04/20/2005 Agreement
CIIItlIf DI
Circul coun
Danny L. Kolhage
(305) 292-3550 Office (305) 295-3663 Fax
Memnrandum
To:
Peter Horton, Airports Director
Attn:
Bevette Moore
From:
Isabel C. DeSantis, ,"_ /.
Deputy Clerk ~
Date:
Thursday, April 28, 2005
At the BOCC meeting of April 20, 2005 the Board approved execution of a
Contract between Monroe County and Atlantic Metals Welding & Fabrication, Co. to
replace handrails on the Customs Building at the Key West International Airport.
Attached hereto are three (3) duplicate originals of the above document for your
handling. Should you have any questions concerning the above, please do not hesitate
to contact this office.
cc: County Attorney
Finan7ce
File
CONTRACT DOCUMENTS
TERMINAL REHABILITATION
(CUSTOM BUILDING - REPLACE HANDRAILS)
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
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PFL 0003231
A.I.P. No. 3-12-0037-2404
PFC Application Nos. 8
URS Corporation Contract No.: 12638099.00000
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MR, MURRAY E. NELSON, DISTRICT 5
DR, DAVID P. RICE, DISTRICT 4
MS, DIXIE M. SPEHAR, DISTRICT 1
MR. GEORGE NEUGENT, DISTRICT 2
MR, CHARLES "SONNY" McCOY, DISTRICT 3
MAYOR
MAYOR PRO TEM
COMMISSIONER
COMMISSIONER
COMMISSIONER
Prepared by:
URS CORPORATION
NOVEMBER 2004
Progressive Express InSJril1ce Compil1Y
PO Box 94739
Oevelil1d, OH 44101
800-444-4487
PROGREIIlYE@J
Commercial Auto Insurance
Policy number: 08376534-0
.lcriuay28,2oo5
Page 1 of 1
Certificate of Insurance
C...1ificate Ho.....
MONROE COUNTY
1100 SIMIONTIN ST
KEY WEST, FL 33040
Insured Agent
......................................................................................................................................... .. " .. ..
ATLANTIC METALS WELDING PROGRESSIVE
5642 3RD AVE PO BOX 94739
KEY WEST, FL 33040 CLEVELAND, OH 44101
This document certifies that insurance polities identffied below have been issued by the designated insurer to the
insured named above for the period(s) indicated, This Certificate is issued for information purposes only, It confers no
rights upon the certfficate holder and does not change, alter, modify, or extend the coverages afforded by the polities
listed below. The coverages afforded by the polides listed below are subject to all the terms, exclusions, limitations,
endorsemen~, and conditions of these policies,
Policy Effective Date: Dee 2,2004
.................... .......................... .. A'''' ........................................................ .........
"S&lrlll~ ~~~ge(~,) .,..............,. .. ..
Bodily Injury/Property Damage
Policy Expiration Date: Dee 2,2005
Units
......................................................... .
$10,000/$20,000/$10,000
Description of LocationNehicleslSpecialltems
Scheduled au1Ds only
Certifica1e number
02805GGX534
Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation,
~
form 5241 (10102)
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
CONTRACT DOCUMENTS
FOR
TERMINAL REHABILITATION
(CUSTOM BUILDING - REPLACE HANDRAILS)
PFL 0003231
AJ.P. No. 3-12-0037-2404
PFC Application Nos. 8
URS Corporation Contract No.: 12638099.00000
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Prepared by:
URS CORPORATION
NOVEMBER 2004
TABLE OF CONTENTS
D IVI SI 0 N I............................................................................ BID DOCU M ENTS
DIVISION 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"",...,.",......." ,.. ,..........,.......,..,.." ,.....",., ,....."., ......,.., ........ ,1-14
SECTION D - BID BOND (N/A) ,..........,...... ......,..,..,........................,......,....,..........,......1-18
SECTION E - DRUG-FREE WORK PLACE........................,..........,............................,.I-19
SECTION F - PRIME BIDDER'S QUALlFICATIONS........,...........................,.....,.........1-20
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES .................,.......,.......................1-22
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM ,...................,.....1-23
SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (N/A) .........1-24
SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE
FLORIDA TRENCH SAFETY ACT (N/A) ...........,..............,...........,.........1-25
SECTION K - SWORN STATEMENT PURSUANT TO SECTION
287,133C3J(A), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIM ES ...,....",...., ...., ........ ,....... ,..... ........ .... ...., ,...... ,..."..,..".. ..1-26
SECTION L - SWORN STATEMENT UNDER ORDINANCE NO, 10-1990 .......,..........1-29
SECTION M - CERTIFICATION OF NONSEGREGATED FACILlTIES,.......................,1-30
SECTION N - FEDERAL WAGES DECISION,...,.........,.........,.....,.......,..........,.............1-31
SECTION 0 - CERTIFICATION REGARDING DEBARTMENT,
SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSION - 49 CFR PART 29 ..............................,................,.........,..1-35
1-1
SECTION A
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on December 10, 2004 at 11 :00 AM, the
Monroe County Purchasing Office will open sealed bids for the following:
Furnishing of all labor and materials and performing all work for constructing the following contract:
Terminal Rehabilitation
(Custom BuildinQ - Replace Handrails)
Kev West International Airport
Monroe County, Florida
The major items of work for the contract will be as follows:
The contractor shall provide all labor, engineering, materials and equipment to install new
handrails and develop demolition of the existing handrails in the Annex Custom Building at Key
West International Airport.
Specifications and Bid Documents may be requested from DemandStar by Onvia at
www,demandstar.com or www,co,monroeJl.us. or call toll-free at 1-800-711-1712. Technical questions
should be directed at the Engineer, URS Corporation, 7650 Corporate Center Drive, Suite 400, Miami,
Florida 33126-1220; Telephone (305) 262-7466, Fax (305) 261-4017.
Bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed envelope
marked on the outside: "Sealed Bid for Terminal Rehabilitation (Custom BuildinQ - Replace Handrails",
addressed and delivered either in person or by mail, preferably by special delivery, registered mail to:
Purchasing Office
1100 Simonton Street, Room 2-213
Key West, Florida 33040
All bids must be received by the (~'JU,.LY F Lf,:ha':.ii1[J .;ffC'J ::Jefr.." 1 ~ :00 AM, December 10. 2004, Any
bids received after this date and tirrlC: ,"viII be automa~ically 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 awar9ing or
otherwise. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids,
and to re-advertise for bids; and to separately accept or reject any item or items of bid and to award
and/or negotiate a contract in the best interest of the County,
Dated at Key West this
day of
,2004,
Monroe County Purchasing Department
1-2
Bids must be submitted upon the forms contained in the Contract Documents,
Guar::mtee 'NiII be required v.'ith each bid as follows: P.t least 5% of the amount of the
bid shall be filed in the form of a certified check or bid bond payable to the Monroe
County Board of Commissioners.
/\ 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,
All bidders submitting bids for construction, improvement, remodeling or repair of public
building, will furnish evidence that the bidder holds an appropriate current certificate or
registration per Ch, 489.113 FS, unless exempt under Ch, 489,103 FS,
A Pre-Bid Conference will be held on N/A local time, at the Key West International
Airport, Termin-al Building, Airport Manager Conference Room, Attendance by
prospective bidders is not mandatory, but is highly recommended. The purpose of the
Conference will be to answer questions and to familiarize potential bidders with the
Project.
1-3
SECTION B
INSTRUCTIONS TO BIDDERS
1. CONTENTS OF CONTRACT DOCUMENTS:
Proposal forms are contained in these Contract Documents, All papers bound
with or attached to the Proposal Form are a part of the Contract and must not be
detached or altered,
^ Bid Bond in tho form of ::1 cashior's chock, cortifiod chock or surety bond in tho
amount of not loss th::1n R'/O percont (5%) of tho total amount of bid submittod
sholl accompany oach proposal. Tho Bid Bond sh::111 bo modo payablo to Monroo
County Board of County Commissionor.
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 davs 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 "or:me Bidder's Qualification Form,)
10. AWARD OF CONTRACT:
The award of the contract, should it be awarded, will be made by the Owner to
the lowest responsible bidder whose proposal meets the requirements thereof,
The award, if made, will be made within ninety (90) days after opening of the
proposal but no award will be made until the responsibility of the bidder to whom
it is proposed to award the contract has been investigated. Notice of award will
be mailed by the Owner to the successful bidder at the address stated in his
proposal.
1-6
11. RETURN OF BID BOND:
All bid bonds excopt thoso of the two lowest qualifiod biddors will bo returned
promptly after tho tabulntion of tho bids has boon mndo and in no case will a bid
bond bo hold longor thnn ninoty (90) dnys without tho biddor's writton consont.
12. EXECUTION OF CONTRACT:
The successful bidder will be required to execute the contract nnd 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 officor or ngont signing on bohnlf of tho surety company bonding tho
contrnctor 'Ifill bo roquirod to filo a powor of attornoy \','ith tho bond oxocutod nnd
will bo requirod to affix tho Goal of tho surety to Gnid bond.
13. FAILURE TO EXECUTE CONTRACT:
Should the successful bidder fail or refuse to execute the contract nnd furnish
satisfactory bond within fifteen (15) days after notice of award has been issued
by the Owner, tho bond filed '.\lith tho proposnl shall beoomo tho proporty of tho
Gw~, At his option, the Owner may then annul the c'Nard ~nd ~v:~rc1 t"'e
contract to the next lowest responsible bidder or reject all proposals and re-
advertise,
14. CONTRACT TIME:
The contractor shall begin work after receipt of the Notice to Proceed in
accordance with Paragraphs 80-02 and 80-03 of the General Provisions and
Special Provisions Nos, 2 and 3, and shall fully complete performance within
forty-five (45) 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 :\ffidavit in Compliance \^.lith 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
Exclusion-49 CFR Part 29 (Division I, Section 0)
0, Copy of Contractor's license for State of Florida (Division I, Section A)
p, Bidder's Statement on Insurance (Division III, Section 140)
17, MARKING AND MAILING BIDS:
Bids, with their guaranties, must be securely sealed in suitable envelopes,
addressed and marked on the outside as follows:
1-8
Purchasing Office
1100 Simonton Street
Room 2-213
Key West, Florida 33040
Terminal Rehabilitation
(Custom Buildina - Replace Handrails)
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 property 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,
18. WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic request received from bidders
prior to the time fixed for opening. Negligence on the part of the bidder in
preparing-- the bid confers no right for the withdrawal of the bid after it has been
opened,
19. BIDDERS PRESENT:
At the time fixed for the opening of the bids, their contents will be made public for
the information of bidders and other property interested parties who may be
present either in person or by representation.
20. BIDDERS INTERESTED IN MORE THAN ONE BID:
If more than one bid for each contract is offered by anyone party, by or in the
name of his or their clerk, partner or other person, all such bids may be rejected.
A party who has quoted prices on materials to bidders is not thereby disqualified
from quoting prices to other bidders or from submitting a bid directly for the
materials of work.
21. ERRORS IN BID:
Bidders or their authorized agents are expected to examine the maps, drawings,
specifications and all other instructions pertaining to the work, which will be open
to their inspection. Failure to do so will be at the bidder's own risk and he cannot
secure relief on the plea of error in the bid, In case of error in the extension of
prices, the unit price will govern.
1-9
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 s3tisf3ctory security in the
3mount 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,
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.
1-10
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 Florid3 Trenoh Safety /".ct, if 3pplicable,
the bidder shall indicate in his bid his cost of oomplianoe with the requirements of
the Florida Trenoh Safety Act and Sh311 also complete 3nd properly execute the
bidder's Affidavit in oompli3nce with the provisions of the Florid3 Trench S3roty
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 ProQram (AlP). and funds from the Work Proiect
Improvement (WPI) ProQram administered bv the Florida Department of
Transportation (FOOT).
31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR
GOALS:
1-11
There are 0% DBE subcontractor goals for the FAA funding projects on this
contract. Should any DBE subcontractors be used on this contract, the
subcontractor's name, address, type of work perfonned 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.
33. DISADVANTAGED BUSINESS ENTERPRISE (OBi) POLICY
and OBLIGATION:
OBi POLICY: It is the polioy of the Florida Department of Transportation that
disadvantaged business enterprises as defined in 49 CFR Part 26, as amended,
ha'.<e the maximum opportunity to partioipate in the performanoe of oontracts
financed in whole or in part ':Jith Department funds oontract, The DBE
requirements of 49 CFR Part 26, as amended, apply to this oontract.
DeE OBUGA TION: Monfee-{;ounty 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 oontractors shall take all neoessary 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 perfonn
contracts. Grantees, recipients and their contractms shall not disoriminate on the
basis of raoe, oolor, national origin or sex in the m'mrd and performanoe of
Department assisted oontracts.
The Disadvantaged Business Enterprise Program statements and oertifioation
shall be fully completed and submitted as required by Section 160 of the
speoifications, This fonn 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
1-12
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;
:-ecruitment or recruitment advertising; layoff or termination, rates of payor other
forms of compensation; and selection for training, including apprenticeship, The
contractor shall insert a similar provision in all subcontracts, except subcontracts
for standard commercial supplies or raw materials.
35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of
Nonsegregated Facilities as required by Section 120, shall be completed and
submitted with the bid proposal. This form is provided in Division I, Bid
Documents, Section M.
1-13
SECTION C
PROPOSAL
Contract
BID TO: Purchasing Office
1100 Simonton Street
Room 2-213
Key West, Florida 33040
BID FROM: Atlantic l-letals Welding & Fabrication Co.
5642 3rd Ave.
Key (vest, Fl.., 33040
Submitted (Date): 12-3-04
The undersigned, as Bidder, hereby declares that he has examined the site of the work
and informed himself fully in regard to all conditions pertaini'l) to the place where the
work is to be done; that he has examined the plans and specifications for the work and
contractual documents relative thereto, and has read all bid documents, Contract
Documents, General Provisions, Special Provisions and Specifications furniShed; and
that he has satisfied himself relative to the work to be performed.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the
Monroe County Board of Commissioners, in the form of contract specified, to furnish all
necessary materials, equipment, machinery, tools, apparatus, means of transportation
and labor necessary to and to complete the construction of
Terminal Rehabilitation
(Custom Buildina - ReD lace Handrails)
Kev West International Airoort
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 "At>. The
Schedule shall be added and the final total base bid amount will be:
$ Forty-four thousand five hundred twentv---------------- Dollars
(total base bid - words)
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 a::tual quantities required for construction will not be
allowed as basis for claims by the Contractor for extra compensation. Compensation will
be based on the unit prices and actual construction quantities and may be modified as
stipulated by Sections 20-05 and 90-03 of the General Provisions,
The bidder further proposes and agrees hereby to commence the work with an
adequate force, plant and equipment at the time stated in the notice to the Contractor
from the Owner to proceed and fully complete performarce within the time period stated
in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed.
The l.JREl9F8igAeEl fill1Rer agFees tAat iA sase of faill.Jre OR Ris part te eX8Gl.Jte the saiEl
CORnet aREI tAe BOAEI \VitAiR teA (10) GeAseGl.Jth'fJ saleRElar Elays after \-mtteR ROties
Being giveR 9f tAe 8\\'arEI of tAe CORnet, tAe ct:leck or BiEl bOAEI iA tAe a~Ol.JAt as
specifieEI heFein accompaRyiAg this biEl aREI the mORies payable #lereoR, BRall be paiEl
inte tAe NnEls of me MORme COl.JRty ioaRl of Commissior:1er:s as liq""iElataEl damages fer
sl.Jch faill.JFe; othervJiEe, the meck or biEl bond accompanyiRg tAis proposal st:lall be
Fe1umeEl te 1I:1e l.JREler:sigRed.
Monroe County's performance and obligation to pay under this Contract, is contingent
upon an annual appropriation by the BOCC.
AttacheEl hereto is a Q8rtifieEI check OR tRe
iaRk of
the Sl.Jm of Elollars ($
maEle payable to the Monros COl.JRty iearEl of CommisBioR8m,
or a biEl bOREI for
)
Checkmarks
I have included Division I which entails the proposal forms.
Schedule of Bid Items (Attachment "A").
iiEl iond
The Drug-Free Workplace form.
1-15
(/, '.....-'
Prime Bidder's Qualifications:
..' list of major contracts in past 1 g year:g
v' , list of equipment and plant available for this project
~ "../ Copy of latest financial statement
, ,.. /' Disclosure of Lobby Activities
..
'\.',.'hL l.r' Acknowledgement of Receipt of Addendum
Disa,k~A&ag_ Bysines. iAter:pFise ProgFam
DBE! UtiliHti9n F.er:m -Attachment 1-, Oi\Asi9n III
DB. l.etter of InteAt -.A.ttaef::lFRent2-, Dp.~isi9A III
.. . iidder'a ".1Iidavi iA COFRplianS8 ..-Jia:I FloFic:ia TF8nGA Safety Ad
v Sworn Statement Pursuant to Section 287.133(3){a), Florida Statutes, on Public
"..Entity Crimes
V . SWorn Statement Under Ordinance No. 10-1990
~ Certification of Nonsegregated Facilities
..lc::::.- ...Federal Wage Decision
.7' Certification Regarding Debarbnent, Suspension, Ineligibility, and Voluntary
. Exclusion - 49 CFR Part 29 "
;/
\'/ Copy of Bidder's Ucense for State of Florida, evidence of competency and
evidence of financial responsibility
Bidder's Statement on Insurance
,/
f"'ll
v
(Checkmark items above as a reminder that they are included.)
Mailing Address: Atlantic Itfetals iveldin~ & Fabr. Co.
5642 3rd Ave.
Key West, Fl. 33040
Phone Number:
(305) 293-1865
Date: 12-02-04
Signed:
?~/~
Duane Kahn
(Name)
president
Witness:
,,</t/~,1i--
(Title)
(Seal)
~16
ATTACHMENT MA"
SCHEDULE OF BID ITEMS
HANDRAILS
BIDDER MAlE: Atlantic detals Welding & Fabrication Co.
AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT
PFC APP No: 8 AlP NO.: 3-12-0037-2404
PFL No: 0003231
PROJECT DESCRlP11ON: TERMINAL REHABlUTATION (CUSTOM ElJILDING - REPlACE HANDRAILS)
SPEC ESllMATED UNT PRICE EXlENDED
ITEM No. ITEM DESCRIPllON UNJT QUANTITY .. TOTAL
NUIIEIERS
MobiliDtion
ATOne thousand eieht hundred $1,800.ob
1 P-101-3.1 Dollars LS 1
AND 7.prn
Cents
Removal of existing handrails on walls
05720- ATFour $4.00 $640.0
2 5.1.1 Dollars LF 160
AND zero
Cents
Removal of existing handrails on floor
3 05720- ATEight LF 680 $8.00 $5,440.ob
5.1.2 Dollars
AND zero
Cents
Furnish and install aluminum handrail on
walls, compIeIB in pIlIce
4 05720- ATTwenty-five LF 160 $25.00 $4,000.0
5.1.3 Dollars
AND zero
Cents
Furnish and install aluminum handrail on
floor, compIeI& In place
5 05720- ATForty-eight LF 680 $48.00 32,640.0
5,1.4 Dollars
ANDZerO
Cents
TOTAL BID ITEMS 1 THROUGH 5
46. Cj?O 0/
1-17
SECTION D
BID BOND
This section does not apply
1-18
SECTION E
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that
Atlantic Metals Welding & Fabrication en
(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 dn.g
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,
7l~.J~re
Date: 12-02-04
l-19
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: Atlantic i:1etals Welding & Fabrication Co.
2.
Business Address: 5642 3rd Ave.
Key West, Fl. 33040
3. Telephone Number: (305) 293-1865
4. VVhen Organized: 2001
5. VVhere Incorporated: 2003 Florida Corp /I P03000143494
6. How many years have you been engaged in the contracting business under the
present firm name? 3.5 yrs.
7. What is the type of construction work in which you are principally engaged?
handr.ails, gates, fencin , aluminum & wrOll ht iron-ornamental sec.
stee reln. iron spec.
S, On separate sheet list major contracts in past 1 g yea~,
9. On separate sheet list equipment and plant available for this project.
10. Enclose a copy of latest Financial Statement.
11. Credit Available for this Contract: $25 .000.00
12. Contracts now in hand, Gross Amount: $ 262,177.64
13. Have you ever refused to sign a contract at your original bid? no
14. Have you ever been declared in default on a contract? no
15. On separate st:1eet, list the last five (5) prejectE aver $50g,ggg on which the
contraGter has ':.f.9rked, and telephone n"n::nbe~,
16. Rema~s: We have over 30 yrs. combined experience in welding &
fabrication. We will have completed The Harbor House at time of this submittal
and be doinlS project 004-04 Mallory S~uare awarded to us by The City of K, v!.
(The above statements must be subSCribed and sworn to before a Notary Public.)
1-20
Date: 12-02-04
Firm Name: Atlantic Metals ~lelding & Fabrication Co,
By:
y~~
Title:
president
Notary Public: ~
.'
1-21
. 2'i~:~$::;"\,
~,
......~;
.' I'>
<1" "
: ',~ :::
,',
,....'
.....\'
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts. Grants. Loans and Coouerative ~areements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of
the undersigned to any person for influencing or attempting to influe nce 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:
,r7)~ /~,L
COntractor's Authorized Representative
Dated: /2. - 2. -() Y
l-22
SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
I Addendum I Signature I Date I
No,
1-23
SECTION I
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
This section does not apply
1-24
SECTION .J
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH
FLORIDA TRENCH SAFETY ACT
(SECTION 553.60-553.64, FLORIDA STATUTES)
This section does not applv
1-25
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,
Terminal Rehabilitation (Custom Bldg-Replace handrails)
ror replace handrails
2. This sworn statement is submitted by Atlantic Metals Welding & Fabrication Co.
(name of entity submitting sworn statement)
whose business address is 5642 3rd Ave.
Key West, Fl. 33040
and (if applicable) its Federal Employer Identification Number (FEIN) is:
45-0536163
(If the .entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement .)
3.
My name is Duane Kahn
my (please print name of individual signing)
and
relationship to the entity named above is president
4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract ror goods or services to
be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving anti-trust, fraud, theft, bribery,
collusion, racketeering, conspiracy or material mis-representation.
5. I understand that "convicted" or "conviction", as defined in Paragraph
287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a
public entity crime with or without an adjudication of guilt in any Ederal 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.
1-26
6. I understand that an "affiliate", as defined in Paragraph 287,133(1)(a), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a pUblic entity
crime; or
b. An entity under the control of any natural person who is active in
the management of the entity and who has been convicted of a public
entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members and agents who
are active in the management of an affiliate. The ownership by one
person of shares constituting a controlling interest in another person or a
pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters into
a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. I understand that a "person", as defined in Paragraph 287. 133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any
state or of the United States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members and agents
who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is
true in relation to the entity submitting this sworn statement. (Indicate which
statement applies,)
x Neither the entity submitting this sworn statement nor any of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity, nor any affiliate of
the entity has been charged with and convicted of a publiC entity crime
subsequent to July 1, 1989.
The entity slbmitting 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
1-27
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:
Il~~ /~
president
Title
12-02-04
Date
STATE OF FLORIDA
COUNTY OF: ~-lonroe
The foregoing instrument was acknowledged before me this :L Ub day of P.f."VhI~
20Lll,by Duane Kahn of Atlantic Metals Welding & FRhr r.o
(Sole, Corporation or Partnership)
wh '8 persona" known to me r who has produced
as iden cation and who did/did not take an oath.
b ~ry Public. Slate of Florida at Large)
6<< stin M-h
(Print name of Notary Public)
My Commission Expires (, -3-1) Y'
1-28
Jan 28 05 10:35a
Atlantic Metals
305 293 1862
p.2
SECTION L
SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Atlantic Metals Welding and Fabrication Co, warrants that heflt has not employed, retained or
otherwise had act on hisfJts behalf any former County officer or employee in violation of Section
2 of Ordinance No.1 0-1990 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 fuff amount of any fee, commission,
percentage, gift or consideration paid to the fenner County officer or employee.
STATE OF: Florida
p~, I~--
(Signature)
Date: J - :l.,.. - 0 ~-
COUNTY OF: Momoe
PERSONALLY APPEARED BEFORE ME the undersigned authority:
Duane Kahn of Atlantic Metals Welding and Fabrication Co" who, after first being swom by me,
affixed hislher signature (name of individual signing) in the space provided above on this 2Slll
day of January .....2005.
,&~ '7'~ .
(Signature of Notary Public, State of Florida at Large)
Susan Kahn
(Print name of Notary Public)
~\\\""'U"Ulll
~," . .c:.AN kA. -~..~
~ e.V"" = '"V)) ~
~ ~ ........ ~ ~
~ .~~. ~
~ ..~~~03'<Ob'f1i,.. ~
: : ~ ~ ~ =
=*. --- .*=
~ c. ~.'l -00325996 1.': ~ ~
~ ~ ..~'-- ~.. €ij ~
~ ~ '.-.~,s\~.' ~ ~
~ ~...:'''''' ~~ ~
~,~~. stj\.~~ '!I.,,*-':
~1'",,"U'\\\\
My Commission Expires June 03,2008
."
-.'
1-29
SECTION M
CERTIFICATION OF NONSEGREGATED FACILITIES
Contract
(As Required by Division III, Section 120 Subsection 120-02
Equal Employment Opportunity Requirements of the General Provisions)
The federally assisted construction contractor certifies that he does not maintain or
provide, for his employees, any segregated facilities at any of his establishments and
that he does not permit his employees to perform their services at any location, under
his control, where segregated facilities are maintained. The federally assisted
construction contractor certifies that he will not maintain or provide, for his employees,
segregated facilities at any of his establishments and that he will not permit his
employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally assisted construction contractor
agrees that a breach of this certification is a violation of the equal opportunity clause in
this contract. As used in this certification, the term "segregated facilities" means any
waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, timelocks, locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit directives or are in
fact segregated on the basis of race, color, religion, or national origin because of habit,
local custom, or any other reason. The federally assisted construction contractor
agrees that (except where he has obtained identical certifications from proposed
subcontractors for specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontractorn exceediM.g $10,000 which
are not exempt from the provisions of the equal opportunity clause and that he will
retain such certifications in his files.
~/d-
Signa re of Contractor
oresident
Title
~30
SECTION N
FEDERAL WAGE DECISION
Use the latest publication or the attached publication dated 06/13/2003 (for Building) if
that is the latest list issued for Monroe County,
1-31
GENERAL DECISION: FL20030050 FL50
Date: June 13, 2003
General Decision Number: FL20030050
Superseded General Decision No. FL020050
State: Florida
Construction Type:
BUILDING
County (ies) :
MONROE
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of singele family homes and apartments up
to and including 4 stories,)
Modification Number
o
Publication Date
06/13/2003
COUNTY (ies) :
MONROE
SUFLI017A 01/25/1990
CARPENTERS
Rates
12.60
Fringes
1. 83
CEMENT MASONS
7.00
ELECTRICIANS
8,40
14%+.20
IRONWORKERS
9,45
1. 41
LABORERS, GENERAL
5,15
PAINTERS
8.80
1. 07
PLUMBERS & PIPEFITTERS
9.50
PLASTERERS
8,10
ROOFERS
8.47
TRUCK DRIVERS
5.15
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
( 2 9 C FR 5. 5 ( a) (1) (i i ) ) ,
----------------------------------------------------------------
1-32
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
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U, S. Department of Labor
200 Constitution Avenue, N, W.
Washington, D. C, 20210
2.) If the answer to the question in 1,) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7), Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N, W.
