 1he eastemditqhwtil impact 1.093 square feet (O;Q25-acre)of wetl~dveg~tation (Exhibtt4). This area lsproposedti:) .be.fUl~to anelevatiMrrtatehingthe$ltfrouTlolt1g gradea./'ldwill remamajutlsdictiol1al wetland; pursuant to flule62.34Q, Florida Administratlve Code. Cohsequently, thi~ area<1s alsQ listed in thaacreage of mingaticm. Mitigation Proposal: Mitigation IhCfudedas part.qftnis appHcatfoo is proposedaftwo dtfferentl(>QstiOn$wffhin tbeKWIA. Rernoval',ofthe po'lapseqculvert ~rQnS' with. OObrisand' rvbblere!ll()val~S$~iated.wi1h the western, ditch will result In 52.5 square feet {O~OOHlere}clenhariCement Which will res.ult from Improved water movement through the ditch (Exhibit 5). Removing the eXlstlng.spoJlberm adjac:ent to. the eastern ditchWHlrestore historical wetlant;igraoes.wlthltl this 1,093 square foot (<:)'025~acre) area, App,no. ' O~822.20 Page 2 of '" 'j Wt)lle th& majority of the. required m~atlon~lgn&d to off&etWetlan<1impactSas$()Q~ Wftll thl$ pl'Op()$al is contain&dwtthln. tftltrappflCatJon, the rernalnd&rof Jhe the. reqfjJrtldmJDgatiOn. (OJ)07..scre) wIN ~.PfO~ 1n&$&OC1atlQ(l with ERP AppUcattonNumb6t031~l'6(AprQr:f amcfT~lmpro~eI1tsat KW'A)currentlyunderrevtew. . . Wetland Inventory: CONSTRUCTION NEW~IAMQSQVITO OrrCHi;$ ONSITE p....oeveRtpment Post-Development. ..03 Fresh WatarH&I'ba~ Total: Total EJdItJft9 ,03 ~rt~~~ ir;/1ti';,y*:f~J~J:~:r~s::Y ',~~ ~.:" ?~ < +( \. (; ',' .::: ",' ': ; " , J' ~~ "v, '> > ~, >, ~ '~:' :~~ . ,. - . .... ,. ... ... . The..proJ&ct.$fte.does.. not contafrtprefertedhabitatfot ~~.endaI1geredor threatened wildlife . species O(.tpeCfe$ of specfaf concem. No weu~ endangered/threatened. speeles. or speqies. ofspeoial concern. were~onsite. and submlttedinforrnatiof'llnd~tes that potEJotial use Of hi $ite by aU9h s~le$.is.minlmal,. This pepnit does not refieva the applicant from complying ..wtth all appQcable rufesand any olhe(~~' ~trements if" in the future. eOOangeredlthreatened species or S~ft)s ()f .peoial~ .re.d1$coverCiXlon.th&.slte. 'ij::1;,jl;i{"'i~,iit~!J,;''{\ q1 'I;:1JbJli't 1~ e3.E$:"J;:,~efl;:ti~lt:;JiqitL'. ~j ;f~~::J::{'Ll.'ff :'>'t')l1c:" if' " , It i$a~tedtbattbt~rmitt~e retM1. the sBtvices (If aProf~ional Engineer f~gf$t(fr$d In the State of Ftorida foTpet1()dK) <>O$el'Vctt<<m (}fCOO$tructkmof th&surf~cewatf)rman~ern$Ot (SWM) systtm.. This wid faciUtat~the OOJrlpftltioQ of ooostrl)Ctioq CQmpletion .certif1CatIon . Form#t0881. Whumls reqUired pursuant to ~.100ftft&. Basi$of R~view10r Environmental Resource PermitApplications within llie South Florida Wat., Management Distrlcl.>and Rule 40E-436l(2), FlOndta Administrative Code (F.A.C.). PutsuanttoChapter40E-4 F.AC~,thispermit may not be. corwertedfrotntheconstrt1C1lonpha~ to . the o~rati~ pha$e..untifcerltfication of. theSWM system Is ..SUbfnltted.tO..~.aooel'tedby thi~Oi$trlct. .. Hule. 40~.321(7). F.A.C.statesthat faituretocomptete construction .()f.. th6$WJ,1s~temEU1d ob~n operation phase approval from theOistrlet within the permit duration shall require a new permitauthO!iZation Ul'llt:tSS a permftexten$tQO is granted. for $WM$~ternsp~itted With anopGraUng entity Who 1$ different. from the ~OTlitf$e. it.sh9t,lldbe.ooted that until the perrott istransterred totMoperatilg entity pursuant to Ru194QS;.1;6107, FA.C., the permitt~ is liable for compliance with the terms of this permit. Theperrnittee i$ advisoo that the efficlencyof a SWM system win oormallYdec,easeOYet time unless the sy$temisp~riodically maintained. A sIgnificant reductiOn in f10weapactty can usually be attributedtopartiaf blQck$ges of the CQnveyancesystem. oneeflowcapacityiscomptQtJ1I~Q(;fvrl<>odln9 of ttle project may result, Maintenance of theSWM S}'$tem Is required to protectthepubllc health,safety and the natural resources. of the state. .. TherefQ($i. theupGtmittee. must haveperiodjc. InsJ)eCficms .of. the.. SWM systtm1 perform~toensureperfQm'lan~fC)r..flood.Pl'Ot&Ctlonandwat6rquality:purposes.ffdeficlencies. arefouod, itis the responsibility oHhe permitte&tocol'TeCtthese deficiencies loa timely manner. App,l'lO_ ; 030822"20 Page 3 of 4 . . RElATED~Hcp~: Water U...PcWmftStatus: Th&appflqanl.ha.tndioat9dth~t~at~ring .i$...~requiredtorcon$trt:JQtiOf)ofttl~proJ8Qt. HI$t()tleaIlArcfteoli)gtc4l.f<<~""': No ioform8tlOr1.has been reeeiv(t.d lhatmdicateS.theprese1'1ee ofaroha~atot. .hf$lorlcalr8$ourees..()r thattheprop()l.l~ actMtiea.COUkt.caU8e advet'S~lnlpacts to ti~eoJpgk1ator hf$tOtlcaI.re$()U~; DCAl~N CC>nIJ$lency R.hlwt ~Olstrlct hasnQt rece1ved.~gqf~rislsteooytrprritheFf()rida D~tC)f~mvnft.yAffafrs or other oomf"l$ntlng agencies regarding the provision&ofthe.f~raf..Coas~IZOhe.M~entPfan. Enforcement: There nas.ooen. nQenforoem~ntactlvityassociat9dWiththf$appticatlol'l' ~T~ 5e.r!~: DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: ~_.~ Edward CronY"'. . DATE: /"/r 1&73 IZ/.....r/......03 DATE: . ........ .. App.oo, : 030822-20 f1<illG 4of4 ATTACHMENT C1 Location ,of Ditches & L. d Use ClassificationsFLUCCS) S.cale: 1 "=1 ,129' Source: 2002 FDOT Aerial EXHIBIT ;L lTTACHMENT.C2 Western Ditch ) EXH I BIT 3 ;u~:2002FDOrAerial ATTACHMENT C.3 Eastern Ditch ~~.{~ ~..........,.,",~...... . ". ,_..r+( '10. ,A." :.........,....;t~._. ....., .. ~~ l __ t ~~- Scale: 1"=72' ., '(i .'J Source: 2002 FDor Aerial Notes: AeriaHakenpnorto clearmg of 250ft wide R.t.mwaySafety~Cl(RSA)north.ofexlstin9 runwaycentel1ine AustralJl'ie Plnes have been removed as of May 2003 EXHIBIT y ',. , SPECIAL CONl):t'1"tON$ . .Permit number 200~1()025(LP-RPM) 1. 'turbidityscreeps shall be installed to completely sUrrt>utldartd isolate the work from a.djacent waters. until ttlrbidityhas settled. :2. :the applicaJ;lt. mtJs.t. comply withallgenera.l and special Oq:nditicns required by the EnvIronmental Resource Permit issued by theScuth Florida Water ManFtgemerit DistrICt. 3. The permittee snaIl remove the ;lpoi.lm~terial u$.i.ng metbods th~tw6uld be lea.stdi.,sturhingto . adjaoent wetlands using small eqtJipment (bobcat or small backhoe) w.i th "Balloon" tires. 4. Placement ofstE:!el.cplyerts and removal .ofexisting concrete culveJ:'t sha.ll be achieved using a method that is least dist14xping to wetlandsa.nd wet:l,;irid vegetation. 5. Xf futtJreoperatiohs by-the United States reqUire theremqvalt relocation or other alterationt of the structures or work herein a.~thorizedtcr if, int;he opinion of the Secretary of the Army or his a'Uthori2:edr~presentatiye, said structure or work shall cause unr~asonableobst:ructtori td the free navigation of the navigable waters, the p~rmittee sh~ll be reqtJ.ir~d, upon due notice from the Corps of EngiTleers, to remove, relocate, or alt~r the structural work or obstructions caused thereby, without expense to the United States. Nbclaim shall be made against the United States on account of any such r~moval or alteration. 6. Within 60 days of t:he authorized work ang mitigatiqn, the attached Se4.f.;.Certificat:i.on Statement;:; o~CJ.91!\EJiancemust be cqmpleted and subtnitted to the u. S~Artl\ycorps .of .En~ineers. Mail the completed form to the Regulatory Di\rision, Enforcement Bta.uch, At te:ltiou: J-1$.Lisa Abernat-hy,flQst Office Box 4970. J~qksonville, F'lorida32232-001.9. 7 . Th~ permitt~e~h~11 inform all :futU:Ce potential property owners dIall permit requirements. 8, O$e of the permit.ted.!tctivitymust.not interfere '....iththe publics right to fre!? navigation on all navigable\olatersoE the United States. Enclosed is a Notice of AUthorization. \<lhich shonldbe displayed at the const.rlJGtion site.. ~lhen youhegin work, you must notify the District Engineer' S 'tepreserltative, at the appropriate area office as sho\t,in on the enclosed map, of: a} The dat.e of commencement of work.; ) } c. The dp.te of final completic:m. b) The dates of work. suspensions i:mdresumptibuS if\+lork is sllspendedoyer a Week;and.J If tnewqrk autnqrized ianct completed onot" before June 12, 2.00.9,. this authorization, if.r1ot .previo.'l.1s1y .:r:evQ~ecl or specifically extended, shall ceaSe and be n.ull and yo.id.. You. are hereby advisedthat.thi3 followingoptiontl1l are available to you in your evaluation of this :r,etter of Permi$siQI1: You may accept the Lette.r ofperniissionor you ~ydecline to accept the . Lett.erof Perrnissionbecaus~ you qpject to certaip te:tmsand conditions therein. If you decline this Letter of Permission, you mUst ieturnthe Letter of Pe:rmission to the District Engineer and may noC proceed with the work until notified by the District Engineer. Your letter to the District Engineer mUst outline your objections to the terms and conditions of the Letter Of pe:r.-rrtission. 'lour objections mU$tpereceived by th.eOtstrict Engineer within 60 days of tl1eda.te of th.isN'otification of Applicant Options (NAO) , or you will f9rfeit your rignt to request chang~$ to the t,erms andcpngitlons. of th.e Letter of permission under this appeg.lpr<:>cese. upon receipt of your letter, the Dlsl:.:t.'ict Engineer will evaluate yourobj ection.s, andmayfaimodify the Letter: of Permission toadd:ce:ss.a1.l of your concerns; or {bJ mod:ify the Letter QfP(:1;tj::ni$sionto add:tess s8ine of your obje~ti6ns/or(c} not modifY the !"ietterof permiss:LOJ;1. Xr! a.ny of these: three cases I the District Engineer willsetld you a. final Letter cd: permissionfo:t yourreconsiderati6h, as well asa notiflcatj.on of appeal {f,11\P} form and a requ~st foltappeal (Fl.FA). form. Should you. gecline theE inalte~te.:r of Permission, Y01.1 c~n appealtl).e declined Letter of Permissfonunder the Corps; of Engineers Administrative Appeal Prbcess by submitting the completed RFA f9rmto the Division Eng.ineer. The Division Bnginegr must receive t.he RF'A within 60 days of the date of the NAP that 'vias tta11smitted with the second Letter of Permission. If you hayeany q\lestionsregarding this permit authori=ationt please contact Rick Milloy at the letterhead address or by-telephone at 305-289,..8928. ~. o o C\f ... N ~ ~ 13 ."J ... . r:/1 (Xl c:G t-'i 0... ><: Eil (/) H co co Q . ~6b ~ .l!zJ 4-+ o .tJ) ..~ o o ! o o +oJ cd +oJ rn ~ G.} +oJ -a p \ i .p.. cu... cd ..t4... J.t) c>> ~ Q;a U ..... ..,. ..... ""..cR ~ CI. ..w ~. ~.. e.. 4) .... .~. ... ..eCS . +,.. n';S 4) ... -a VJ i .J>. p.. aE: ~. .~... u A.... . ."".... ........"... en ~ v =as= 0 .1:1" u!'i~i6 s:I. 4)... ..b A. ....CO.. ... .... .... .,.I:l..p .... .\0.'" ... ... .1>... .tt... > .... ...1=1. t ~.aS ..0 .!to. ! t21<~ t r; :::s.. ....... cs... ",II 0 ual j;4 ~ ~. ... $.aJ"'~! U .... ..... .~... JIl:i. b t-.o . 'It ....1 d~.,t:08rn o ~ ..... 0.. (II) ...4.) o ..,.. R... i.... .. .t:Ia . .... ~Ve.. . ;;ili1J as......... .4)..U.. ..... .. .... ..... ............ .... . h.. 4). ..r>.cc.... .......!Gl .I>..C) w6' -;...... ...M1... o .&lCdc:lU .\M.. Su .. 0_.0 "k u.. ~.rIJ ~ ~.. .'!.....~. =CI. tJ..... .:s ; 'tt ... .... 0 .... ..~. Q u. 'S .. ...0 .~.. .fA ! t .:$.....t... =..11' ~ 'it If CI1 BEI..~...~ : " < ,.". ~ ':. \.a:... ..... ._.. -.. :\1\..1" ~ .~ .. .p.. ~ . p.. ...J.. - 11) ('t. o o ....... ro o o .CSI. ... G ...~ ~.I... J:I. ... .... ... u.............u ~...a ,.'\.0. ~ W .c= .. t3 .., == ...:.. ~ G t.. ........ .... ...... u U "k ..a S ~. o .0 JI. a:i:...U Q t-t o .~ Key West International Airport Monroe County, Florida TECHNICAL SPECIFICATIONS Seal Coat Ramp, Marking, TIW A-9 Rehabilitation and Environmental Mitigation URS Corporation Southern ~tober 2004 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS SEAL COAT RAMP, MARKING, TIW 9 REHABILITATION AND ENVIRONMENTAL MITIGATION SECTION STANDARD TITLE DOCUMENT PAGES P-I0l FDOT Mobilization P-I0l-l P-102 FDOT Maintenance of air operations area P-I02-1 tlnu P-l 02-6 traffic P-151 FAA Clearing, grubbing and demolition P-151-1 thm P-151-4 P-152 FAA Excavation and embankment P-152-1 thm P-152-7 P-156 FAA Temporary air and water pollution, P-156-1 thmP-156-3 soil erosion, and siltation control 204 FDOT Graded aggregate base See Section 204 FDOT P-401 FAA Plant bituminous pavements P-401-1 thm P-401-22 P-602 FAA Bituminous prime coat P-602-1 thm P-602-3 P-603 FAA Bituminous tack coat P-603-1 thm P-603-3 P-620 FAA Runway and taxiway painting P-620-1 thm P-620- 7 FAA Thermoplastic Coal- Tar Emulsion S-OO 1 S-OOI-1 thm S-001-6 (EB 35) Slurry Seal S-002 Environmental Mitigation S-002-1 thm S-002-2 Tel ITEM P-IOl MOBll.JZATION DESCRIPTION -... . . . . . .. ~ ~.A '. .:~ END OF ITEM P-IOl Key West International Airport P-IOl-l June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation ITEM P-I02 MAINTENANCE OF AIR OPERATIONS AREA TRAFFIC DESCRIPTION 102-1.1 The work under this Section consists of furnishing all measures required to maintain the safe and orderly movement of Air Operations Area (AOA) traffic in and around the construction areas as shown on the Plans and as described in these Technical Specifications. 102-2.1 GENERAL. This Section covers the Contractor's responsibilities for maintaining the optimum level of safety and the operating efficiency of the airport during construction. These responsibilities are based on criteria contained in current edition of Federal Aviation Administration Advisory Circular AC 150/537~2C, Operation Safety on Airport with Emphasis on Safety During Construction. The Contractor shall be responsible for all activities, under his control, as specified in the above referenced Advisory Circulars, the Zoning Ordinance and in other referenced documents. In certain cases where the obstacle clearance criteria utilized for this project may ditTer from that described herein, these variances will be depicted on the Plans. 102-3.1 OBSTACLE CLEARANCES DURING CONSTRUCflON TAXIWAYS, TAXILANES AND APRONS. Construction activity, personnel, equipment or materials shall not be permitted within 73 feet of the centerline of an active taxiway and within 64 feet of the centerline of an active taxilane, unless otherwise shown on the Plans. 1024.1 TRENCHES, EXCAVATIONS AND STOCKPILED MATERIAL a. Open trenches or excavations exceeding 3 inc~s in depth and 3 inches in width shall not be permitted within 200 feet of the centerline of an active runway or within 94 feet of the center line of active taxiways and taxilanes unless otherwise shown on the Plans. b. Coverings for open trenches or excavations may be utilized by the Contractor to restore operations in these areas. Covering shall be of sufficient strength to support the weight of the heaviest aircraft operating on the runway or taxiway. Each covering shall be installed only as approved by the Architect/Engineer. c. Barricades and/or flagging shall be installed to identify the limits of construction near open trenches or excavations. Stockpiled material shall be secured against displacement by aircraft engine and propeller blast and ambient winds. d. Stockpiled materials, equipment and personnel shall not be allowed within the runway, taxiway and taxilane obstacle clearance areas as described in this Article. 102-5.1 MARKING AND LIGHTING OF CONSTRUCflON AREAS. The Contractor shall install lighting, marking, barrel barricades, railroad tie barricades, lighted commercial barricades, concrete barriers, plastic barricades, signs and other measures to delineate closed and hazardous areas during construction. The guidance and procedures provided by the current FAA Advisory Circular AC 150/5340-1, including changes, "Marking of Paved Areas on Airports", shall be utilized as depicted on the Plans. Steady burning red obstruction lights may be required in certain instances to supplement lighted barricades or highlight hazardous or potentially dangerous objects. The location of these lights shall be as shown on Plans or as directed by the Architect/Engineer. Obstruction lights and barrel barricades, railroad tie barricades, lighted cOOllllercial barricades, plastic barricades, concrete barriers, and signs shall not be located within runway, taxiway and taxilane obstacle clearance areas. Key West International Airport P-I02-1 June 2004 Seal Coat Ramps, Marking, T IW 9 Rehabilitation, and Environmental Mitigation 102-6.1 LOOSE MATERIALS AND DEBRIS. Loose materials shall be removed from the active portion of the KJA, placed in protected areas or otherWise secured to prevent dispersal into active portions of the AOA. The AOA is defmed as all areas used or intended to be used for aircraft operations including active runways, aprons, taxiways, taxilanes, etc. Debris shall be promptly removed from the AOA. The Contractor shall exercise care in the transportation of materials within the AOA. Materials tracked or spilled in the AOA shall be removed immediately. When hauling, loading, grading, or when any of the Contractor's activities are likely to cause the deposit of loose materials in the AOA, it shall be immediately removed using powered vacuum sweepers which shall continuously patrol the affected areas. The sweepers shall be supplemented by hand sweepers, loaders, trucks, etc., as necessary. 102-7.1 VEmCLES AND MOBILE EQUIPMENT a. All Contractor vehicles and mobile equipment operating in the AOA shall be identified by three foot (3') square orange and white flags whenever such vehicle and equipment is operating on or about the AOA. In addition, such vehicles and equipment shall have the Contractor's name clearly affixed on each side of such vehicles and equipment, all in accordance with current requirements. During the hours between 30 minutes before sunset and 30 minutes after sunrise and at all times when visibility is impaired, vehicles and mobile equipment shall also be equipped with a revolving yellow beacon light mounted on the top of the vehic.l~ or equipment. Beacon lights shall provide: (1) Three hundred sixty degree azimuth coverage. (2) Effective intensity in the horizontal plane not less than 40 or more than 400 candelas. (3) Beam spread measured to 1/10 peak intensity extending from 10 degrees to 15 degrees above the horizontal. (4) Sixty to ninety flashes per minute. b. All Contractor vehicles and mobile equipment not individually authorized by the Airport Manager for independent operation in the AOA shall be operated under escort while in the AOA. The escort vehicle and its driver must be authorized by the Airport Manager for escort duty and for operation within the AOA. If access to the construction, staging or storage sites requires the crossing of an active runway or taxiway, all vehicles shall be escorted across said runway <r taxiway by either an Airport Manager escort vehicle or a vehicle equipped with a VHF-AM Transceiver specifically authorized by the Airport Manager to cross these operational pavements. No crossing of active taxiways or runways by vehicles so equipped shall be made without first obtaining specific clearance from ground Control Unicom c. No crane shall be allowed on the work site until the equipment and its intended operation is approved by the Airport Manager, in accordance with the requirements of the General Condition. The Contractor shall provide the RPR with not less than 24- hour advance written notice requesting crane access to the AOA. The RPR will then request approval from the Airport Manager. d When access is approved by the Airport Manager, the tip of the crane boom shall be identified by the orange and white flag mentioned above and, if appropriate, by red obstruction lights. 