Washington, D, C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
1-33
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
1-34
SECTION 0
CERTIFICATION REGARDING DEBARTMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION. 49 CFR PART 29
(Version 1. 5190)
The bidder/offerer certifies, by submission of this proposal or acceptance of this
contract, that neither it nor its principals is presently debarred, suspended, proposed for
debartment, declared ineligibility, or voluntarily excluded from participation in this
transaction by any Federal department or agency, It further agrees by submitting this
proposal that it will include this cause without modification in all lower tier transactions,
solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor
any lower tier participant is unable to certify to this statement, it shall attach an
explanation to this solicitation/proposal,
~~ /d!-
Signature of Contractor
Dresident
Title
~35
,CONTRACT
SECTION A
SECTION B
SECTION C
SECTION 0
DIVISION II
CONTRACT
- PUBLIC CONSTRUCTION BOND {N/A).............,..............,......................1I-2
- CERTIFICATE OF OWNER'S ATTORNEY (N/A) ,......,....,......,........,.......,11-3
- ACKNOWLEDGMENT FOR CHANGE ORDERS ..........,....,....,..,..,.......,..11-4
- CO NTRACT ,......,..,.."..,..,....'" ....",..'..,....", ,..."" ,...."........,.., ,..,.., ....,...... ,11-5
11-1
SECTION A
PUBLIC CONSTRUCTION BOND
This section does not apply
11-2
SECTION B
CERTIFICATE OF OWNER'S ATTORNEY
This section does not apply
11-3
SECTION C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West, Florida
REF: Terminal Rehabilitation
(Custom Buildina - Replace Handrails)
Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law:
1. Unusual and difficult circumstances which arose during the course of the
execution-of the contract which could not have been reasonably foreseen.
2, Where competitive bidding for the new work for new money will work to the
serious detriment. of the awarding authority,
3, Emergencies arising during the course of the work.
4, Changes or alterations provided for in the original bid and originals contract.
Atlantic detals iJeldillg & FabricatiorFCo.
Contractor
By: 7~ /~
Title: president
11-4
SECTION D
CONTRACT TO
Terminal Rehabilitation
(Custom Building - Replace Handrails)
Key West International Airport
THIS AGREEMENT made and entered into the day of
by and between L~tlantic Uetals ~ielding ,ie Fabrication Co, Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with
the Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in
the manner and form as provided by the following enumerated Instruction to
Bidders, form of Proposal, General Provisions, Special Provisions, Technical
Specifications, Form of Contract, Form of Bond, Drawings, and Addenda, which
are attached hereto and made a part hereof, as if fully contained herein, for the
construction of:
Terminal Rehabilitation
(Custom Buildina - Replace Handrails)
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 forty-five (45) 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 Horty--four thousand five humlc2d tuent\T-n- Dollars
($44, 52U.uU ) in accordance with lump sum and unit prices set forth in the
proposal.
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the Contractor basis of a duly certified and approved estimate
11-5
of work performed during the preceding calendar month by the Contractor, less
ten percent (10%) of the amount of such estimate which is to be retained by the
Owner until all work has been performed strictly in accordance with this
agreement.
5,
Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account
of this agreement shall be made within twenty (20) days after the completion by
the Contractor of all work covered by this agreement and the acceptance of such
work by the Owner,
6,
It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages Section per day for each day thereafter, Sundays and
holidays included, that the work remains uncompleted, which sum shall represent
the actual damages which the Owner will have sustained per day by failure of the
Contractor to complete the work within the time stipulated and this sum is not a
penalty being the stipulated damages the Owner will have sustained in the event
of such default by the Contractor.
7,
It is furthor mutually agmed bO!\Noon tho partios horeto that if at any time ~~r
tho oxeoution of this agreement and tho sumty bond hemto attaehed fo 's
faithful pelfeFmaAGe, the Owner shall deem the ""rely er s"reties u~ :::
bond to be unsatisfactory, or if, for any mason, suoh bond oeasos to be :1 €f
to ooyer the porformanoe of tho 'NOrk, the Contr-actor shall, :1t its m<pen: ~~t~~
fivo (5) days aftor the reooipt of notice fr:om tho O'Nnor so to do, fu i
additional bond or bonds in suoh form and amount and with such su~~ ~r
surotios as shall bo satisfactory to tho Ol/mor. In suoh oyont, no furthor paymont
to tho Contr-aotor shall bo doomod to bo duo undor this agrooment until suoh new
or additional seourity for the faithful performanoe of the work shall be furnished in
manner and form satisfactory to the Ownor.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day
and date first above written in two (2) counterparts, each of which shall, without proof or
accounting for the other counterpart, be deemed an original contract.
,c!..tlantic rJ2tals J;~ldilH; i~ t"abricat ion Co.
(Contractor)
By: JJ~ /c;L
Title:
PEDRO J,
ASSISTANT C
1
WITNESS: .1..,.,.,...;.,., .;LD.. II-
WITNESS:~':~ ;d)-"(f~_
STATE OF FLORIDA
COUNTY OF yY\ot\V'o Q...
I, the undersigned authority, a Notary Public in and for said County and State hereby
certify that JJu...C>... '" ~ \-<0.. ~ Y'I whose name as \I>('~ hcl'(.\A\-- -/\-+/..., 'tI\tsof _ 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 seal this r L.J {! day of mo..'Cc-'~ ,2065 ,
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11-7
GENERAL PROVISIONS
DIVISION III
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS ...............................,..............,............,.............111-2
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS.....,....................,..... 111-8
SECTION 30 - AWARD AND EXECUTION OF CONTRACT ....,...............,...................111-12
SECTION 40 - SCOPE OF WORK ........,....,............,.........,..........,.....................,..........111-14
SECTION 50 - CONTROL OF WORK ....,...................,............................,.....................111-19
SECTION 60 - CONTROL OF MATERIALS ...............,.......,..........................................111-27
SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ..................111-31
SECTION 80 - PROSECUTION AND PROGRESS .......................................................111-44
SECTION 90 - MEASUREMENT AND PAYMENT ............................................,.......,...111-51
SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM (N/A) ...........,..........111-59
SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIALS
WITHIN SPECIFICATION LIMITS (PWL) (N/A) .....................................111-60
SECTION 120 - CONSTRUCTION CONTRACT CLAUSES AIRPORT
IMPROVEMENT PROGRAM '..... ...... '..,.., ,.....,... '......., ......,.... ,....,..,...,.., 111-61
SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ........111-87
SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS (N/A) ............................,111-88
SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (N/A).....,...1II-96
111-1
DIVISION 111- 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 c;onstruction where these specifications
govern, the intent and meaning shall be interpreted as follows:
10-01 AASHTO, The American Association of State Highway and Transportation
Officials, the successor association to AASHO.
10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements
constructed thereon connecting the airport to a public highway,
10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting
bids for work to be performed and materials to be furnished.
10-04 ADDENDUM, A modification of the plans or other Contract documents issued by
the Engineer and distributed to prospective bidders prior to the opening of the proposal.
10-05 AlP, The Airport Improvement Program, a grant-in-aid program, administered by
the Federal Aviation Administration.
10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational
material and guidance, when referred to in the drawings (Plans) and Specifications,
advisory circulars shall have the same force as supplemental Specifications.
10-07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air
operations area shall mean any area of the airport used or intended to be used for the
landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air
operation area shall include such paved or unpaved areas that are used or intended to
be used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous
safety areas that are used or intended to be used for the unobstructed movement of
aircraft in addition to its associated runway, taxiway, or apron,
10-08 AIRPORT. Airport means an area of land or water which is used or intended to
be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if
any.
10-09 ASTM, The American Society for Testing and Materials,
10-10 AWARD, The acceptance, by the owner, of the successful bidder's proposal.
111-2
10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal
to guarantee that the bidder will enter into a contract if his proposal is accepted by the
Owner.
10-12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or
through a duly authorized representative, who submits a proposal for the work
contemplated,
10-13 BUILDING AREA. An area on the airport to be used, considered, or intended to
be used for airport buildings or other airport facilities or rights-of-way together with all
airport buildings and facilities located thereon.
10-14 CALENDAR DAY, Every day shown on the calendar.
10-15 CERTIFICATES OF COMPLIANCES, Written statements by the manufacturer
stating the material furnished is in conformance with the Specifications,
10-16 CHANGE ORDER. A written order to the Contractor covering changes in the
plans, specifications, or proposal quantities and establishing the basis of payment and
contract time adjustment, if any, for the work affected by such changes. The work,
covered by a change order, shall be within the scope of the contract.
10-17 CONTRACT. The written agreement covering the work to be performed. The
awarded contract shall include, but is not limited to: The Advertisement; The Contract
Form; The Proposal; The Performance Bond; The, Payment Bond; any required
insurance certificates; The Specifications; The P~ans, and any addenda issued to
bidders,
10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be
performed. The awarded Contract shall include, but is not limited to: the Invitation for
Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items;
the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required
insurance certificates; the General and Special Provisions; the Technical Specifications;
the Plans; any addenda issued to Bidders; and any Change Orders issued to the
Contractor.
10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is
provided in the contract.
10-20 CONTRACT TIME. The number of calendar days or working days, stated in the
proposal, allowed for completion of the contract, including authorized time extensions.
If a calendar date of completion is stated in the proposal, in lieu of a number of calendar
or working days, the contract shall be completed by that date.
111-3
10-21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable
for the acceptable performance of the work contracted and for the payment of all legal
debts pertaining to the work who acts directly or through lawful agents or employees to
complete the contract work,
10-22 DRAINAGE SYSTEM, The system of pipes, ditches, and structures by which
surface or subsurface waters are collected and conducted from the airport area,
10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by
the owner (sponsor) to be responsible for engineering supervision of the contract work
and acting directly or through an authorized representative,
10-24 EQUIPMENT. All machinery, together with the necessary supplies for upkeep
and maintenance, and also all tools and apparatus necessary for the proper
construction and acceptable completion of the work.
10-25 EXTRA WORK. An item of work not provided for in the awarded contract as
previously modified by change order or supplemental agreement, but which is found by
the Engineer to be necessary to complete the work within the intended scope of the
contract as previously modified,
10-26 FAA. The Federal Aviation Administration of the U.S. Department of
Transportation. When used to designate a person, FAA shall mean the Administrator or
his/her duly authorized representative.
10-27 FOOT, The State of Florida Department of Transportation.
10-28 FEDERAL SPECIFICATIONS, The Federal Specifications and Standards, and
supplements, amendments, and indices thereto are prepared and issued by the General
Services Administration of the Federal Govemment.
10-29 INSPECTOR, An authorized representative of the Engineer assigned to make
all necessary inspections and/or tests of the work performed or being performed, or of
the materials furnished or being furnished by the Contractor.
10-30 INTENTION OF TERMS, Whenever, in these specifications or on the plans, the
words "directed," "required," "permitted," "ordered," "designated," "prescribed," or
words of the like import are used, it shall be understood that the direction, requirement,
permission, order, designation, or prescription of the Engineer is intended; and similarly,
the words "approved," "acceptable," "satisfactory," or words of like import, shall mean
approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to
the final determination of the owner.
111-4
Any reference to a specific requirement of a numbered paragraph of the contract
specifications or a cited standard shall be interpreted to include all general requirements
of the entire section, specification item, or cited standard that may be pertinent to such
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,
10-34 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 tenn owner shall mean the party of the first part or
the contracting agency signatory to the contract. For AlP contracts, the tenn sponsor
shall have the same meaning as the tenn owner.
10-38 PAVEMENT, The combined surface course, base course, and subbase course,
if any, considered as a single unit.
10-39 PAYMENT BOND. The approved form of security furnished by the Contractor
and his/her surety as a guaranty that he will pay in full all bills and accounts for
materials and labor used in the construction of the work,
10-40 PERFORMANCE BOND, The approved fonn of security furnished by the
Contractor and his/her surety as a guaranty that the Contractor will complete the work in
accordance with the tenns of the contract.
111-5
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,
10-42 PROJECT, The agreed scope of work for accomplishing specific airport
development with respect to a particular airport.
10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved
proposal form) to perform the contemplated work and furnish the necessary materials in
accordance with the provisions of the plans and specifications.
10-44 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee
that the bidder will enter into a contract if his/her proposal is accepted by the owner.
10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of
aircraft.
10-46 SPECIAL PROVISIONS, The specific clauses setting forth conditions or
requirements peculiar to the project under consideration, covering work or material
involved in the proposal and estimate, which are not thoroughly or satisfactorily
stipulated in these Specifications.
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, materials, and supplies, used directly or indirectly by the said
Contractor or subcontractor in the prosecution of the work.
10-50 STRUCTURES, Airport facilities such as bridges; culverts; catch basins, inlets,
retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains;
electrical ducts, manholes, hand holes, lighting fixtures and bases; transformers; flexible
and rigid pavements; navigational aids; buildings; vaults; and, other manmade features
of the airport that may be encountered in the work and not otherwise classified herein.
10-51 SUBGRADE. The soil which forms the pavement foundation,
10-52 SUPERINTENDENT, The Contractor's executive representative who is present
on the work during progress, authorized to receive and fulfill instructions from the
Engineer, and who shall supervise and direct the construction,
111-6
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.
10-54 SURETY, The corporation, partnership, or individual, other than the Contractor,
executing payment or performance bonds which are furnished to the owner by the
Contractor.
10-55 TAXIWAY, For the purpose of this document, the term taxiway means the
portion of the air operations area of an airport that has been designated by competent
airport authority for movement of aircraft to and from the airport's runways or aircraft
parking areas.
10-56 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals
necessary or convenient to the Contractor's performance of all duties and obligations
imposed by the contract, plans, and specifications.
10-57 WORKING DAY. A working day shall be any day other than a legal holiday,
Saturday, or Sunday on which the normal working forces of the Contractor may proceed
with regular work for at least 6 hours toward completion of the contract. Unless work is
suspended for causes beyond the Contractor's control, Saturdays, Sundays and
holidays on which the Contractor's forces engage in regular work, requiring the
presence of an inspector, will be considered as working days.
END OF SECTION 10
111-7
SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized
agent, shall publish the advertisement at such places and at such times as are required
by local law or ordinances. The published advertisement shall state the time and place
for submitting sealed proposals; a description of the proposed work; instructions to
bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty
required; and the owner's right to reject any and all bids.
20-02 PREQUALlFICA TION OF BIDDERS. Each bidder shall furnish the owner
satisfactory evidence of his/her competency to perform the proposed work. Such
evidence of competency, unless otherwise specified, shall consist of statements
covering the bidder's past experience on similar work, a list of equipment that would be
available for the work, and a list of key personnel that would be available. In addition,
each bidder shall furnish the owner satisfactory evidence of his/her financial
responsibility. Such evidence of financial responsibility, unless otherwise specified,
shall consist of a confidential statement or report of the bidder's financial resources and
liabilities as of the last calendar year or the Contractor's last fiscal year, Such
statements or reports shall be certified by a public accountant. At the time of submitting
such financial statements or reports, the bidder shall further certify whether his/her
financial responsibility is approximately the same as stated or reported by the public
accountant. If the bidder's financial responsibility has changed, the bidder shall qualify
the public accountant's statement or report to reflect his/her (bidder's) true financial
condition at the time such qualified statement or report is submitted to the owner.
Unless otherwise specified, a bidder may submit evidence that he is prequalified with
the State Highway Division and is on the current "bidder's list" of the state in which the
proposed work is located. Such evidence of State Highway Division prequalification
may be submitted as evidence of financial responsibility in lieu of the certified
statements or reports hereinbefore specified.
Each bidder shall submit "evidence of competency" and "evidence of financial
responsibility" to the owner at the time of the bid opening,
20-03 CONTENTS OF PROPOSAL FORMS, The owner shall furnish bidders with
proposal forms, All papers bound with or attached to the proposal forms are necessary
parts and must not be detached,
The plans specifications, and other documents designated in the proposal form shall be
considered a part of the proposal whether attached or not.
111-8
20-04 ISSUANCE OF PROPOSAL FORMS, The owner reserves the right to refuse to
issue a proposal form to a prospective bidder should such bidder be in default for any of
the following reasons:
A. Failure to comply with any prequalification regulations of the owner, if such
regulations are cited, or otherwise included, in the proposal as a
requirement for bidding.
B, Failure to pay, or satisfactorily settle, all bills due for labor and materials
on former contracts in force (with the owner) at the time the owner issues
the proposal to a prospective bidder,
C. Contractor default under previous contracts with the owner.
D. Unsatisfactory work on previous contracts with the owner,
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES, An estimate
of quantities of work to be done and materials to be furnished under these specifications
is given in the proposal. It is the result of careful calculations and is believed to be
correct. It is given only as a basis for comparison of proposals and the award of the
contract. The owner does not expressly or by implication agree that the actual .
quantities involved will correspond exactly therewith; nor shall the bidder plead
misunderstandirtg or deception because of such estimates of quantities, or of the
character, location, or other conditions pertaining to the work, Payment to the
Contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications. It is understood that the
quantities may be increased or decreased as hereinafter provided in the subsection
titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way
invalidating the unit bid prices,
20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE, The bidder is
expected to carefully examine the site of the proposed work, the proposal, plans
specifications, and contract forms, He shall satisfy himself as to the character, quality,
and quantities of work to be performed, materials to be furnished, and as to the
requirements of the proposed contract. The submission of a proposal shall be prima
facie evidence that the bidder has made such examination and is satisfied as to the
conditions to be encountered in performing the work and as to the requirements of the
proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for
inspection of bidders. It is understood and agreed that such subsurface information,
whether included in the plans, specifications, or otherwise made available to the bidder,
was obtained and is intended for the owner's design and estimating purposes only.
Such information has been made available for the convenience of all bidders. It is
further understood and agreed that each bidder is solely responsible for all
assumptions, deductions, or conclusions which he may make or obtain from his/her
111-9
examination of the boring logs and other records of subsurface investigations and tests
that are furnished by the owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on
the forms furnished by the owner, All blank spaces in the proposal forms must be
correctly filled in where indicated for each and every item for which a quantity is given.
The bidder shall state the price (written in ink or typed) both in words and numerals for
which he proposes to do each pay item fumished in the proposal. In case of conflict
between words and numerals, the words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an
individual, his/her na~ and post office address must be shown. If made by a
partnership, the name and post office address of each member of the partnership must
be shown. If made by a corporation, the person signing the proposal shall give the
name of the state under the laws of which the corporation was chartered and the name,
titles, and business address of the president, secretary, and the treasurer. Anyone
signing a proposal as an agent shall file evidence of his/her authority to do so and that
the signature is binding upon the firm or corporation.
20-08 IRREGULAR PROPOSALS, Proposals shall be considered irregular for the
following reasons:
A. If the proposal is on a form other than that furnished by the owner, or if the
owner's form is altered, or if any part of the proposal form is detached,
8, If there are unauthorized additions, conditional or alternate pay items, or
irregularities of any kind which make the proposal incomplete, indefinite,
G, etherwise 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 pFOposal guaranty spocified 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.
~ ~ ~D CUi\RANTE"'. Eooh sepaFalo propooal sholl eo aooo:;.~~~ \7 0 ;:::~
t~k, ~~ ~t~~~~poclfled acceptable collatoral, In the :lA:tount sp AO
i~rm, Such check, or coll3toral, sh311 be made payable to tho O'l/ner.
111-10
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a
sealed envelope plainly marked with the project number, location of airport, and name
and business address of the bidder on the outside. When sent by mail, preferably
registered, the sealed proposal, marked as indicated above, should be enclosed in an
additional envelope. No proposal will be considered unless received at the place
specified in the advertisement before the time specified for opening all bids. Proposals
received after the bid opening time shall be returned to the bidder unopened,
20-11 WITHDRAWAL OR REVISION OF PROPOSALS, A bidder may withdraw or
revise (by withdrawal of one proposal and submission of another) a proposal provided
that the bidder's request for withdrawal is received by the owner in writing or by
telegram before the time specified for opening bids. Revised proposals must be
received at the place specified in the advertisement before the time specified for
opening all bids,
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read,
publicly at the time and place specified in the advertisement. Bidders, their authorized
agents, and other interested persons are invited to attend. Proposals that have been
withdrawn (by written or telegraphic request) or received after the time specified for
opening bids shall be returned to the bidder unopened.
20-13 DISQUALIFICATION OF BIDDERS, A bidder shall be considered disqualified
for any of the following reasons:
A. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name,
B. Evidence of collusion among bidders. Bidders partiCipating in such
collusion shall be disqualified as bidders for any future work of the owner
until any such participating bidder has been reinstated by the owner as a
qualified bidder,
C. If the bidder is considered to be in "default" for any reason specified in the
subsection titled ISSUANCE OF PROPOSAL FORMS of this section.
END OF SECTION 20
111-11
SECTION 30
AWARD AND EXECUTION OF CONTRACT
30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened
and read, they will be compared on the basis of the summation of the products obtained
by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a
bidder's proposal contains a discrepancy between unit bid prices written in words and
unit bid prices written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the owner reserves the right to reject a bidder's
proposal for any of the following reasons:
A, If the proposal is irregular as specified in the subsection titled
IRREGULAR PROPOSALS of Section 20,
B. If the bidder is disqualified for any of the reasons specified in the
subsection titled DISQUALIFICATION OF BIDDERS of Section 20.
In addition, until the award of a contract is made, the owner reserves the right to reject
any or all proposals, waive technicalities, if such waiver is in the best interest of the
owner and is in conformance with applicable state and local laws or regulations
pertaining to the letting of construction contracts; advertise for new proposals; or
proceed with the work otherwise. All such actions shall promote the owner's best
interests.
30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall
be made within 90 calendar days of the date specified for publicly opening proposals,
unless otherwise specified herein,
Award of the contract shall be made by the owner to the lowest, qualified bidder whose
proposal conforms to the cited requirements of the owner.
30-03 CANCELLATION OF AWARD, The owner reserves the right to cancel the
award without liability to the bidder, exoept return of pr{)poGal guaFOnty, 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 guar{)nties, exoept thoGe
of the two lowest bidders, will be returned immediately after the ma:ner has mode 0
oomparison of bids as hereinbefore specified in the subsection titled CONSIDER:\TION
OF PROPOSALS of this sec-tion. Proposal guaranties of the two lowest bidders will be
retained by the owner until such time as an award is made, at whioh time, the
unsucoessful bidder's proposal guaranty will be returned. The sucoesGf.u1 bidder's
proposal guaranty will be returned as Goon as the owner reoeives the contrnc-ts bonds
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as specified in the subsection titled REQUIREMENTS OF CONTRJ\CT BONDS of this
section.
30 05 REQUIREMENTS OF CONTRACT BONDS, J\t the time of the execution of the
contr:.1ct, the successful bidder sh:.11l furnish the owner a surety bond or bonds which
h:.1'.'e been fully executed by the bidder :.1nd the surety gU:.1r:.1nteeing the perform:.1nce of
the work :.1nd the p:.1yment of :.111 leg:.11 debts th:.1t m:.1Y be incurred by reason of the
Contractor's performance of the work, The surety :.1nd the rorm of the bond or bonds
sh:.111 be :.1cceptable to the owner, Unless othel"\ivise specified in this subsection, the
surety bond or bonds shall be in a sum equ:.11 to the full :.1mount of the contr:.1ct.
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, olong with the fully executed surety bond or bonds specified in the
subsection titled REQUIREMENTS OF CONTRACT BONDS of this section within 15
calendar days from the date mailed or otherwise delivered to the successful bidder, If
the contract is mailed, special handling is recommended,
30-07 APPROVAL OF CONTRACT, Upon receipt of the contract and contract bond or
bonds that have been executed by the successful bidder, the owner shall complete the
execution of the contract in accordance with local laws or ordinances, and return the
fully executed contract to the Contractor. Delivery of the fully executed contract to the
Contractor shall-.constitute the owner's approval to be bound by the successful bidder's
proposal and the terms of the contract.
30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to
execute the contract and furnish :.1n acceptable surety bond or bonds within the 15
calendar day period, specified in the subsection titled REQUIREMENTS OF
CONTRJ\CT BONDS of this section shall be just cause for cancellation of the award,
and forfeiture of the proposal guar::mty, not os a penalty, but os 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 AL TERA liON 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.
1\11 supplement:lI agreements shall require oonsent of the ContF3ctor's surety 3nd
separate performanoe and payment bonds.
111-14
40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from
the work any contract item, except major contract items. Major contract items may be
omitted by a supplemental agreement. Such omission of contract items shall not
invalidate any other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be non performed , the
Contractor shall be paid for all work performed toward completion of such item prior to
the date of the order to omit such item. Payment for work performed shall be in
accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the contract require the
Contractor to perform an item of work for which no basis of payment has been provided
in the original contract or previously issued change orders or supplemental agreements,
the same shall be called Extra Work. Extra work that is within the general scope of the
contract shall be covered by written change order. Change orders for such extra work
shall contain agreed unit prices for performing the change order work in accordance
with the requirements specified in the order, and shall contain any adjustment to the
contract time that, in the Engineer's opinion, is necessary for completion of such extra
work.
When determined by the 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 PA YMENT"FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within
the general scope of the work covered by the original contract shall be covered by a
Supplemental Agreement as hereinbefore defined in the subsection titled
SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change
order or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the
safety of aircraft, as well as the Contractor's equipment and personnel, is the most
important consideration. It is understood and agreed that the Contractor shall provide
for the free and unobstructed movement of aircraft in the air operations areas of the
airport with respect to his/her own operations and the operations of all his/her
subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of
Section 80. It is further understood and agreed that the Contractor shall provide for the
uninterrupted operation of visual and electronic signals (including power supplies
thereto) used in the guidance of aircraft while operating to, from, and upon the airport as
specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY
SERVICE AND FACILITIES OF OTHERS in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors,
the Contractor shall provide marking, lighting, and other acceptable means of
111-15
identifying: personnel; equipment; vehicles; storage areas; and any work area or
condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or
maintenance vehicles at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road,
street, or highway during the Contractor's performance of work that is otherwise
provided for in the contract, plans, and specifications, the Contractor shall keep such
road, street, or highway open to all traffic and shall provide such maintenance as may
be required to accommodate traffic. The Contractor shall furnish erect, and maintain
barricades, warning signs, flagmen, and other traffic control devices in reasonable
conformity with the manual of Uniform Traffic Control Devices for Streets and Highways
(published by the United States Government Printing Office), unless otherwise specified
herein. The Contractor shall also construct and maintain in a safe condition any
temporary connections necessary for ingress to and egress from abutting property or
intersecting roads, streets or highways. Unless otherwise specified herein, the
Contractor will not be required to furnish snow removal for such existing road, street, or
highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as
specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall
not be measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered
within the established lines, grades, or grading sections shall be removed by the
Contractor, unless such existing structures are otherwise specified to be relocated,
adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in
place. The cost of removing such existing structures shall not be measured or paid for
directly, but shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the
work for which the disposition is not indicated on the plans, the Engineer shall be
notified prior to disturbing such structure. The disposition of existing structures so
encountered shall be immediately determined by the Engineer in accordance with the
provisions of the contract.
Except as provided in the sub~ection titled RIGHTS IN AND USE OF MATERIALS
FOUND IN THE WORK of this section, it is intended that all existing materials or
structures that may be encountered (within the lines, grades, or grading sections
established for completion of the work) shall be utilized in the work as otherwise
provided for in the contract and shall remain the property of the owner when so utilized
in the work.
111-16
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel,
slag, or concrete slabs within the established lines, grades, or grading sections, the use
of which is intended by the terms of the contract to be either embankment or waste, he
may at his/her option either:
A. Use such material in another contract item, providing such use is
approved by the Engineer and is in conformance with the contract
specifications applicable to such use; or,
B. Remove such material from the site, upon written approval of the
Engineer; or
C. Use such material for his/her own temporary construction on site; or,
D. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option A., B., or C., he shall request the
Engineer's approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option A., B., or C.,
the Contractor shall be paid for the excavation or removal of such material at the
applicable contract price. The Contractor shall replace, at his/her own expense, such
removed or excavated material with an agreed equal volume of material that is
acceptable for use in constructing embankment, backfills, or otherwise to the extent that
such replacement material is needed to complete the contract work. The Contractor
shall not be charged for his/her use of such material so used in the work or removed
from the site.
Should the Engineer approve the Contractor's exercise of option A., the Contractor shall
be paid, at the applicable contract price, for furnishing and installing such material in
accordance with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by
reason of his/her exercise of option A., B., or C.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure,
or part of a structure which is located outside the lines, grades, or grading sections
established for the work, except where such excavation or removal is provided for in the
contract, plans, or specifications.
40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance
and final payment will be made, the Contractor shall remove from the site all machinery,
equipment, surplus and discarded materials, rubbish, temporary structures, and stumps
or portions of trees. He shall cut all brush and woods within the limits indicated and
shall leave the site in a neat and presentable condition. Material cleared from the site
111-17
and deposited on adjacent property will not be considered as having been disposed of
satisfactorily, unless the Contractor has obtained the written permission of such
property owner.
END OF SECTION 40
111-18
SECTION 50
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all
questions which may arise as to the quality and acceptability of materials furnished,
work performed, and as to the manner of performance and rate of progress of the work.
He shall decide all questions which may arise as to the interpretation of the
specifications or plans relating to the work, the fulfillment of the contract on the part of
the Contractor, and the rights of different Contractors on the project. The Engineer shall
determine the amount and quality of the several kinds of work performed and materials
furnished which are to be paid for the under contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all
materials fumished shall be in reasonably close conformity with the lines, grades,
grading sections, cross sections, dimensions, material requirements, and testing
requirements that are specified (including specified tolerances) in the contract, plans or
specifications.
If the Engineer finds the materials furnished, work performed, or the finished product not
within reasonably close conformity with the plans and specifications but that the portion
of the work affected will, in his/her opinion, result in a finished product having a level of
safety, economy, durability, and workmanship acceptable to the owner, he will advise
the owner of his/her determination that the affected work be accepted and remain in
place. In this event, the Engineer will document his/her determination and recommend
to the owner a basis of acceptance which will provide for an adjustment in the contract
price for the affected portion of the work. The Engineer's determination and
recommended contract price adjustments will be based on good engineering judgment
and such tests or retests of the affected work as are, in his/her opinion, needed.
Changes in the contract price shall be covered by contract modifications (change order
or supplemental agreement) as applicable.
If the Engineer finds the materials furnished, work performed, or the finished product are
not in reasonably close conformity with the plans and specifications and have resulted
in an unacceptable finished product, the affected work or materials shall be removed
and replaced or otherwise corrected by and at the expense of the Contractor in
accordance with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance
with the contract, plans, and specifications. The term shall not be construed as waiving
the Engineer's right to insist on strict compliance with the requirements of the contract,
plans, and specifications during the Contractor's prosecution of the work, when, in the
Engineer's opinion, such compliance is essential to provide an acceptable finished
portion of the work.
111-19
For the purpose of this subsection, the term "reasonably close conformity" is also
intended to provide the Engineer with the authority to use good engineering judgment in
his/her determinations as to acceptance of work that is not in strict conformity but will
provide a finished product equal to or better than that intended by the requirements of
the contract, plans and specifications.
For AlP contracts, the Engineer should advise the Sponsor if he accepts work that is not
in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will
in turn advise the FAA. Change orders or supplemental agreements must bear the
written approval of the FAA.
50-03 COORDINATION OF CONTRACT. PLANS. AND SPECIFICATIONS. The
contract, plans, specifications, and all referenced standards cited are essential parts of
the contract requirements. A requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide
for a complete work. In case of discrepancy, calculated dimensions will govern over
scaled dimensions; contract technical specifications shall govern over contract general
provisions, plans, cited standards for materials or testing, and cited FAA advisory
circulars; contract general provisions shall govern over plans, cited standards for
materials or testing, and cited FAA advisory circulars; plans shall govern over cited
standards for materials or testing and cited FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or omission on the plans
or specifications. In the event the Contractor discovers any apparent error or
discrepancy, he shall immediately call upon the Engineer for his/her interpretation and
decision, and such decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two
copies each of the plans and specifications. He shall have available on the work at all
times one copy each of the plans and specifications. Additional copies of plans and
specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress
thereof, and he shall cooperate with the Engineer and his/her inspectors and with other
contractors in every way possible. The Engineer shall allocate he work and designate
the sequence of construction in case of controversy between contractors. The
Contractor shall have a competent superintendent on the work at all times who is fully
authorized as his/her agent on the work. The superintendent shall be capable of
reading and thoroughly understanding the plans and specifications and shall receive
and fulfill instructions from the Engineer or his/her authorized representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to
contract for and perform other or additional work on or near the work covered by this
contract.
111-20
When separate contracts are let within the limits of anyone project, each Contractor
shall conduct his/her work so as not to interfere with or hinder the progress of
completion of the work being performed by other Contractors. Contractors working on
the same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection
with his/her contract and shall protect and save harmless the owner from any and all
damages or claims that may arise because of inconvenience, delays, or loss
experienced by him because of the presence and operations of other Contractors
working within the limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the materials
being used so as not to interfere with the operations of the other Contractors within the
limits of the same project. He shall join his/her work with that of the others in an
acceptable manner and shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish
horizontal and vertical control only. The Contractor must establish all layout required for
the construction of the work. Such stakes and markings as the Engineer may set for
either his/her own or the Contractor's guidance shall be preserved by the Contractor. In
case of negligence on the part of the Contractor, or his/her employees, resulting in the
destruction of such stakes or markings, an amount equal to the cost of replacing the
same may be deducted from subsequent estimates due the Contractor at the discretion
of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing
plant equipment is required to be operated automatically under the contract and a
breakdown or malfunction of the automatic controls occurs, the equipment may be
operated manually or by other methods for a period 48 hours following the breakdown
or malfunction, provided this method of operations will product results which conform to
all other requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the
owner shall be authorized to inspect all work done and all material furnished. Such
inspection may extend to all or any part of the work and to the preparation, fabrication,
or manufacture of the materials to be used. Inspectors are not authorized to revoke,
alter, or waive any provision of the contract. Inspectors are not authorized to issue
instructions contrary to the plans and specifications or to act as foreman for the
Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of
the contract, plans, or specifications and to reject such nonconforming materials in
question until such issues can be referred to the Engineer for his/her decision.
111-21
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work
shall be subject to inspection by the Engineer. The Engineer shall be allowed access to
all parts of the work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed insp~ction.
If the Engineer requests it, the Contractor, at any time before acceptance of the work,
shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the work to the standard
required by the specifications. Should the work thus exposed or examined prove
acceptable, the uncovering, or removing, and the replacing of the covering or making
good of the parts removed will be paid for as extra work; but should the work so
exposed or examined prove unacceptable, the uncovering, or removing, and the
replacing of the covering or making good of the parts removed will be at the Contractor's
expense.
Any work done or materials used without supervision or inspection by an authorized
representative of the owner may be ordered removed and replaced at the Contractor's
expense unless the owner's representative failed to inspect after having been given
reasonable notice in writing that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to
existing facilities, not the property of the (contract) owner, authorized representatives of
the owners of such facilities shall have the right to inspect such work. Such inspection
shall in no sense make any facility owner a party to the contract, and shall in no way
interfere with the rights of the parties to this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work
which does not form to the requirements of the contract, plans, and specifications will be
considered unacceptable, unless otherwise determined acceptable by the Engineer as
provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS
of this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final
acceptance of the work, shall be removed immediately and replaced in an acceptable
manner in accordance with the provisions of the subsection titled CONTRACTOR'S
RESPONSIBILITY FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done beyond the lines
shown on the plans or as given, except as herein specified, or any extra work done
without authority, will be considered as unauthorized and will not be paid for under the
provisions of the contract. Work so done may be ordered removed or replaced at the
Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the
Engineer made under the provisions of this subsection, the Engineer will have authority
111-22
to cause unacceptable work to be remedied or removed and replaced and unauthorized
work to be removed and to deduct the costs (incurred by the owner) from any monies
due or to become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load
restrictions in the hauling of materials on public roads beyond the limits of the work. A
special permit will not relieve the Contractor of liability for damage which may result
from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or to any other type of construction will not be permitted. Hauling of materials
over the base course or surface course under construction shall be limited as directed.
No loads will be permitted on a concrete pavement, base, or structure before the
expiration of the curing period. The Contractor shall be responsible for all damage done
by his/her hauling equipment and shall correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the
work during construction and until the work is accepted. This maintenance shall
constitute continuous and effective work prosecuted day by day, with adequate
equipment and forces so that the work is maintained in satisfactory condition at all
times.
In the case of ua 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 giveR or the Engineer is not afforded proper opportunity by the
Contractor for keeping strict account of actual cost as required, then the Contractor
hereby agrees to waive any claim for such additional compensation. Such notice by the
Contractor and the fact that the Engineer has kept account of the cost of the work shall
not in any way be construed as proving or substantiating the validity of the claim. When
the work on which the claim for additional compensation is based has been completed,
the Contractor shall, within 10 calendar days, submit his/her written claim to the
Engineer who will present it to the owner for consideration in accordance with local laws
or ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor's right to
dispute final payment based on differences in measurements or computations.
50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all
materials furnished under this Contract shall be new unless specified and free of defects
and in conformance with Contract requirements. Any work not so conforming to these
standards may be considered defective.
If, within one year after the date of final acceptance of the work, or within such longer
period of time as may be prescribed by law or by the terms of any applicable special
guarantee required by the Contract, any of the work is found to be defective or not in
111-24
accordance with Contract requirements, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so.
The obligations of the Contractor in this paragraph titled WARRANTY AND
GUARANTEE shall be in addition to and not in limitation of any obligations imposed
upon him by special guarantees required by the Contract or otherwise prescribed by
law.
50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by
the Engineer, the following requirements must be satisfied by the Contractor before final
payment can be made:
1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished
by the Engineer a minimum of once a week for four consecutive weeks.
2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF
PAYMENT OF CLAIMS AND DEBTS on the form furnished by the Engineer.
3. The Contractor must have his Surety execute copies of CONSENT OF SURETY
TO FINAL PAYMENT on the form furnished by the Engineer.
4. The Contractor must furnish a letter on his letterhead acknowledging that
acceptance of final payment by the Contractor constitutes a waiver of all claims,
present or future, in connection with this project.
5. The Contractor must furnish a written guarantee on his letterhead covering all
defects in material and workmanship for a period of one year commencing on the
date of final acceptance.
6. If any purchase items have been incorporated in the work, the Contractor must
furnish a letter on his letterhead assigning those warranties to the OWNER.
Copies of said warranties shall be bound in one binder and submitted along with
the letter assignment.
7. In addition to the above, the Contractor shall provide all documents required in
Special Provision No.1, Section 25.
50-19 CONCEALED CONDITIONS. Should conditions be encountered below the
surface of the ground or should concealed or unknown conditions in an existing
structure vary to an unreasonable extent from the conditions indicated by the drawings
and Specifications, the Engineer shall be notified by the Contractor and instructions
shall be equitably adjusted upon claim of either party made within thirty (30) days after
the first observation of the conditions if shown on the drawings or attached to these
Specifications, are presented only as information that is available indicating certain
conditions found and limited to the exact locations and dates shown. Neither the Owner
nor the Engineer shall be responsible for making the determination of water table
111-25
variations prior to bidding and shall not assume that any water levels shown by the
aforesaid core boring data will necessarily be maintained at the level indicated.
50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep
a separate copy of all Specifications, drawings, addenda, modifications, and shop
drawings at the site in good order and annotated currently to show all changes made
during the construction process. These shall be available to the Engineer for review of
record information thereon each month prior to approval of monthly application for
payment, and shall be delivered to him for the Owner upon completion of the Project.
Record information shall include but not be limited to record dimensions, finished
pavement grades, finished elevation of structures, record inverts, etc.
The Contractor shall, without additional cost, furnish to the Owner three (3) complete
sets of all maintenance manuals, parts lists, and operating instructions covering
materials, equipment and installations having moving parts. It is mandatory that all of
the aforesaid be delivered at the same time and with the materials, equipment, and
installations, so that proper installation and operation can be promptly made.
50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be
considered complete when all work has been completed and has been accepted by the
Owner. The Contr3otor will then be released from further oblig3tion except 3S set forth
in his bond.
END OF SECTION 50
111-26
SECTION 60
CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used
on the work shall conform to the requirements of the contract, plans, and specifications.
Unless otherwise specified, such materials that are manufactured or processed shall be
new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish
complete statements to the Engineer as to the origin, composition, and manufacture of
all materials to be used in the work. Such statements shall be furnished promptly after
execution of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before
delivery is stated. If it is found after trial that sources of supply for previously approved
materials do not produce specified products, the Contractor shall furnish materials from
other sources.
The Contractor shall furnish airport lighting equipment that conforms to the
requirements of cited materials specifications. In addition, where an FAA specification
for airport' lighting equipment is cited in the plans or specifications, the Contractor shall
furnish such equipment that is:
A. Listed in .FAA Advisory Circular (AC) 150/5345-1, Approved Airport
Equipment, that is in effect on the date of advertisement; and,
B. Produced by the manufacturer qualified (by FAA) to produce such
specified and listed equipment.
The following airport lighting equipment is required for this contract and is to be
furnished by the Contractor in accordance with the requirements of this subsection:
EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR
EQUIPMENT AND MANUFACTURER
60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the
work shall be inspected, tested, and approved by the Engineer before incorporation in
the work. Any work in which untested materials are used without approval or written
permission of the Engineer shall be performed at the Contractor's risk. Materials found
to be unacceptable and unauthorized will not be paid for and, if directed by the
Engineer, shall be removed at the Contractor's expense. Unless otherwise designated,
tests in accordance with the cited standard methods of AASHTO or ASTM which are
current on the date of advertisement for bids will be made by and at the expense of the
111-27
owner. Samples will be taken by a qualified representative of the owner. All materials
being used are subject to inspection, test, or rejection at any time prior to or during
incorporation into the work. Copies of all tests will be furnished to the Contractor's
representative at his/her request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by
manufacturer's certificates of compliance stating that such materials or assemblies fully
comply with the requirements of the contract. The certificate shall be signed by the
manufacturer. Each lot of such materials or assemblies delivered to the work must be
accompanied by a certificate of compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled
and tested at any time and if found not to be in conformity with contract requirements
will be subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the
Engineer.
When a material or assembly is specified by "brand name or equal" and the Contractor
elects to furnish the specified "brand name," the Contractor shall be required to furnish
the manufacturer's certificate of compliance for each lot of such material or assembly
delivered to the work. Such certificate of compliance shall clearly identify each lot
delivered and shall certify as to:
A. Conformance to the specified performance, testing, quality or dimensional
requirements; and, .
B. Suitability of the material or assembly for the use intended in the contract
work.
Should the Contractor propose to furnish an "or equal" material or assembly, he shall
fumish the manufacturer's certificates of compliance as hereinbefore described for the
specified brand name material or assembly. However, the Engineer shall be the sole
judge as to whether the proposed "or equal" is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies
on the basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may
inspect, at its source, any specified material or assembly to be used in the work.
Manufacturing plants may be inspected from time to time for the purpose of determining
compliance with specified manufacturing methods or materials to be used in the work
and to obtain samples required for his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
111-28
A. The Engineer shall have the cooperation and assistance of the Contractor
and the producer with whom he has contracted for materials.
B. The Engineer shall have full entry at all reasonable times to such parts of
the plant that concern the manufacture or production of the materials
being furnished.
C. If required by the Engineer, the Contractor shall arrange for adequate
office or working space that may be reasonably needed for conducting
plant inspections. Office or working space should be conveniently located
with respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material
which has been tested and approved at the source of supply after it has been delivered
to the site. The Engineer shall have the right to reject only material which, when
retested, does not meet the requirements of the contract, plans, or specifications.
60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to
the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings,
which shall be deemed to include shop material lists and performance data, which may
be required by the Specifications, requested by the Engineer or otherwise necessary for
the proper execution of the work. At the time of each submission, the Contractor shall in
writing call the ~ngineer'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.
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
111-29
approved before storage, may again be inspected prior to their use in the work. Stored
materials shall be located so as to facilitate their prompt inspection. The Contractor
shall coordinate the storage of all materials with the Engineer. Materials to be stored on
airport property shall not create an obstruction to air navigation nor shall they interfere
with the free and unobstructed movement of aircraft. Unless otherwise shown on the
plans, the storage of materials and the location of the Contractor's plant and parked
equipment or vehicles shall be as directed by the Engineer. Private property shall not
be used for storage purposes without written permission of the owner or lessee of such
property. The Contractor shall make all arrangements and bear all expenses for the
storage of materials on private property. Upon request, the Contractor shall furnish the
Engineer a copy of the property owner's permission.
All storage sites on private or airport property shall be restored to their original condition
by the Contractor at his/her entire expense, except as otherwise agreed to (in writing)
by the owner or lessee of the property.
60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not
conform to the requirements of the contract, plans, or specifications shall be considered
unacceptable and shall be rejected. The Contractor shall remove any rejected material
or assembly from the site of the work, unless otherwise instructed by the Engineer.
Rejected material or assembly, the defects of which have been corrected by the
Contractor, shall not be retumed 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-fumished 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-fumished material has been delivered to the location specified, the
Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies
which may occur during the Contractor's handling, storage, or use of such owner-
furnished material. The owner will deduct from any monies due or to become due the
Contractor any cost incurred by the owner in making good such loss due to the
Contractor's handling, storage, or use of owner-furnished materials.
END OF SECTION 60
111-30
SECTION 70
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all
Federal and state laws, all local laws, ordinances, and regulations and all orders and
decrees of bodies or tribunals having any jurisdiction or authority, which in any manner
affect those engaged or employed on the work, or which in any way affect the conduct
of the work. He shall at all times observe and comply with all such laws, ordinances,
regulations, orders, and decrees; and shall protect and indemnify the owner and all
his/her officers, agents, or servants against any claim or liability arising from or based
on the violation of any such law, ordinance, regulation, order, or decree, whether by
himself or his/her employees.
70-02 PERMITS. LICENSES. AND TAXES. The Contractor shall procure all permits
and licenses, pay all charges, fees, and taxes, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS. AND PROCESSES. If the Contractor is
required or desires to use any design, device, material, or process covered by letters of
patent or copyright, he shall provide for such use by suitable legal agreement with the
patentee or owner. The Contractor and the surety shall indemnify and save harmless
the owner, any third party, or political subdivision from any and all claims for
infringement by reason of the use of any such patented design, device, material or
process, or any trademark or copyright, and shall indemnify the owner for any costs,
expenses, and damages which it may be obliged to pay by reason of an infringement, at
any time during the prosecution or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner
reserves the right to authorize the construction, reconstruction, or maintenance of any
public or private utility service, FAA or National Oceanic and Atmospheric
Administration (NOAA) facility, or a utility service of another govemment 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.
111-31
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility
service of another government agency be authorized to construct, reconstruct, or
maintain such utility service or facility during the progress of the work, the Contractor
shall cooperate with such owners by arranging and performing the work in this contract
so as to facilitate such construction, reconstruction or maintenance by others whether or
not such work by others is listed 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 urepresentatives of the Administrator, FAA, and is further subject to
those provisions of the rules and regulations that are cited in the contract, plans, or
specifications.
No requirement of the Act, the rules and regulations. implementing the Act, or this
contract shall be construed as making the Federal Government a party to the contract
nor will any such requirement interfere, in any way, with the rights of either party to the
contract.
70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall
provide and maintain in a neat, sanitary condition such accommodations for the use of
his/her employees as may be necessary to comply with the requirements of the state
and local Board of Health, or of other bodies or tribunals having jurisdiction.
Attention is directed to Federal, state, and local laws, rules and regulations concerning
construction safety and health standards. The Contractor shall not require any worker
to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to
his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her
operations and those of his/her subcontractors and all suppliers, to assure the least
inconvenience to the traveling public. Under all circumstances, safety shall be the most
important consideration.
111-32
The Contractor shall maintain the free and unobstructed movement of aircraft and
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, waming 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, waming signs, and markings for
hazards prior to commencing work which requires such erection and shall maintain the
barricades, warning signs, and markings for hazards until their dismantling is directed
by the Engineer.
Open-flame type lights shall not be permitted within the air operations areas of the
airport.
70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the
Contractor may require shall be constructed and maintained at the Contractor's
expense.
111-33
The Contractor shall not use runways, taxiways or other paved areas on the air
operations portions of the airport for access to and from the job site unless authorized
by the Owner. No equipment or vehicles will be allowed on the air operations portions of
the airport except as authorized by the Owner.
Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or
equipment shall be required by the Contractor at no cost to the Owner.
From time to time when required, the Contractor shall move Contractor's vehicles or
equipment and men from along the edge of the runway/taxiway/apron to allow aircraft
operations on the pavement.
70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall exercise the utmost care not to endanger
life or property, including new work. The Contractor shall be responsible for all damage
resulting from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws and
ordinances, and all such storage places shall be clearly marked. Where no local laws
or ordinances apply, storage shall be provided satisfactory to the Engineer and, in
general, not closer than 1,000 feet (300 m) from the work or from any building, road, or
other place of human occupancy.
The Contractor shall notify each property owner and public utility company having
structures or facilities in proximity to the site of the work of his/her intention to use
explosives. Such notice shall be given sufficiently in advance to enable them to take
such steps as they may deem necessary to protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m)
of the airport property.
70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private property,
and shall protect carefully from disturbance or damage all land monuments and property
markers until the Engineer has witnessed or otherwise referenced their location and
shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any
character, during the prosecution of the work, resulting from any act, omission, neglect,
or misconduct in his/her manner or method of executing the work, or at any time due to
defective work or materials, and said responsibility will not be released until the project
shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private
property by or on account of any act, omission, neglect, or misconduct in the execution
of the work, or in consequence of the nonexecution thereof by the Contractor, he shall
111-34
restore, at his/her own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, or otherwise restoring as
may be directed, or he shall make good such damage or injury in an acceptable
manner.
70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify
and save harmless the Engineer and the owner and their officers, and employees from
all suits actions, or claims of any character brought because of any injuries or damage
received or sustained by any person, persons, or property on account of the operations
of the Contractor; or on account of or in consequence of any neglect in safeguarding the
work; or through use of unacceptable materials in constructing the work; or because of
any act or omission, neglect, or misconduct of said Contractor; or because of any claims
or amounts recovered from any infringements of patent, trademark, or copyright; or from
any claims or amounts arising or recovered under the "Workmen's Compensation Act,"
or any other law, ordinance, order, or decree. Money due the Contractor under and by
virtue of his/her contract as may be considered necessary by the owner for such
purpose may be retained for the use of the owner or, in case no money is due, his/her
surety may be held until such suit or suits, action or actions, claim or claims for injuries
or damages as aforesaid shall have been settled and suitable evidence to that effect
furnished to the owner, except that money due the Contractor will not be withheld when
the Contractor produces satisfactory evidence that he is adequately protected by public
liability and property damage insurance.
70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the
parties executing the contract that it is not intended by any of the provisions of any part
of the contract to create the public or any member thereof a third party beneficiary or to
authorize anyone not a party to the contract to maintain a suit for personal injuries or
property damage pursuant to the terms or provisions of the contract.
70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary
for the Contractor to complete portions of the contract work for the beneficial occupancy
of the owner prior to completion of the entire contract, such "phasing" of the work shall
be specified herein and indicated on the plans. When so specified, the Contractor shall
complete such portions of the work on or before the date specified or as otherwise
specified. The Contractor shall
make his/her own estimate of the difficulties involved in arranging his/her work to permit
such beneficial occupancy by the owner as described below:
Phase or Description
Required Date or Sequence of Owner's Beneficial Occupancy
Work Shown on Plan Sheet
Upon completion of any portion of the work listed above, such portion shall be accepted
by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50.
111-35
No portion of the work may be opened by the Contractor for public use until ordered by
the Engineer in writing. Should it become necessary to open a portion of the work to
public traffic on a temporary or intermittent basis, such openings shall be made when, in
the opinion of the Engineer, such portion of the work is in an acceptable condition to
support the intended traffic. Temporary or intermittent openings are considered to be
inherent in the work and shall not constitute either acceptance of the portion of the work
so opened or a waiver of any provision of the contract. Any damage to the portion of
the work so opened that is not attributable to traffic which is permitted by the owner
shall be repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in
completing the work under the conditions herein described and shall not claim any
added compensation by reason of delay or increased cost due to opening a portion of
the contract work.
70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final
written acceptance of the entire completed work, excepting only those portions of the
work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50, the Contractor shall have the charge and care thereof and shall take every
precaution against injury or damage to any part due to the action of the elements or
from any other cause, whether arising from the execution or from the nonexecution of
the work. The Contractor shall rebuild, repair, restore, and make good all injuries or
damages to any.portion of the work occasioned by any of the above causes before final
acceptance and shall bear the expense thereof except damage to the work due to
unforeseeable causes beyond the control of and without the fault or negligence of the
Contractor, including but not restricted to acts of God such as earthquake, tidal wave,
tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public
enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for
the work and shall take such precautions necessary to prevent damage to the work.
The Contractor shall provide for normal drainage and shall erect necessary temporary
structures, signs, or other facilities at his/her expense. During such period of
suspension of work, the Contractor shall properly and continuously maintain in an
acceptable growing condition all living material in newly established planting, seedings,
and soddings furnished under his/her contract, and shall take adequate precautions to
protect new tree growth and other important vegetative growth against injury.