102-8.1 CLOSURES a. Prior to the commencement of any demolition or other work which will cause an interruption or modification to existing aircraft operations, the Contractor shall confer with, and obtain written authorization from the RPR. Key West International Airport P-102-2 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation b. When the Contractor's operations require the closure of any runway, taxiway. apron. roadway, service gate, walkway. etc.. the Contractor shall notify the RPR not less than 48 hours prior to need. No runway. taxiway, apron. roadway. service gate. walkway, etc.. shall be closed without prior written authorization from the RPR. c. If the Contractor requires access to operational areas not delineated on the Construction Safety Plan Drawing(s). the Contractor shall participate in negotiations leading to the imposition of restrictions on airport operations in the affected areas; the Contractor shall strictly abide by all condiions imposed by the Airport Manager relating to its entry and use of such areas and the Contractor shall not enter these areas until granted temporary. conditional entry clearance by the RPR and the Airport Manager. d. Trenching. excavation and other work requiring temporary runway or taxiway closure shall be limited by the Contractor to that amount of work that can be completed within the hours of minimal operation. All ditches. excavations. etc.. shall be restored prior to the end of the work period and affected pavements returned to service. This work shall be scheduled during hours of minimal operations. Unless otherwise noted in the Contract Documents, hours of minimal operation shall be defined as the hours between 12:00 midnight and 5:30 A.M. daily. All other hours are considered hours of normal operation. e. The Contractor may be required to pursue affected portions of the work on a continuous 24 hour per day basis during construction of the various phases and subphases shown on the Plans and described in the Contract Documents (such as when runways or taxiways, aprons. service or access roadways. or service gates are closed for operation or when hazards of any kind arise). 102-9.1 OPERATIONS SAFETY INSPECTION. The entire work site shall be nspected daily and more frequently if construction activities are of a nature that debris may be expected to accumulate on AOA pavements. Special inspections shall be conducted for each work area prior to return to service for aircraft operation. The purpose of these inspections is to ascertain that areas returned to aircraft service are in satisfactory condition and that the overall work site and its activities are within the safety criteria set forth in these Contract Documents. Inspections shall be conducted jointly by representatives of the Contractor, the Airport Manager, the RPR and the affected airlines. These inspections shall cover the several safety items noted in and referred by this Article. Any violations of the Safety Criteria found during these inspections shall be rectified immediately. If a violation cannot be corrected on an immediate basis by the Contractor. the Contractor shall immediately notify the RPR. No area shall be approved for aircraft operations while it is in violation unless speCifically authorized by the Airport Manager, the RPR and the designated airline representative. 102-10.1 OPERATIONAL EMERGENCIES. During construction periods. the Contractor shall monitor the UNlCOM frequency and be able to activate the runway/taxiway upon demand, in response to emergency or other conditions that require him to clear the runway to accept a landing aircraft or one taking off. In all cases aircraft safety shall be the one single foremost priority over all construction activity on the runway. In this event the Contractor may need to respond to an evacuation request from the RPR. from the Airport Manager or from the aircraft itself if one of the other controlling entities are not present. The Contractor shall have a Safety Officer on he project site. at all times, monitoring the UNICOM frequencies and able to determine the limits of the area to be evacuated and the restoration work needed to prepare the area for aircraft operations. Should the directive entail extra work under the contract. and is determined so by the RPR. the Contractor will not be reimbursed for such extra work. since this work is considered incidental to the General Contractor's operation and safety procedures as part of Item P -1 02. 102-11.1 FINAL CLEANUP. After work in any work area has been completed and before opening it to traffic. the Contractor shall remove all temporary traffic control devices. temporary pavements. and other temporary work and devices installed for traffic control. The Contractor shall restore the site to its original condition or to the revised condition shown on the Plans. Key West International Airport P-I02-3 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation MATERIALS AND CONSTRUCTION METHODS 102-12.1 TEMPORARY MARKER LIGHTS. The Contractor shall install, operate and maintain temporary marker lights in the locations shown on the Plans. The Contractor shall finnish portable base mounted light fixtures, red or yellow and blue lenses, 30/45 watt 6.6/6.2 ampere transformers, and 30 watt 6.6 ampere lamps. The Contractor shall furnish 5000 volt, #8AWG, Type "C", FAA Specification L824 stranded copper cable; compatible connector kits; FAA Specification L823 tape; compression sleeves and any other materials necessary to install, operate and maintain the temporary marker lights. The Contractor shall furnish and install the followitg: (a) Heat shrinkable sleeves, tape and incidentals, (b) 15 watt lamps for 120V circuit, (c) Necessary wiring, power, connections, etc. to operate lights on 120V circuit, (d) Required staples to keep cable and wire securely fastened to pavement. (e) Pavement sealant to seal pavements, when wiring is installed recessed in saw kerfs. Yellow flashing lights mOlmted on top of the various types of barricades are not considered marker lights. 102-12.2 BARREL BARRICADES. The Contractor shall install and maintain barrel barricades in the locations shown on the Plans, in accordance with the approved layout for each construction area, and as directed by the ArchitectlEngineer. Barrel barricades shall be in accordance with the details shown on the Plans ilcluding barrels, lights, ropes, flags and incidentals. Barrels shall be weighted immediately upon installation, as necessary to prevent displacement by aircraft engine blast and by ambient wind. Barrel barricade lines shall be inspected each day and repaired or replaced as necessary to meet the requirements of the approved layout plan. 102-12.3 TEMPORARY CONCRETE BARRIERS. a. Temporary concrete barriers for traffic control and protection shall be New Jersey type precast concrete barriers conforming to the requirements of AS1M C825. b. Temporary concrete barrier sections shall be capable of being interlocked and shall be provided with warning flags, steady burning lights and/or flashing lights as required and shall be provided with grooves to allow flow of surface drainage. c. The temporary concrete barriers need not be new, but shall be structurally sound, of a quality and type meeting the requirements of these specifications and shall be subject to the ArchitectlEngineer's approval. d. Temporary concrete barriers shall, at the conclusion of the construction or when no longer needed, be relocated or removed and disposed of as the case may be. e. Commercial lighted barricades may be used in lieu of concrete barriers as directed by the RPR. Key West International Airport P-I02-4 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation -'....--- 102-12.4 RAILROAD TIE BARRICADES (LOW TIE BARRICADES). The Contractor shall install and maintain Railroad Tie Barricades consisting of standard 6" x 8" X 8' timber railroad ties placed as and where shown on the Plans and as directed by the Architect/Engineer. Railroad ties shall be painted as detailed on the Plans and placed in the location and manner shown on the Plans. A battery operated yellow flashing light shall be insWled on each section of the railroad tie barricades; the yellow flashing light shall be continuously (24 hours a day basis) operated. The railroad tie barricades shall be anchored to the subgrade or pavement using two No.4, 18" long steel pins driven in the subgrade, or flexible pavement or installed through predrilled holes in rigid pavement At conclusion of work and when the barricades are no longer needed, the Contractor shall remove and dispose of them and restore the pavement to its original condition. 102-12.5 PLASTIC BARRICADES. Plastic barricades, meeting the following requirements, shall only be used when specifically shown on the Plans or ordered by the Architect/Engineer. a. Plastic barricades shall consist of a molded plastic I-beam section suspended, by means of a toggle system, from a molded plastic cone. The assembly shall be designed to remain usable following vehicular impact. (1) The plastic barricade (I-beam section and cones) shall be manufactured from high density Polyethylene compounded with Ultra Violet Stabilizer to protect it against ultra violet exposure and outdoor weathering. (2) The cone shall consist of a stem and a base. The base shall be hollow and so manufactured as to allow for external and internal ballasting (using water, sand or other suitable material), to provide a ballast weight of approximately 20 lbs. (3) The dimensions of the various elements of the plastic barricade system shall be as follows: Cones Overall Height Base Dimension Weight (un ballasted) Outside diameter stem Top Bottom Wall Thickness 45" 18" x 18" x 4" 7 3/4 Ibs. 3 1/4" 6 Y2" 1/8" ?1/32" I -Beam Section Depth (reflective areas) Lengths (as ordered by the Architect/Engineer) Wall Thickness Weight 8" 36" or 48" 1/8" 1.2 Ibs. per foot b. The plastic barricade assembly shall be equal to MAXICADE System as manufactured by Glasdon - Traffic Services Incorporated (distributed locally by Saft T Store, West Palm Beach, Telephone: 1-561-793-5817) or approved equal. Key West International Airport p- I 02- 5 June 2004 Seal Coat Ramps, Marking, T fW 9 Rehabilitation, and Environmental Mitigation c. The I-beam section shall be capable of being mounted (using a flexible toggle system) on the plastic cones. The cones shall be designed to support the I-beam sections and also to support traffic lights. d The plastic barricade assembly shall be impregnated with traffic orange color. White reflective sheeting shall be applied to the l-beam section to form a series of alternating 6 inch wide stripes, traffic orange and reflective white, at 450 angle. METHOD OF MEASUREMENT 102-13.1 Maintenance of Air Operations Area Traffic will be paid for on a lump sum basis wherein no measurement will be made. BASIS OF PAYMENT 102-14.1 The price bid for the items under this section shall include the cost of furnishing, placing and maintaining the various devices including replacing exhausted batteries, defective lamps, painting, etc. as required to maintain the various devices in good operational condition. . Payment shall be made under: Item P-102- H.t .Maintenance of Air Operations Area Traffic - per hunp swn END OF ITEM P-102 Key West International Airport P-I02-6 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation ITEM P-151 CLEARING, GRUBBING AND DEMOLITION DESCRIPTION Key West International Airport P-151-l June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation Key West International Airport P-151-2 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation _1- Key West International Airport P-15l-3 June 2004 Seal Coat Ramps, Marking, T /W 9 Rehabil itation, and Environmental Mitigation - ENDOFlTEMP-1Sl Key West International Airport P-15l-4 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation ITEM P-152 EXCAVATION AND EMBANKMENT DESCRIPTION 152-1.1 This item covers excavation, disposal, placement, and compaction of all materials within the limits of the work required to construct safety areas, runways, taxiways, aprons, and intermediate as well as other areas for drainage, building construction, parking, or other purposes in accordance with these specifications and in conformity to the dimensions and typical section(s) shown on the plans. 152-1.2 CLASSIFICATION. All material excavated shall be classified as defmed below: a. Unclassified Excavation. Unclassified excavation shall consist of the excavation and disposal of all material, regardless of its nature, which is not otherwise classified and paid for under the following items. c. Muck Excavation. Muck excavation shall consist of the removal and disposal of deposits or mixtures of soils and organic matter not suitable for foundation material. Muck shall include materials which will decay or produce subsidence in the embankment. It may be made up of decaying stumps, roots, logs, humus, or other material not satisfactory for incorporation in the embankment. e. Borrow Excavation. B<lrrow excavation shall consist of approved material required for the construction of embankment or ior other portions of the work in excess of the quantity of usable material available from required excavations. Borrow material shall be obtained from areas within the limits of the airport property but outside the normal limits of necessary grading, or from areas outside the airport. 152-,,1.3 Unsuitable Excavation. Any material containing vegetable or organic matter, such as muck, peat, organic silt, or sod shall be considered unsuitable for use in embankment construction. Material, when approved by the Engineer as suitable to support vegetation, may be used on the embankment slope. CONSTRUCTION MEmODS 152-2.1 General. Before beginning excavation, grading, and embankment operations in any area, the area shall be completely cleared and grubbed, if necessary, in accordance with Item P-151. The suitability of material to be placed in embankments shall be subject to approval by the Engineer. All unsuitable material shall be disposed of in waste areas shown on the plans. All waste areas shall be graded to allow positive drainage of the area and of adjacent areas. The surface elevation of waste areas shall not extend above the surface elevation of adjacent usable areas of the airport, unless specified on the plans or approved by the Engineer. When the Contractor's excavating operations encounter artifacts of historical or archaeological significance, the operations shall be temporarily discontinued. At the direction of the Engineer, the Key West International Airport P-152-l June 2004 Seal Coat Ramps, Marking, T /W 9 Rehabilitation, and Environmental Mitigation Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for their removal. Such excavation will be paid for as extra work. Those areas outside of the pavement areas in which the top layer of soil material has become compacted, by hauling or other activities of the Contractor shall be scarified and disked to a depth of 4 inches (100 mm), in order to loosen and pulverize the soil. If it is necessary to interrupt existing surface drainage, sewers or under-drainage, conduits, utilities, or similar underground structures, the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal if necessary. The Contractor shall, at his/her own expense, satisfactorily. repair or pay the cost of all damage to such facilities or structures which may result from any of the Contractor's operations during the period of the contract. 152-2.2 EXCAVATION. No excavation shall be started until the work has been staked out by the Contractor and the Engineer has obtained elevations and measurements of the ground surface. All suitable excavated material shall be used in the formation of embankment, subgrade, or for other purposes shown on the plans. All unsuitable material shall be disposed of as shown on the plans. When the volume of the excavation exceeds that required to construct the embankments to the grades indic ated, the excess shall be used to grade the areas of ultimate development or disposed of as directed. When the volume of excavation is not sufficient for constructing the fill to the grades indicated, the deficiency shall be obtained from borrow areas. The grade shall be maintained so that the surface is well drained at all times. When necessary, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. a. Selective Grading. When selective grading is indicated on the plans, the more suitable material as designated by the Engineer shall be used in constructing the embankment or in capping the pavement subgrade. If, at the time of excavation, it is not possible to place this material in its final location, it shall be stockpiled in approved areas so that it can be measured for payment for rehandling as specified in paragraph 3.3. b. Undercutting. Rock:, shale, hardpan, loose rock, boulders, or other material unsatisfactory for safety areas, subgrades, roads, shoulders, or any areas intended for turfing shall be excavated to a minimum depth of 12 inches (300 mm), or to the depth specified by the Engineer, below the subgrade. Muck:, peat, matted roots, or other yielding material, unsatisfactory for subgrade foundation, shall be removed to the depth specified. Unsuitable materials shall be disposed of at locations shown on the plans. This excavated material shall be paid for at the contract unit price per cubic yard (per cubic meter) for uncla ssified excavation. The excavated area shall be refilled with suitable material obtained from the grading operations or borrow areas and; compacted to specified densities. The necessary refilling will constitute a part of the embankment. Where rock cuts are made and refilled with selected material, any pockets created in the rock surface shall be drained in accordance with the details shown on the plans. c. Overbreak. Overbreak, including slides, is that portion of any material displaced or loosened beyond the finished work as planned or authorized by the Engineer. The Engineer shall determine if the displacement of such material was unavoidable and hislher decision shall be fmal. All overbreak shall be graded or removed by the Contractor and disposed of as directed; however, payment Key West International Airport P-152-2 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation will not be made for the removal and disposal of over break which the Engineer determines as avoidable. Unavoidable overbreak will be classified as "Unclassified Excavation." d. Removal of Utilities. The removal of existing structures and utilities required to permit the orderly progress of work will be accomplished by someone other than the Contractor, e.g., the utility unless otherwise shown on the plans. All existing foundations shall be excavated for at least 2 Eet (60 em) below the top of subgrade or as indicated on the plans, and the material disposed of as directed. All foundations thus excavated shall be backfilled with suitable material and compacted as specified herein. e. Compaction Requirements. The subgrade under areas to be paved shall be compacted to a depth of 6" and to a density of not less than 95 percent of the maximum density as determined by ASlM 0 1557. The in-place field density shall be determined in accordance with ASlM 0 1556 or ASlM 0 21.67. Stones or rock fragments larger than 4 inches (100 mm) in their greatest dimension will not be permitted in top 6 inches (150 mm) of the subgrade. The finished grading operations, conforming to the typical cross section, shall be completed and maintained at least 1,000 feet (300 m) ahead of the paving operations or as directed by the Engineer. In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise removed to line of finished grade of slope. All cut-and-fill slopes shall be uniformly dressed to the slope, cross section, and alignment shown on the plans or as directed by the Engineer. 