70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND
FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF
SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate
with the owner of any public or private utility service, FAA or NOAA, or a utility service of
another government agency that may be authorized by the owner to construct,
reconstruct or maintain such utility services or facilities during the progress of the work.
In addition, the Contractor shall control his/her operations to prevent the unscheduled
interruption of such utility services and facilities.
111-36
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the
contract work, the approximate locations have been indicated on the plans and the
owners are indicated as follows:
Utility Service or Facility
Person to Contact (Name, Title, Address, & Phone)
Owner's Emergency Contact (Phone)
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
structures that may be shown on the plans or encountered in the work. Any inaccuracy
or omission in such information shall not relieve the Contractor of his/her responsibility
to protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the
contract, notify the owners of all utility services or other facilities of his/her plan of
operations. Such notification shall be in writing addressed to THE PERSON TO
CONTACT as provided hereinbefore in this subsection and the subsection titled
RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of
each notification shall be given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the
responsibility of -the Contractor to keep such individual owners advised of changes in
his/her plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or
facility, the Contractor shall again notify each such owner of his/her plan of operation.
If, in the Contractor's opinion, the owner's assistance is needed to locate the utility
service or facility or the presence of a representative of the owner is desirable to
observe the work, such advice should be included in the notification. Such notification
shall be given by the most expeditious means to reach the utility owner's PERSON TO
CONTACT no later than two normal business days prior to the Contractor's
commencement of operations in such general vicinity. The Contractor shall furnish a
written summary of the notification to the Engineer.
The Contractor's failure to give the two day's notice hereinabove provided shall be
cause for the Engineer to suspend the Contractor's operations in the general vicinity of
a utility service or facility.
Where the outside limits of an underground utility service have been located and staked
on the ground, the Contractor shall be required to use excavation methods acceptable
to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be
required to ensure protection from damage due to the Contractor's operations.
111-37
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer
and shall take all reasonable measures to prevent further damage or interruption of
service. The Contractor, in such events, shall cooperate with the utility service or facility
owner and the Engineer continuously until such damage has been repaired and service
restored to the satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility
service or facility due to his/her operations whether or not due to negligence or accident.
The contract owner reserves the right to deduct such costs from any monies due or
which may become due the Contractor, or his/her surety.
70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing
all rights-of-way upon which the work is to be constructed in advance of the Contractor's
operations.
70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
contract proviSions or in exercising any power or authority granted to him by this
contract, there shall be no liability upon the Engineer, his/her authorized
representatives, or any officials of the owner either personally or as an official of the
owner. It is understood that in such matters they act solely as agents and
representatives of the owner.
70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will
expeditiously make final inspection and notify the Contractor of final acceptance. Such
final acceptance, however, shall not preclude or estop the owner from correcting any
measurement, estimate, or certificate made before or after completion of the work, nor
shall the owner be precluded or estopped from recovering from the Contractor or his/her
surety, or both, such overpayment as may be sustained, or by failure on the part of the
Contractor to fulfill his/her obligations under the contract. A waiver on the part of the
owner of any breach of any part of the contract shall not be held to be a waiver of any
other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the
owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as
regards the owner's rights under any warranty or guaranty.
70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all
Federal, state, and local laws and regulations controlling pollution of the environment.
He shall take necessary precautions to prevent pOllution of streams, lakes, ponds, and
reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to
prevent pollution of the atmosphere from particulate and gaseous matter.
In the event of conflict between Federal, State or local laws, codes, ordinances, rules
and regulations concerning pollution control, the most restrictive applicable ones shall
apply. The Contractor shall pay special attention to the pollution control requirements of
111-38
the several specifications. Work items which may cause excessive pollution and shall
be closely controlled by the Contractor are:
(a) Clearing, grubbing, burning or other disposal.
(b) Stripping, excavation, and embankment.
(c) Drainage and ditching.
(d) Aggregate production, handling and placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous materials handling, production, and paving.
(g) Seeding, fertilizing, mulching and use of herbicides or insecticides.
(h) Contractor's own housekeeping items; haul roads; sanitary facilities; water
supply; equipment fueling, servicing an cleaning; job clean up and disposal.
When the Contractor submits his tentative progress schedule in accordance with
PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of
the Engineer, his schedules for accomplishment of temporary and permanent erosion
control work, as are applicable for clearing, grading, structures at watercourses,
construction, and paving, and his proposed method of erosion control schedules and
methods of operations have been accepted by the Engineer.
All bituminous and Portland cement concrete proportioning plants shall meet state
requirements.
The following listed stipulations shall apply to this Contract unless more restrictive ones
are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of
pollution control shall be incidental to the appropriate work items unless otherwise
specified.
(1) Control of Water Pollution and Siltation.
a. All work of water pollution and siltation control is subject to inspection by
the local and/or state govemment 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
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area of erodible land exposed to the elements.
d. Materials used for permanent erosion control measures shall meet the
requirements of the applicable Specifications. Gravel or stone, consisting
of durable particles of rock and containing only negligible quantities of
fines, shall be used for construction pads, haul roads and temporary roads
in or across streams.
e. Where called for on the Plans, a stilling basin shall be constructed to
prevent siltation in the steam from construction operations.
f. The disturbance of lands and waters that are outside the limits of
construction as staked is prohibited, except as found necessary and
approved by the Engineer.
g. The Contractor shall conduct his work in such manner as to prevent the
entry of fuels, oils, bituminous materials, chemicals, sewage or other
harmful materials into streams, rivers, lakes or reservoirs.
h. Water from aggregate washing or other operations containing sediment
shall be treated by filtration, by use of a settling basin or other means to
reduce the sediment content to a level acceptable to the local and/or state
governmental enforcing agent.
i. All waterways shall be cleared as soon as practicable of falsework, piling,
debris or other obstructions placed during construction operations and not
a part of the finished work. Care shall be taken during construction and
removal of such barriers to minimize the muddying of a stream.
j. The Contractor shall care for the temporary erosion and siltation control
measures during the period that the temporary measures are required and
for the permanent erosion control measures until the Contract has been
completed and accepted. Such care shall consist of the repair of areas
damaged by erosion, wind, fire or other causes.
k. Permanent and temporary erosion control work that is damaged due to the
Contractor's operations or where the work required is attributed to the
Contractor's negligence, carelessness or failure to install permanent
controls at the proper time, shall be repaired at the Contractor's expense.
(2) Open Burning of Combustible Wastes.
a. The Contractor shall obtain a burning permit from local authorities, where
applicable, prior to any burning.
b. All burning shall conform to the conditions of the permit, except that the
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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.
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g. Drilling, grinding and sand blasting apparatus shall be equipped with
water, chemical, or vacuum dust controlling systems.
h. Applications of chemicals and bitumens shall be held to recommended
rates.
I. Bituminous mixing plants shall be equipped with dust collectors as noted
in the Specifications.
j. Quarrying, batching, and mixing operations and the transfer of material
between trucks, bins, or stockpiles shall be properly controlled to minimize
dust diffusion.
k. When necessary, certain operations shall be delayed until proper wind or
climatic conditions exist to dissipate or inhibit potential pollutants to the
satisfaction of the Engineer.
70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise
specified in this subsection, the Contractor is advised that the site of the work is not
within any property, district, or site, and does not contain any building, structure, or
object listed in the current National Register of Historic Places published by the United
States Department of Interior.
Should the Contractor encounter, during his/her operations, any building, part of a
building, structure, or object which is incongruous with its surroundings, he shall
immediately cease operations in that location and notify the Engineer. The Engineer
will immediately investigate the Contractor's finding and will direct the Contractor to
either resume his/her operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect
an archaeological or historical finding, or order the Contractor 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
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modification or change in insurance coverage and provisions shall be made without
thirty (30) days written advance notice to the Owner.
The Contractor shall furnish certificates of insurance to the Owner prior to commencing
any operations under this Contract, which certificates shall clearly indicate that the
Contractor has obtained insurance, in this type, amount and classification, in strict
compliance with this subsection.
70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this
Contract and shall be made a condition of all Sub-contractors entered into pursuant to
this Contract, that the Contractor and any Sub-Contractor will submit to the Owner
weekly, one copy of the Summary of Wage Rates.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor
on the work. The Contractor shall at all times when work is in progress be represented
either in person, by a qualified superintendent, or by other designated, qualified
representative who is duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be
concurred in by the surety, shall be presented for the consideration and approval of the
owner, and shall be consummated only on the written approval of the owner. In case of
approval, the Contractor shall file copies of all subcontracts with the Engineer.
80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and
prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the
"Notice to Proceed" date, to establish procedures for handling shop drawings and other
submissions and for processing applications for payment, and to establish a working
understanding between the parties as to the project.
80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is
expected the Contractor will begin the construction and from which date contract time
will be charged. The Contractor shall begin the work to be performed under the contract
within 10 days of the date set by the Engineer in the written notice to proceed, but in
any event, the Contractor shall notify the Engineer at least 24 hours in advance of the
time actual construction operations will begin.
80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor
shall submit his/her progress schedule for the Engineer's approval within 10 days after
the effective date of the notice to proceed. The Contractor's progress schedule, when
approved by the Engineer, may be used to establish major construction operations and
to check on the progress of the work. The Contractor shall provide sufficient materials,
equipment, and labor to guarantee the completion of the project in accordance with the
plans and specifications within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall,
upon the Engineer's request, submit a revised schedule for completion of the work
within the contract time and modify his/her operations to provide such additional
materials, equipment, and labor necessary to meet the revised schedule. Should the
prosecution of the work be discontinued for any reason, the Contractor shall notify the
Engineer at least 24 hours in advance of resuming operations.
For AlP contracts, the Contractor shall not commence any actual construction prior to
the date on which the notice to proceed is issued by the owner.
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80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations
and the operations of his/her subcontractors and all suppliers so as to provide for the
free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the
airport.
When the work requires the Contractor to conduct his/her operations within an AIR
OPERATIONS AREA of the airport, the work shall be coordinated with airport
management (through the Engineer) at least 48 hours prior to commencement of such
work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized
by the Engineer and until the necessary temporary marking and associated lighting is in
place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND
HAZARD MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS
AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR
OPERATIONS AREA), the Contractor shall maintain constant communications as
hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS
AREA; immediately obey all instructions to resume work in such AIR OPERATIONS
AREA. Failure to maintain the specified communications or to obey instructions shall be
cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA
until the satisfactory conditions are provided. The following AIR OPERATIONS AREA
(AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a
continuous basis and will therefore be closed to aircraft operations intermittently as
follows:
AOA
TIME PERIODS AOA CAN BE CLOSED
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA
CONTROL AUTHORITY
80-06 CHARACTER OF WORKERS. METHODS. AND EQUIPMENT. The Contractor
shall, at all times, employ sufficient labor and equipment for prosecuting the work to full
completion in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient
experience in such work and in the operation of the equipment required to perform the
work satisfactorily.
All equipment which is proposed to be used on the work shall be of sufficient size and in
such mechanical condition as to met requirements of the work and to produce a
satisfactory quality of work. Equipment used on any portion of the work shall be such
that no injury to previously completed work, adjacent property, or existing airport
facilities will result from its use.
111-45
When the methods and equipment to be used by the Contractor in accomplishing the
work are not prescribed in the contract, the Contractor is free to use any methods or
equipment that will accomplish the work in conformity with the requirements of the
contract, plans, and specifications.
When the contract specifies the use of certain methods and equipment, such methods
and equipment shall be used unless others are authorized by the Engineer. If the
Contractor desires to use a method or type of equipment other than specified in the
contract, he may request authority from the Engineer to do so. The request shall be in
writing and shall include a full description of the methods and equipment proposed and
of the reasons for desiring to make the change. If approval is given, it will be on the
condition that the Contractor will be fully responsible for producing work in conformity
with contract requirements. If, after trial use of the substituted methods or equipment,
the Engineer determines that the work produced does not meet contract requirements,
the Contractor shall discontinue the use of the substitute method or equipment and shall
complete the remaining work with the specified methods and equipment. The
Contractor shall remove any deficient work and replace it with work of specified quality,
or take such other corrective action as the Engineer may direct. No change will be
made in basis of payment for the contract items involved nor in contract time as a result
of authorizing a change in methods or equipment under this subsection.
80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the
authority to suspend the work wholly, or in part, for such period or periods as he may
deem necessary, due to unsuitable weather, or such other conditions as are considered
unfavorable for the prosecution of the work, or for such time as is necessary due to the
failure on the part of the Contractor to carry out orders given or perform any or all
provisions of the contract. .
In the event that the Contractor is ordered by the Engineer, in writing, to suspend work
for some unforeseen cause not otherwise provided for in the contract and over which
the Contractor has no control, the Contractor may be reimbursed for actual money
expended on the work during the period of shutdown. No allowance will be made for
anticipated profits. The period of shutdown shall be computed from the effective date of
the Engineer's order to suspend work to the effective date of the Engineer's order to
resume the work. Claims for such compensation shall be filed with the Engineer within
the time period stated in the Engineer's order to resume work. The Contractor shall
submit with his/her claim information substantiating the amount shown on the claim.
The Engineer will forward the Contractor's claim to the owner for consideration in
accordance with local laws or ordinances. No provision of this article shall be construed
as entitling the Contractor to compensation for delays due to inclement weather, for
suspensions made at the request of the Contractor, or for any other delay provided for
in the contract, plans, or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor
shall store all materials in such manner that they will not become an obstruction nor
become damaged in any way. He shall take every precaution to prevent damage or
111-46
deterioration of the work performed and provide for normal drainage of the work. The
Contractor shall erect temporary structures where necessary to provide for traffic on, to,
or from the airport.
80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of
calendar or working days allowed for completion of the work shall be stated in the
proposal and contract and shall be known as the CONTRACT TIME.
Should the contract time require extension for reasons beyond the Contractor's control,
it shall be adjusted as follows:
A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the
Engineer. The Engineer will furnish the Contractor a copy of his/her weekly
statement of the number of working days charged against the contract time
during the week and the number of working days currently specified for
completion of the contract (the original contract time plus the number of working
days, if any, that have been included in approved CHANGE ORDERS or
SUPPLEMENTAL AGREEMENTS covering EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time charged on
the following considerations:
1 ) n No time shall be charged for days on which the Contractor is
unable to proceed with the principal item of work under construction
at the time for at least 6 hours with the normal work force employed
on such principal item. Should the normal work force be on a
double-shift, 12 hours shall be used. Should the normal work force
be on a triple-shift, 18 hours shall apply. Conditions beyond the
Contractor's control such as strikes, lockouts, unusual delays in
transportation, temporary suspension of the principal item of work
under construction or temporary suspension of the entire work
which have been ordered by the Engineer for reasons not the fault
of the Contractor, shall not be charged against the contract time.
2) The Engineer will not make charges against the contract time prior
to the effective date of the notice to proceed.
3) The Engineer will begin charges against the contract time on the
first working day after the effective date of the notice to proceed.
4) The Engineer will not make charges against the contract time after
the date of final acceptance as defined in the subsection titled
FINAL ACCEPTANCE of Section 50.
5) The Contractor will be allowed 1 week in which to file a written
protest setting forth his/her objections to the Engineer's weekly
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statement. If no objection is filed within such specified time, the
weekly statement shall be considered as acceptable to the
Contractor.
The contract time (stated in the proposal) is based on the originally estimated
quantities as described in the subsection titled INTERPRETATION OF
ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory
completion of the contract require performance of work in greater quantities than
those estimated in the proposal, the contract time shall be increased in the same
proportion as the cost of the actually completed quantities bears to the cost of the
originally estimated quantities in the proposal. Such increase in contract time
shall not consider either the cost of work or the extension of contract time that
has been covered by change order or supplemental agreement and shall be
made at the time of final payment.
B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of
calendar days stated in the contract counting from the effective date of the notice
to proceed and including all Saturdays, Sundays, holidays, and nonwork days.
All calendar days elapsing between the effective dates of the Engineer's orders
to suspend and resume all work, due to causes not the fault of the Contractor,
shall be excluded.
At the time of final payment, the contract time shall be increased in the same
proportion as the cost of the actually completed quantities bears to the cost of the
originally estimated quantities in the proposal. Such increase in the contract time
shall not consider either cost of work or the extension of contract time that has
been covered by a change order or supplemental agreement. Charges against
the contract time will cease as of the date of final acceptance.
C. When the contract time is a specified completion date, it shall be the date on
which all contract work shall be substantially completed.
If the Contractor finds it impossible for reasons beyond his/her control to
complete the work within the contract time as specified, or as extended in
accordance with the provisions of this subsection, he may, at any time prior to
the expiration of the contract time as extended, make a written request to the
Engineer for an extension of time setting forth the reasons which he believes will
justify the granting of his/her request. The Contractor's plea that insufficient time
was specified is not a valid reason for extension of time. If the Engineer finds
that the work was delayed because of conditions beyond the control and without
the fault of the Contractor, he may extend the time for completion in such amount
as the conditions justify. The extended time for completion shall then be in full
force and effect, the same as though it were the original time for completion.
80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as
specified in the contract, that any work remains uncompleted after the contract time
111-48
(including all extensions and adjustments as provided in the subsection titled
DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum
specified in the contract and proposal as liquidated damages will be deducted from any
money due or to become due the Contractor or his/her surety. Such deducted sums
shall not be deducted as a penalty but shall be considered as liquidation of a
reasonable portion of damages that will be incurred by the owner should the Contractor
fail to complete the work in the time provided in his/her contract.
Permitting the Contractor to continue and finish the work or any part of it after the time
fixed for its completion, or after the date to which the time for completion may have
been extended, will in no way operate as a wavier on the part of the owner of any of its
rights under the contract.
80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be
considered in default of his/her contract and such default will be considered as cause
for the owner to terminate the contract for any of the following reasons if the Contractor:
A. Fails to begin the work under the contract within the time specified in the
"Notice to Proceed," or
B. Fails to perform the work or fails to provide sufficient workers, equipment
or materials to assure completion of work in accordance with the terms of
the contract, or
C. Performs the work unsuitably or neglects or refuses to remove materials
or to perform anew such work as may be rejected as unacceptable and
unsuitable, or
D. Discontinues the prosecution of the work, or
E. Fails to resume work which has been discontinued within a reasonable
time after notice to do so, or
F. Becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy or insolvency, or
G. Allows any final judgment to stand against him unsatisfied for a period of
10 days, or
H. Makes an assignment for the benefit of creditors, or
I. For any other cause whatsoever, fails to carry on the work in an
acceptable manner.
Should the Engineer consider the Contractor in default of the contract for any reason
hereinbefore, he shall immediately give written notice to the Contractor 3nd the
111-49
Contr3ctor's suroty as to the reasons for considering the Contractor in default and the
owner's intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not
proceed in accordance therewith, then the owner will, upon written notification from the
Engineer of the facts of such delay, neglect, or default and the Contractor's failure to
comply with such notice, have full power and authority without violating the contract, to
take the prosecution of the work out of the hands of the Contractor. The owner may
appropriate or use any or all materials and equipment that have been mobilized for use
in the work and are acceptable and may enter into an agreement for the completion of
said contract according to the terms and provisions thereof, or use such other methods
as in the opinion of the Engineer will be required for the completion of said contract in
an acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the
work under contract, will be deducted from any monies due or which may become due
the Contractor. If such expense exceeds the sum which would have been payable
under the contract, then the Contractor 3nd the suroty shall be liable and shall pay to
the owner the amount of such excess.
80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate
the contract or portion thereof by written notice when the Contractor is prevented from
proceeding with -the construction contract as a direct result of an Executive Order of the
President with respect to the prosecution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of
work in the contract, payment will be made for the actual number of units or items of
work completed at the contract price or as mutually agreed for items of work partially
completed or not started. No claims or loss of anticipated profits shall be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not
otherwise included in the contract) and moving equipment and materials to and from the
job will be considered, the intent being that an equitable settlement will be made with
the Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are
not incorporated in the work shall, at the option of the Contractor, be purchased from
the Contractor at actual cost as shown by receipted bills and actual cost records at such
points of delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall not relieve the Contractor of his/her
responsibilities for the completed work nor sh311 it relie'.'e his/her surety of its oblig3tion
f9f and concerning any just claim arising out of the work performed.
END OF SECTION 80
III-50
SECTION 90
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will
be measured by the Engineer, or his/her authorized representatives, using United
States Customary Units of Measurement or the International System of Units.
The method of measurement and computations to be used in determination of
quantities of material furnished and of work performed under the contract will be those
methods generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be
made horizontally, and no deductions will be made for individual fixtures (or leave-outs)
having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified,
transverse measurements for area computations will be the neat dimensions shown on
the plans or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to
fit field conditions.
Unless otherwise specified, all contract items which are measured by the linear foot
such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be
measured parallel to the base or foundation upon which such items are placed.
In computing volumes of excavation the average end area method or other acceptable
methods will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated
metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified
and measured in decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms)
avoirdupois. All materials which are measured or proportioned by weights shall be
weighed on accurate, approved scales by competent, qualified personnel at locations
designed by the Engineer. If material is shipped by rail, the car weight may be accepted
provided that only the actual weight of material be paid for. However, car weights will
not be acceptable for material to be passed through mixing plants. Trucks used to haul
material being paid for by weight shall be weighed empty daily at such times as the
Engineer directs, and each truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved
vehicles and measured therein at the point of delivery. Vehicles for this purpose may
be of any size or type acceptable to the Engineer, provided that the body is of such
shape that the actual contents may be readily and accurately determined. All vehicles
III-51
shall be loaded to at least their water level capacity, and all loads shall be leveled when
the vehicles arrive at the point of delivery.
When requested by the Contractor and approved by the Engineer in writing, material
specified to be measured by the cubic yard (cubic meter) may be weighed, and such
weights will be converted to cubic yards (cubic meters) for payment purposes. Factors
for conversion from weight measurement to volume measurement will be determined by
the Engineer and shall be agreed to by the Contractor before such method of
measurement of pay quantities is used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When
measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected
to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail
shipments will be used as a basis of measurement, subject to correction when
bituminous material has been lost from the car or the distributor, wasted, or otherwise
not incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by
volume, subject to correction for loss or foaming, may be used for computing quantities.
Cement will be measured by the ton (kilogram) or hundredweight (kilogram).
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually
incorporated in the structure. Measurement will be based on nominal widths and
thicknesses and the extreme length of each piece.
The term "lump sum" when used as an item of payment will mean complete payment
for the work described in the contract.
When a complete structure or structural unit (in effect, "lump sum" work) is specified as
the unit of measurement, the unit will be construed to include all necessary fittings and
accessories.
Rental of equipment will be measured by time in hours of actual working time and
necessary traveling time of the equipment within the limits of the work. Special
equipment ordered by the Engineer in connection with force account work will be
measured as agreed in the change order or supplemental agreement authorizing such
force account work as provided in the subsection titled PAYMENT FOR EXTRA AND
FORCE ACCOUNT WORK of this section.
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
III-52
manufacturing tolerances established by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and
paid for by weight shall be furnished, erected, and maintained by the Contractor, or be
certified permanently installed commercial scales.
Scales shall be accurate within one-half percent of the correct weight throughout the
range of use. The Contractor shall have the scales checked under the observation of
the inspector before beginning work and at such other times as requested. The
intervals shall be uniform in spacing throughout the graduated or marked length of the
beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity
of the scale, but not less than 1 pound (454 grams). The use of spring balances will not
be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the
operator and the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for
testing the weighing equipment or suitable weights and devices for other approved
equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform
scales shall be installed and maintained with the platform level and rigid bulkheads at
each end.
Scales "overweighing". (indicating more than correct weight) will not be permitted to
operate, and all materials received subsequent to the last previous correct weighting-
accuracy test will be reduced by the percentage of error in excess of one-half of 1
percent.
In the event inspection reveals the scales have been "underweighing" (indicating less
than correct weight), they shall be adjusted, and no additional payment to the
Contractor will be allowed for materials previously weighed and recorded.
All costs in connection with fumishing, 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 expens'3 of whatever character arising out of the nature of the work or the
prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF
LEGAL RIGHTS of Section 70.
When the "basis of payment" subsection of a technical specification requires that the
contract price (price bid) include compensation for certain work or material essential to
the item, this same work or material will not also be measured for payment under any
other contract item which may appear elsewhere in the contract, plans, or
specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted
quantities of work vary from the quantities in the proposal, the Contractor shall accept
as payment in full, so far as contract items are concerned, payment at the original
contract price for the accepted quantities of work actually completed and accepted. No
allowance, except as provided for in the subsection titled ALTERATION OF WORK
AND QUANTITIES of Section 40 will be made for any increased expense, loss of
expected reimbursement, or loss of anticipated profits suffered or claimed by the
Contractor which results directly from such alterations or indirectly from his/her
unbalanced allocation of overhead and profit among the contract items, or from any
other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled
OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work
(order nonperformance) any contract item, except major contract items, in the best
interest of the owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such
item from the work, the Contractor shall accept payment in full at the contract prices for
any work actually completed and acceptable prior to the Engineer's order to omit or
nonperform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the
date of the Engineer's order will be paid for at the actual cost to the Contractor and shall
thereupon become the property of the owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be
reimbursed for all actual costs incurred for the purpose of performing the omitted
contract item prior to the date of the Engineer's order. Such additional costs incurred by
the Contractor must be directly related to the deleted contract item and shall be
supported by certified statements by the Contractor as to the nature the amount of such
costs.
III-54
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work,
performed in accordance with the subsection titled EXTRA WORK of Section 40, will be
paid for at the contract prices or agreed prices specified in the change order or
supplemental agreement authorizing the extra work. When the change order or
supplemental agreement authorizing the extra work requires that it be done by force
account, such force account shall be measured and paid for based on expended labor,
equipment, and materials plus a negotiated 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 r~tained an amount not less than twice the contract value or estimated cost,
whichever is greater, of the work remaining to be done. The remainder, less all
previous payments and deductions, will then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or
receive partial payment based on quantities of work in excess of those provided in the
proposal or covered by approved change orders or supplemental agreements, except
when such excess quantities have been determined by the Engineer to be a part of the
final quantity for the item of work in question.
No partial payment shall bind the owner to the acceptance of any materials or work in
place as to quality or quantity. All partial payments are subject to correction at the time
of final payment as provided in the subsection titled ACCEPTANCE AND FINAL
PAYMENT of this section.
90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the
extent of the delivered cost of materials to be incorporated in the work, provided that
such materials meet the requirements of the contract, plans, and specifications and are
delivered to acceptable sites on the airport property or at other sites in the vicinity that
are acceptable to the owner. Such delivered costs of stored or stockpiled materials may
be included in the next partial payment after the following conditions are met:
A. The material has been stored or stockpiled in a manner acceptable to the
Engineer at or on an approved site.
III-56
B. The Contractor has furnished the Engineer with acceptable evidence of
the quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that
the material and transportation costs have been paid.
D. The Contractor has furnished the owner legal title (free of liens or
encumbrances of any kind) to the material so stored or stockpiled.
E. The Contractor has furnished the owner evidence that the material so
stored or stockpiled is insured against loss by damage to or
disappearance of such materials at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the owner's payment for such
stored or stockpiled materials shall in no way relieve the Contractor of his/her
responsibility for furnishing and placing such materials in accordance with the
requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract
price for such materials or the contract price for the contract item in which the material is
intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant
materials.
The Contractor shall bear all costs associated with the partial payment of stored or
stockpiled materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may
request that the owner accept (in lieu of the 10 percent retainage on partial payments
described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's
deposits in escrow under the following conditions.
A. The Contractor shall bear all expenses of establishing and maintaining an
escrow account and escrow agreement acceptable to the owner.
B. The Contractor shall deposit to and maintain in such escrow only those
securities or bank certificates of deposit as are acceptable to the owner
and having a value not less than the 10 percent retainage that would
otherwise be withheld from partial payment.
C. The Contractor shall enter into an escrow agreement satisfactory to the
owner.
D. The Contractor shall obtain the written consent of the surety to such
agreement.
III-57
90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been
accepted in accordance with the requirements of the subsection titled FINAL
ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of
work actually performed. The Contractor shall approve the Engineer's final estimate or
advise the Engineer of his/her objections to the final estimate which are based on
disputes in measurements or computations of the final quantities to be paid under the
contract as amended by change order or supplemental agreement. The Contractor and
the Engineer shall resolve all disputes (if any) in the measurement and computation of
final quantities to be paid within 30 calendar days of the Contractor's receipt of the
Engineer's final estimate. If, after such 30-day period, a dispute still exists, the
Contractor may approve the Engineer's estimate under protest of the quantities in
dispute, and such disputed quantities shall be considered by the owner as a claim in
accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of
Section 50.
After the Contractor has approved, or approved under protest, the Engineer's final
estimate, final payment will be processed based on the entire sum, or the undisputed
sum in case of approval under protest, determined to be due the Contractor less all
previous payments and all amounts to be deducted under the provisions of the contract.
All prior partial estimates and payments shall be subject to correction in the final
estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of
the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or
under the provisions of this subsection, such claims will be considered by the owner in
accordance with local laws or ordinances. Upon final adjudication of such claims, any
additional payment determined to be due the Contractor will be paid pursuant to a
supplemental final estimate.
END OF SECTION 90
III-58
SECTION 100
CONTRACTOR QUALITY CONTROL PROGRAM
THIS SECTION DOES NOT APPLY
III-59
SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF
MATERIAL WITHIN SPECIFICATION LIMITS (PWL)
THIS SECTION DOES NOT APPLY
111-60
SECTION 120
CONSTRUCTION CONTRACT CLAUSES
AIRPORT IMPROVEMENT PROGRAM
120-01 LABOR PROVISIONS
1. Each Sponsor entering into a Construction Contract over Two Thousand
Dollars ($2,000.00) for an Airport Development project is required to insert
in the Contract the following provisions from 29CFR 5.5. Each Contractor
is to include these provisions in each Construction Subcontract.
a. Minimum Wages
(1 ) All laborers and mechanics employed or working upon the
site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of
Labor under the Copeland Act [29 CFR Part 3]), the full
amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage
determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe
benefits under Section 1 (b )(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid
to laborers or mechanics, subject to the provisions of
subparagraph a.( 4) below; also, regular contributions made
or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, programs which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of Work actually performed, without regard
to skill, except as provided in paragraph d. of this clause.
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set
forth the time spent in each classification in which work is
111-61
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 OMB control number 1215-0140.)
111-62
(iii) In the event the Contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and the Contracting Officer do not
agree on the proposed classification and wage rate
(including the amount designated for fringe benefits
where appropriate), the Contracting Officer shall refer
the questions, including the views of all interested
parties and the recommendation of the contracting
officer, to the Administrator for determination. The
Administrator, or an authorized representative, will
issue a determination within thirty (30) days of receipt
and so advise or notify the Contracting Officer within
the thirty (30) day period that additional time is
necessary. (Approved by the Office of Management
and Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(2)(ii) or (iji) of this paragraph, shall be paid to all
workers performing work in the classification under
this Contract from the first day on which work is
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the Contractor
shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or
an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or
other third person, the Contractor may consider as part of
the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, that the
Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the
Contractor to set aside in a separate account assets for the
meeting of obligations under the Plan or Program.
(Approved by the Office of Management and Budget under
OMB control number 1215-0140.)
b. Withholding. The Federal Aviation Administration (FAA) shall
upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be
111-63
withheld from the Contractor under this Contract or any other
Federal Contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much
of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the Contract. In
the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of
work, all or part of the wages required by the Contract, the FAA
may, after written notice to the Contractor, Sponsor, Applicant, or
Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
c. Payrolls and Basic Records.
(1 ) Payrolls and Basic Records relating thereto shall be
maintained by the Contractor during the course of the Work
and preserved for a period of three (3) years thereafter for all
laborers and mechanics working at the site of the Work.
Such records shall contain the name, address, and social
security number of each such worker, his or her correct
classification hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in section
1 (b )(2)(B) of the Davis-Bacon Act), daily and weekly number
of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under a( 4) of
this clause that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in
section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor
shall maintain records which show that the commitment to
provide such benefits is enforceable, that the Plan or
Program is financially responsible, and that the Plan or
Program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs
anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of
the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
111-64
(2)
Management and Budget under OMB control number 1215-
0140 and 1215-0017.)
(I)
The Contractor shall submit weekly, for each week in
which any contract work is performed, a copy of all
payrolls to the Applicant, Sponsor, or Owner, as the
case may be, for transmission to the FAA. The
payrolls submitted shall set out accurately and
completely all of the information required to be
maintained under paragraph c( 1 ) above. This
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose
and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-
1), U.S. Government Printing Office, Washington,
D.C. 20402. The prime Contractor is responsible for
the submission of copies of payrolls by all
subcontractors. (Approved by the Office of
Management and Budget under OMB control number
1215-0149.)
(ii) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Contractor
or subcontractor or his or her agent who pays or
supervises the payment of the persons employed
under the Contract and shall certify the following:
(A) That the payroll for the payroll period contains
the information required to be maintained
under paragraph c( 1) above and that such
information is correct and complete;
(B) That each laborer and mechanic (including
each helper, apprentice and trainee) employed
on the Contract during the payroll period has
been paid the full weekly wages eamed,
without rebate, either directly or indirectly and
that no deductions have been made either
directly or indirectly from the full wages eamed,
other than permissible deductions as set forth
in Regulations 29 CFR Part 3;
(C) That each laborer or mechanic has been paid
not less than the applicable wage rates and
fringe benefits or cash equivalents for the
classification of work performed, as specified in
111-65
the applicable wage determination
incorporated into the Contract.
(iii) The weekly submission of a properly executed
certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required
by paragraph c.(2)(b) of this section.
(iv) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18
and Section 231 of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records
required under paragraph c.(1) of this section available for
inspection, copying or transcription by authorized
representatives of the FAA or the Department of Labor, and
shall permit such representatives to interview employees
during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice
to the Contractor, sponsor, applicant or Owner, take such
action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon
request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
d. Apprentices and Trainees
(1) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the Work they performed
when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized
by the bureau, or if a person is employed in his or her first
ninety (90) days of probationary employment as an
apprentice in such as apprenticeship program, who is not
individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job site
111-66
in any craft classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force under
the registered program.
Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate
on the wage determination for the classification of work
actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing
construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator
determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the Work performed until an
acceptable program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will
not be permitted to work at less than the predetermined rate
for the Work performed unless they are employed pursuant
to and individually registered in a program which has
received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the
job site shall not be greater that permitted under the Plan
approved by the Employment and Training Administration.
111-67
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed in the wage determination
unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on
the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not
less than the applicable wage rate on the wage
determination for the Work actually performed. In the event
the Employment and Training Administration withdraws
approval of a training program, the Contractor will no longer
be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
(3) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall
be in conformity with the Equal Employment Opportunity
requirements of Executive Order 11246, as amended, and
29 CFR Part 30.
e. Compliance with Copeland Act Requirements. The Contractor
shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this Contract.
f. Subcontracts. The Contractor or Subcontractor shall insert in any
subcontracts the clauses contained in paragraphs a through j of this
Contract and such other clauses as the FAA may by appropriate
instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the Contract
clauses in 29 CFR 5.5.
111-68
g. Contract Termination: Debarment. A breach of the Contract
clauses in 29 CFR 5.5 may be grounds for termination of the
Contract, and for the debarment as a Contractor and a
subcontractor as provided in 29 CFR 5.12.
h. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this Contract.
I. Disputes Concerning Labor Standards. Disputes arising out of
the labor standards provisions of this Contract shall not be subject
to the general disputes clause of this Contract. Such disputes shall
be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees of their representatives.
j. Certification of Eligibility.
(1 ) By entering into this Contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the Contractor's firm is a person or firm ineligible
to be awarded Government contracts by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1).
(2) No part of this Contract shall be subcontracted to any person
or firm ineligible for award of a Govemment contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1 ).
(3) The penalty for making false statements is prescribed in
Criminal Code, 18 U.S.C. 1001.
2. The following clauses in paragraphs a., b., c., d., and e. below, required by
the Contract Work Hours and Safety Standards Act, will also be inserted in
full in AlP Construction contracts in excess of Two Thousand Dollars
($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of
Part 4 of Title 29. As used in the following, the term "laborers" and
"mechanics" include watchmen and guards.
a. Overtime Requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
111-69
permit any such laborer or mechanic in any work week in which he
or she is employed on such work to work in excess of forty (40)
hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half (1~) times
the basic rate of pay for all hours worked in excess of forty (40)
hours in such work week.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In
the event of any violation of the clause set forth in paragraph a.
above, the Contractor or any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such Contractor
and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph a. above,
in the sum of ten dollars ($10.00) for each calendar day on which
such individual was required or permitted to work in excess of the
standard workweek of forty (40) hours without payment of the
overtime wages required by the clause set forth in paragraph a.
above.
c. Withholding for Unpaid Wages and Liquidated Damages. The
FAA shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work
performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph b. above.
d. Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs a. through d. and
also a clause requiring the subcontractor to include these clauses
in any lower tier subcontracts. The prime Contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs a. through d.
e. Working Conditions. No contractor or subcontractor may require
any laborer and mechanic employed in the performance of any
contract to work in surroundings or under working conditions that
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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 Emplovment 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
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origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a
portion of the Work involving any construction trade, it shall physically
include in each subcontract in excess of $10,000 (Ten Thousand Dollars)
the provisions of these Specifications and the notice which contains the
applicable goals for minority and female participation and which is set forth
in the solicitations from which this Contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a
Hometown Plan approved by the U.S. Department of Labor in the covered
area either individually or through an association, its affirmative action
obligations on all work in the plan area (including goals and timetables)
shall be in accordance with that plan for those trades which have unions
participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown
Plan. Each Contractor or subcontractor participating in an approved plan
is individually required to comply with its obligations under the EEO clause
and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance
by.other Contractors or subcontractors toward a goal in an approved plan
does not excuse any covered Contractor's or subcontractor's failure to
take good faith efforts to achieve the plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through p of these Specifications. The goals
set forth in the solicitation from which this Contract resulted are expressed
as percentages of the local hours of employment and training of minority
and female utilization the Contractor should reasonably be able to achieve
in each construction trade in which it has employees in the covered area.
Covered construction contractors performing construction work in
geographical areas where they do not have a federal or federally assisted
construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are
published periodically in the Federal Register in notice form, and such
notices may be obtained from any Federal Contract Compliance Programs
office or from Federal Procurement contracting officers. The Contractor is
expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the Contractor has a collective bargaining
agreement to refer either minorities or women shall excuse the
Contractor's obligations under these Specifications, Executive Order
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11246, as amended, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees must be
employed by the Contractor during the training period and the Contractor
must have made a commitment to employ the apprentices and trainees at
the completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure EEO. The
evaluation of the Contractor's compliance with these Specifications shall
be based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully and shall implement
affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which
the Contractor's employees are assigned to work. The Contractor,
where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that
all foremen, superintendents, and other onsite supervisory
personnel are aware of and carry out the Contractor's obligation to
maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such
facilities.
b. Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and
female recruitment sources and to community organizations when
the Contractor on its unions have employment opportunities
available, and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or female referral from a union, a recruitment source, a
community organization and of what action was taken with respect
to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the Contractor
by the union or, if referred, not employed by the Contractor, this
shall be documented in the file with the reason therefore along with
whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the
union or unions with which the Contractor has a collective
bargaining agreement has not referred to the Contractor a minority
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person or woman sent by the Contractor, or when the Contractor
has other information that the union referral process has impeded
the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly includes minorities
and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department
of Labor. The Contractor shall provide notice of these programs to
the sources complied under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees
at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the Company's EEO policy and
affirmative action obligations under these Specifications with all
employees having any responsibility for hiring, assignment, layoff,
termination, or other employment decisions including specific
review of these items with onsite supervisory personnel such as
superintendents, general foremen, etc., prior to the initiation of
construction work on any job site. A written record shall be made
and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the
subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in
any advertising in the news media, specifically including minority
and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and
subcontractors with whom the Contractor does or anticipates doing
business.
I. Direct its recruitment efforts, both oral and written, to minority,
female, and community organizations, to schools with minority and
female students; and to minority and female recruitment and
training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for
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the acceptance of applications for apprenticeship or other training
by any recruitment source, the Contractor shall send written
notification to organizations, such as the above, describing the
openings, screening procedures, and tests to be used in the
selection process.
j. Encourage present minority female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female
youth both on the site and in other areas of a Contractor's work
force.
k. Validate all tests and other selection requirements where there is
an obligation to do so under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation, at least of
all minority and female personnel, for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the
Contractor's obligations under these Specifications are being
carried out.
n. Ensure that all facilities and company activities are nonsegregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors, adherence to
and performance under the Contractor's EEO policies and
affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations (7a
through p). The efforts of a contractor association, joint contractor-union,
contractor-community, or other similar groups of which the Contractor is a
member and participant, may be asserted as fulfilling anyone or more of
its obligations under 7a through p of these Specifications provided that the
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Contractor actively participates in the group, makes every effort to assure
that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractor's minority and female work force
participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the Contractor's
noncompliance.
9. A single goal for minorities and a separate single goal for women have
been established. The Contractor, however, is required to provide EEO
and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the executive order if a particular group is
employed in a substantially disparate manner (for example, even though
the Contractor has achieved its goals for women generally, the Contractor
may be in violation of the executive order if a specific minority group of
women is under utilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color,
religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246,
as amended.
12. The Contractor shall carry out such sanctions and penalties for violation of
these Specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may
be imposed or ordered pursuant to Executive Order 11246, as amended,
and its implementing regulations. by the OFCCP. Any contractor who fails
to carry out such sanctions and penalties shall be in violation of these
Specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these Specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these Specifications, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the
executive order, the implementing regulations, or these Specifications, the
Director shall proceed in accordance with 41 CFR 60-4.8.
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14. The Contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is
being carried out, to submit reports relating to the provisions hereof as
may be required by the government, and to keep records. Records shall
at least include for each employee, the name, address, telephone 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 Reauirements. During the performance of this
Contract, the Contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with
the Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter, "DOT") Title
49, Code of Federal Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract.
2. NONDISCRIMINATION. The Contractor, with regard to the Work
performed by it during the Contract, shall not discriminate on the grounds
of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not partiCipate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set
forth in Appendix 3 of the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT
OF MATERIALS AND EQUIPMENT. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor's obligation under this Contract
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and the Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
4. INFORMATION AND REPORTS. The Contrac~or shall provide all
information and reports required by the Regulations or Directives issued
pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
Sponsor or the FAA to be pertinent to ascertain compliance with such
regulations, orders, and instructions. Where any information required of a
Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so certify to the Sponsor or
the FAA, as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the
sponsor shall impose such Contract sanctions as it or the FAA may
determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the Contract until
the Contractor complies, and/or
b. . Cancellation, termination, or suspension of the Contract, in whole
or in part.
6. INCORPORATION OF PROVISIONS. The Contractor shall include the
provisions of Paragraphs 1. through 5. in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall
take such action with respect to any subcontract or procurement as the
Sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the
event a Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the
Contractor may request the Sponsor to enter into such litigation to protect
the interests of the Sponsor and, in addition, the Contractor may request
the United States to enter into such litigation to protect the interests of the
United States.
C. Eaual Emplovment Opportunity Clause. During the performance of this
Contract the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment without
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regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of payor other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, or national origin.
3. The Contractor will send, to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising that said labor union or
workers' representatives of the Contractor's commitments under this
section and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
4. The Contractor will' comply with all provisions of Executive Order 11246,
as'-amended, of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by
Executive Order 11246, as amended, of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the
FAA and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or
orders, this Contract may be canceled, terminated, or suspended in whole
or in part and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246, as
amended, of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246, as
amended, of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately
preceding paragraph 1. and the provisions of Paragraph 1. through 7. in
every subcontract or purchase order unless exempted by rules,
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regulations, or orders of the Secretary of Labor issued pursuant to Section
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 Reauirement for Affirmative Action to Ensure Eaual 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
Co"nstruction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed
in percentage terms for the Contractor's aggregate work force in each
trace on all construction work in the covered area are as follows:
Timetables
Goals for minority
participation for
each trade 30.4 %
Goals for Female
participation in
each trade 6.9 %
These goals are applicable to all the Contractor's construction work
(whether or not it is Federal or Federally assisted) performed in the
covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the
goals established for such geographical area where the work is actually
performed. With regard to this second area, the Contractor also is subject
to the goals for both its Federally involved and nonfederally involved
construction.
The Contractor's compliance with the executive order and the regulations
in 41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its
efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the
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Contract, and in each trade, and the Contractor shall make a good faith
effort to employ minority and women evenly on each of its projects. The
transfer of minority or female employees or trainees from contractor to
contractor or from female employees or trainees from contractor to
contractor or from project to project, for the sole purpose of meeting the
Contractor's goals, shall be a violation of the Contract, the Executive
Order, and the regulations in 41 CFR Part 60-4. Compliance with the
goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director, OFCCP,
within ten (10) working days of award of any construction subcontract in
excess of $10,000 (Ten Thousand Dollars) at any tier of construction
subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of
construction work under the Contract resulting from this solicitation. The
notification shall list the name, address, telephone number of the
subcontractor; employer identification number of the subcontractor,
estimated dollar amount of the subcontracts; estimated starting and
completion dates of the subcontract; and the geographical area in which
the subcontract is to be performed.
4. As used in this notice and in the Contract resulting from this solicitation,
the "covered area" is in Kev West, Monroe County, State of Florida.
F. Reauired Reports.
1. Monthly Employment Utilization Reports (SF 257). This Report is to be
prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office,
Federal Contract Compliance Program (OFCCP) that serves the
geographical area in which this project is located. The Report is due by
the fifth day of each month after work has commenced. The Contractor will
be advised further regarding this Report including the address of the
OFCCP Area Office, at the Pre-Construction Conference.
2. Annual EEO-1 Report. Contractors/subcontractors working on Federally-
assisted airport construction projects are required to file with the sponsor
annually, on or before March 31, complete and accurate reports on
Standard Form 100 (Employee Information Report, EEO-1). The first such
report is required within thirty (30) days after award unless the
Contractor/subcontractor has submitted such a report within twelve (12)
months preceding the date of award (the FAA or Department of Labor,
OFCCP can designate other intervals). This form is normally fumished
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:
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a. Nonexempt. Contractors/subcontractors are not exempt based on
41 CFR 60-1.5, and
b. Number of Employees. Has fifty (50) or more employees,
c. Contractor/Subcontractor. Is a prime 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 Nonseareaated Facilities.
1. Notice to Prospective Federally Assisted Construction Contractors.
a. Certification of Nonsegregated Facilities must be submitted prior to
the award of a federally assisted construction contract exceeding
$10,000 (Ten Thousand Dollars) which is not exempt from the
provisions of the equal opportunity clause.
b. Contractors receiving federally assisted construction contract
awards exceeding $10,000 (Ten Thousand Dollars) which are not
exempt from the provisions of the Equal Opportunity Clause will be
required to provide for the forwarding of the following notice to
prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 (Ten Thousand Dollars)
and are not exempt from the provisions of the Equal Opportunity
Clause.
2. Notice to Prospective Subcontractors of Requirement for Certification of
Nonsegregated Facilities.
a. A Certificate of Nonsegregated Facilities must be submitted prior to
the award of subcontract exceeding $10,000 (Ten Thousand
Dollars) which is not exempt from the provisions of the Equal
Opportunity Clause.
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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 ~nd other eating areas, timeclocks, locker rooms and other
storage and dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are
segregated by explicit directives or are in fact segregated on the basis of race, color,
religion, or national origin because of habit, local customs, or any other reason. The
Construction Contractor agrees that (except where he has obtained identical
certifications from proposed subcontractors for specific time periods) he will obtain
identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of
the Equal Opportunity Clause and that he will retain such certifications in his files.
Signature of Contractor
Title
120-03 MISCELLANEOUS CONTRACT PROVISIONS
1. Airport Improvement Program Project (AlP). The Work in this Contract
is included in AlP Project No. 3-12-0037-2404 which is being undertaken
and accomplished by the Owner in accordance with the terms and
conditions of a grant agreement between the Owner and the United
111-83
States, under the Airport and Airway Improvement Act of 1982 and Part
152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to
which the United States has agreed to pay a certain percentage of the
costs of the Project that are determined to be allowable project costs
under that Act. The United States is not a party to this Contract and no
reference in this Contract to the FAA or any representative thereof, or to
any rights granted to the FAA or any representative thereof, or the United
States, by the Contract, makes the United States a party to this Contract.
2. Consent to Assignment. The Contractor shall obtain the prior written
consent of the OWNER to any proposed assignment of any interest in or
part of this Contract.
3. Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), the Contractor shall give
preference to veterans of the Vietnam era and disabled veterans as
defined in Section 515(c)(1) and (2) of the Airport and Airway
Improvement Act of 1982.
4. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials
used in the performance of this Contract.
5. Foreign Trade Restrictions. The Contractor or subcontractors, by
submission of an offer and/or execution of a Contract, certifies that it:
a. is not owned or controlled by one or more citizens or nationals of a
foreign country included in the list of countries that discriminates
against U.S. firms published by the Office of the United States
Trade Representative (USTR);
b. has not knowingly entered into any Contract or subcontract for this
project with a Contractor that is a citizen or national of a foreign
country on said list, or is owned or controlled directly or indirectly by
one or more citizens or nationals of a foreign country on said list.
c. has not procured any product nor subcontracted for the supply of
any product for use on the Project that is produced in a foreign
country on said list.
Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no Contract shall be
awarded to a contractor or subcontractor who is unable to certify to the
above. If the Contractor knowingly procures or subcontracts for the supply
of any product or service of a foreign country on the said list for use on the
Project, the FAA may direct, through the Sponsor, cancellation of the
111-84
Contract at no cost to the Government.
Further, the Contractor agrees that, if awarded a Contract resulting from
this solicitation, it will incorporate this provision for certification without
modification in each Contract and in all lower tier subcontracts. The
Contractor may rely upon the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The Contractor shall provide immediate written notice to the Sponsor if the
Contractor learns that its certification or that of a subcontractor was
erroneous when submitted or has become erroneous by reason of
changed circumstances. The subcontractor agrees to provide immediate
written notice to the Contractor, if at any time it learns that its certification
was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance
was placed when making the award. If it is later determined that the
Contractor or subcontractor knowingly rendered an erroneous certification,
the FAA may direct, through the Sponsor, cancellation of the Contract or
subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the
certification required by this provision. The knowledge and information of
a Contractor is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of
the United States of America and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under
Title 18, United States Code, Section 1001.
6. Subcontracts. The Contractor shall insure in each of his subcontracts
the provisions contained in Paragraphs A., C., and D. of this section and
also a clause requiring the subcontractors to include these provisions in
any lower tier subcontractors which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in tum
be made.
7. Clean Air and Water Pollution Control Requirements for All
Construction Contracts and Subcontracts Exceeding $100,000 (One
Hundred Thousand Dollars).
Contractors agree:
a. That any facility to be used in the performance of the Contract or to
111-85
benefit from the Contract is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities.
b. To comply with all the requirements of Section 114 of the Clean Air
Act and Section 308 of the Federal Water Pollution Control Act and
all regulations issued thereunder.
c. That as a condition for award of a Contract, they will notify the
awarding official of the receipt of any communication from the EPA
indicating that a facility to be utilized for performance of or benefit
from the Contract is under consideration to be listed on the EPA
List of Violating Facilities.
d. To include in any subcontract which exceeds $100,000 (One
Hundred Thousand Dollars), the requirements of (a), (b), and (c)
above.
STANDARD CLAUSE FOR SOLICITATIONS. CONTRACTS. AND SUBCONTRACTS
REQUIRED FOR 49 CFR PART 29
Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion:
The Bidder/Offeror certifies, by submission of this proposal or acceptance of this
Contract, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded for
participation in this transaction by any Federal department or agency. It further
agrees by submitting this proposal that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and
subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is
unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
END OF SECTION 120
111-86
SECTION 130
SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational Safety and Health Act
of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety
Standards Act (PL91-54).
The Contractor alone shall be responsible for the safety, efficiency and adequacy of his
plant, appliances and methods of construction and for any damages which may result
from their failure or their improper construction, maintenance or operations.
The Contractor will be required to comply with the latest edition of Advisory Circular No.
150/5370-2E "Operational Safety on Airports During Construction". 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
111-87
SECTION 140
GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging
of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in the attached schedules, which are made part of this contract.
The Contractor will also ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative, the Contractor may
require all subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in the
commencement of work resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the Contractor's
failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of the work
resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
Contractor's failure to maintain the required insurance.
The Contractor shall provide to the County as satisfactory evidence of the required
insurance either:
Certificate of Insurance, or
A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days'
prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
111-88
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insureds" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all
policies covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County's Risk Manager.
To assist in the development of your proposal, the insurance coverages marked with an
"X" will be required in the event an award is made to your firm. Please review this form
with your insurance agent and have him sign it in the place provided. It is also required
that the bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
Workers' Compensation Statutory Limits
WC1 Employer's Liability $100,000/$500,000/$100,000
WC2 X Employer's Liability $500,000/$500,000/$500,000
WC3 Employer's Liability $1,000,000/$1,000,000/$1,000,000
WCUSLH U.S. Longshoremen & Harbor
Workers Act Same as Employer's Liability
WCJA Federal Jones Act Same as Employer's Liability
GENERAL LIABILITY
As a minimum, the required Qeneralliability coverages will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal injury
- Expanded Definition of Property Damage
Required Limits:
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
111-89
$ 500,000/person; $1 ,OOO,OOO/occurrence
GL3 X $ 100,000 property damage or
$1,000,000 combined single limit
GL4 $5,000,000 combined single limited
Required Endorsement:
GLXCU X Underground, Explosion & Collapse (XCU)
GLLlQ Liquor Liability
All endorsements are required to have the same limits as the basic policy.