152-2.3 BORROW EXCAVATION. Borrow area(s), when required, within the airport property are indicated on the plans. If not indicated on the plans, then borrow sources shall be outside the boundaries of the airport property. Borrow excavation shall be made only at these designated locations and within the horizontal and vertical limits as staked or as directed When borrow sources are outside the boundaries of the airport property, it shall be the Contractor's responsibility to locate and obtain the supply, subject to the approval of the Engineer. The Contractor shall notify the Engineer, at least 15 days prior to beginning the excavation, so necessary measurements and tests can be made. All unsuitable material shall be disposed of by the Contractor. All borrow pits shall be opened up to expose the vertical face of various strata of acceptable material to enable obtaining a uniform product. Borrow pits shall be excavated to regular lines to permit accurate measurements, and they shall be drained and left in a neat, presentable condition with all slopes dressed uniformly. 152-2.4 DRAINAGE EXCAVATION. Drainage excavation shall consist of excavating for drainage ditches such as intercepting; inlet or outlet, for temporary levee construction; or for any other type as designed or as shown on the plans. The work shall be performed in the proper sequence with the other construction. All satisfactory material shall be placed in fills; unsuitable material shall be placed in waste areas or as directed. Intercepting ditches shall be constructed prior to starting adjacent excavation operations. All necessary work shall be performed to secure a finish true to line, elevation, and cross section. The Contractor shall maintain ditches constructed on the project to the required cross section and shall keep them free of debris or obstructions until the project is accepted. Key West International Airport P-152-3 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 152-2.5 PREPARATION OF EMBANKMENT AREA. Where an embankment is to be constructed to a height of 4 feet (120 cm) or less, all sod and vegetable matter shall be removed from the surface upon which the embankment is to be placed, and the cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 6 inches (150 mm). This area shall then be compacted as indicated in paragraph 2.6. When the height of fill is greater than 4 feet (120 cm), sod not required to be removed shall be thoroughly disked and recompacted to the density of the surrounding ground before construction of embankment. Where embankments are to be placed on natural slopes steeper than 3 to 1, horizontal benches shall be constructed as shown on the pia ns. No direct payment shall be made for the work performed under this section. The necessary clearing and grubbing and the quantity of excavation removed will be paid for under the respective items of work. 152-2.6 FORMATION OF EMBANKMENTS. Embankments shall be formed in successive horizontal layers of not more than 8 inches (200 mm) in loose depth for the full width of the cross section, unless otherwise approved by the Engineer. The grading operations shall b0 conducted, and the various soil strata shall be placed, to produce a soil structure as shown on the typical cross section or as directed. Materials such as brush, hedge, roots, stumps, grass and other organic matter, shall not be incorporated or buried in the embankment. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing, or other unsatisfactory conditions of the field. The Contractor shall drag, blade, or slope the embankment to provide proper surface drainage. The material in the layer shall be within +/-2 percent of optimum moisture content before rolling to obtain the prescribed compaction. In order to achieve a uniform moisture content throughout the layer, wetting or drying of the material and manipulation shall be required when necessary. Should the material be too wet to permit proper compaction or rolling, all work on all of the affected portions of the embankment shall be delayed until the material has dried to the required moisture content. Sprinkling of dry material to obtain the proper moisture content shall be done with approved equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water shall be available at all times. Samples of all embankment materials f<r testing, both before and after placement and compaction, will be taken for each 1000 cubic yards. Based on these tests, the Contractor shall make the necessary corrections and adjustments in methods, materials or moisture content in order to achieve the correct embankment density. Rolling operations shall be continued until the embankment is compacted to not less than 95 percent of maximum density for noncohesive soils, and 90 percent of maximum density for cohesive soils as determined by ASTM D 1557. Under all areas to be paved, the embankments shall be compacted to a depth of 6" and to a density of not less than 95 percent of the maximum density as determined by ASTM D 1557. On all areas outside of the pavement areas, no compaction will be required on the top 4 inches (100 mm). The in-place field density shall be determined in accordance with ASTM D 1556 or ASTM D 2167. Compaction areas shall be kept separate, and no layer shall be covered by another until the proper density is obtained. Key West International Airport P-152-4 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation During construction of the embankment, the Contractor shall route his/her equipment at all times, both when loaded and when empty, over the layers as they are placed and shall distribute the travel evenly over the entire width of the embankment. The equipment shall be operated in such a manner that hardpan, cemented gravel, clay, or other chunky soil material will be broken up into small particles and become incorporated with the other material in the layer. In the construction of embankments, layer placement shall begin in the deepest portion of the fill; as placement progresses, layers shall be constructed approximately parallel to the fmished pavement grade line. When rock and other embankment material are excavated at approximately the same time, the rock shall be incorporated into the outer portion of the embankment and the other material shall be incorporated under the future paved areas. Stones or fragmentary rock larger than 4 inches (100 mm) in their greatest dimensions will not be allowed in the top 6 inches (150 mm) of the subgrade. Rockfill shall be brought up in layers as specified or as directed and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass. Rock or boulders shall not be disposed of outside the excavation or embankment areas, except at places and in the manner designated by the Engineer. When the excavated material consists predominantly of rock fragments of such size that the material cannot be placed in layers of the prescribed thickness without crushing, pulverizing or further breaking down the pieces, such material may be placed in the embankment as directed in layers not exceeding 2 feet (60 em) in thickness. Each layer shall be leveled and smoothed with suitable leveling equipment and by distnbution of spalls and finer fragments of rock. These type lifts shall not be constructed above an elevation 4 feet (120 em) below the finished subgrade. Density requirements will not apply to portions of embankments constructed of materials whic h cannot be tested in accordance with specified methods. Frozen material shall not be placed in the embankment nor shall embankment be placed upon frozen material. There will be no separate measurement of payment for compacted embankment, and all costs incidental to placing in layers, compacting, disking, watering, mixing, sloping, and other necessary operations for construction of embankments will be included in the contract price for excavation, borrow, or other items. 152-2.7 FINISIDNG AND PROTECTION OF SUBGRADE. After the subgrade has been substantially completed the full width shall be conditioned by removing any soft or other unstable material which will not compact properly. The resulting areas and all other low areas, holes or depressions shall be brought to grade with suitable select material. Scarifying, blading, rolling and other methods shall be performed to provide a thoroughly compacted subgrade shaped to the lines and grades shown on the plans. Grading of the subgrade shall be performed so that it will drain readily. The Contractor shall take all precautions necessary to protect the subgrade from damage. He/she shall limit hauling over the fmished subgrade to that which is essential for construction purposes. All rots or rough places that develop in a completed subgrade shall be smoothed and recompacted No subbase, base, or surface course shall be placed on the subgrade until the subgrade has been approved by the Engineer. Key West International Airport P-152-5 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 152-2.8 HAUL. All hauling will be considered a necessary aOO incidental part of the work. Its cost shall be considered by the Contractor and included in the contract unit price for the pay of items of work involved. No payment will be made separately or directly for hauling on any part of the work. 152-2.9 TOLERANCES. In those areas upon which a subbase or base course is to be placed, the top of the subgrade shall be of such smoothness that, when tested with a 16-foot (4.8 m) straightedge applied parallel and at right angles to the centerline, it shall not show any deviation in excess of 1/2-inch (12 mm), or shall not be more than 0.05-foot (.015 m) from true grade as established by grade hubs or pins. Any deviation in excess of these amounts shall be corrected by loosening, adding, or removing materials; reshaping; and recompacting by sprinkling and rolling. On safety areas, intermediate and other designated areas, the surface shall be of such smoothness that it will not vary more than 0.10 foot (0.03 m) from true grade as established by grade hubs. Any devia tion in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. 152-2.10 TOPSOIL. When topsoil is specified or required as shown on the plans or under Item T- 905, it may be salvaged from stripping or other grading operations, if available. Otherwise it shall be obtained from off-site. The topsoil shall meet the requirements of Item 1=-905. If, at the time of excavation or stripping, the topsoil cannot be placed in its proper and final section of finished construction, the material shall be stockpiled at approved locations. Stockpiles shall not be placed within 125 feet of runway pavement or 75 feet of taxiway pavement and shall not be placed on areas which subsequently will require any excavation or embankment. If, in the judgment of the Engineer, it is practical to place the salvaged topsoil at the time of excavation or stripping, the material shall be placed in its final position without stockpiling or further rehandling. Upon completion of grading operations, stockpiled topsoil shall be handled and placed as directed, or as required in Item T -905. No direct payment will be made for topsoil as such under Item P-152. The quantity removed and placed directly or stockpiled shall be paid for at the contract unit price per cubic yard (cubic meter) for "Unclassified Excavation. II When stockpiling of topsoil and later rehandling of such material is directed by the Engineer, the material so rehandled shall be paid for at the contract unit price per cubic yard (cubic meter) for "Topsoiling," as provided in Item T -905. Key West International Airport P-152-6 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation i__lfBilil_ TESTING REQUIREMENTS ASTM D 698 Test for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.>pound (2.49 kg) Rammer and 12-inch (305 mm) Drop ASTM D 1556 Test for Density of Soil In Place by the Sand-Cone Method ASTM D 1557 Test for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 10-pound (4.5 kg) Rammer and 18-inch (45 em) Drop ASTMD2167 Test for Density and Unit Weight of Soil In Place by the Rubber Ballon Method END OF ITEM P-l52 Key West International Airport P-152- 7 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation . ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL DESCRIPTION 156-1.1 This item shall consist of temporary control measures as shown on the plans or as ordered by the Engineer during the life of a contract to control water pollution, soil erosion, and siltation through the use of berms, dikes, dams, sediment basins, fiber mats, gravel, mulches, grasses, slope drains, and other erosion control devices or methods. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period. Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites. MATERIALS 156-2.1 GRASS. Grass that will not compete with the grasses sown later for permanent cover shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. 156-2.2 MULCHES. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials. 156-2.3 FERTILIZER Fertilizer shall be a standard commercial grade and shall conform to all Federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 156-2.4 SLOPE DRAINS. Slope drains may be constructed of pipe, fiber mats, rubble, portland cement concrete, bituminous concrete, or other materials that will adequately control erosion. 156-2.5 OTHER All other materials shall meet commercial grade stanlards and shall be approved by the Engineer before being incorporated into the project. CONSTRUCTION REQUIREMENTS 156-3.1 GENERAL. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply. The Engineer shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved 156-3.2 SCHEDULE. Prior to the start of construction, the Contractor shall submit schedules for accomplishment of temporary and permanent erosion control work:, as are applicable for clearing and grubbing; grading; construction; paving; and structures at watercwrses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the Engineer. Key West International Airport P-156-l June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 156-3.3 AumORITY OF ENGINEER. The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations, and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment 156-3.4 CONSTRUCTION DETAILS. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the accepted schedule. Except where future construction operations will damage slopes, the Contractor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project. Where erosion is likely to be a problem, clearing and grubbing operations should be scheduled and performed so that grading operations and permanent erosion control features can follow immediately thereafter if the project conditions permit; otherwise, temporary erosion control measures may be required between successive construction stages. The Engineer will limit the area of clearing and grubbing, excavation, borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified. In the event that temporary erosion and pollution control measures are lequired due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the Engineer, such work shall be performed by the Contractor at hislher own expense. The Engineer may ncrease or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. The erosion control features installed by the Contractor shall be acceptably maintained by the Contractor during the constm::tion period. Whenever construction equipment must cross watercourses at frequent intervals, and such crossings will adversely affect the sediment levels, temporary structures should be provided Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. METHOD OF MEASUREMENT 156-4.1 Temporary erosion and pollution control work required which is not attributed to the Contractor's negligence, carelessness, or failure to install permanent controls will be performed as scheduled or ordered by the Engineer. Completed and accepted work will be measured as follows: Key West International Airport P-156-2 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation a. Temporary seeding and mulching will be measured by the square yard (square meter). b. Temporary slope drains will be measured by the linear foot (meter). c. Temporary benches, dikes, dams, and sediment basins will be measured by the cubic yard (cubic meter) of excavation performed, including necessary cleaning of sediment basins, and the cubic yard (cubic meter) of embankment placed at the direction of the Engineer, in excess of plan lines and elevations. d All fertilizing will be measured by the ton (kilogram). 