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
Required Limits:
VLI .. $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
VL2 $100,OOO/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 $ 500,000/person; $1,000,000/occurrence
X $ 100,000 property damage or
$1,000,000 combined single limit
VL4 $5,000,000 combined single limit
111-90
MISCELLANEOUS COVERAGES
BR1 Builders' Risk Limits Equal to the risk completed project
BR2 Builders' Risk Limits Equal to the risk completed project
MVC Motor Truck Cargo Limits Equal to the max. value of anyone shipment
PR01 Professional Liability $250,000/occurrence
PR02 $500,000/occurrence
PR03 $1,000,000/occurrence
POL1 Pollution Liability $500,000/occurrence
POL2 $1,00O,000/occurrence
POL3 $5,000,000/occurrence
ED1 Employee $10,000
ED2 Dishonesty $100,000
GK1 Garage $300,000 ($25,000/vehicle)
GK2 Keepers $500,000 ($1 OO,OOO/vehicle)
GK3 $1,000,000 ($250,000/vehicle)
MED1 u 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,OOO/occurrence/$500,OOO Agg.
AE02 $500,000/occurrence/$1 ,000,000 Agg.
AE03 $1 ,000,000/occurrence/$3,000,000 Agg.
111-91
12/02/2004 13:27 FAX 1 305 Z94 0772 ~~~ IN~UKAN~t
Dee 02 04 01:03p A~lantic Metals
30S 293 1862
~uu"
p.2
.NSUIUUICE ....,.. STATEIIEIlIT
I have reviewed the above requirernent$ with the bidder named below. The following
dedudibles apply to the corresponding policy:
POUCY
&PrJ1:/lAl. LJ~8Il r,'1
6ft-AT ~'fV'.I?Jll(~,..J -"~)J6fJ)~l)
DEDUCTlBLES
y;. t Ftn,
Liability policies are:
J( Oc:currence
JEJ;,V1eeJ
/(E'IJ I t-3f.
Inswance ~cy
........ STAt-=--"
I understand the insurance that will be rnandalDry If awarded the contract and will
comply inufuII with aD 1M requirementB.
Atlantic Metals Welding & Fabr. co.v~/~
Bidder Si9~~
111-92
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state's
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$ 500,000 Bodily Injury by Accident
$ 500,000.Bodily Injury by Disease, policy limits
$ 500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V1 as
assigned by the A.M. Best Company.
If the Contractor has been approved by the Florida Department of Labor as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor mayl be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
111-93
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
- Premises Operations
- Products and Completed Operations
- Blanket ContractualUability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
111-94
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
· Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combi':led Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
111-95
SECTION 150
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
This section does not apply
111-96
SPECIAL PROVISIONS
,I
I
DIVISION IV
SPECIAL PROVISIONS
SP-1 - PROJECT GENERAL REQUIREMENTS .......................................................... IV-2
SP-2 - NOTICE TO PROCEED AND CONSTRUCTION PHASING ........................... IV-22
SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES......................................... IV-24
SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACILITIES ......................................................... IV-25
SP-5 - RESIDENT PROJECT REPRESENTATIVE .................................................... IV-27
SP-6 - SAFETY AND SECURITY REQUIREMENTS (N/A) ........................................ IV-28
SP-7 - LIST OF DRAWINGS ...................................................................................... IV-29
SP-8 - RESIDENT ENGINEER'S (RPR) OFFICE (N/A) ............................................. IV-30
SP-9 - TEMPORARY FACILITIES ............................................................................. IV-31
SP-10 - DEW A TERI NG ..... ....... .......... ...... ............... .................. ...... ................ ............. IV -36
SP-11 - PRECEDENCE OF DOCUMENTS .................................................................. IV-37
SP-12 - FINAL PAY REQUESTS AND RELATED FORMS .........................................IV-38
IV-1
SPECIAL PROVISION NO.1
PROJECT GENERAL REQUIREMENTS
1. WORK LOCATION. The work will be performed at Kev West International
Airport which is located between Flaoler Avenue and South Roosevelt Boulevard.
Florida. on US Hiohwav NO.1.
2. SCOPE OF WORK. Contractor shall provide all labor, engineering, materials
and equipment to install new handrails and develop demolition of the existing
handrails in the Annex Custom Building at Key West International Airport.
3. WORK PHASING AND SEQUENCING. Work phasing and sequencing
requirements are stipulated in Special Provision NO.2 included hereinafter.
4. TIME OF COMPLETION AND LlQUIOA TED DAMAGES. Work included in this
contract shall be completed within forty-five (45) calendar days as stipulated in
Special Provision Nos. 2 and 3.
5. PLANS. The plans included in this contract are listed in Special Provision NO.7.
6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All
existing cables, light fixtures, signs and related structures are to be protected by
the Contractor in accordance with the provisions contained in Special Provision
NO.4.
7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The
Contractor shall be responsible for methods, means, materials and procedures
necessary to protect all existing facilities, property, asphalt and concrete
pavements, structures, equipment, and finishes from any and all damage
whatsoever arising from the execution or non-execution of the work of this
project.
The Contractor shall take all necessary precautions to protect asphalt and
concrete pavement surfaces when steel threaded equipment or vehicles are
used. Rubber tires or treads shall be used wherever possible.
All conflicts discovered between existing underground utilities or structures and
new structures and other foundation work shall be immediately brought to the
attention of the Engineer who will then issue directions regarding a solution to the
conflict( s).
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.
IV-2
The project layout surveying may be accomplished during daylight hours
provided the Contractor meets the following conditions:
A. The Contractor shall notify the Engineer and Airport Manager forty-eight
(48) hours in advance with dates and times surveying will be started so a
NOTAM can be issued.
B. No vehicles or heavy equipment shall be within 200' of the centerline of
Runway 9-27 or within 73' of any active taxiway centerline during the time
the survey work is being accomplished.
C. Only men and hand tools will be allowed within 125' of Runway 9-27
centerline, at the turn arounds and T/W's connectors.
D. Survey party members shall be equipped with hand-held radios and shall
continuously monitor the UNICOM and airline radio frequencies and pull
back men and survey equipment to a point 125' from the runway
centerline during aircraft operations.
E. No survey men or equipment will be allowed on the runway (100' wide) or
taxiway (50' wide). Pavement during survey work periods will not be
allowed unless authorized by the Engineer.
F. No survey work shall be accomplished without the presence of the
Engineer or his authorized representative.
9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing
with construction, the Contractor shall familiarize himself as to the existing
conditions. Should the Contractor discover any inaccuracies. errors or omissions
between the actual existina conditions and the Contract Documents, he shall
within fifteen (15) calendar days prior to Bid Ooenino. notify the Enoineer in
writing. Submission of Bid by the Contractor shall be held as an acceptance of
the existing conditions by the Contractor. .
IV-3
10. SAFETY AND PROTECTION.
A. General Project Safety: Inasmuch as each work area will be accessible
to and used by the public, the Owner and other companies doing business
at the Airport during the construction period, it is the Contractor's
responsibility to maintain each work area in a safe, hazard free condition
at all times. Should the Owner find the area unsafe at any time, they will
notify the Contractor, and the Contractor shall take whatever steps
necessary to remedy the unsafe condition. Should the Contractor not be
immediately available for corrective action, the Owner will remedy the
problem and the Contractor shall reimburse the Owner for the expense of
such correction.
B. Airfield and Security: This Project will take place within the secured
(fenced) airfield area of the Airport. When the Contractor enters upon said
secured area, the Contractor shall conduct all work in conformance with
the Safety and Security requirements included in Special Provision NO.6.
C. Protection of Property: Fixed structures, equipment, paving,
landscaping and vehicles (automobiles, trucks, etc.) shall be protected
with drop cloths, shielding and other appropriate measures to ensure
maximum protection of all property and vehicles.
11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the
Contractor shall attend a pre-construction conference and bring with him the
superintendent employed for this project. In the event the Contractor is unable to
attend, he shall send a letter of introduction with the superintendent in which he
advises the superintendent's full name and states that he is assigned to the
project and will be in full responsible charge. This conference will be called by
the Engineer or Resident Project Representative (RPR), who will arrange for the
Owner's representative and other interested parties to be present. At this time,
all parties will discuss the project under contract and prepare a program of
procedure in keeping with requirements of the drawings and specifications. The
superintendent will henceforth make every effort to expeditiously coordinate all
phases of the work, including the required reporting procedure, to obtain the end
result within the full purpose and intent of the drawings and specifications for the
project.
12. COORDINATION AND PROGRESS MEETINGS
A. General: The Engineer or RPR will prepare a written memorandum on
required coordination activities. Included will be such items as required
notices, reports, and attendance at meetings. This memorandum will be
distributed to each entity performing work at the project site.
IV-4
B. Weekly Coordination and Progress Meetings: The Engineer or RPR
will hold weekly general project coordination and progress meetings at
regularly scheduled times convenient for all parties involved. These
meetings are in addition to specific meetings held for other purposes, such
as special project meetings and special pre-installation meetings. The
Engineer or RPR will require representation at each meeting by every
party currently involved in coordination or planning for the work of the
entire project. Meetings will be conducted in a manner which will resolve
coordination problems.
C. The Engineer or RPR will record results of the meeting and distribute
copies to everyone in attendance and to others affected by decisions or
actions resulting from each meeting.
13. ADMINISTRA TIVE/SUPERVISORY PERSONNEL. The Contractor shall provide
a full-time Project Management Team consisting of a Project Superintendent
and other supervisory personnel for the duration of the Project. The names and
qualifications of this team for this work shall be submitted to the Owner as part of
the Bidder Qualification Form. They shall have a minimum of five (5) years of
experience on suitable projects of equal difficulty. The Project Superintendent
shall be at the construction site at all periods when work is in progress. This
person shall have full authority to act in the Contractor's behalf. It is agreed and
understood that, if requested in writing by the Owner, the Contractor shall replace
any member of the team with another meeting the required qualifications within
three (3) days of the receipt of the request.
14. SPECIAL REPORTS.
A. Reporting Unusual Events: When an event of an unusual and
significant nature occurs at the site, Contractor shall prepare and submit a
special report to the Engineer. List chain of events, persons participating,
response by the Contractor's personnel, an evaluation of the results or
effects and similar pertinent information. Advise the Owner and Engineer
as soon as possible when such events are known.
B. Submit special reports directly to the Owner within one day of occurrence.
Submit a copy of the report to the Engineer and other entities that are
affected by the occurrence within one day of the occurrence.
15. SCHEDULE OF WORK
A. Prepare and submit, in triplicate, for the Engineer's information, progress
schedules for the work.
IV-5
B. Progress schedules shall relate to the entire project to the extent required
by the Contract Documents and shall provide for expeditious and
practicable execution of the work.
C. Progress schedules shall be updated monthly.
D. Percent complete shall be based on actual construction in place or dollar
volume of the work. If dollar volume of the work reflects the greater
percent complete, the maximum percent complete shall in no case exceed
5 percent of the value of the in-place construction.
16. PROGRESS SCHEDULE.
A. Preliminary Schedule: Within 15 days after date of Notice of Award and
Acceptance, the Contractor shall submit his preliminary network phasing
diagram (Preliminary Schedule) indicating a comprehensive overview of
the Project including an activity line for each of the work segments to be
performed at the site.
1) Arrange the schedule to indicate required sequencing of work and
to show time allowances for submittals, inspections, and similar
time margins.
2) The submitted schedule shall be reviewed by the Engineer and
Owner for conformance to Critical Dates and overall project
completion time criteria. Lack of this information will be cause for
rejection of the schedule.
3) Following initial submittal of schedule to and response by the
Engineer, print and distribute the Progress Schedule to entities with
a need-to-know responsibility, including three (3) copies to the
Engineer. Post in temporary office space. Revise at intervals
matching payment requests, and redistribute and repost. Provide
copies required with payment requests.
17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be
updated on a monthly basis, and a copy thereof submitted with each of the
Contractor's Applications for Payment. The updated Progress Schedule shall not
only indicate revisions to the Schedule for upcoming work but show "as-built"
schedule progress data. The Engineer will not recommend for payment, by the
Owner, an Application for Payment without the Contractor's submission of a
Monthly Schedule Update.
A. If the Contractor's Monthly Schedule Update reflects, or the
Engineer determines, that the Contractor is at least ten percent
IV-6
(10%) behind the original Progress Schedule or fourteen (14) or
more calendar days behind the original Progress Schedule for:
1) the work as a whole;
2) a major Contract item;
3) an item of work which is on the critical path; or
4) an item of work not on the original critical path that, because
of the delay or anticipated delay became a critical path item;
then the Contractor must submit with the Monthly Schedule Update
his proposed plan for bringing the work back on schedule and
completing the Work within the Contract time.
B. The Progress Schedule shall be coordinated by the Owner's Project
Administrator with the overall schedule for the Airport Projects. The
Contractor is required to revise the Progress Schedule promptly in
accordance with the conditions of the work, subject to approval by
the Owner's Project Coordinator and the Engineer.
C." The Contractor shall comply fully with all time and other
requirements of the Contract Documents. Recommendation of an
Application of Payment of the Engineer and payment thereon by
the Owner, without the submission of a Monthly Schedule Update,
shall not constitute a waiver of the requirements of such updates,
nor shall it relieve the Contractor from the obligation to complete
the Work within the Contract Time.
D. Should a review of work indicate a critical path (milestone) item has
fallen behind the approved schedule; at the option of the Engineer;
funds equal to the established liquidated damages for the number
of calendar days behind schedule will be withheld until that critical
path item is brought back on schedule.
18. CHANGES IN THE SCHEDULE.
A. Minor Changes: Each week, prior to the weekly coordination
meeting, during the time of the contract, the Contractor shall notify
the Engineer of any minor changes that are anticipated in the
schedule for the following week.
B. Major Changes: If for any reason, a major change in the approved
schedule is anticipated, the Contractor shall make the necessary
IV-7
changes to the schedule and resubmit the revised schedule for
approval.
Copies of the approved schedule shall be posted in the Contractor's
field office with completed work identified in colored pencil.
19. MAINTENANCE OF TRAFFIC.
A. The Contractor shall not obstruct nor create a hazard to any traffic
during the prosecution of the work and shall be responsible for
repair of all damage to existing pavement or facilities caused by his
operations.
B. Beginning date of Contractor's Responsibility: the Contractor's
responsibility for maintenance of traffic shall begin on the day he
starts the work and continue until Final Completion and Acceptance
of the Project.
C. Sections Not Requiring Traffic Maintenance: the Contractor will not
be required to maintain traffic over those portions of the Project
where no work is to be accomplished or where construction
operations will not affect aircraft operations. The Contractor,
however, shall not obstruct nor create a hazard to any traffic during
the prosecution of the work and shall be responsible for repair of
any damage to existing pavement or facilities caused by his
operations.
D. Traffic During Construction: All construction vehicles are required
to use existing traffic routes. Normal traffic lanes are not to be used
as staging areas for arriving delivery vehicles. The Contractor's
employees shall utilize the designated Contractor employee parking
area.
E. Contractor Signing: The Contractor may furnish and install
construction traffic directional signs along the existing traffic route.
The signs shall depict Contractor's logo or name, directional arrows
and "deliveries". Signs shall be of sufficient size to have 8" high
message and shall be located at each decision point. All signs and
their locations shall be approved by the Engineer and Owner. NO
OTHER SIGNS ARE PERMITTED.
F. Material Deliveries: The Contractor shall make his own material
and equipment deliveries. No deliveries shall be made by vendors
or suppliers without escort by a representative of the Contractor.
IV-8
G. Notification: On days when construction traffic is expected to be
extra heavy or when oversized pieces of equipment are to be
delivered, give minimum forty-eight (48) hours notice to the
Engineer.
H. All Contractor's material orders for delivery to the work site will use
as a delivery address, the street name and number assigned to the
access point onto the airport. The name "KEY WEST
INTERNATIONAL AIRPORT" shall not be used in the delivery
address at any time. This will preclude delivery trucks from
entering into aircraft operations areas inadvertently. All Contractor
material orders for the work site shall be delivered to the areas
designated as the Contractor's receiving area. All deliveries shall
be made only during the Contractor's working hours.
I. I nterference Request:
1 ) The Contractor shall be responsible for notifying the Owner
in writing and securing approval for any and all interruptions
or interference with traffic (pedestrian, automobile, or other
necessary function of the Airport or any of the Airlines).
2) The request shall include a traffic control plan indicating
barricades, lighting and flagmen where required.
3) . Such notification shall be made as soon as possible but in
no case less than 48 hours prior to interference.
4) It is suggested that the Contractor utilize a standard form
addressed to the Owner with a blank space for a description
of the interference, the exact area affected, the exact times
and dates the interference will take place and blanks for the
Owner's approval. The forms shall be submitted in dupli-
cate. No interference will be allowed until the Contractor has
received back a copy of the approved interference request
form.
J. Personnel Traffic:
1) General: All construction personnel shall be restricted to
construction areas. They shall wear shirts with sleeves and
long pants at all times.
2) Use of Public Areas: The Contractor's workmen shall not
utilize public areas for taking their "work breaks" or "lunch
breaks". Areas for this purpose can be designated by the
IV-9
Owner upon request. No Public Toilets shall be used by any
workmen at any time.
20. DAILY CLEAN-UP AND TRASH REMOVAL.
A. Debris from this work shall be promptly removed from the site at
least daily. It shall not be allowed to become a hazard to the safety
of the public.
B. The Contractor shall be responsible for clean-up and trash removal.
Accumulation of trash and debris will not be allowed and the
Engineer or RPR may at any time direct the Contractor to
immediately remove his trash and debris from the site of the work
when in the opinion of the Owner such trash constitutes a nuisance
or in any way hinders the work or the Airports operations. If the
Contractor should fail to remove his trash and debris from the site
of the work in a timely manner, the Owner may have this work
performed and deduct the cost of such from Contractor's payment.
21. CLEANING AND PROTECTION.
A. General: During handling and installation of work at the project site, clean
and protect work in progress and adjoining work on the basis of
continuous daily maintenance. Apply protective covering on installed work
to ensure freedom from damage or deterioration.
B. Clean and perform maintenance on installed work as frequently as
necess3ry trrou;Jr the remainder of t~13 c.on~t";ctio;: period. Adjust and
lubricate operable components to ensure operability without damaging
effects.
C. Limiting Exposure of Work: To the extent possible through appropriate
control and protection methods, supervise performance of the work in
such a manner and by such means which will ensure that none of the
work, whether completed or in progress, will be subjected to harmful,
dangerous, damaging or otherwise deleterious exposure during the
construction period. Such exposures include, where applicable, but not by
way of limitation the following:
1) Excessive static or dynamic loading
2) Excessive intemal or external pressures
3) Solvents
4) Chemicals
IV-10
5) Light
6) Puncture
7) Abrasion
8) Heavy Traffic
9) Soiling
10) Combustion
11) Improper shipping or handling
12) Theft
13) Vandalism
D. Protection at Openings: Contractor shall provide protection at all openings
in structures and finishes to maintain the building weather and dust tight.
All protection shall be of solid material and substantial so that it will not be
disturbed by wind and weather normal to the area and season, and also
tight fitting to prevent noise infiltration.
E. Protection of Improvements:
'J) Damage to Exi~t;ng Facilitle~: Existing surfaces and materjals of
the Owner's property not requiring work by the Contract Documents
that is damaged by the Contractor's operations shall be
immediately repaired. Repaired surfaces and materials shall match
existing adjacent undamaged surfaces and materials. Repair work
shall be coordinated with the Engineer and Owner with regard to
time and method.
2) Accidental Demolition: All structures or parts thereof that may
become damaged due to accident or Contractor's error shall be
restored to their original condition at no cost to the Owner.
Materials and equipment being used in the repair or replacement
resulting from damage shall be new and shall perform at the
manufacturer's published capacities. If the existing equipment or
materials cannot be identified, or if unavailable, the selection of the
replacement will be subject to approval by the Engineer in writing.
IV-11
F. Overhead Protection
1 ) No cranes or other construction equipment shall cross over non-
construction personnel, their travel ways or ride systems.
2) The plan of operation of cranes and other hoisting equipment shall
be established in writing by the Contractor. This plan of operation
shall be subject to approval by the Engineer.
22. CONSERVATION AND SALVAGE
A. General: It is a requirement for supervision and administration of the Work
that construction operations be carried out with the maximum possible
consideration given to conservation of energy, water and materials. In
addition, maximum consideration shall be given to salvaging materials and
equipment involved in performance of the work but not incorporated
therein. Refer to other sections for required disposition of salvaged
materials which are the Owner's property.
23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all
initial construction "acceptance" testing costs shall be bome by the Owner. An
independent testing laboratory selected and responsible to the Engineer shall
perform all "acceptance" testing required by the technical specifications or as
directed by the Owner and/or the Engineer.
24. TESTING COST .BORNE BY CONTRACTOR. The Contractor shall bear the
cost of testing under the following conditions:
A. If substitute materials or equipment are proposed by the Contractor, he
shall pay the cost of all tests which may be necessary to satisfy the
Engineer that specification requirements are satisfied. The Contractor
shall pay for the Engineer's time spent in review and administrating such
proposed substitution.
B. If materials or workmanship are used which fail to meet specification
requirements, the Contractor shall pay the cost of all testing deemed
necessary by the Engineer to determine the safety or suitability of the
material or element.
C. The Contractor shall pay for all testing costs including, but not limited to,
power, fuel, and equipment cost that may be required for complete testing
of all equipment and systems for proper operation.
D. The Contractor shall pay for all testing required for materials, job mix
designs, equipment, structures and related items included in all shop
IV-12
drawings and other submittals as required by the Technical Specifications
to be submitted and approved by the Engineer prior to construction.
25. PROJECT DOCUMENTATION.
A. Project Drawings: The successful Contractor will be furnished, at no
charge, four (4) copies of drawings and specifications. Additional copies
may be purchased at actual cost of reproduction.
A field set of drawings and specifications shall remain on the job site at all
times and shall be available at all times to the Engineer. The field set
shall be continuously updated to reflect the "as-built" condition of all work
included in this Contract.
The Contractor shall immediately include plainly and conspicuously on the
field set of drawings, and at appropriate paragraphs in the specifications,
all changes or corrections made by addenda and change orders as they
are issued.
Approved copies of all shop drawings and other submittals are to be kept
on the job site at all times and shall be available at all times to the
Engineer.
Changes and deviations from the existing conditions shall be submitted in
writing for approval by the Engineer or Owner prior to installation. In no
case shall any unspecified equipment or materials be installed without
prior approval by the Engineer. .
B. Record Documents:
1) Definition: Record copies are defined to include those documents
or copies relating directly to performance of the work, which the
Contractor is required to prepare or maintain for the Owner's
records, recording the work as actually performed. In particular,
record copies show changes in the work in relation to the way in
which shown and specified by the original contract documents; and
show additional information of value to the Owner's records, but not
indicated by the original Contract Documents. Record copies
include newly-prepared drawings (if any are specified), marked-up
copies of contract drawings, shop drawings, specifications,
addenda and change orders, marked-up product data submittals,
record samples, field records for variable and concealed conditions
such as excavations and foundations, and miscellaneous record
information on work which is otherwise recorded only schematically
or not at all.
IV-13
2) Record Drawings: The Contractor shall maintain a set of Record
Drawings at the job site. These shall be kept legible and current
and shall be available for inspection at all times by the Engineer.
Show all changes or work added on these Record Drawings in a
contrasting color.
a) Mark-up Procedure: During progress of the work, 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. G,ive particular attention to
information on work concealed, which would be difficult to
identify or measure and record at a later date. Note
altemate numbers, change order numbers and similar
identification. Require each person preparing the mark-up to
initial and date the mark-up and indicate the name of the
firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch
high letters.
In showing changes in the work use the same legends as
used on the original drawings. Indicate exact locations by
dimensions and exact elevations by job datum. Give
dimensions from a permanent point.
b) Preparation of Record Drawings: In preparation for
certification of substantial completion on the last major
portion of the work, review the completed mark-up of record
drawings and shop drawings with the Engineer. The
Engineer will then proceed with preparation of a full set of
corrected contract drawings. The Engineer will date each
updated drawing and label each sheet "PROJECT
RECORD" in 1-1/2 inch high letters. Printing as required
herein is the responsibility of the Engineer.
c) Copies, Distribution: Upon completion of record drawings,
the Engineer shall prepare blue-line or black-line prints of
each drawing, regardless of whether changes and additional
information were recorded thereon. The Engineer shall then
IV-14
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
shall be bound in the same manner. The Engineer will retain
one copy set. At the completion of the project, the Engineer
shall submit one set of prints, with changes noted thereon, to
the Owner.
3) Record Drawings shall contain the names, addresses and phone
numbers of the General Contractor and the major sub-contractors.
4) The Engineer shall be the sole judge of the acceptability of the
Record Drawings. Receipt and acceptance of the As-Built
drawings is a pre-requisite for Final Payment.
C. Record Specifications
1 ) During progress of the work, maintain one copy of specifications,
including addenda, change orders and similar modifications issued
in printed form during construction, mark-up variations (of
substance) in actual work in comparison with text of specifications
and modifications as issued. Give particular attention to
substitutions, selection of options, and similar information on work
where it is concealed or cannot otherwise be readily discerned at a
later date by direct observation. Note related record drawing
information and product data where applicable. Upon completion of
the mark-up, submit to the Engineer for the Owner's records. Label
the front cover "PROJECT RECORD" in 1-1/2 inch high letters.
2) Where the manual is printed on one side of the page only, mark
variations on blank left-hand pages of the Project Manual, facing
printed right-hand pages containing original text affected by
variation.
D. Record Product Data
During progress of the work, maintain one copy of each product data
submittal, and mark-up significant variations in the actual work in
comparison with submitted information. Include both variations in product
as delivered to site, and variations from manufacturer's instructions and
recommendations for installation. Give particular attention to concealed
products and portions of the work which cannot otherwise be readily
discerned at a later date by direct observation. Note related change
orders and mark-up of record drawings and specifications. Upon
completion of the mark-up, submit the complete set of product data
IV-15
submittals to Engineer for the Owner's records. Label each data
submittal "PROJECT RECORD" in 1-1/2 inch high letters.
E. Record Sample Submittal
Immediately prior to the date(s) of substantial completion, the Engineer
and Owner's personnel will meet with the Contractor on site, and will
determine if any of the submitted samples maintained by the Contractor
during progress of the work are to be transmitted to the Owner for record
purposes. Comply with the Engineer's instructions for packaging,
identification marking, and delivery to the Owner's sample storage space.
Dispose of other samples in the manner specified for disposal of surplus
and waste materials, unless otherwise indicated by the Engineer.
F. Miscellaneous Record Submittals
Refer to other sections of these specifications for requirements of
miscellaneous record-keeping and submittals in connection with actual
performance of the work. Immediately prior to the date(s) of substantial
completion, complete miscellaneous records and place in good order,
properly identified and bound or filed, ready for continued use and
reference. Submit to the Engineer for the Owner's records. Categories of
requirements resulting in miscellaneous work records are recognized to
include, but are not limited to, the following:
1) Required field records on excavations, foundations underground
construction, wells and similar work. .
2) Surveys by a Registered Land Surveyor establishing lines and
elevations of finished construction.
3) Inspection and Test Reports: Where not processed as shop
drawings or product data.
4) Asphalt or PCC concrete pavement or backfill mix design record
and/or certifications.
5) Concrete mix certifications.
6) Manufacturer's certifications that all fence component materials
conform to specified ASTM specifications. Certifications shall be
accompanied by reports containing the test results for which the
certifications are made.
G. Project Close-out
IV-16
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
actions evidencing completion of the work. Specific requirements for
individual units of work are specified in other sections. Time of close-out
is directly related to substantial completion, and therefore may be a single
time period for the entire work or a series of time periods for individual
parts of the work which have been certified as substantially complete at
different dates. The time variation, if any, shall be applicable to other
provisions of this section.
H. Prerequisites to Substantial Completion
1) Prior to requesting the Engineer's inspection for certification of
substantial completion, for either the entire work or portions thereof,
complete the following and list known exceptions in request:
a) In progress payment request coincident with, or first
following the date claimed, show 100% completion for the
portion of work claimed as "substantially completed", or list
incomplete items, value of incompleteness, and reasons for
being incomplete.
b) Include supporting documentation for completion as
indicated in the Contract Documents.
c) Submit statement showing accounting of changes to the
Contract Sum.
d) Advise the Owner of pending insurance change-over
requirements.
e) Obtain and submit releases enabling the Owner's full and
unrestricted use of the work and access to services and
utilities, including, where required, occupancy permits,
operating certificates, and similar releases.
f) Deliver tools, spare parts, extra stocks of materials, removed
light fixtures, transformers and similar physical items to the
Owner.
g) Make final change-over of locks and transmit keys to the
Owner, and advise Owner's personnel of change-over in
security provisions.
h) Complete start-up testing of systems, and instructions of
Owner's operating-maintenance personnel. Discontinue, or
IV-17
change over and remove from project site, temporary
facilities and services, along with construction tools and
facilities, mock-ups, barricades and similar elements.
2) Inspection Procedures: Upon receipt of the 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 punch list of
itemized work to be completed or corrected, stating that
each item has been completed or otherwise resolved for
acceptance, endorsed and dated by the Engineer.
b. Complete final cleaning up requirements, including touch-up
of marred surfaces.
c. Touch-up and otherwise repair and restore marred exposed
finishes.
2) Re-inspection Procedures: Following Substantial Completion, the
Contractor shall correct or remedy all Punchlist items to the
satisfaction of the Engineer and Owner within a two (2) week period
after the Date of Substantial Completion. If subsequent inspections
are necessary after the two week period in order to eliminate all
deficiencies, the cost of all subsequent inspections with respect to
the Owner and Engineer's time shall be paid by the Contractor.
When ready, the Contractor shall request in writing a final
inspection of the work. Upon completion of reinspection, the
Engineer will prepare a Certificate of Final Acceptance or advise
the Contractor of work not completed or obligations not fulfilled as
required for Final Acceptance. If necessary, the procedures will be
repeated.
IV-18
J. Prerequisites to Final Payment
1 ) Final Payment: Final Payment will be made after final acceptance
of the project by the Engineer and Owner upon request by the
Contractor on condition that the Contractor:
a) Fumish 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) Fumish the Contractor's Affidavit of Release of Liens (2
copies) that all material men and subcontractors have been
paid in full. In the event they have not been paid in full, the
Owner shall retain a sufficient sum to pay them in full and at
his option may make direct payment as provided in Chapter
713, Florida Statutes, as amended, to obtain complete
releases of lien. This authorization to make a direct payment
is not an acknowledgement or waiver by the Owner that an .
unpaid Subcontractor Material man may seek payment from
the Owner rather than from the Public Construction Bond
Surety as required by Sect. 255.05, F.S.
c) Furnish Contractor's Affidavit of Debts and Claims (2
copies ).
d) Fumish required sets of record drawings and maintenance
and operating instructions of new mechanical equipment.
e) Fumish guarantees signed by subcontractors, material
suppliers, and countersigned by the Contractor for operating
equipment.
f) Submit specific warranties, workmanship-maintenance
bonds, maintenance agreements, final certifications and
similar documents.
g) Furnish a signed guarantee, in form acceptable to Engineer
and Owner agreeing to repair or replace as decided by the
Engineer, all work and materials that prove defective within
one (1) year (or more) from the date of final acceptance,
including restoration of all other work damaged in making
such repairs or replacements.
IV-19
h) Furnish consent of Surety to fin31 p3yment.
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 Govemment) 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 30tual DeE partioipation peroentages.
K. Record Document Submittals
Specific requirements for record documents are shown in the section,
PROJECT RECORD DOCUMENTS. Other requirements are indicated in
the General Provisions. General submittal requirements are indicated in
"Submittals" sections. Do not use record documents for construction
purposes; protect from deterioration and loss in a secure, fire-resistive
location; provide access to record documents for the Engineer's reference
during normal working hours.
1 ) Record Drawings: The Engineer shall organize record drawing
sheets into manageable sets, bind with durable paper cover sheets,
and print suitable titles, dates and other identification on cover of
each set.
2) Record Specifications: Upon completion of mark-up, submit to the
Engineer for the Owner's records.
3) Record Product Data: Upon completion of mark-up, submit a
complete set to the Engineer for the Owner's records.
4) Record Sample Submittal: Comply with the Engineer's instructions
for packaging, identification, marking, and delivery to the Owner's
sample storage space.
5) Miscellaneous Record Submittals: Complete miscellaneous
records and place in good order, properly identified and bound or
filed, ready for continued use and reference. Submit to the
Engineer for the Owner's records.
IV-20
6) Maintenance Manuals: Complete, place in order, properly identify
and submit to the Engineer for the Owner's records.
L. Close-out Procedures
General Operating and Maintenance Instructions: Arrange for each
installer of work requiring continuing maintenance or operation, to meet
with the Owner's personnel at the project site to provide basic instructions
needed for proper operation and maintenance of the entire work. Include
instructions by manufacturer's representatives where installers are not
expert in the required procedures. Review maintenance manuals, record
documentation and materials, lubricants, fuel, identification system, control
sequences, hazards, cleaning and similar procedures and facilities. For
operational equipment, demonstrate start-up, shut-down, emergency
operations, safety, economy, efficiency adjustments, and similar
operations. Review maintenance and operations in relation with
applicable warranties, agreements to maintain bonds, and similar
continuing commitments. Permit owner employees to video tape
operating and maintenance instructions.
26. FINAL CLEANING.
A. Provide final cleaning of the work, at the time indicated, consisting of
cleaning each surface or unit of work to normal "clean" condition.
B. Removal of Protection: Remove temporary protection devices and
facilities which were installed during the course of the work to protect
previous completed work during the remainder of the construction period.
C. Compliances: Comply with safety standards and governing regulations for
cleaning operations. Do not bum waste materials at site, nor bury debris
or excess materials on Owner's property. Do not discharge volatile or
other harmful or dangerous materials into drainage systems. Remove
waste materials from site and dispose of in a lawful manner.
Where extra materials of value remain after the completion of the
associated work have become the Owner's property, dispose of these as
directed by the Owner.
IV-21.
SPECIAL PROVISION NO.2
NOTICE TO PROCEED AND CONSTRUCTION PHASING
NOTICE TO PROCEED
A) Notice to Proceed:
To prevent the Contractor from being held responsible for delays in obtaining the
necessary permits, and having these delays deducted from the total calenar days
provided in the contract to complete construction, two (2) Notice to Proceeds will
be issued:
1. Notice to Proceed Permits - This notice will be issued ten (10) days after
award of contract. This notice shall allow the Contractor to proceed as
follows:
Obtain any necessary construction permits which will be required to
accomplish the work.
Prepare and transmit all required shop drawings, submittals, and
- certificatioF"!s as required by the Contract Documents to the Engineer
for review and approval.
Place orders for purchase and delivery of equipment, materials and
supplies.
Prepare his staging area and establish haul routes.
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.
2. Notice to Proceed - Construction:
The Contractor shall submit a construction progress schedule to the
Engineer in accordance with Section 16 of Special Provision No.1. The
progress schedule shall indicate the phasing and work sequencing
anticipated to be accomplished by the Contractor. No actual work shall
begin until the construction progress schedule has been approved by the
Engineer.
Only after the Contractor has obtained all the necessary permits, will the
Notice to Proceed (Construction) be issued, which shall state the date on
IV-22
which it is expected the Contractor will begin the construction and from
which date contract time will be charged.
This Notice to Proceed (Construction) shall include all the construction
activities necessary to complete the work in accordance with the Contract
Documents. Forty-five (45) calendar days will be allowed to complete this
work.
Construction work under this project will be accomplished during the
daytime unless otherwise shown on the plans.
The work included in this Contract shall be accomplished in accordance
with, but not limited to, the following work sequencing:
Contractor shall implement security around work area.
- Contractor shall develop complete demolition of existing handrails.
- Contractor shall fumish and install new handrails.
B) Construction Phasing: Not used in this project.
Upon co~pletion of the work, and before final payment, the contractor shall remove all
equipment, surplus, discarded materials and rubbish.
During the week of Fantasy Fest (October 31) and New Year week the contractor shall
coordinate with the airport manager, RPR, and FBO's to isolate his work in some
specific areas. The airport manager may instruct the Contractor to stop the work during
this time. No additional time and/or cost will be granted to the Contractor.
IV-23
SPECIAL PROVISION NO.3
CONTRACT TIME AND LIQUIDATED DAMAGES
CONTRACT TIME
NOTICE TO PROCEED DESCRIPTION CONTRACT TIME TO
COMPLETE
This notice shall allow the Contractor to obtain any necessary
construction permits required to accomplish the work. Also,
NOTICE TO PROCEED during this time, the Contractor shall order and deliver materials,
(PERMITS) equipment and supplies needed to complete the work. No on-site A.SAP.
construction activities shall be accomplished and the Airport
shall remain open to aircraft operations during the stage.
NOTICE TO PROCEED . Handrails demolition Maximum 45
(CONSTRUCTION) - Install new handrails Calendar Days
TOTAL CONTRACT TIME:
Schematic Construction Scheduling and Staging are included in the plans with the work
and operational constraints for informal purposes only. They are intended to represent Maximum 45
viable construction sequences that the Contractor may elect to implement The Calendar Days
Contractor shall ultimately be responsible for submittal of a detailed construction
schedule to the AlE for review and approval.
LIQUIDATED DAMAGES
If the work is not completed in accordance with the Contract, the Contractor will be
assessed liquidated damages listed below for each calendar day the work overruns the
allotted contract time.
NOTICE TO PROCEED
LIQUIDATED DAMAGES
Notice to Proceed
(Permit)
None (no on-site construction) activity is being
accomplished this time.
Notice to Proceed
(Construction)
Terminal Rehabilitation (Custom Building -
Replace Handrails):
If the Contractor fails to achieve final completion
within the 45 calendar days fixed therefore by the
Engineer in its partial certificate of substantial
completion, the Contractor shall pay the owner
the sum of $500.00 per day, thereafter for each
and every calendar day of unexcused delay in
achieving final completion beyond the date set
forth herein for final completion of the work.
IV-24
SPECIAL PROVISION NO.4
PROTECTION OF AIRPORT CABLES. CONTROLS. NAVAIDS
AND WEATHER BUREAU FACILITIES
A. The Contractor is hereby informed that there may be installed on the Airport FAA
NAVAIDS including, without limitation, airfield lighting systems, electric cables
and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other
facilities and electric cables must be fully protected during the entire construction
time. Work under this contract can be accomplished in the vicinity of these
facilities and cables only at approved periods of time.
Approval is subject to withdrawal at any time because of change in the weather,
emergency conditions on the existing airfield areas, anticipation of emergency
conditions, and for any other reason determined by the Resident Project
Representative (RPR) acting under the orders and instructions of the airport
management and the designated FAA representative. Any instructions to this
contractor to clear any given area at any time by the RPR or the Airport
Management shall be immediately executed. Construction work will be
commenced in the cleared area only when additional instructions are issued by
the Engineer.
B. Power and control cables leading to and from any FAA NAVAIDS and other
facilities have been located and shown from best available information and are
approximate. The Contractor shall verify actual locations. Through the entire
time of this construction, the Contractor shall not allow any construction
equipment to cross power and control cables leading to and from any FAA
NAVAIDS or other facilities without first protecting the cable with steel boiler
plate, or similar structural devices, on three (3') feet either side of the marked
cable route. All excavation within three (3') feet of existing cables shall be
accomplished by hand digging only.
C. This Special Provision intends to make perfectly clear the need for protection of
FAA NAVAl DS and other facilities and cables by this contractor at all times.
D. The Contractor shall immediately repair, at his own expense, with identical
material by skilled workmen, any underground cables serving FAA NAVAIDS and
other airport facilities, which are damaged by his workmen, equipment, or work.
Prior approval of the FAA must be obtained for the materials, workmen, time of
day or night, method of repairs, and for any temporary or permanent repairs the
Contractor proposed to make to any FAA NAVAIDS and facilities damaged by
the Contractor. Prior approval of the Engineer must be obtained for the
materials, workmen, time of day or night, and for the method of repairs for any
temporary or permanent repairs the Contractor proposes to make to any other
airport facilities and cables damaged by this Contractor. If any repair requires
IV-25
splicing, it shall be spliced at the direction of the Engineer. No work shall be
backfilled or covered prior to approval by the Engineer.
E. The Contractor shall have a sufficient supply of extra cable, connectors, splice
kits and light fixtures on site to temporarily jump around damaged or cut cables
and fixtures if necessary to make the existing runway/taxiway/NAVAIDS systems
operational during scheduled aircraft operation periods.
IV-26
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 (RPR). The R.PR's
Inspector's duties and responsibilities are to:
a. Monitor performance of the Contractor; require correction of work that
does not meet plans and specifications; and report serious problems to
the Engineer and Owner.
b. Determine test sites/locations, coordinate and supervise testing.
c. Interpret plans and specification details.
d. Resolve minor construction problems.
e. Maintain project records.
f. Review and approve requests for payment to the Contractor.
g. Conduct day-to-day construction observations.
h. Maintain a project diary on a daily basis.
I. Maintain up-to-date records on quantities of work performed and
quantities of materials in place.
j. Contact Engineer for advice and assistance when needed and when major
problems arise.
k. Recommend to the Engineer when a Change Order or Supplemental
Agreement is required.
3. OFFICE. See Special Provision NO.8 for Resident Engineer's (RPR) Office.
IV-27
SPECIAL PROVISION NO.6
SAFETY AND SECURITY REQUIREMENTS
This section does not applv
IV-28
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.
DescriDtion
REFER TO TECHNICAL SPECIFICATIONS SECTION
IV-29
SPECIAL PROVISION NO.8
RESIDENT ENGINEER'S (RPR) OFFICE
This section does not apply
IV-3D
SPECIAL PROVISION NO.9
TEMPORARY FACILITIES
1. GENERAL DEFINITIONS
A. This section specifies certain minimum temporary facilities to be provided
regardless of methods and means selected for performance of the work
but not by way of limitation and not assured for compliance with governing
regulations. Use of alternate temporary facilities may be permitted subject
to the Engineer's and Owner's approval and acceptance.
B. Energy Considerations: Administer the use of temporary facilities in a
manner which conserves energy but without delaying work or endangering
persons or property; comply with reasonable requests by the Engineer
and Owner.
C. Costs: Except as otherwise indicated, costs associated with temporary
facilities are the Contractor's. Temporary facilities remain the property and
responsibility of the Contractor.
D. Dust Control: Adequate measures shall be taken to prevent the transfer of
dust to other areas of the airport complex.
E. Noise Control: Where work is being conducted in or adjacent to occupied
areas, the Contractor shall make every effort to keep construction noise to
a minimum.
F. Fire Protection: In addition to temporary water service for construction
and the placing of permanent fire protection facilities in operating condition
at earliest feasible date, provide fire extinguishers of types and sizes
recommended by NFPA or any other governing authority or agency.
Provide Type A extinguishers in field offices and for similar exposures,
Type ABC in construction areas. Locate extinguishers near each
entrance. Prohibit smoking except in marked, non-hazardous areas.
Smoking in existing premises is prohibited.
G. Environmental Protection: Review exposure to possible environmental
problems with the Engineer and Owner. Establish procedures and
discipline among tradesmen and provide needed facilities which will
protect against environmental problems (pollution of air, water and soil,
excessive noise and similar problems).
IV-31
2. TEMPORARY PROTECTION
Provide facilities and services as necessary to effectively protect project from
losses and persons from injury during the course of construction.
The existing utilities shall not be modified for use by the Contractor. Do not
interrupt existing services serving occupied or used facilities except when
authorized in writing by the Owner. Provide temporary services during
interruptions to existing utilities as acceptable to the Owner.
The Contractor shall furnish electrical and water utilities as required and provide
temporary power, telephone and system connections where required by the
Owner to continue operation of existing equipment or systems during
construction.
3. TEMPORARY STAGING/STORAGE AREAS
A. The Contractor may provide a trailer or prototype building field office for
his own use. The location of the field office or building must be approved
by the Engineer and Owner. All costs for connection to utilities shall be
paid for by the Contractor. Water, electric and telephone will be available
on site.
Equipment not in use during construction, nights and/or holidays shall be
parked in areas designated by the Engineer and Owner. Construction
workers' private vehicles shall be parked within the areas.
B. During construction, the Contractor shall maintain these areas in a neat
condition.
The Contractor's vehicles, equipment and materials shall be stored in the
areas designated by the Engineer. Upon completion of the work, the
staging and storage areas shall be cleaned up and returned to their
original condition to the satisfaction of the Owner. Remove all construction
fencing and barricades from the project site. No special payment will be
made for clean-up and restoration of the storage area.
Personal vehicles will not be permitted beyond the Contractor's parking
area. Drivers of vehicles being operated beyond this area shall be subject
to loss of permission to enter the construction site.
C. If additional storage areas are needed, the Contractor may request it from
the Engineer. The request will be reviewed on the basis of what is to be
stored and the area needed. The Contractor shall provide any necessary
fencing and/or security.
IV-32
4. TEMPORARY CONSTRUCTION FACILITIES
A. Access to the work area: Contractor shall provide access to the Work
Area (Means and Methods) prior to construction. This access shall comply
with all governing regulations. Contractor shall obtain a specific permit for
this temporary access if it is required by any regulatory agency. The cost
of the access with all associated permits are the Contractor's
responsibility.
B. De-watering: Maintain construction work free of water accumulation. Do
not endanger the work or adjacent properties.
C. Miscellaneous Facilities: Provide miscellaneous facilities as needed
including ladders, runways, shoring, scaffolding, railing, bracing, barriers,
closures, platforms, temporary partitions and similar items.
5. TEMPORARY SUPPORT FACILITIES
A. General: Provide facilities and services as may be needed to properly
support the primary construction process and meet governing regulations.
B. Drinking Water: Provide either pipe-connected potable water fountains or
electric cooled bottled water fountains or insulated potable water
containers in work areas spaced so that personnel at the site will travel no
more than 300 feet.
C. Toilets: Furnish adequate temporary sanitary facilities within the
Contractor's staging and storage areas located on the drawings for the
use of workmen during the entire period of construction. Temporary
facilities shall be furnished at a minimum ratio of one toilet for each 25
workmen or as required by local governing code, whichever is greater.
The toilets shall be portable, chemical type or water-borne type connected
to an approved existing sanitary sewer.
Toilets shall be placed or installed in conformity with local governing code
requirements and shall be enclosed in a weather-tight, fly-proof building
with a self-closing door. The building shall be tied down to prevent
overturning by wind. Provide standard, roll-type toilet paper holder and a
supply of standard, roll-type toilet tissue.
The premises shall be thoroughly disinfected at least twice each week.
Provide means for locking the door from the outside and keep locked at all
times except during hours that workmen are at the project site.
IV-33
6. TEMPORARY UTILITY SERVICES
A. The Contractor shall coordinate the requirements for temporary utilities
with the Owner and shall install at the Contractor's expense all necessary
utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur
during installation or use, the Contractor shall immediately notify the
appropriate utility personnel and promptly repair the utility so as to keep
disruption of service to a minimum.
B. The Contractor shall provide temporary wiring if required. All wiring shall
meet all safety requirements of the National Electrical Code, Florida
Department of Commerce, Bureau of Workmens' Compensation or local
requirements. In addition, all wire shall be so sized that it is not
overloaded according to the National Electrical Code and all wire used
shall be fused to adequately protect that wire according to the Code
referred to.
C. The Contractor shall provide all temporary lines and connections from
existing sources of water as required for the work. The Contractor is
responsible for proper drainage of water used.
D. The Contractor shall furnish all temporary wiring, piping connections and
other apparatus that is needed to operate the utilities and shall remove all
evidence of same when work is complete.
E. The Contractor is responsible for obtaining and paying for all utilities that
he requires at the project site.
7. STAGING. STOCKPILE AND SPOIL AREAS
The staging area( s) depicted on the plans shall be used to house the
Contractor's and Resident Project Representative Inspector's offices and to store
all idle equipment, supplies and construction materials (other than bulk materials
such as aggregate, sand and soil).
The Contractor may erect and maintain throughout the life of this contract, at his
expense, a six-foot high fence of chain link fabric around the perimeter of each
staging area used. He may also install vehicle and pedestrian gates as
necessary to provide adequate ingress/egress.
Additionally, the perimeter of any staging area which abuts an active operation
pavement shall be marked with red flashing barricades no more than 50 feet
apart.
Upon completion of all work, remove all construction fencing and barricades from
the project site.
IV-34
The Contractor's vehicles, equipment and materials shall be stored in the area
designated on the plans. Upon completion of the work, the storage area shall be
cleaned up and retumed 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.
IV-35
SPECIAL PROVISION NO. 10
DEWATERING
Dewatering operations and any permits necessary to complete any portion of this
project, including, but not limited to, trench excavation, backfill, installation of edge light
fixtures, junction boxes, conduit and the installation of new cables in existing ducts shall
be considered incidental to the bid item for which de-watering may be necessary.
No separate payment will be made for the cost of dewatering.
IV-36
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 (\arg~ scale detail drawings over smaller scale general drawings)
IV-37
SPECIAL PROVISION NO. 12
FINAL PAY REQUESTS AND RELATED FORMS
In addition to the requirements for payments (Partial and Final) stipulated in General
Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT and in Special
Provision No. 1 PROJECT GENERAL REQUIREMENTS Section 25 (Division IV).
All pay requests shall be prepared by the Contractor within the time frames stipulated in
the County Procedures unless otherwise approved by the Engineer and Owner.
Pay Requests and related forms shall be submitted in one (1) original and one (1) copy
to the Engineer, unless otherwise instructed by him. Contractor shall use Monroe
County Application for Payment form (see attachment), and shall provide related forms
from the American Institute of Architects, such as:
· Change Order (Form G-701)
· Certificate of Substantial Completion (Form G-704)
· Contractor's Affidavit of Payment of Debts and Claims (Form G-706)
· Contractor's Affidavit of Release of Liens (Form G-706A)
· Consent of Surety to Final Payment (Form G-707)
IV-38
ATTACHMENTS
IV-39
APPLICATION
FOR PAYMENT
FORM
IV-40
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Atlantic Metals Welding & fabrication Co.
ENDORSEMENT 110.: 5 Equipment List for Project
ISSUPD TO: ATLMTIC IETALS
POLICY .-at: 583-22-61
EFfeCTIVE DATE: 0612912004
IN IDISIDERATICII OF AI ADDITIONAL PRO RATA PRBlllII OF!!!L.. IT IS UllDERSTOOD All) AGREED THAT THE FOlLOWING
MISCELLAllEOOS ndH:RTY FLOlTER IS HEREBY ADDED TO THIS POLICY':
MISCELLAIIEClIS PROPERTY FUMTER
1. ~TY J-_I:ft: This sectian of the policy i...... the foU...i.. scheduled property of the I""". or
the property of others for ..dch the I..... is Lieble. within the fortyooefght (41) cantiguaus states of the
lmited States of "-rica. The Distrfct of Col".a ... the D_nfon of c:en.ct.:
ITEM DESCRIPTICII
NIIIIT OF
IN-.cE
1. MiaeeU..... tools ... ..,i~. the praperty of
the I....... not to exceed an -.tt of insunnce
of .1,000. ~ one it~...............................S7.aoo.
2. 55 Tal 1~......................................I6.437.
3. SYICIIGIMlIE 250 TIGIlI~ 1I/PULSEIl......................I3.122.
4. RILLEIRITIC 25' V/METEIS...............................S1.133.
5. MAXSTAR 150 STR. TIG STICK.............................S1.159.
6. MILLEI SUITCASE 12 VOLT SEIlS V11lE FEEDER V,......... ..S1 .500.
7. MILLER TRAILBLAZER 301 V/UIAI GEI......................I3.265.
8. MILLER TRAILBUZER ATTACIIEIITS/COOLAIIT SYSTEII..........S2.765.
9. IIDUSTRIAL METAL BAlD ~ (USED).......................S1.5OD.
10. CORE DRILL 1IACI........................................S2.309.
12. OIYGEI & ACETTLEIE TAlKS & TORCI.......................$1.000.
13. 1. CIICI' SAY. CIRaILAR SAWS. 6R11IM!RS................. .$1.200.
11. OFFICE aIITEIITS LOCATED AT 6!25 1ST ST .,9 KEY lEST FL.SS.OOO.
18. forklift has been added
2. PIlClPERTY EXCIIIDED:
e. Aircnft. _tercreft (includi.. .mars. ........,t. Md Kctal..i..). ~..mil... trucks. trailers.
seIIi-trei l.... and ,.." other wIIieles C;ncludi.. pIIrb ... lICe.8th-f_ therefore) .....ich ere both
deaigned and licensed for hi~ use;
b. Pl_. blueprints. -.chanical ...i.,.,., desf.... or speclficatl_;
e. Prcperty .....1 le loened, teesed or rented to others. or pouessfan of ....Ich has been t....ferred to
others pLII'SUMt to any fOl'8 of agr~ of sale;
d. Buildfngs. sheds. or any other real property; ~. sand. gravel. earthen fill. building
_terlals or ~lies of any kind;
e. Property .....ile airborne;
f. Property .....ile In cofferct.s or .....ile being used in strip or &nfergMKni .ining. twlneling. or si.itar
aperetians. W'ltess specifically endorsed hereon;
3. PERILS 11ISUIED: This section of the policy insures agai...t all rfsks of direct .physlcal loss of or d-..e to the
praperty schemled herein, fr_,.." extemet CM.Be, except as provided elsellhere in this sectian of the policy.