156-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor with costs included in the contract prices bid for the items to which they apply. BASIS OF PAYMENT 156-5.1 Accepted quantitieii#of temporary water pollution, soil erosion, and siltation control work ordered by the Engineer and measured as provided in paragraph 156-4.1 win be paid for under: Where other directed work falls within the specifications for a work item that has a contract price, the units of work shall be measured and paid for at the contract unit price bid for the various items. Temporary control features not covered by contract items that are ordered by the Engineer will be paid for in accordance with Section 90-05. END OF ITEM P-1S6 Key West International Airport P-156-3 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation Section 204 GRADED AGGREGATE BASE See FDOT Standard Specifications for Road Bridge Construction Edition 2004 ITEM P- 401 PLANT MIX BITUMINOUS PAVEMENTS DESCRIPTION 401-1.1 This item shall consist of surface, leveling or base courses composed of mineral aggregate and bituminous material mixed in a central mixing plant and placed on a prepared course in accordance with these specifications and shall conform to the lines, grades, thicknesses, and typical cross sections shown on the plans. Each course shall be constructed to the depth, typical section, or elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course. MATERIALS 401-2.1 AGGREGATE. Aggregates shall consist of crushed stone, crushed gravel, or crushed slag with or without sand or other inert finely divided mineral aggregate. The portion of materials retained on the No. 8 sieve is coarse aggregate. The portion passing the No. 8 (2.36 mm) sieve and retained on the No. 200 (0.075 mm) sieve is fine aggregate, and the portion passing the No. 200 (0.075 mm) sieve is mineral filler. a. Coarse Aggregate. Coarse aggregate shall consist of sound, tough, durable particles, free from adherent films of matter that would prevent thorough coating and bonding with the bituminous material and be free from organic matter and other deleterious substances. The percentage of wear shall not be greater than 40 percent for surface and intermediate courses and 50 percent for base course, when tested in accordance with ASTM C 131. The sodium sulfate soundness loss shall not exceed 10 percent, or the magnesium sulfate soundness loss shall not exceed 13 percent, after five cycles, when tested in accordance with ASTM C 88. Aggregate shall contain at least 70 percent by weight of individual pieces having two or more fractured faces and 85 percent by weight having at least one fractured face. The area of each face shall be equal to at least 75 percent of the smallest midsectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 degrees . to count as two fractured faces. Fractured faces shall be obtained by crushing. The aggregate shall not contain more than 8 percent, by weight, of flat or elongated pieces, when tested in accordance with ASTM D 4791. Slag shall be air-cooled, blast furnace slag, and shall have a compacted weight of not less than 70 pounds per cubic foot (1.12 mg/cubic meter) when tested in accordance with ASTM C 29. b. Fine Aggregate. Fine aggregate shall consist of clean, sound, durable, angular shaped particles produced by crushing stone, slag, or gravel that meets the requirements for wear and soundness specified for coarse aggregate. The aggregate particles shall be free from coatings of clay, silt, or other objectionable matter and shall contain no clay balls. The fme aggregate, including any blended material for the fme aggregate, shall have a plasticity index of not more than 6 and a liquid limit of not more than 25 when tested in accordance with ASTM D 4318. Key West International Airport P-40l-l June 2004 Seal Coat Ramps, Marking, T /W 9 Rehabilitation, and Environmental Mitigation Natural (nonmanufactured) sand may be \5Cd to obtain the gradation of the aggregate blend or to improve the workability of the mix. The amount of sand to be added will be adjusted to produce mixtures conforming to requirements of this specification. The fine aggregate shall not contain more than 20 percent natural sand by weight of total aggregates. The aggregate shall have sand equivalent values of 35 or greater when tested in accordance with ASlM D 2419. c. SampHng. ASlM D 75 shall be used in sampling coarse and fine aggregate, and ASlM C 183 shall be used in sampling mineral filler. 401-2.2 MINERAL FILLER. If filler, in addition to that naturally present in the aggregate, is necessary, it shall meet the requirements of ASlM D 242. 401-2.3 BITUMINOUS MATERIAL. Bituminous material shall conform to the following requirements: AC-20 in accordance with the requirements of ASlM D 3381. The Contractor shall furnish vendor's certified test reports for each lot of bituminous material shipped to the project. The vendor's certified test report for the bituminous material can be used for acceptance or tested independently by the Engineer. 401-2.4 PRELIMINARY MATERIAL ACCEPTANCE. Prior to delivery of materials to the job site, the Contractor shall submit certified test reports to the Engineer for the following materials: a. Coarse Aggregate. (1) Percent of wear. (2) Soundness. (3) Unit weight of slag. b. Fine Aggregate. (1) Liquid limit. (2) Plastic index. (3) Sand equivalent. c. Mineral Filler. d. Bituminous Material. The certification(s) shall show the appropriate ASlM test(s) for each material, the test results, and a statement that the material meets the specification requirement. The Engineer may request samples for testing, prior to and during production, to verify the quality of the materials and to ensure conformance with the applicable specifications. Key West International Airport P-40l-2 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation COMPOSITION 401-3.1 COMPOSITION OF MIXTURE. The bituminous plant mix shall be composed of a mixture of well-graded aggregate, filler if required, and bituminous material. The several aggregate fractions shall be sized, handled in separate size groups, and combined in such proportions that the resulting mixture meets the grading requirements of the job mix formula (JMF). 401-3.2 JOB MIX FORMULA. No bituminous mixture for payment shall be produced until a job mix formula has been approved by the Engineer. The bituminous mixture shall be designed using procedures contained in Chapter III, MARSHALL METHOD OF MIX DESIGN, of the Asphalt Institute's Manual Series No. 2 (MS-2), Mix Design Methods for Asphalt Concrete, and shall meet the requirements of Tables 1 and 2. The design criteria in Table 1 are target values necessary to meet the acceptance requirements contained in paragraph 401-5.2b. The criteria is based on a production process which has a material variability with the following standard deviations: Stability (lbs.) Flow (0.01 inch) Air Voids (%) 270 1.5 0.65 If material wiability exceeds the standard deviations indicated, the job mix formula and subsequent production targets should be based on a stability greater than shown in Table 1, and the flow and air voids should be targeted close to the mid-range of the criteria in order meet the acceptance requirements. If the Tensile Strength Ratio (TSR) of the composite mixture, as determined by ASTM D 4867, is less than 75, the aggregates shall be rejected or the asphalt treated with an approved anti-stripping agent. The amount of anti-stripping agent added to the asphalt shall be sufficient to produce a TSR of not less than 75. If an anti strip agent is required, it will be provided by the Contractor at no additional cost. The job mix formula shall be submitted in writing by the Contractor to the Engineer at least 21 days prior to the start of paving operations and shall include as a minimum: a. Percent passing each sieve size. b. Percent of asphalt cement. c. Asphalt viscosity or penetration grade. d. Number of blows of hammer compaction per side of molded specimen. e. Mixing temperature. t Compaction temperature. g. Temperature ofmix when discharged from the mixer. h. Temperature-viscosity relationship of the asphalt cement. I. Plot of the combined gradation on the Federal Highway Administration (FHWA) 45 power gradation curve. Key West International Airport P-401-3 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation j. Graphical plots of stability, flow, air voids, voids in the mineral aggregate, and unit weight verses asphalt content. k. Percent natural sand I. Percent fractured faces. m. Percent elongated particles. n. Tensile Strength Ratio (TSR). o. Antistrip agent (if required). The Contractor shall submit samples to the Engineer, upon request, for job mix formula verification testing. The job mix formula for each mixture shall be in effect until modified in writing by the Engineer. Should a change in sources of materials be made, a new job mix formula must be approved by the Engineer before the new material is used. TABLE 1. MARSHALL DESIGN CRITERIA PAVEMENTS DESIGNATED FOR TEST PROPERTY AIRCRAFf GROSS WEIGHTS OF 60,000 POUNDS OR MORE Number of blows 75 Stability, pounds (newtons) minimum 2150 Flow, 0.01 in. (0.25 mm) 10- 14 Air voids (percent) 2.8 - 4.2 Percent voids in mineral aggregate, minimum See Table 2 TABLE 2. MINIMUM PERCENT VOIDS IN MINERAL AGGREGATE MAXIMUM PARTICLE MINIMUM VOIDS IN SIZE MINERAL AGGREGATE, PERCENT in. mm. Percent Y2 12.5 16 :y.. 19.0 15 I 25. 14 1-1/4 31.25 13 The mineral aggregate shall be of such size that the percentage composition by weight, as determined by laboratory screens, will conform to the gradation or gradations specified in Table 3 when tested in accordance with ASlM Standard C 136 and C 117. The gradations in Table 3 represent the limits which shall determine the suitability of aggregate for use from the sources of supply. The aggregate, as selected (and used in the JMF), shall have a gradation Key West International Airport P-40l-4 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation within the limits designated in Table 3 and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa, but shall be well graded from coarse to fine. Deviations from the final approved mix design for bitumen content and gradation of aggregates shall be within the action limits for individual measurements as specified in paragraph 40 1-6.5a. The limits still will apply if they fall outside the master grading band in Table 3. The maximum size aggregate used shall not be more than one-half of the thickness ci the course being constructed TABLE 3. AGGREGATE - BITUMINOUS PAVEMENTS PERCENTAGE BY WEIGHT SIEVE SIZE PASSING SIEVE SURFACE (3/4" MAX) 1- ~ in. (31.25 mm) - 1 in. (25.0 mm) - % in. (19.0 mm) 100 1h in. (12.5 mm) ., 79 - 99 3/8 in. (9.5 mm) 68- 88 No.4 (4.75 mm) 48- 68 No. 872.36 mm) 33 - 53 No. 16 (1.18 mm) 20 - 40 No. 30 (0.60 mm) 14- 30 No. 50 (.30 mm) 9- 21 No. 10 (0.15 mm) 6-16 No. 200 (0.075 mm) 3-6 Asphalt percent: Stone or gravel 5.0-7.5 Sial! 6.5 - 9.5 The aggregate gradations shown are based on aggregates of uniform specific gravity. The percentages passing the various sieves shall be corrected when aggregates of varying specific gravities are used, as indicated in the Asphalt Institute Manual Series No.2 (MS-2), Appendix A. 401-3.3 RECYCLED ASPHALT CONCRETE. The use ofrecyc1ed asphalt pavement (RAP) will not be permitted in the P-401 plant mix bituminous pavements. 401-3.4 TEST SECTION. Prior to full production, the Contractor shall prepare and place a quantity of bituminous mixture according to the job mix formula. The amount of mixture should be sufficient to construct a test section 300 long and 20 wide placed in two lanes, with a longitudinal cold joint, and shall be of the same depth specified for the construction of the course which it represents. The underlying grade or pavement structure upon which the test section is to be constructed shall be the same as the remainder of the course represented by the test section. The equipment used in construction of the test section shall be the same type and weight to be used on the remainder of the course represented by the test section. Three random samples shall be taken at the plant and tested for stability, flow, and air voids in accordance with paragraph ..:K>1-5.1a(2). Two random samples of mixture shall be taken at the plant and tested for aggregate gradation and asphalt content in accordance with paragraphs 401-6.3a and 3b and evaluated in Key West International Airport P-401-5 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation accordance with paragraphs 401-6.5a and 5b. Three randomly selected cores shall be taken from the finished pavement mat, and three from the longitudinal joint, and tested in accordance with paragraph 401-5.1b(4). Random sampling shall be in accordance with procedures contained in ASTM D 3665. Mat density and air voids shall be evaluated in accordance with paragraph 401-5.2ftl). Stability and flow shall be evaluated in accordance with paragraph 401-5.2ft2). Joint density shall be evaluated in accordance with paragraph 401-5.2ft3). Voids in the mineral aggregate (VMA), for each plant sample, shall be computed in accordance with procedures contained in Chapter ill, MARSHALL METIlOD OF MIX DESIGN, of the Asphalt Institute's Manual Series No.2 (MS-2), Mix Design Methods for Asphalt Concrete. The test section shall be consilered acceptable if; 1) stability, flow, mat density, air voids, and joint density are 90 percent or more within limits, 2) gradation and asphalt content are within the action limits specified in paragraphs 401-6.5a and 5b, and 3) the voids in the mineral aggregate is within the limits of Table 2. If the initial test section should prove to be unacceptable, the necessary adjustments to the job mix formula, plant operation, placing procedures, and/or rolling procedures shall be made. A second test section shall then be placed If the second test section also does not meet specification requirements, both sections shall be removed at the Contractor's expense. Additional test sections, as required, shall be constructed and evaluated for conformance to he specifications. Any additional sections that are not acceptable shall be removed at the Contractor's expense. Full production shall not begin until an acceptable section has been constructed and accepted by the Engineer. The initial test section, whether acceptable or unacceptable, and any subsequent section that meets specification requirements shall be paid for in accordance with paragraph 401-8.1. Job mix control testing shall be performed by the Contractor at the start of plant production and in conjunction with the calibration of the plant for the job mix formula It should be recognized that the aggregates produced by the plant may not satisfy the gradation requirements or produce a mix that exactly meets the JMF. In those instances, it will be necessary to reevaluate and redesign the mix using plant- produced aggregates. Specimens should be prepared and the optimum bitumen content determined in the same manner as for the original design tests. 401:'3.5 TESTING LABORATORY. The laboratory used to develop the job mix formula shall meet the requirements of ASTM D 3666. A certification signed by the manager of the laboratory stating that it meets these requirements shall be submitted to the Engineer prior to the start of construction. The certification shall contain as a minimum: a. Qualifications of personnel; laboratory manager, supervising technician, and testing technicians. b. A listing of equipment to be used in developing the job mix. c. A copy of the laboratory's quality control system. Key West International Airport P-40l-6 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation d. Evidence of participation in the AASHTO Materials Reference Laboratory (AMRL) program CONSTRUCTIONMEmODS 4014.1 WEAmER LIMITATIONS. The bituminous mixture shall not be placed upon a wet surface or when the surface Emperature of the underlying course is less than specified in Table 4. The temperature requirements may be waived by the Engineer, if requested; however, all other requirements including compaction shall be met. TABLE 4. BASE TEMPERATURE LIMITATIONS MATTmCKNESS BASE TEMPERATURE (MINIMUM) DEG. F DEG. C 3 in. (7.5 em) or greater 40 4 Greater than 1 in. (2.5 cm) 45 7 But less than 3 in. (7.5 em) 1 in. (2.5 em) or less 50 10 4014.2 BITUMINOUS MIXING PLANT. Plants used for the preparation of bituminous mixtures shall conform to the requirements of ASTM D 995 with the following changes: a. Requirements for All Plants. (1) Truck Scales. The bituminous mixture shall be weighed on approved scales furnished by the Contractor, or on certified public scales at the Contractor's expense. Scales shall be inspected and sealed as often as the Engineer deems necessary to assure their accuracy. Scales shall conform to the requirements of the General Provisions, Section 9Q..Ol. (2) Testing Facilities. The Contractor shall provide laboratory facilities at the plant for the use of the Engineer's acceptance testing and the Contractor's quality control testing, in accordance with paragraph 401-6.2d (3) Inspection of Plant. The Engineer, or Engineer's authorized representative, shall have access, at all times, to all areas of the plant for checking adequacy of equipment; inspecting operation of the plant: verifying weights, proportions, and material properties; and checking the temperatures maintained in the preparation of the mixtures. (4) Storage Bins and Surge Bins. Paragraph 3.9 of ASTM D 995 is deleted. Instead, the following applies. Use of surge bins or storage bins for temporary storage of hot bituminous mixtures will be permitted as follows: (a) The bituminous mixture may be stored in surge bins for period of time not to exceed 3 hours. Key West International Airport P-401-7 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation (b) The bituminous mixture may be stored in insulated storage bins for a period of time not to exceed 24 hours. The bins shall be such that mix drawn from them meets the same requirements as mix loaded directly into trucks. If the Engineer determines that there is an excessive amount of heat loss, segregation or oxidation of the mixture due to teIIJ>Orary storage, no overnight storage will be allowed 401-4.3 HAULING EQUIPMENT. Trucks used for hauling bituminous mixtures shall have tight, clean, and smooth metal beds. To prevent the mixture from adhering to them, the truck beds shall be lightly cooted with a minimum amount of paraffin oil, lime solution, or other approved material. Each truck shall have a suitable cover to protect the mixture from adverse weather. When necessary, to ensure that the mixture will be delivered to the site at the specified temperature, truck beds shall be insulated or heated and covers shall be securely fastened. 401-4.4 BITUMINOUS PAVERS. Bituminous pavers shall be self-propelled, with an activated screed, heated as necessary, and shall be capable spreading and finishing courses of bituminous plant mix material which will meet the specified thickness, smoothness, and grade. The paver shall have sufficient power to propel itself and the hauling equipment without adversely affecting the finished surface. The paver shall have a receiving hopper of sufficient capacity to permit a uniform spreading operation. The hopper shall be equipped with a distribution system to place the mixture uniformly in front of the screed without segregation. The screed shall effectively p'Oduce a finished surface of the required evenness and texture without tearing, shoving, or gouging the mixture. If an automatic grade control device is used, the paver shall be equipped with a control system capable of automatically maintaining the specified screed elevation. The control system shall be automatically actuated from either a reference line, and/or through a system of mechanical sensors or sensor-directed mechanisms or devices which will maintain the paver screed at a predetermined transverse slope and at the proper elevation to obtain the required surface. The transverse slope controller shall be capable of maintaining the screed at the desired slope within plus or minus 0.1 percent. The controls shall be capable of working in conjunction with any of the following attachments: a. Sk~type device of not less than 30 feet (9.14 m) in length. b. Taut stringline (wire) set to grade. c. Laser control. 401-4.5 ROLLERS. Rollers of the vibratory, steel wheel, and pneumatic-tired type shall be used. They shall be in good condition, capable of operating at slow speeds to avoid displacement of the bituminous mixture. The number, type, and weight of rollers shall be sufficient to compact the mixture to the required density while it ~ still in a workable condition. The use of equipment which causes excessive crushing of the aggregate will not be permitted. 401-4.6 PREPARATION OF BITUMINOUS MATERIAL. The bituminous material shall be heated in a manner that will avoid local overheating and provide a continuous supply of the bituminous material to the mixer at a uniform temperature. The temperature of the bituminous material delivered to Key West International Airport June 2004 P-40l-8 Seal Coat Ramps, Marking, T fW 9 Rehabilitation, and Environmental Mitigation the mixer shall be sufficient to provide a suitable viscosity for adequate coating of the aggregate particles, but shall not exceed 325 degrees F (160 degrees C). 401-4.7 PREPARATION OF MINERAL AGGREGATE. The aggregate for the mixture shall be heated and dried prior to introduction into the mixer. The maximum temperature and rate of heating shan be such that no damage occurs to the aggregates. The temperature of the aggregate and mineral filler shall not exceed 350 degrees F (175 degrees C) when the asphalt is added Particular care shall be taken that aggregates high in calcium or magnesium content are not damaged by overheating. The temperature shall not be lower than is required to obtain complete coating and uniform distribution on the aggregate particles and to provide a mixture of satisfactory workability. 401-4.8 PREPARATION OF BITUMINOUS MIXTURE. The aggregates and the bituminous material shall be weighed or metered and introduced into the mixer in the amount specified by the job mix formula. The combined materials shall be mixed until the aggregate obtains a uniform coating of bitumen and is thoroughly distributed throughout the mixture. Wet mixing time shall be the shortest time that will produce a satisfactory mixture, but not less than 25 seconds for batch plants. The wet mixing time for all plants shall be established by the Contractor, based on the procedure for determining the percentage of coated particles described in ASlM D 2489, for each individual plant and for each type of aggregate used. The wet mixing time will be set to achieve 95 percent of coated particles. For continuous mix plants, the minimum mixing time shall be determined by dividing the weight of its contents at operating level by the weight of the mixture delivered per second by the mixer. The moisture content of all bituminous mix upon discharge shall not exceed 0.5 percent. 401-4.9 PREPARATION OF mE UNDERLYING SURFACE. Immediately before placing the bituminous mixture, the underlying course shall be cleaned of all dust and debris. A prime coat or tack coat shall be applied in accordance with Item P-602 or P-603, if required by the contract specifications. 401-4.10 TRANSPORTING, PLACING, AND FINISHING. The bituminous mixture shall be transported from the mixing plant to the site in vehicles conforming to the requirements of paragraph 401- 3. Deliveries shall be scheduled so that placing and compacting of mixture is uniform with minimum stopping and starting of the paver. Adequate artificial lighting shall be provided night placements. Hauling over freshly placed material shall not be permitted until the material has been compacted, as specified, and allowed to cool to atmospheric temperature. The Contractor may elect to use a material transfer vehicle to deliver mix to the paver. The mix shall be placed and compacted at a temperature suitable for obtain ing density, surface smoothness, and other specified requirements but not less than 250 degrees F (107 degrees C). Upon arrival, the mixture shall be placed to the full width by a bituminous paver. It shall be struck off in a uniform layer of such depth that, when the work is completed, it shall have the required thickness and conform to the grade and contour indicated. The speed of the paver shall be regulated to eliminate pulling and tearing of the bituminous mat. Unless otherwise permitted, placement of the mixture shall begin along the centerline of a crowned section or on the high side of areas with a one-way slope. The mixture shall be placed in consecutive adjacent strips having a minimum width of 12.5 feet except where edge lanes require less width to complete the area. The longitudinal joint in one course shall offset the longitudinal joint in the course immediately below by at least 1 foot (30 em); however, the joint in the surface top course shall be at the centerline of the pavement. Transverse joints in one course shall be offset by at least 10 feet (3 m) from transverse joints in the previous course. Key West International Airport P-40l-9 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation Transverse joints in adjacent lanes shall be offset a minimum of 10 feet (3 m). On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the mixture may be spread and luted by hand tools. 4014.11 COMPACTION OF MIXTURE. After placing, the mixture shall be thoroughly and uniformly compacted by rolling. The surface shall be compacted as soon as possible when the mixture has attained sufficient stability so that the rolling does not cause undue displacement, cracking or shoving. The sequence of rolling operations and the type of rollers used shall be at the discretion of the Contractor. The speed of the roller shall, at all times, be sufficiently slow to avoid displacement of the hot mixture and be effective in compaction. Any displacement occurring as a result of reversing the direction of the roller, or from any other cause, shall be corrected at once. Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall contin ue until the surface is of uniform texture, true to grade and cross section, and the required field density is obtained To prevent adhesion of the mixture to the roller, the wheels shall be kept properly moistened (and scrapers used), but excessive water will not be permitted In areas not accessible to the roller, the mixture shall be thoroughly compacted with hand tampers. Any mixture that becomes loose and broken, mixed with dirt, contains check-cracking, or in any way defective shall be removed and replaced with fresh hot mixture and immediately compacted to conform to the surrounding area. This work shall be done at the Contractor's expense. Skin patching shall not be allowed 401"4.12 JOINTS. The formation of all joints shall be made in such a manner as to ensure a continuous bond between the courses and obtain the required density. All joints shall have the same texture as other sections of the course and meet the requirements for smoothness and grade. The roller shall not pass over the unprotected end of the freshly laid mixture except when necessary to form a transverse joint. When necessary to form a transverse joint, it shall be made by means of placing a bulkhead or by tapering the course. The tapered edge shall be cut back to its full depth and width on a straight line to expose a vertical face prior to placing the adjacent lane. In both methods all contact surfaces shall be given a tack coat of bituminous material before placing any fresh mixture against the joint. Longitudinal joints which are irregular, damaged, uncompacted, or otherwise defective shall be cut back to expose a clean, sound surface for the full depth of the course. All contact surfaces shall be given a tack coat of bituminous material prior to placing any fresh mixture against the joint. MATERIAL ACCEPTANCE Key West International Airport P-40l-l0 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 401-5.1 ACCEPTANCE SAMPLING AND TESTING. All acceptance sampling and testing necessary to determine conformance with the requirements specified in this section will be performed by the Engineer at no cost to the Contractor. Testing organizations performing these tests shall meet the requirements of ASTM D 3666. All equipment in Contractor furnished laboratories shall be calibrated by the testing organization prior to the start of operations. a. Plant-Produced Material. Plant-produced material shall be tested for stability, flow, and air voids on a lot basis. Sampling shall be from material deposited into trucks at the plant or from trucks at the job site. A lot will consist of: one day's production not to exceed 2,000 tons (1 814000 kg), or a half day's production where a day's production is expected to consist of between 2,000 and 4,000 tons (1 814000 and 3 628000 kg), or similar subdivisions for tonnages over 4,000 tons (3 628 000 kg). Where more t.\illl one plant is simultaneously producing material for the job, the lot sizes shall apply separately for each plant. (1) Samp6ng. Each lot will consist of four equal sublots. Sufficient material for preparation of test specimens for all testing will be sampled by the Engineer on a random basis, in accordance with the procedures contained in ASTM D 3665. One set of laboratory compacted specimens will be prepared for each sub lot in accordance with ASTM D 1559, paragraph 4.5, at the number of blows required by paragraph 401-3.2, Table 1. Each set oflaboratory compacted specimens will consist of three test portions prepared from the same sample increment. The sample of bituminous mixture shall be put in a covered metal tin and placed in an oven for not less than 30 nor more than 60 minutes to stabilize to compaction temperature. The compaction temperature of the specimens should be as specified in the job mix formula. (2) Testing. Sample specimens shall be tested for stability and tbw in accordance with ASTM D 1559, paragraph 5. Air voids will be determined by the Engineer in accordance with ASTM D 3203. Prior to testing, the bulk specific gravity of each test specimen shall be measured by the Engineer in accordance with ASTM D 1126 using the procedure for laboratory- prepared thoroughly dry specimens, or ASTM D 1188, whichever is applicable, for use in computing air voids and pavement density. For air voids determination, the theoretical maximum specific gravity of the mixture shall be measured for each sublot in accordance with ASTM D 2041, Type C, D, or E container. The value used in the voids computation for each sub lot shall be base on the maximum specific gravity measurements for the sublot. The stability, flow for each sublot shall be computed by averaging the results of all test specimens representing that sublot. Key West International Airport P-40l-ll June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation (3) Acceptance. Acceptance of plant produced material for stability, flow, and air voids shall be determined by the Engineer in accordance with the requirements of paragraph 401-5.2b. b. Field Placed Material. Material placed in the field shall be tested for mat and joint density on a lot basis. (1) Mat Density. The lot size shall be the same as that indicated, in paragraph 401- 5.1.a and shall be divided into four equal sublots. One core of finished, compacted materials shall be taken by the Contractor from each sublot. Core locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D 3665. Cores shaD not be taken closer than one foot from a transverse or longitudinal joint. (2) Joint Density. The lot size shall be the total length of longitudinal joints constructed by a lot of material as defined in paragraph 401-5.1a. The lot shall be divided into four equal sub lots. One core offmished, compacted materials shall betaken by the Contractor from each sub lot. Core locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D 3665. (3) Sampling. Samples shall be neatly cut with a core drill. The cutting edge of the core drill bit shall be of hardened steel or other suitable material with diamond chips embedded in the metal cutting edge. The minimum diameter of the sample shall be three inches. Samples that are clearly defective, as a result of sampling, shall be discarded and another sample taken. The Contractor shall furnish all tools, labor, and materials for cutting samples and filling the cored pavement. Cored holes shall be filled in a manner acceptable to the Engineer and within one day after sampling. (4) Testing. The bulk specific gravity of each cored sample will be measured by the Engineer in accordance with ASTM D 2726 or D 1188, whichever is applicable. The percent compaction (density) of each sample will be determined by dividing the bulk specific gravity of each sublot sample by the average bulk specific gravity of all laboratory prepared specimens for the lot, as determined in paragraph 401-5.1a(2). (5) Acceptance. Acceptance of field placed material for mat density will be determined by the Engineer in accordance with the requirements of paragraph 401-5.2c. Acceptance for joint density will be determined in accordance with the requirements of paragraph 401-5.2d c. Partial Lots - Plant-Produced Material. When operational conditions cause a lot to be terminated before the specified number of tests have been made for the lot, or when the Contractor and Engineer agree in writing to allow overages or other minor bnnage placements to be considered as partial lots, the following procedure will be used to adjust the lot size and the number of tests for the lot. Key West International Airport P-40l-l2 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation The last batch produced where production is unexpectedly halted will be sampled and its properties shall re considered as representative of the particular sublot from which it was taken. Where three sublots are produced, they shall constitute a lot. Where one or two sublots are produced, they shall be incorporated into the next lot and the total number of sublots shall be used in the acceptance plan calculation, i.e., n = 5 or n = 6, for example. d. Partial Lots - Field Placed Material. The lot size for field placed material shall correspond to that of the plant material, except that in no cases less than (3) cored samples shall be obtained, i.e., n = 3. 