4. PERILS EXCLII)ED: This sectian of the pol icy does not insure against:
a. Loss or ct.8ge occasioned by the ...ight of the load exceeding the. lifting capacity of any -.chine:
b. Wear. tear. gr__l deterioratian. i""erent vice. latent defect, insecta. .,.-.in. cII8iplesa of
amosphere, ice. freezing, extr... of tlllpl!retures. -.:h8nical or electrical brnkclown or failure,
W'lless such cB8ge is the result Of other peri l insured by this sectian of the pol icy;
Duane and Susan Kahn
. Atlantic Metals Welding and Manufacturing Co.
Statement of Revenue and Expenses -Income Tax Basis
For the Nine months endinG September 30, 2004
Revenlle
SIIIes
Total Rewnue
225,310.1.
225,310.14
Cost _ Goods SaId
.......
~
Total ec.t of GDCIdS Sold
59.305.00
18,701UJO
71,014.00
GtaSII PnIIit
147.291.1.
ExpenM
AIMNIiwi....
1.1150.00
2,St5.1Z
8,734.86
1M1.lJO
U8".lJO
1.755.lJO
375.lJO
I,SID.lJO
412.21
1.8C1O.lJO
1,1C11.11O
zt,7S2J19
.........
.......... . WCldlmlIn"s CaIap.
UmI_..... ........
..11.......... ......__
0Iiae~1~
Po ...........
.....
..... - eq.;tp....le8Iing
Tellp"O".
.....
TGCId E....-
Net .......
117,5G.fS
i
I
i
I
I
See ACcounIant's CompilatiDn Report.
2
Duane and Susan Kahn
. Atlantic Metals Welding and Manufacturing Co.
Statement of Assets, Liabilities and Proprietor Capital - Income Tax Basis
As of September 30,2004
ASSETS
c..r.nt A8IIlIts
c.h . DtIer.IIIng -ICFCU
4.818.74
TaIIII cwnmt Aaets
.,818.74
FlDdAaef$
Eq.........
Less:~DepI~
ToIlII ......... AsseIw
37.154.57
(10.732.00)
2&.422..57
0IIIer~
8ecuritr ......
TataI oa.r AaeIII
8I3.2D
88UO
TOTAL ASSETS
31.702.&1
UAIIIUTIES & EQUITY
UaItIIIIes
Short T.... u.IIIIties
-. .......
T'" SIIDIt T..... u..-
2.Za1M
2,23UI
Long Term L.i liIiJa..
...... .........
Teal ..... T.... I ~
4.250.30
4.2S0.30
Tot.II UablHIes
8,481.71
,........... C8pIIaI
p~ 0.-
Net .......
T..~~I
(92.322..42)
117.543.15
2&,220.73
TOTAL LIABILITIES a PROPRIETOR CAPITAL
31.7DI.I'I
a.. Ac:c:ountant's Compllallon Report.
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Key West International Airport
Monroe County, Florida
TECHNICAL SPECIFICATIONS
Terminal Rehabilitation
(Custom Building - Replace Handrails)
URS Corporation Southern
November 2004
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
TERMINAL REHABILITAION
(CUSTOM BUILDING - REPLACE HANDRAILS)
SECTION
STANDARD TITLE
DOCUMENT PAGES
P-101
FDOT Mobilization
P-lOl-l
05720
Aluminum handrails and railings
(sketchs)
05720-1 thru 05720-7
TC-I
ITEM P-IOI
MOBILIZA TION
DESCRIPTION
101-1.1 The work specified in this item shall consist of the preparatory work and operations in
mobilizing for beginning work on the Project, including, but not limited to, those operations necessary for
the movement of personnel, equipment, supplies and incidentals to the Project Site, and for the
establishment of temporary offices, building facilities, utilities, safety equipment and first aid supplies,
sanitary and other facilities, as required by these Specifications, and State and local laws and regulations.
The costs of bonds and anyrequired insurance and otherpreconstruction expense necessary for the start
of the work, excluding the cost of construction materials, shall also be included in this Section.
METHOD OF. MEASUREMENT
101-2.1 . .~easurernent of Mobilization for payment shall be. the work under this Section completed in
accordance with the Plans and these Specifications.
BASIS OF PAYMENT
101-3.1. .. Paymentfor:theworkmeasured as described sballbe made at the contracilumpsum price for
MobilizationwhicllpIice-and.payriienf shall be full compenSation for mobilizing. for~ginning work on
the project,. fumisliliig all materials,equiPmeiit~ labor, proCesses, tools and incidental costs required to
complete the work under this Section for the Item of Mobilization.
Payment shall be made under:
ItemP-IOr':3.1. '. MobiliUtion-per1ump sum
101-3.2 P AR,TIALPAYMENTS. · Partial Payments. on the contract lump sum price for Mobilization
wiUbemadeiri accordance with the following schedule during the progress of constnictior: on this
project
% of Original
Contract Amount
Earned
5%
10%
25%
50%
Allowable %
of the Lump Sum
Price For Mobilization
25%
50%
75%
100%
Partial payments for any project will be limited to ten percent (10%) of the original Contract amount for
that project. Any remaining amount will be paid upon completion of all work on the Project.
The standard retainage, as herein specified will be applied to these allowances. Partial payments made on
this item shall in no way act to preclude or limit any of the provisions for partial payments otherwise
provided for by the Contract.
END OF ITEM P-IOI
Key West International Airport
P-IOI-I
November 2004
Tenninal Rehabilitation
(Custom Building-Replace Handrails)
SECTION 05720
ALUMINUM HANDRAILS AND RAILINGS
1. GENERAL
1.1 Related Documents
A. Architectural Drawings
1.2 Summary
A. This section includes furnishing and installing all Aluminum Handrails and Guardrails as
indicated on drawings and includes Miscellaneous Aluminum Handrails.
1.3 System performance requirements
A. General: In engineering handrail and railing systems to withstand structural loads
indicated determine allowable design working stresses of railing materials based on the
following:
1. For Aluminum: The Aluminum Association's specification for Aluminum
Structures.
B. Structural Performance of Handrails and Railing Systems: Engineer, fabricate, and install
handrails and railing systems to withstand the following structural loads without exceeding the
allowable design working stress of the materials for handrails, railing systems, anchors, and
connections. Apply each load to produce the maximum stress in each of the respective
components comprising handrails and railing systems.
1. Top Rail oiGuardrail Syc:.tem<;: Cgpable of,.,.;thstanding the following loads as
applied as indicated:
a. Concentrated load of 200 lb applied at any point and in any direction.
b. Uniform load of 50 lb per linear ft applied horizontally and concurrently
with uniform load of lOO lb per linear ft applied vertically downward.
c. Concentrated load need not be assumed to act concurrently with uniform
loads.
2. Handrails Not Serving as Top Rails: Capable of withstanding the following loads
applied as indicated:
a. Concentrated load of 200 lb applied at any point and in any direction.
b. Uniform load of 50 lb per linear ft applied in any direction.
c. Concentrated and uniform loads need not be assumed to act concurrently.
Key West International Airport
Section 05720-1
November 2004
Terminal Rehabilitation (Custom Building _
Replace Handrails)
3. Infill Area of Guardrail Systems: Capable of withstanding a horizontal
concentrated load of 200 lb applied to one sq ft at any point in the system.
a. Above load need not be assumed to act concurrently with loads on top
rails of railing systems in determining stress on guard.
C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating
metals and other materials from direct contact with incompatible materials.
D. Thermal Movements: Allow for thermal movement resulting from the following
maximum change (range) in ambient temperature in the design, fabrication, and installation of
handrails and railings to prevent bucking, opening up of joints, overstressing of components,
connections and other detrimental effects. Base design calculation on actual surface temperatures
of materials due to both solar heat gain and nighttime sky heat loss.
1. Temperature Change (Range): 100 deg F ambient; 150 deg F material surfaces.
1.4 Submittals
A. Product Data for each type of product specified.
B. Shop drawings showing Welding, Fabrication and Installation of handrails including all
plans, typical elevations, sections, details of components, and attachment to other units of work.
1. . Where installed products are indicated to comply with certain design loadings,
include structural computations, material properties and other information needed
for structural analysis review by the design architect and/or engineer of records.
2. Submit four (4) prints of all shop drawing product data. Also submit calculations
if specifically requested by architect.
C. Samples for initial selection purposes in the form of manufacturers color chart showing
full range of colors available from factories standards: Or for custom color request minimum 2" x
2" color ship from customer for color matching purposes. Then submit at least 2 chips of color
match for approval by architect or owner.
D. Submit at least 2 - 6" long samples of the top rail when its shape is other than standard
rounds, squares or rectangles and when specifically requested by architect.
1.5 Quality assurance
A. Single Source Responsibility: Obtain handrails and railing systems from a single
fabricator/manufacturer.
B. Engineering Responsibility: Engineer handrailing and railing systems by the
fabricator/manufacturer unless sizes and configurations are specifically called out on
architect/engineer drawings.
Key West International Airport
Section 05720-2
November 2004
Terminal Rehabilitation (Custom Building _
Replace Handrails)
1.6 Storage
A. Store handrails and railing systems in clean, dry location, away from uncured concrete
and masonry, protected against damage.
1. 7 Project conditions
A. Field Measurements: Where handrails and railings are indicated to fit to other
construction, check actual dimensions of other construction by accurate field measurements
before fabrication, show recorded measurements on final shop drawings. Coordinate fabrication
schedule with construction progress to avoid delay of work.
1. Where field measurements cannot be made without delaying the work, obtain
guaranteed dimensions in writing and proceed with fabrication of products
without field measurements if specifically requested to do so by architect.
2. PRODUCTS
2.1 Manufacturers/fabricators
A. Alumatec Industries, Inc.
529 Orange Avenue
Daytona Beach, FL 32114
Phone: 386-255-1566
Fax: 386-255-1558
B. Other
2.2 Metals
A. Aluminum: Alloy and temper recommended by aluminum producer and finisher for type
of use and finish indicated, with not less than the strength and durability properties of the alloy
and temper designated below for each aluminum form required:
1. Structural extrusions such as posts shall be 6061- T6 or
6005-T5 AlloyfTemper, or approved equal
2. All other extrusions such as Top rail #81, Pickets #54, Midrail #42-1 ",
Bottom Rail #46 and Post #37 A shall be at least 6063-T5, or approved equal
3. Castings: To be high quality prime material or materials remelted
from prime extrusion
2.3 Grout and anchoring cement
A. Nonshrink, Nonmetallic Grout: Premixed, factory packaged, nonstaining, noncorrosive,
nongaseous grout complying with CE CRD-C 621. Provide grout specifically recommended by
manufacturer for interior and exterior applications of type specified in this Section.
B. Erosion-Resistant Anchoring Cement: Factory-prepackaged, nonshrink, nonstaining, high
strength cement formulation for mixing with water at project site to create pourable anchoring,
patching and grouting compound. Provide formulation that is resistant to erosion from water
Key West International Airport Section 05720-3 November 2004
Terminal Rehabilitation (Custom Building-
Replace Handrails)
exposure or provide a sealer or waterproof coating recommended for exterior use by
manufacturer to be applied by the installer or other qualified contractor or subcontractor.
2.4 Welding materials, fasteners, and anchors
A. Welding Electrodes and Filler/Metal: Provide type and alloy of filler metal and electrodes
as recommended by producer of metal to be welded and as required for color match, strength, and
compatibility in fabricated items.
B. Fasteners for Anchoring Railings to Other Construction: Provide stainless steel fasteners
of the type, grade, and class required to produce connections that are suitable for anchoring
railing to other types of construction indicated and capable of withstanding design loadings.
C. Fasteners for Interconnecting Railing Components: Use stainless steel fasteners. Do not
use metals that are corrosive or incompatible with materials joined.
2.5 Fabrication
A. General: Fabricate handrails and railing systems to comply with requirements indicated
for design, dimensions, details, finish, and member sizes, including wall thickness of hollow
members, post spacings, and anchorage, but not less than those required to support structural
loads.
B. Pre-assemble railing systems in shop to greatest extent possible to minimize field splicing
and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly
mark units for field assembly and coordinated installation. Use connections that maintain
structural value of joined pieces.
C. Assembly shall be in a neat workmanlike manner using M.I.G. or T.I.G. Welding
Processes as required. Horizontal Channels shall be punched to receive pickets and welds in this
application shall be concealed from view.
1. Channels to receive a snap cover only when specifically required and noted on
drawings.
2. All Posts shall be structurally welded to Top Rail and Mid and Lower Horizontal
Members to assure fixed fastening for the life of the rail.
3. Corners shall be hairline fitted by mitre and further welded as required to obtain
maximum assurance of strength through the railing's useful life.
4. All splices shall be accomplished by butting one Top Rail to the next with a
structural sleeve insert extending from one Top Rail to the next and further
secured by means of a Stainless Steel, Aluminum or other proper screw and pop-
rivet.
Note: Butt splices to be either hairline fitted or properly gapped to provide for proper
expansion and contraction movement. For expansion joints be sure that only one
side of the sleeve insert is fastened to the top rail.
5. End connections required to fasten to the building structure require either a
welded end clip or a separate slide clip.
Key West International Airport
Section 05720-4
November 2004
Terminal Rehabilitation (Custom Building -
Replace Handrails)
6. Provide weep holes when necessary to drain closed sections from pretreatment
immersion and sprays also for moisture from condensation to escape.
2.6 Aluminum finishes
A. All aluminum railings to receive a baked-on painted finish over full pretreatment.
B. Pretreatment Process: A multi-stage pretreatment process is required prior to shop
painting.
1. The railing shall be dipped or sprayed in a concentrated alkaline cleaner then
rinsed in clear water. This process provides cleaning, degreasing and deep
etching on the surface.
2. The product shall then be dipped or sprayed in a concentrated acidic treatment to
deoxidize, desmut and neutralize the surface then rinsed in clear water.
3. The product shall then be dipped or sprayed in an acidic conversion coating to act
as a bonding coating for paint adhesion.
4. The product must be completely dried before painting.
C. Painting
1. The final coating for aluminum shall be thermosetting KYNAR 500
Fluoropolymer Resin Coating 70% with inhibitive flash primer or approved equal
over conversion coating. Paint shall be baked to at least 450oF. and shall meet or
exceed A.A.M.A. specifications.
3. EXECUTION
3.1 Preparation
A. Coordinate setting drawings, diagrams, templates, instructions, and directions for
installation of anchorages, such as sleeves, concrete inserts, anchor bolts, and miscellaneous items
having integral anchors, that are to be embedded in concrete as masonry construction. Coordinate
delivery of such items to project site.
3.2 Installation - general
A. Fit exposed connections accurately together to form tight, hairline joints, except as
required for expansion.
B. Cutting, Fitting and Placement: Perform cutting, drilling and fitting required for
installation of handrails and railings. Set handrails and railings accurately in location, alignment,
and elevation, measured from established lines and levels and free from rack.
1. Set posts plumb within a tolerance of 1/16" to 12".
2. Align rails so that variations from level from horizontal members and from
parallel with rake steps and ramps for sloping members do not exceed 1/32" in
12".
Key West International Airport
Section 05720-5
November 2004
Tenninal Rehabilitation (Custom Building -
Replace Handrails)
C. Corrosion Protection: Coat concealed surfaces of aluminum that will come into contact
with grout, concrete, masonry, wood, or dissimilar metals with a heavy coat of paint or epoxy.
D. Fastening to In-Place Construction: Provide anchorage devices and fasteners where
necessary for securing handrails and railings to in-place construction.
3.3 Anchoring posts
A. Anchor post in concrete by means of preset sleeves into concrete. After posts have been
inserted into sleeves, fill space between post and sleeve solid with the following anchoring
material, mixed and placed to comply with anchoring material manufacturer's directions.
B. Anchor posts in concrete by core drilling holes not less than 3" deep and I" greater than
outside diameter of post. Clean holes of all loose material, insert posts, and fill space between
post and concrete with the following anchoring material, mixed and placed to comply with
anchoring material manufacturer's directions.
1. Nonshrink, nonmetallic grout.
2. Nonshrink, nonmetallic grout or anchoring cement.
C. Leave anchoring material down approximately V2" to allow for final topping with a
waterproof material matching the surrounding areas. Whenever possible fill hole with waterproof
topping slightly higher than the adjacent surfaces and taper away from the post.
3.4 Cleaning, protection and touch-up painting
A. On delivery all railing will have protective cover over cap only. Immediately upon
completion of installation of railing install shall remove cap cover and clean all work for
inspection and approval.
B. _ \ftr r in ,tLllat1o' \ t~1e G 'nt ral ContLl.COr 5halll e r sJons:'Jle fOl FO e~.:in,; the railings
during the balance of construction.
C. Painted aluminum surfaces shall be cleaned with plain water containing a mild soap or
detergent. No abrasive agents or harsh chemicals are to be used.
Note: All railings require periodic maintenance. All railing surfaces require periodic washing
especially those subject to ocean salt air or harmful chemical environments. Waxing after
washing is recommended.
METHOD OF MEASUREMENT
4.1 Aluminum handrails will be measured for payment by linear foot.
BASIS OF PAYMENT
5.1 Payment for aluminum handrails and for handrail removal will be made at the contract unit price
per linear foot. The price shall be full compensation for furnishing all materials, and for all preparation,
erection, and installation of these materials, and for all labor equipment, tools, and incidentals necessary
to complete the item.
Key West International Airport
Section 05720-6
November 2004
Terminal Rehabilitation (Custom Building -
Replace Handrails)
Payment will be made under:
Item 05720-5.1.1
Item 05720-5.1.2
Item 05720-5.1.3
Item 05720-5.1.4
Removal of existing handrail on walls ........................ per linear foot
Removal of existing handrail on floor......................... per linear foot
Furnish and install aluminum handrail
on walls, complete in place ......................................... per linear foot
Furnish and install aluminum handrail
on floor, complete in place .......................................... per linear foot
END OF SECTION 05720
Key West International Airport
Section 05720-7
November 2004
Terminal Rehabilitation (Custom Building -
Replace Handrails)
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"--
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
03/10/2005
PRODUCER (305)294-4494 FAX (305)294-0772 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Keys Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
805 Peacock Plaza HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Key West, FL 33040
INSURERS AFFORDING COVERAGE NAIC#
INSURED Atlantic Metals INSURER A: Great American Ins. Co.
5642 3rd Avenue INSURER B:
Key West, FL 33040 INSURER c:
INSURER D:
INSURER E:
r.nVERAr.E~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY OMH5832261 09/10/2004 09/10/2005 EACH OCCURRENCE $ l,OOO,OO(J
l-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,OO(J
"1 CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 2,50(J
A PERSONAL & ADV INJURY $ 1,000,000
- 2,000,000
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000
I .nPRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON.OWNED AUTOS
I.-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
~ ANY AUTO A P P r\ ~\f{~ \) <P1). ,13t<: 1v~NP.GE~ ENT OTHER THAN EA ACC $
I" '. AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY 8 Y __.~ I_~~ ~--. ~--_._. EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE DATE_--..~g ~ AGGREGATE $
$
R DEDUCTIBLE WAIVER NIP ....._..~__ YES- - $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I 10J~'
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR!PARTNER!EXECUTIVE
OFFICER!MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes. describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is also added as an additional insured as respects General Liability
nE:D I AT'^I.' /i
'~"~_~~M~O~~'~jf~
EXPIRATION DATE THEREOF, THE ISSUING I URER WILL END 0 MAIL
The Monroe County Board of County ~ DAYS WRITTEN NOTICE TO THE RTIFICA HOLDE E 0 THE LEFT,
COlll1lissioners, it's employees and officials BUT FAILURE TO MAIL SUCH NOTICE S L OSE 0.9JK I 10 OR LIABILITY
PO Box 1026 OF ANY KIND UPON THE INSURER, IT S O~EPRESI! AT ES.
Key West, FL 33040 AUTHORIZED REPRESENT~~U ~~
F. Haaer 0063 9
ACORD 25 2001/08 I @ACORD ie1RPORA TION 1988
Date
ACORD TM CERTIFICATE OF LIABILITY INSURANCE 1/31/05
Producer: Lion Insurance Company This Certificate Is Issued as a matblr of Information only and confers no rights
2739 U.S. Highway 19 N. upon the CertIficate Holder. This Certificate does not amend, extend or alter
Holiday, FL 34691 the cove...ge afforded by the policies below.
Phone: 727-938-5562 Fax: 727-937-2138
Insurers Affording Coverage NAIC #
Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company
2739 U.S. Hilihway 19 N. Insurer B:
Holiday, FL 34691 Insurer C:
Phone : (727)938-5562 Insurer 0:
Insurer E:
Coverages
The policies of insurance ~sted bolow have been issued to the inSlred named above for the poky period indicated. Notwithstandlng any reQUirement, term cr condition of a-oy corlract or olher document with
respect to which this certificate may be Issued or may pertain, the insurance afforded by tho policies described herein is subject to aR the t....ms, elCUsions, and condbons of Such policies Aggregate limIts
shown may have been reduced by P8ld claims.
INSR ADDL Type of Insurance Policy Number Policy Effective PoHcy Expiration DlIte Limits
LTR INSRD DlIte
(MMIDDIYV) (MMIDDIYV)
~NERAL LIABILITY ElICh Occurrence
OmmerCial General Liability Damage to rented preml ses (EA
~ . 0
_ Claims Made Occur OCCL<Tence I
- Mad Exp
- Personal Adv Injury $
General aggregate limit appties per:
:::J Policy o PrOject 0 General Aggregate 1$
LOC
Products - ComplOp Agg b
AUTOMOBILE LIABILITY Combined Single Limit
- (EA Accident)
My Auto
- Bodily Injury
All Owned Autos $
~ (Per Person)
SchedUled Autos
- Htred Autos Bodily Injury
- Non-Owned Autos (Per Accident) b
- Property Damage
(Per Accident)
GARAGE LIABILITY Auto Only - Ea AcCIdent
R My Auto other Than EA Acc $
Autos Only AGG
EXCESSIUMBRELLA LIABILITY Eacn Occurrence
- Occur o ClaIms Made Aggregate
-
DeducUble
I-
Retenb on
I-
A Workers Compensation and x I WC Statu- I I OTf-!-
WC 71949 01/0112005 0110112006 tory Limits ER
Employers' Liability
Any proprietor/partner/executive officer/member E.L. Each Accident $10(lt"IO(r(
excluded? E.L. Disease - Ea Employee $1(JOCiO(U.t
If Yes, describe under special provisions below.
E.L. Disease - Policy Limits $1000(J(11.1
Other 3459029
Atlantic Metals Welding & Fabrication C COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED, NOT TO SUBCONTRACTORS
DescriptIons of Operahons/LocahonsNehicles/ExcJusions added by EndorsementlSpeciaJ Provisions: ADD ON DATE: 3/16/04
COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF Atlantic Metals Welding & Fabrication
Co, Inc.' FAX: 305.561-4017I1SSUE 1-13-05 (PDC) /ISSUE: 1-31-05 (PDC)
CERTIFICATE HOLDER CANCELLATION
MONROE COUNTY Should any of the above described policies be cancelled before the expiration date therf:!of. th" Issurr.g
Insurer .....'n endea\r'Or to mail 30 days 'MItten nottce to the cert; fleate holder named to the left but falJui~ [~, <Il,
so shall Impose no obligatIon or liability of any kind upon the Insurer, Its agents or rl?presentatrvH
1100 SIMONIUN ST ~/---
KEY WEST FL 33040
~"'C'C'PD 2:, ' ":'.I~ ':1;.0::' R T 1, R~
~CORD CO PORA.IO'l .9.
Date
ACORD TM CERTIFICATE OF LIABILITY INSURANCE 4/11/05
Producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no
2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend, extend
Holiday, FL 34691 or alter the coverage afforded by the policies below.
Phone: 727-938-5562 Fax: 727-937-2138
Insurers Affording Coverage NAIC #
Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company 11075
2739 U.S. Highway 19 N, Insurer B:
Holiday, FL 34691 Insurer C:
Phone: (727)938-5562 Insurer D:
Insurer E:
Coverages
The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement. term or condition of any contract or other document
with respect to which this certificate may be issued or may pertain. the insurance afforded by the policies described herein is subject to all the terms. exclusions, and conditions of such policies. Aggregate
limits shown may have been reduced by paid claims.
INSR ADDL Type of Insurance Policy Number Policy Effective Policy Expiration Limits
LTR INSRD Date Date
(MM/DDNY) (MMIDDNY)
3ENERAL LIABILITY Each Occurrence
- Commercial General Liability Damage to rented premises (EA
: t:J Claims Made 0 Occur occurrence) $
- Med Exp $
- Personal Adv Injury !$
General aggregate limit applies per:
::J Policy o Project 0 General Aggregate
LOC
Products - ComplOp Agg
AUTOMOBILE LIABILITY Combined Single Limit
~ (EA Accident)
Any Auto
- ~~~)E:: 1 Bodily Injury
All Owned Autos i\i..'l roSG;
- (Per Person) $
Scheduled Autos
- Hired Autos ~')'l Bodily Injury
- Non-Owned Autos Of>.. !.f. ,J. .5:~2~-- (Per Accident) $
, -
- C ....-. ,-,
\f. " j r:~ ~~ ,_______ Properly Damage
""""ItTl' 1\1 " -'
(Per Accident) !$
GARAGE LIABILITY Auto Only - Ea Accident
~ Any Auto Other Than EA Acc.
Autos Only: AGG.
EXCESS/UMBRELLA LIABILITY Each Occurrence
- o Claims Made
Occur Aggregate
- Deductible
-
Retention
-
A Workers Compensation and X I ~C Statu- I I OTH-
WC 71949 01/0112005 01/01/2006 tory Limits ER
Employers' Liability
Any proprietor/partner/executive officer/member E.L. Each Accident $1000000
excluded? E.L. Disease - Ea Employee $1000000
If Yes, describe under special provisions below.
E.L. Disease - Policy Limits $1000000
Other 3459029
Atlantic Metals Welding & Fabrication COVERf'(3E APRLlES ONLY TO THOSE EMPLOYEES LEASED, NOT TO SUBCONTRACTORS.
Descriptions of Operations/Loc:atlons/Vehicles/Exclusions added by Endorsement/Special Provisions: ADD ON DATE: 3/16/04
COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF Atlantic Metals Welding &
Fabrication Co., Inc. . FAX: 305-293-1862 & 305-261-4017/ISSUE 3-8-05 (JOM) REISSUE 4/11/05 (JJG)
CERTIFICATE HOLDER CANCELLATION
MONORE COUNTY BOARDI MR .',1 IBFl.E:13 8U;IEFl.~I'!Z: ,.Red ~ Should any of the above described policies be cancelled before the expiration date thereof, the issuing
IV'''' AIJBRCA6 OLJTICR~I'!Z: ,I"E~ insurer will endeavor to mail 30 days written notice 10 the certificate holder named to the left, but failure to
do so shall il1llose no obligation or liability of any kind upon the insurer, its agents or representatives.
PO BOX 1026
KEY WEST FL 33040 L~
A<::O~D 25 ~~1I()fl)
p;
ACORD CORPORATION 1988