401-5.2 ACCEPTANCE CRITERIA. a. General. Acceptance will be based on the following characteristics of the bituminous mixture and completed pavement as well as the implementation of the Contractor's Quaity Control plan and test results: (1) Stability (2) Flow (3) Air voids (4) Mat density (5) Joint density (6) Thickness (7) Smoothness (8) Grade Stability, flow, and air voids will be evaluated for acceptance in accordance with paragraph 401-5.2b. Mat density will be evaluated for acceptance in accordance with paragraph 401-5.2c. Joint density will be evaluated for acceptance in accordance with paragraph 401-5.2d. Acceptance for mat density and air voids will be based on the criteria contained in paragraph 401-5.2f(1). Acceptance for stability and flow will be based on the criteria contained in paragraph 401-5.2f(2). Acceptance for joint density will be based on the criteria contained in paragraph 401-5f(3). Thickness will be evaluated by the Engineer for compliance in accordance with paragraph 401-5.2.f(4). Acceptance for smoothness will be based on the criteria contained in paragraph 401- 5.2f(5). Acceptance for grade will be based on the criteria contained in paragraph 401-5.2f(6). The Engineer may at any time, not withstanding previous plant acceptance, reject and require the Contractor to dispose of any batch of bituminous mixture which is rendered unfit for use due to contamination, segregation, incomplete coating of aggregate, or improper mix temperature. Such rejection may be based on only visual inspection or temperature measurements. In the event of such rejection, the Contractor may take a representative sample of the rejected material in the presence of the Engineer, and if he can demonstrate in the laboratory, in the presence of the Engineer, that such material was erroneously rejected, payment will be made for the material at the contract unit price. Key West International Airport P-40l-13 June 2004 Seal Coat Ramps, Marking, T IW 9 Rehabilitation, and Environmental Mitigation b. Stability, Flow, Air Voids. Acceptance of each lot of plant produced material for stability, flow, and air voids shall be based on the percentage of material within specification limits (PWL). The PWL plan considers the variability (standard deviation) of the material and the testing procedures, as well as the average (mean) value of the test results. If a material with high variability is produced, the production target must be adjusted as outlined in paragraph 401-3.2 to achieve a PWL of 90 or more. c. Mat Density. Acceptance of each lot of in-place pavement for mat density shall be based on the percentage of material within specification limits (PWL). If a material with high variability is produced, then a higher target density must be maintained in order to achieve a PWL of 90 or more. d. Joint Density. Acceptance of each lot of in-place pavement for joint density shall be based on the percentage of material within specification limits (PWL). If a material with high variability is produced, then a higher target density must be maintained in order to achieve a PWL of 90 ((' more. e. Percentage of Material Within Specification Limits (PWL). The percentage of material within specification limits (PWL) shall be determined in accordance with procedures specified in Section 110 of the General Provisions. The specification tolerance limits(L) and (U) are contained in Table 5. :t: Acceptance Criteria. (1) Mat Density and Air Voids. If the PWL of the lot equals or exceeds 90 percent, the lot shall be acceptable. If the PWL is less than 90 percent, payment shall be made in accordance with paragraph 401-8.1a. (2) Stability and Flow. If the PWL of the lot equals or exceeds 90 percent, the lot shall be "lcceptable. If the PWL is less than 90 percent, the Contractor shall determine the reason and take corrective action. If the PWL is below 80 percent, the Contractor must stop production and make adjustments to the mix. (3) Joint Density. If the PWL of the lot equals or exceeds 90 percent, the lot shall be acceptable. If the PWL is less than 90 percent, the Contractor shall evaluate the method of compacting joints. If the PWL is below 80 percent, the Contractor shall stop production until the reason for poor compaction can be determined. (4) Thickness. Thickness shall be evaluated for compliance by the Engineer to the requirements shown on the plans. Measurements of thickness shall be made by the Engineer using the cores extracted for each sublot for density measurement. (5) Smoothness. The finished surfaces of the pavement shall not vary more than 3/8 inch for the base course or 1/4 inch for the surface course. Each lot shall be evaluated with a 12-foot (3.6 m) straightedge. The lot size shall be 2000 square yards (square meters). Measurements will be made perpendicular and parallel to the centerline at distances not to exceed 50 feet (15.2 m). When more than 15 percent of all measurements within a lot exceed the specified tolerance, the Contractor shall remove the deficient area and replace with new material. Sufficient material shall be Key West International Airport June 2004 P-40l-l4 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation removed to allow at least one inch of asphalt concrete to be placed Skin patching shall not be permitted. High points may be ground off. (6) Grade. The finished surface of the pavement shall not vary from the gradelitte elevations and cross sections shown on the plans by more f1an 1/2 inch (12.70 mm). The finished grade of each lot will be determined by running levels at intervals of 50 feet (15.2 m) or less longitudinally and transversely to determine the elevation of the completed pavement. The lot size shall be 2000 square yards (square meters). When more than 15 percent of all the measurements within a lot are outside the specified tolerance, the Contractor shall remove the deficient area and replace with new material. Sufficient material shall be removed to allow at least one inch of asphalt concrete to be placed. Skin patching for correcting low areas shall not be permitted. High points may be ground off. TABLE 5. ACCEPTANCE LIMITS STABILITY, FLOW, AIR VOIDS, DENSITY Test Property Pavements Designed for Aircraft Gross Weights of 60,000 Lbs. or More or Tire Pressure Greater than 100 Psi Number of Blows: 75 Specification Tolerance L Stability, minimum pounds 1800 Flow,O.OI-inch 8 Air voids total mix (percent) 2.0 Density, percent 96.3 Joint density (percent) 93.3 u 16 5.0 Key West International Airport P-401-15 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation 401-5.3 RESAMPLING PAVEMENT. a. GeneraL Resampling of a lot of pavement for mat density will be allowed if the Contractor requests, in writing, within 48 hours after receiving the written test results from the Engineer. A retest will consist of all the sampling and testing procedures contained in paragraphs 401-5.1b and 401-5.2c. Only one resampling per lot will be permitted (1) A redefined PWL shall be calculated for the resampled lot. The number of tests used to calculate the redefined PWL shall include the initial tests made for that lot plus the retests. (2) The cost for resampling and retesting shall be borne by the Contractor. b. Payment for Resampled Lots. The redefined PWL for a resampled lot shall be used to calculate the payment for that lot in accordance with Table 6. c. Outliers. If the tests within a lot include a very large or a very small value which appears to be outside the normal limits of variation, check for an outlier in accordance with ASTM E 178, at a significance level of 5 percent, to determine if this value should be discarded when computing the PWL. 401-5.4 LEVELING COURSE. Any course used for truing and leveling shall meet the requirements of paragraph 401-3.2 and 5.2b, but shall not be subject to the density requirements of paragraph 401-5.2c and d The leveling course shall be compacted with the same effort used to achieve density of the test section. The truing and leveling course shall not exceed a nominal thickness of 1-1/2 inches (37.5 mm). CONTRACTOR QUALITY CONTROL 401-6.1 GENERAL. The Contractor shall develop a Quality Control Program in accordance with Section 100 of the General Provisions. The program shall address all elements which effect the quality of the pavement including, but not limited to: a. Mix Design b. Aggregate Grading c. Quality of Materials d. Stockpile Management e. Proportioning t: Mixing and Transportation g. Placing and Finishing h. Joints I. Compaction j. Surface smoothness 401-6.2 TESTING LABORATORY. The Contractor shall provide a fully equipped asphalt laboratory located at the plant or job site. It shall be available for joint use by the Contractor for quality control testing and by the Engineer for acceptance testing and must have adequate equipment for the performance of the tests required by these specifications. The Engineer shall have priority in use of the equipment necessary for acceptance testing. Key West International Airport P-40l-l6 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation The effective working area of the laboratory shall be a minimum of 150 square.feet (14 square meters) with a ceiling height of not less than 7.5 feet (2.3 meters). Lighting shall be adequate to illuminate all working areas. It shall be equipped with heating and air conditioning units to maintain a temperature of 70 degrees F + 5 degrees (21 degrees C + 2.3 degrees C). Laboratory facilities shall be kept clean and all equipment shall be maintained in proper working condition. The Engineer shall be permitted unrestricted access to inspect the Contractor's laboratory facility and witness quality control activities. The Engineer will advise the Contractor in writing of any noted deficiencies concerning the laboratory facility, equipment, supplies, or testing personnel and procedures. When the deficiencies are serious enough to be adversely affecting test results, the incorporation of the materials into the work shall be suspended immediately and will not be permitted to resume until the deficiencies are satisfactorily corrected. 401-6.3 QUALITY CONTROL TESTING. The Contractor shall perform all quality control tests necessary to control the production and construction processes applicable to these specifications and as set forth in the Quality Control Program. The testing program shall include, but not necessarily limited to, tests for the control of asphalt content, aggregate gradation, temperatures, aggregate moisture, field compaction, and surface smoothness. A Quality Control Testing Plan shall be developed as part cf the Quality Control Program'.. a. Asphalt Content. A minimum of two extraction tests shall be performed per lot in accordance with ASTM D 2172 or ASTM 6307 for determination of asphalt content. The weight of ash portion of the extraction test, as descn'bed in ASTM D 2172, shall be determined as part of the first extraction test performed at the beginning of plant production; and as part of every tenth extraction test performed thereafter, for the duration of plant production. The last weight of ash value obtained shall be used in the calculation of the asphalt content for the mixture. The use of the nuclear method for determining asphalt content in accordance with ASTM D 4125 is permitted, provided that it is calibrated for the specific mix being used. b. Gradation. Aggregate gradations shall be determined a minimum of twice per lot from mechanical analysis of extracted aggregate in accordance with AASHTO T 30 and ASTM C 136 (Dry Sieve). When asphalt content is determined by the nuclear method, aggregate gradation shall be determined from hot bin samples on batch plants, or from the cold feed on drum mix or continuous mix plants, and tested in accordance with ASTM C 136 (dry sieve) using actual batch weights to determine the combined aggregate gradation of the mixture. c. Moisture Content of Aggregate. The moisture content of aggregate used for production shall be determined a minimum of once per lot in accordance with ASTM C 566. d. Moisture Content of Mixture. The moisture content of the mixture shall be determined once per lot in accordance with ASTM D 1461. e. Temperatures. Temperatures shall be checked, at least four times per lot, at necessary locations to determine the temperatures of the dryer, the bitumen in the storage tank, the mixture at the plant, and the mixture at the job site. Key West International Airport P-40l-l7 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation t: In-Place Density Monitoring. The Contractor shall conduct any necessary testing to ensure that the specified density is being achieved. A nuclear gauge may be used to monitor the pavement density in accordance with ASlM D 2950. g. Additional Testing. Any additional testing that the Contractor deems necessary to control the process may be performed at the Contractor's option. h. Monitoring. The Engineer reserves the right to monitor any or an of the above testing. 401-6.4 SAMPLING. When directed by the Engineer, the Contractor shall sample and test any material which appears inconsistent with similar material being sampled, unless such material is voluntarily removed and replaced or deficiencies corrected by the Contractor. All sampling shall be in accordance with standard procedures specified 401-6.5 CONTROL CHARTS. The Contractor shall maintain linear control charts both for individual measurements and range (i.e., difference between highest and lowest measurements) for aggregate gradation and asphalt content. Control charts shall be posted in a location satisfactory to the Engineer and shall be kept current. As a minimum, the control charts shall identify the project number, the contract item number, the test number, each test parameter, the Action and Suspension Limits applicable to each test parameter, and the Contractor's test results. The Contractor shall use the control charts as part of a process control system for identifying potential problems and assignable causes before they occur. If the Contractor's projected data during production indicates a problem and the Contractor is not taking satisfactory corrective action, the Engineer may suspend production or acceptance of the material. a. Individual Measurements. Control charts for individual measurements shall be established to maintain process control within tolerance for aggregate gradation and asphalt content. The control charts shall use the job mix formula target values as indicators of central tendency for the following test parameters with associated Action and Suspension Limits: CONTROL CHART LIMITS FOR INDIVIDUAL MEASUREMENTS Sieve 3/4 inch (19.0 mm) Y2 inch (12.5 mm) 3/8 inch (9.5 mm) No.4 (4.75 mm) No. 16 (1.18 mm) No. 50 (0.30 mm) No. 200 (0.075 mm) Asphalt Content Action Limit 0010 +/-6% 6% +/-6% +/-5% +/-13% +/-2% +/-0.45% Suspension Limit 0010 +/-9% +/-9% +/-9% +/-7.5% +/-4.5% +/-3% +/-0.70010 b. Range. Control charts for range shall be established to control process variability for the test parameters and Suspension Limits listed below. The range shall be computed for each lot as the difference between the two test results for each control parameter. The Suspension Limits specified below are based on a sample size of n = 2. Should the Contractor elect to perform more than two tests per lot, the Suspension Limits shall be adjusted by multiplying the Suspension Limit by 1.18 for n = 3 and by 1.27 for n = 4. Key West International Airport P-40l-l8 June 2004 Seal Coat Ramps, Marking, T /W 9 Rehabilitation, and Environmental Mitigation CONTROL CHART LIMITS BASED ON RANGE (Based on n = 2) Sieve Yz inch (12.5 mm) 3/8 inch (9.5 mm) No.4 (4.75 mm) No. 16 (1.18 mm) No. 50 (0.30 mm) No. 200 (0.075 mm) Asphalt Content Suspension Limit 11 percent 11 percent 11 percent 9 percent 6 percent 3.5 percent 0.8 percent c. Corrective Action. The Quality Control Plan shall indicate that appropriate action shall be taken when the process is believed to be out of tolerance. The Plan shall contain sets of rules to gauge when a process is out of control and detail what action will be taken to bring the process into control. As a minimum, a process shall be deemed out of control and production stopped and corrective action taken, if: (1) One point falls outside the Suspension Limit line for individual measurements or range; or (2) Two points in a row fall outside the Action Limit line for individual measurements. METHOD OF MEASUREMENT 401-7.1 MEASUREMENT. Plant mix bituminous concrete pavement shall be measured by the number of tons (kg) of bituminous mixture used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. BASIS OF PAYMENT 408-8.1 PAYMENT. Payment for an accepted lot of bitumin ous concrete pavement shall be made at the contract unit p~. ture and bituminous material adjusted according to paragraph401-8.1a,. .dh... ..... . .. The price shall be compensation for furnishing all materials, for all preparation, mixing, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Key West International Airport P-40l-l9 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation b. Payment. Payment will be made under: TESTING REQUIREMENTS ASlM C 29 Unit Weight of Aggregate ASlM C 88 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASlM C 117 Test Method for Materials Finer than 75-um (No.200) Sieve In Mineral Aggregates by Washing Key West International Airport P-40l-20 June 2004 Seal Coat Ramps, Marking, TfW 9 Rehabilitation, and Environmental Mitigation ASlM C 131 ASlM C 136 ASlM C 183 ASlM C 566 ASlM D 75 ASlM D 995 ASlM D 118 ASlM D 1461 ASlM D 1559 ASlM D 2041 ASlM D 2172 ASlM D 2419 ASlM D 2489 ASlM D 2726 ASlM D 3203 ASlM D 2950 ASlM D 3665 ASlM D 3666 ASlM D 4125 ASlM D 4318 ASlM D 4791 Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine Sieve or Screen Analysis of Fine and Coarse Aggregates Sampling Hydraulic Cement Total Moisture Content of Aggregate by Drying Sampling Aggregates Requirements for Mixing Plants for Hot-Mixed Hot-Laid Bituminous Paving Mixtures Bulk Specific Gravity of Compacted Bituminous Mixtures Using Paraffin-Coated Specimens Moisture or Volatile Distillates in Bituminous Paving MiXtures Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures Quantitative Extraction of Bitumen from Bituminous Paving Mixtures Sand Equivalent Value of Soils and Fine Aggregate Degree of Particle Coating of Bituminous-Aggregate Mixtures Bulk Specific Gravity of Compacted Bituminous Mixtures Using Saturated Surface-Dry Specimens Percent Air Voids in Compacted Dense and Open Bituminous Paving Mixtures Density of Bituminous Concrete in Place by Nuclear Method Random Sampling of Paving Materials Inspection and Testing Agencies for Bituminous Paving Materials Asphalt Content of Bituminous Mixtures by the Nuclear Method Liquid Limit, Plastic Limit, and Plasticity Index of Soils Flat or Elongated Particles in Coarse Aggregate Key West International Airport P-40l-2l June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation ASlM D 4867 Effect of Moisture on Asphalt Concrete Paving Mixtures ASlM E 178 Practice for Dealing With Outlying Observations AASHTO T 30 Mechanical Analysis of Extracted Aggregate The Asphalt Institute's Mix Design Methods for Asphalt Concrete Manual No.2 (MS-2) The Asphalt Institute's Hot-Mix Recycling Manual No. 20 (MS-20) MATERIAL REQUIREMENTS ASlM D 242 Mineral Filler for Bituminous Paving Mixtures ASlM D 946 ASlM D 3381 Asphalt Cement for Use in Pavement Construction Viscosity-Graded Asphalt Cement for Use in Pavement Construction ASlM D 4552 Classifying Hot-Mix Recycling Agents END OF ITEM P-401 Key West International Airport P-40l-22 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation ITEM P-602 BITUMINOUS PRIME COAT DESCRIPTION 602-1.1 This item shall consist of an application of bituminous material on the prepared base course in accordance with these specifications and in reasonably close conformity to the lines shown on the plans. MATERIALS 602-2.1 BITUMINOUS MATERIAL. The types, grades, controlling specifications, and application temperatures for the bituminous materials are given in Table 1. The Engineer shall designate the specific material to be used TABLE 1. BITUMINOUS MATERIAL Application Temperatures \1 \ Type and Grade Specification Deg.F Deg.C Emulsified Asphalt SS-I, SS-lh ASTM D 977 70-160 20- 70 MS-2, HFMS-l ASTM D 977 70-160 20- 70 CSS-l, CSS-lh ASTM D 2397 70-160 20- 70 CMS-2 ASTM D 2397 70-160 20- 70 Cutback Asphalt RC-30 ASTM D 2028 80+ 30+ - RC-70 ASTM D 2028 120+ 50+ RC-250 ASTM D 2028 165+ 75+ \1\ The maximum temperature for cutback asphalt shall be that at which fogging occurs. CONSTRUCTION METHODS 602-3.1 WEATHER LIMITATIONS. The prime coat shall be applied only when the existing surface is dry or contains sufficient moisture to get uniform distribution of the bituminous material, when the atmospheric temperature is above 60 F (15 C), and when the weather is not foggy or rainy. Th~ temperature requirements may be waived, but only when so directed by the Engineer. Key West International Airport P-602-1 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 602-3.2 EQUIPMENT. The equipment used by the Contractor shall include a self-powered pressure bituminous material distributor and equipment for heating bituminous material. The distributor shall be designed, equipped, maintained, and operated so that bituminous material at even heat may be applied uniformly on variable widths of surface at the specified rate. The allowable variation from the specified rate shall not exceed 10 percent. Distributor equipment shall include a tachometer, pressure gages, volume-measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. The distributor shall be self-powered and shall be equipped with a power unit for the pump and full circulation spray bars adjustable laterally and vertically. A power broom and/or blower shall be provided for any required cleaning of the surface to be treated. 602-3.3 APPLICATION OF BITUMINOUS MATERIAL. Immediately before applying the prime coat, the full width of the surface to be primed shall be swept with a power broom to remove all loose dirt and other objectionable material. The bituminous material including solvent shall be uniformly applied with a bituminous distributor at the rate of 0.25 to 0.50 gallons per square yard (1.20 to 2.40 liters per square meter) depending on the base course surface texture. The type of bituminous material and application rate shall be approved by the Engineer prior to application. Following the application, the primed surface shall be allowed to dry not less than 48 hours without being disturbed or for such additional time as may be necessary to permit the drying out of the prime until it will not be picked up by traffic or equipment. This period shall be determined by the Engineer. The surface shall then be maintained by the Contractor until the surfacing has been placed. Suitable precautions shall be taken by the Contractor to protect the primed surface against damage during this interval, including supplying and spreading any sand necessary to blot up excess bituminous material. 602-3.4 BITUMINOUS MATERIAL CONTRACTOR'S RESPONSIBILITY. Samples of the bituminous materials that the Contractor proposes to use, together with a statement as to their source and character, must be submitted and approved before use of such material begins. The Contractor shall require the manufacturer or producer of the bituminous materials to furnish material subject to this and all other pertinent requirements of the contract. Only satisfactory materials, so demonstrated by service tests, shall be acceptable. The Contractor shall furnish vendor's certified test reports for each carload, or equivalent, of bituminous material shipped to the project. The report shall be delivered to the Engineer before permission is granted for use of the material. The furnishing of the vendor's certified test report for the bituminous material shall not be interpreted as basis for final acceptance. All such test reports shall be subject to verification by testing samples of materials received for use on the project. Key West International Airport P-602-2 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation 602-3.5 FREIGHT AND WEIGH BILLS. Before the final estimate is allowed, the Contractor shall file with the Engineer receipted bills when railroad shipments are made, and certified weigh bills when materials are received in any other manner, of the bituminous materials actually used in the construction covered by the contract. The Contractor s~ll not remove bituminous material from the tank car or storage tank until the initial outage and temperature measurements have been taken by the Engineer, nor shall the car or tank be released until the final outage has been taken by the Engineer. Copies of freight bills and weigh bills shall be furnished to the Engineer during the progress of the work. METHOD OF MEASUREMENT 602-4.1 The bituminous material for prime coat shall be measured by the gallon. Volume shall be corrected to the volume at 60 F (15 C) in accordance with ASlM D 1250 for cutback asphalt, and Table IV -3 of The Asphalt Institute's Manual MS-6 for emulsified asphalt. BASIS OF PAYMENT 602-5.1 Payment shall be made at the contract unit price per gallon for bituminous p:ime coat. This price shall be full compensation for furnishing all materials and for all preparation, delivering, and applying the materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item P-602-5.1 Bituminous Prime Coat--per gallon MATERIAL REQUIREMENTS ASlM D 977 Emulsified Asphalt ASlM D 2028 Asphalt, Cutback (Rapid Curing Grade) ASlM D 2397 Cationic Emulsified Asphalt TESTING REQUIREMENTS ASlM D 1250 Petroleum Measurement Tables Asphalt Institute Manual MS-6 Table IV-3 Temperature-Volume Corrections for Emulsified Asphalts END OF ITEM P-602 Key West International Airport P-602-3 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation ITEM p- 603 BITUMINOUS TACK COAT DESCRIPTION 603-1.1 This item shall consist of preparing and treating a bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity to the lines shown on the plans. MAlERIAI.S 603-2.1 BTI1JMINOUS MATERIALS. The bituminous material shall be either cutback asphalt, emulsified asphalt, or tar and shall conform to the requirements of Table 1. The type, grade, controlling specification, and application temperature of bituminous material to be used shall be specified by the Engineer. TABLE 1. BTI1JMINOUS MAlERIAL Application Temperature Type and Grade Specification Deg.F Deg.C Emulsified Asohalt S8-1, SS-lh ASTM D 977 75-130 25-55 CSS-I, CSS-Ih ASTM D 2397 75-130 25-55 Cutback Asphalt . RC-70 ASTM D 2028 120-160 50- 70 Tar - RTCB 5, RTCB 6 AASIITO M 52 60-120 15-50 CONSTRUCTION MEmODS 603-3.1 WEATHER LIMITATIONS. The tack coat shall be applied only when the existing surface is dry and the atmospheric temperature is above 60 F (15 C). The temperature requirements may be waived, but only when so directed by the Engineer. 603-3.2 material. EQUIPMENT. The Contractor shall provide equipment for heating and applying the bituminous The distributor shall be designed, equipped, maintained, and operated so that bituminous material at even heat may be applied uniformly on variable widths of surface at the specified rate. The allowable variation from the specified rate shall not exceed 10 percent. Distributor equiprnent shall include a tachorneter, pressure gages, volume-measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. The distributor shall be self-powered and shall be equipped with a power unit for the pump and full circulation Key West International Airport P-603-l June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation spray bars adjustable laterally and vertically. A power broom and/or blower shall be provided for any required cleaning of the surface to be treated. 603-3.3 APPLICATION OF BITUMINOUS MATERIAL. Immediately before applying the tack coat, the full width of surface to be treated shall be swept with a power broom and/or airblast to remove all loose dirt and other objectionable material. Emulsified asphalt shall be diluted by the addition of water when directed by the Engineer and shall be applied a sufficient time in advance of the paver to ensure that all water has evaporated before any of the overlying mixture is placed on the tacked surface. The bituminous material including vehicle or solvent shall be uniformly applied with a bitwninous distributor at the rate of 0.05 to 0.15 gallons per square yard (0.24 to 0.72 liters per square meter) depending on the condition of the existing surface. The type of bituminous material and application rate shall be approved by the Engineer prior to application. Following the application, the surface shall be allowed to cure without being disturbed for such peri..d of time as may be necessary to permit drying out and setting of the tack coat. This period shall be determined by the Engineer. The surface shall then be maintained by the Contractor until the next course has been placed. Suitable precautions shall be taken by the Contractor to protect the surface against damage during this interval. 603-3.4 BITUMINOUS MATERlAL-CONTRACfOR'S RESPONSmn.rrY. Samples of the bituminous material that the Contractor proposes to use, together with a statement as to its source and character, must be submitted and approved before use of such DBterial begins. The Contractor shall require the manufacturer or producer of the bituminous material to furnish material subject to this and all other pertinent requirements of the contract. Only satisfactory materials so demonstrated by service tests, shall be acceptable. The Contractor shall furnish the vendor's certified test reports for each carload, or equivalent, of bituminous rnaterial shipped to the project. The report shall be delivered to the Engineer before permission is granted for use of the material. The furnishing of the vendor's certified test report for the bituminous material shall not be interpreted as a basis for final acceptance. AIl such test reports shall be subject to verification by testing samples of material received for use <Xl the project. 603-3.5 FREIGHT AND WEIGH BILLS. Before the final estimate is allowed, the Contractor shall file with the Engineer receipted bills when railroad shipments are made, and certified weigh bills when materials are received in any other manner, of the bituminous materials actually used in the construction covered by the contract. The Contractor shall not remove bituminous material from the tank car or storage tank until the initial outage and temperature measurements have been taken by the Engineer, nor shall the car or tank be released until the final outage has been taken by the Engineer. Copies of freight bills and weigh bills shall be furnished to the Engineer during the progress of the work. MEmOD OF MEASUREMENT 603-4.1 The bituminous material for tack coat shall be measured by the gallon. V olwne shall be corrected to the volume at 60 F (15 C) in accordance with ASTM D 1250 for cutback asphalt, ASTM D 633 for tar, and Table IV-3 of The Asphalt Institute's Manual MS-6 for emulsified asphalt. Water added to emulsified asphalt will not be measured for payment. BASIS OF PAYMENT Key West International Airport P-603-2 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 603.5-1 Payment shall be made at the contract unit price per gallon of bituminous material. This price shall be full compensation for furnishing all materials, for all preparation, delivery, and application of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-603-5.1 Bituminous Tack Coat--per gallon MA1ERIAL REQUIREMENTS ASTM D 633 Volume Correction Table for Road Tar ASTM D 977 Emulsified Asphalt ASTM D 1250 Petroleum Measurement Tables ASTM D 2028 Liquid Asphalt (Rapid-Curing Type) ASTM D 2397 Cationic Emulsified Asphalt AASlITO M 52 Tar for Use in Road Construction Asphalt Institute Manual MS-6 Table IV-3 Temperature- Volume Corrections for Emulsified Asphalts END OF ITEM P-603 Key West International Airport P-603-3 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation ITEM P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of runways and taxiways applied in accordance with these specifications and at the locations shown on the plans,_ or as directed by the .Engineer. ~ ~. . . '. ,< - MATERIALS - Key West International Airport P-620-1 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 'f Key West International Airport P-620-2 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation Key West International Airport P-620-3 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation CONSTRUCTION MEmODS The mechanical marker shall be an aomizing spray-type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering._. .',. . . ~. u..~... : 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. Paint shall not be applied to Portland cement concrete pavement until the areas to be painted are clean of curing material. Sandblasting or high-pressure water shall be used to remove curing materials from concrete surfaces. Key West International Airport P-620-4 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation Key West International Airport P-620-5 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 6204.1 The quantity of runway and taxiway markings to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT Payment will be made under: . . . .. . . . ~ . . . . . .. ':~~':~'. .. :S::.' . ~~.{'V. .. ^ . . ....:. .-t'. .-:-. " ," .:;.-.;.::;...i:=-,. TESTING REQUIREMENTS B::::f:::;:':::~'k_' ":;~:':;":;~~""':~":.1 . . . . . . " . ~::::. '.<.::{:,,~::' -~:,.,::.:::.:~~:;.;::;.-" >>: .>>: . ....>>;.:::.:::::-. ::~.:':::::;...:' . '~::::;'_:_': ~::::..;..' :. .;.w' Key West International Airport P-620-6 June 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation MATERIAL REQUIREMENTS END OF ITEM P-620 Key West International Airport P-620-7 June 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation ITEM SOOl mERMOPLASTIC COAL-TAR EMULSION SLURRY SEAL 1. DESCRIPTION 2. MATERIALS Samples of aggregates shall be submitted by the Contractor prior to the start of production. During production, the sampling points intervals will be designated by the engineer. The samples will be the basis of approval from the standpoint of the quality requirements of the section. 2.2 BITIJMINOUS MATERIALS. The emulsion material shall be a thermoplastic coal tar emulsion made up of polymer resins and coal-tar conforming to the requirements of ASlM D 3320. The thermoplastic emulsion shall be manufactured as a complete product, which can be tested at the manufacturing plant. The water content of the emulsion shall not exceed 48% .:t 1 % when tested in accordance with ASlM 0244, paragraph 3. A dried film of emulsion shall contain a minimum of 89010 of the combination of the polymerized coal-tar with the remaining percentage being inorganic filler. The dried emulsion shall have a softening point greater than 212 degrees F (100 degrees C) when tested in accordance with ASlM D36. A film of the dried emulsion material, eight (8) mils thick, shall stretch five (5) times its original length at 70 degrees F (21 degrees C) without breaking and recover 35% of this length in one minute. Key West International Airport SOOl-l July 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 3. COMPOSITION AND APPLICATION 3.1 COMPOSITION. The aggregate shall be mixed with the thermoplastic emulsion at the following rates of pounds of aggregate per gallon of emulsion. 4. TEST SECTION 4.1 PLACEMENT. Prior to full production, the Contractor shall prepare a quantity of mixture sufficient to place a test section of approximately 250 square yards at the application rate specified in paragraph 3.3. The area to be tested will be desi ted b the En . eer and will be located on a resentative section of the avement to be treated. The test section should be used to verify the adequacy of the mixture and to determine the exact application rate. The same equipment and method of operations shall be used on the test section as will be used on the remainder of the work. If the text section should prove to be unsatisfactory, the necessary Key West International Airport 8001-2 July 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation 5. CONSTRUCTION MElHODS 5.1 WEATHER LIMITATIONS. The slurry seal shall be applied only when the surface is dry and the atmospheric and pavement temperature is above 50 degrees F (10 degrees C) It should not be applied when the humidity (rain, dew, etc.) or impending weather conditions will not allow proper curing. 5.2 EQUIPMENT AND TOOLS. Descriptive information on the mixing and applying equipment to be used, shall be submitted to the Engineer prior production. All methods employed in performing the work and are equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer before the work is started. The- slurry machine shall be a continuous-flow mixing unit capable of delivering predetermined quantities of emulsion, aggregate and, if necessary, water to the mixing chamber and discharging the thoroughly mixed slurry to the pavement on a continuous basis. The slurry machine shall deliver the materials to a mixing chamber in a constant proportion in a manner not dependent on power plant or vehicle speed. The slurry machine shall be equipped with a water spray bar capable of fogging the pavement surface with up to 0.05 gallons of water per square yard. (2) Batch-Mixing Machine. The batch-mixing machine shall be a truck-mounted 500 to 1,000 gallon tank containing suitable driven mixing blades to combine predetermined quantities of thermoplastic emulsion, aggregate, and if necessary, water to create a homogeneous slurry. It shall be equipped with a water tank and pump necessary to supply and be capable of delivering a constant volume of water to a spray bar. The spray bar shall be capable to fogging the pavement surface with up to 0.05 gallons of water per square yard. Key West International Airport s001-3 July 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, and Environmental Mitigation (5) Auxiliary Eauioment. Other tools or equipment such as power brooms, power blowers, arr compressors, hand brooms, hand squeegees, etc., shall be provided as required. 5.3 PREP ARA nON OF PAVEMENT. Prior to placing the slurry seal, unsatisfactory areas shall be repaired and the surface shall be cleaned of dust, dirt or other loose foreign matter. Any standard cleaning method will be acceptable except that water flushing will not be permitted in areas where considerable cracks are present in the pavement surface. (a) Any painted stripes which are raised above the pavement surface greater than 1/16 inch when applying the Type C mix, 1/4 inch when applying the Type A & B mix, shall be ground to the level of the surrounding pavement before applying the slurry seal. All thermoplastic marking stripes shall be removed. The engineer shall make the determination of which lines shall be treated. (c) Oil spots shall be treated by scraping off excess oil, heating with a torch, brushing loosened material away and primed with a solvent type polymeric primer. Key West International Airport 8001-4 July 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation (f) A minimum period of 30 days shall elapse between the placement of a bituminous surface course filler and the application of slurry. 5.4 APPLICATION OF TACK COAT. Following preparation of the pavement, a tack coat of thermoplastic emulsion diluted with 50010 water, shall be applied at a minimum rate of 0.05 gallons per square yard, (prior to dilution) to the entire area to receive the slurry application. 5.5 APPLICATION OF SLURRY SEAL. The surface shall be pre-wet by fogging ahead of the spreader box. Water used in pre-wetting the surface shall be applied at such a rate that the entire surface is damp with no apparent flowing water in front of the spreader box. The slurry shall be of a desired consistency when deposited on the surface with no additional element added. A sufficient amount of slurry shall be carried in the spreader box at all times so that even distribution is obtained. No clumped or unmixed aggregate shall be permitted. No segregation of the emulsion and aggregate will be permitted. If this occurs the applied slurry will be removed from the pavement surface and reapplied in accordance with these specifications. Hand squeegees may be used in areas which are inaccessible to the machine. The Contractor shall follow the Manufacturers recommendations should be followed regarding application by spraying or squeegee method. Upon completion of the work, the slurry shall have covered the surface evenly with no bare spots. There should be no excessive buildup or unsightly appearance or longitudinal transverse joints. Key West International Airport SOOl-5 July 2004 Seal Coat Ramps, Marking, T /W 9 Rehabilitation, and Environmental Mitigation 5.9 CONTRACTOR'S CERTIFICATION. The Contractor shall furnish the manufacturer's certification that each consignment of thermoplastic emulsion shipped to the project meets the requirements of paragraph 2.2. The Contractor shall submit a certification that the emulsion proposed, has been in field use for a minimum of ~ years. The Contractor shall furnish a certification demonstrating his experience in the application of the thermoplastic coal-tar emulsion slurry seal for a minimum of two (2) years. Key West International Airport s001-6 July 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, and Environmental Mitigation i I S-002 ENVIRONMENTAL MITIGATION FOR WORK IN MOSQUITO DITCHES SPECIFICATIONS FOR PLANTING BLACK MANGROVES ',-- 1) The Work: The Work shall include, but not be limited to, furnishing and installing thirty-three (33) Black Mangroves (Avicennia germinans) (plantings) and all other incidental material necessary for the successful planting of the specified material; the removal of trash and debris generated by the Work; the application of aluminum tags identifying each of the planted specimens, and providing as-built drawings to the Engineer showing the location of the planted material. All Work shall be in accordance with the general specifications for the Project and applicable federal, State and local rules and regulations. 2) Location: The Contractor shall furnish and install (plant) on lOft. centers, or as indicated in the field, thirty-three (33) Black Mangroves (Avicennia germinans) in the general area shown on Figure I, below. Actual location to be determined in the field with the Engineer. Figure 1: Area within yellow polygon indicates general location for planting of33 Black Mangroves (Avicennia germinans). 3) Plant Specifications: Black mangroves shall be nursery grown; 2-3 ft. tall in 1-3 gallon buckets; well formed and healthy. Root-bound rmterial will not be accepted. Contractor shall furnish the Engineer copy of the Nursery Certification or purchase receipt indicating the selling nursery. Engineer retains the right to inspect and reject any and all plant Key West International Airport S-002-1 July 2004 Seal Coat Ramps, Marking, TIW 9 Rehabilitation, And Environmental Mitigation material found unsatisfactory, pror to installation. In the event the specified material is not available the Contractor shall inform the Engineer in writing, and at the Contractor's option provide a list of substitute material. Substitute material may not be used without the Engineers approval in writing. 4) Installation: No wetland planting shall occur prior to authorizatio'n in writing b~ the Engineer. The Contractor shall deliver and install the plant material within 24 hours of delivery to the site. If necessary, plants may be stored for no longer than 24 hours on-site in a location satisfactory to the Engineer. Stored plant material shall be watered and shaded. The Contractor shall take full responsibility for stored material. The Contractor shall install the plant material in accordance with their natural zonation relative to the high and low tide mark.; Installation shall be at the beginning of the low tide cycle. Contractor shall take due cart, and make provisions as necessary, to prevent the planted material from floating away at high tide. 5) . Turbidity Control: The Contractor shall not use mechanized equipment of any kind within the planting area. The Contractor shall use due care while accessing the planting area and while installing the material so as to minimize disturbance to the substrate. 6) Aluminum Tags: The Contractor shall furnish and install Double-Faced Aluminum Tags; 3" x 7/8", with 6" wire, double holed; or approved equal. Contractor shall submit to the Engineer two (2) samples of the tags for approval prior to installation. Contractor shall attach the aluminum -tags with a "loose>fit" to a lateral branch of each mangrove plant installed so as to not cause girdling of the branch. Each tag shall have the lettering "A-G" and the date of planting. 7) Guarantees: The Contractor shall guarantee 1 00% survivorship of all planted material for a period of ninety (90) days upon acceptance by the Engineer from the date of Final Completion of the Mitigation Planting. 8) Method of Measurement: The quantities for environmental mitigation to be paid for under this section shall be per lump sum. 9) - Basis of Payment: This item will be paid for on the basis of the contract unit price per lump sum, which price shall be full compensation for all labor, equipment, material, and incidentals necessary to satisfactorily complete the item as specified. .... Payment will be made under: Item S-002-9.1 Environmental mitigation --cper lump sum END OF SECTION 8-002 Key West International Airport S-002-2 July 2004 Seal Coat Ramps, Marking, T/W 9 Rehabilitation, And Environmental Mitigation ~-c ~ c " as ~:E: .C c oS ~lJ -= CJ :! l! -=1: 1:: 0 =0 Z't- - = ~ (I) .- :::::s ........ ~s ~(I) 0 0 0 0 0 0 .c ~. ~ ~ ::l T"" T"" C&) .... en N N .... c: ::l N ~ ~ ::l 0 :l ~ 0 >- CO) ~ >- tit m "0 Q) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ c: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 Q) 0 T"" co 0 ..... $ (I) <0 l.() <0 ~ 0 co ~ ..... l.() ~ co ~ N <0 N a. 0 ~ ~ ai ~ ~ ~ Il'i a) ~ N ~ ~ a) N ai a) Il'i Q) T"" T"" N E Q) E (I) (I) (I) T"" ~ $ ~ 0 ~ ~ ~ 0) l.() 0) co 0 N 8 m 'C: T"" $ ..... 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T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T'" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" N (I) ~ l.() <0 ..... co 0> 0 T"" N (I) ...,. l.() <0 ..... co m 0 T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" T"" N N C!; o ~ T"" o T"" .;..: o U) co Q) .... co o REFERENCE PROJECTS OVER 5500,000 CONTRACT No. OWNER AMOUNT E-2G17 Florida Department of Transportation - District Two $2,143,000 1109 South Marion Ave. Lake City, Florida (386) 758-3798 E-3G54 Florida Department of Transportation - District Three $1,000,000 P. O. Box 607. Chipley, FL (850) 638-0250 E-2F22 Florida Department of Transportation - District Two $ 916,100 1109 South Marion Ave. Lake City, Florida (850) 758-3798 E-5G57 Florida Department of Transportation - District Five $ 967,700 719 South Woodland Blvd. Deland, FL (386) 943-5523 CS-0167-02 City of Jacksonville, Florida $1,000,000+ (had for 5 years) Traffic Engineering Division City Hall Jacksonville, FL (904) 387~8877 INDEPENDENT AUDITORS' REPORT FINANCIAL STATEMENTS: Balance Sheets Statements of Income aild Retained Earnings Statements of Cash Flows Notes to Financial Statements CONTENTS PAGE 1 2 3 4 5 Masters 0mith& Wisby,PA. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS John L. Smith, CPA Gary W. Lee, CPA Steven D. Rawlins, CPA Gary M. Huggett, CPA Jeffrey F. Scales, CPA INDEPENDENT AUDITORS' REPORT Board of Directors Ameriseal of Northea.st Florida, Inc. 1 acksonville, Florida. We have audited the accompanying balance sheets of Ametiseal of Northeast Florida, Ine. as of December 31, 2003 and 2002, and the related statements of income and retained ~:rnings, and cash flows for the years then _ ended These financial statements are the responsibility of the Company's management Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perfonn the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes t'Tl1lT1inlng. on a test basis, evidence supporting the amounts and disclosures in the financial statements. An- audit also includes assessing the accounting principles- used and significant estimates made by management,- as well. as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements refetted to above present fairly, in all material respects, the financial position of Ameriseal of Northeast Florida, Ine. as of December 31, 2003 and 2002, and the results of its operations and its cash flows for the years then ended, in confonnity with accounting principles generally accepted in the United States of America. - / r'- frJ' ~- fef, ~fy;iJ~~~ fjVf'tJ\ Certified Public Accountants March 5, 2004 MIDTOWN CENTRE, SUITE 300 . 4811 BEACH BOULEVARD . TAC.t<:SONVTT.T _F R rmm A -:n'Jm December 31 LIABILITIES AND STOCKHOLDERS' EQUITY 2003 2002 Current Liabilities: Notes payable .$ 1,349,972 .$ 1,415,465 Accounts payable and accrued expenses 575,547 949,824 Current portion oflong-tenn debt 133,371 107,247 Total Current Liabilities 2,058,890 2,472,536 Long-Term Debt: Long-term debt 562,858 386,946 Less, portion due within .one year included in cut:rent liabilities 133,371 107,247 Total Long-Term Debt 429,487 279,699 StockholderS' Equity: Common stock, par value $1; authorized 1,000 shares; 300 shares issued and outstanding 300 300 Additional paid-in capital 174,700 174,700 Retained earnings 886,564 691,063 Total Stockholders' Equity 1,061,564 866,063 Total Liabilities and Stockholders' Equity $ 3,549,941 .$ 3,618,298 See notes to financial statements :2 AMERISEAL OF NORTHEAST FLORIDA, INe. BALANCE SHEETS ASSETS Current Assets: Cash and cash equivalents Accounts'recei:vable, trade (allowance for doubtful accounts not considered necessary) Inventory ToW CUttentAssets Other Assets: Deposits Property, Machinery and Equipment, At Cost L~ehold improvements Vehicles - Office equipment :Machinery and equipment Manufacturing equipment Less, accumulated depreciation ToW Property, Machinery and Equipment T ota! Assets See notes to financial statements 2 December 31 2003 2002 $ 750 $ 750 2,193,935 2,226,769 295,584 347,795 2,490,269 2,575,314 11,770 11,770 166,749 159,849- 1,151,074 930,753 20,497 21,868 1,329,742 1,185,977 104,934 104,934 2,772,996 2,403,381 1,725,094 1,372,167 1,047,902 1,031,214 $ 3,549,941 $ 3,618,298 ---.l1lI I I I I I I I I I I I II II II . . -- -- .. AMERlSEAL OF NORTHEAST FLORIDA, INC. STATEMENTS OF INCOME A.ND RETAINED EARNINGS Years. Ended December 31 2003 2002 Revenue: Sales $ 8,970,329 $ 8,177,589 Cost and Expenses: Materials and supplies Salaries and wages Depreciation and amortization Interest Rent Other costs and expenses 3,073,599 2,501,802 1,366,790 1,333,587 352,927 269,476 68,860 66,202 240,231 226,759 " 3,290,428 3,218,975 8,392,835 7,616,801 577,494 560,788 691,063 478,193 1,268,557 1,038,981 381,993 347,918 $ 886,564 . $ 691,063 Total Cost and Expenses Net Income Retained Earnings, Beginning of Year Less, Distributions to Stockholders Retained Earnings, End of Year See notes to financial statements 3 - ALY1ERISEAL OF NORTHEAST FLORIDA, INC. STATEMENTS OF CASH FLOWS Years Ended December 31 2003 2002. Cash Flows from Operating Activities: Net income $ 577,494 $ 560,788 Adjustments to reconcile net income to net cash flows from operating activities: Depreciation and amortization 352,927 269,476 Changes in operating assets and liabilities: Accounts receivable 32,834 (1,015,072) Inventory 52,211 69,345 Prepaid expenses 6,760 Accounts payable and accrued expenses (374,277) 384,252 Net Cash Flows from Operating Activities 641,189 275,549 Cash Flows from Investing Activities: Purchase of vehicles, machinery and equipment (154,167) (109,988) Net Cash Flows from Investing Activities (154,167) (109,988) Cash Flows from Financing Activities: Dismbutions to stockholders (381,993) (347,918) Repayment of stockholder debt (261,412) Net receipts from stockholders 100,522 Repayment oflong-tenn debt (140,058) (71,763) Net (payments) borrowings on line of credit (65,493) 515,532 Net Cash Flows from Financing Activities (487,022) (165,561) Net Change in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year 750 750 Cash and Cash Equivalents at End of Year $ 750 $ 750 Supplemental Disclosure of Cash Flow Information: Cash paid for: Interest $ 68,860 $' 66,202 Noncash investing and financing activities: . Equipment acquired by assuming liability $ 215,448 $' 265,200 See notes to financial statements 4 AMERISEAL OF NORTHEAST FLORIDA, INC. NOTESTOF~ANCULSTATEMENTS Years Ended December 31. 2003 and 2002 A Operations and Summarv of Significant Accounting Policies: Ameriseal of Northeast Florida, Inc. (the Company) began operations on January 1, 1990. The Company is located in St. Augustine, Flonda and engages in pavement rn~rk1ngs for commercial and governmental enterprises primarilY' in the State of Florida. Cash and Cash Equivalents: For purposes of the statement of cash flows, the Company considers all highly liquid debt instruments purchased with a matUrity of three months or less to be cash equivalents. Accounts Receivable: Accounts receivable are reported at the amount management expects to collect on balances outstanding at year-end. Management monitors outstanding balances and writes off receivables to bad debt expenses when it is determined that the accounts are uncollectible. Inventor.y: InventOl:Y is valued at cost (first-in, first-out method) or manet, whichever is lower. D~reciation: Property, machinery and equipment are being depreciated by the str2:ight-line method, over the following estimated lives: Years Leasehold improvements ; - Vehicles Office equipment Machinety and equipment Manufacturing equipment 30-40 5-7 7-10 5-10 5-10 Depreciation expense for property, "machinety and equipment for the years ended December 31, 2003 and 2002 was $352,927 and,$269,476, respectivdy. Mana,gement Estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts during the reporting period and at the date of the financial statements. Actual results could differ from those estiniates. Revenue Recognition Revenue from all contracts is recognized CUI:rently when invoiced Invoicing is done monthly on a rime and material basis as the work is performed or for fixed fee contracts _ that approximates a percentage of completion basis. (continued) 5 AMERISEAL OF NORTHEAST FLORIDA, INC. NOTESTOffNAN~STATEMENTS Years Ended December 31. 2003 and 2002 (continued) B. Inventories: Inventories consist of the following: Purchased supplies and materials Finished goods and raw materials c. Notes Pavable and Pledged Assets: BottoWings against a $1,500,000 line-of credit agreement with Wachovia Bank, collateralized by a general security agreement covering all company recdV2bles and invento~ as well as real estate owned by the company's. shareholders person.ally, the note bears interest at the lower of Libor plus 225% or Prime less .5%, payable monthly, the interest nte at 12/31/03 was 3.37% D. Long-Term Debt and Pledged Assets: Equipment purchase contracts, due in monthly installments totaling $14,970, including interest collateralized by equip1J:?ent . Notes payable to shareholder due December 24, 2005 with interest at the lowest applicable fedetal rate Maturities on the above debts are as follows: December 31 2004 2005 2006 2007 2008 Thereafter (continued) 6 2003 $' 149,273 146,311 $' 295,584 2003 $ 1,349,972 $' 455,402 $' 107,456 562,858 Amount $ 133,371 86,639 92,371 143,021 107,456 $ 562,858 .....-- ..-.:.::~~~f:~:'::;::':;:;~-~J~~'t4*~!Et~:~"~~:~7.~~: 2002 $' 181,182 166,613 $' 347,795 2002 $' 1,415,465 $ 380,011 $ 6,935 386,946 AMERISEAL OF NORTHEAST FLORIDA, INC. NOTES TO FINANCIAL STATEMENTS Years Ended December 31. 2003 and 2002 (continued) E. Equipment Rental Expense: The Company rents thirty three vehicles from various companies. Other costs and expenses :include rent expense of approximately $373,000 and $322,000 for 2003 and 2002 Currently, rental payments ate approximately $25,0~0 per month. 4t December 31, 2003, the Company was obligated under lease agreements requiring future payments as . follows: Year Ended December 31 2004 2005 2006 2007 200S $ 312,176 263,356 182,980 66,S39 17,698 $ 843,049 . E. Provision for Income Taxes: The stockholders lttve elected to be t2xed under the pro~ons of Subchapter S of the Intemal Revenue Code. Under .those prcrvisions, the Company does not provide for or pay federal and state' :income taxes. The: stockholders include any Company taxable :income or loss :in their :individual :income t2x retums and ate liable for any.related income taXes. G. Rmplo.yee Benefits: The Company has established a 401 (k) profit-sharing plan. for all employees that lttve completed one year of service as defined by the plan agrc;ement The Company matches 25% of employee contrlbutions up to a ma.x:in1um of six percent of gross wages, as provided in the plan. dOC1J%I.1ent The Company contributed $13,531 and $16,827 under this agreement for 2003 and 2002, respectively. H. Related Party Transactions. Facilities Rental Expenses: Rental expense, including sales tax" was $240,231 and $226,759 for 2003 and 2002, respectively. The Company's' operations are located at a facility :in St Johns County, Florida, which is owned by the shareholders. The Company anticipates its future rental expense as follows: December 31 2004 2005 2006 2007 2008 $ 244,800 249,696 254,690 259,784 264,979 $ 1,273,949 7