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Home My WebLink AboutCloseout ManualMUNICIPAL AIRPORT PROJECT CLOSEOUT BOOK AIRPORT DRIVE EAST EXTENSION SEBASTIAN MUNICIPAL AIRPORT Indian River County, Florida FAA AIP Project No: 3-12-0145-008-2008 FDOT Project No: FN 407706-1-94-01 Prepared by: THE LPA GROUP ====F—* TRANSPORTATION CONSULTANTS THE LPA GROUP INCORPORATED 615 Crescent Executive Court, Suite 200 Lake Mary, FL 32746 407-306-0200 / 407-306-0460 (Fax) Contact: Robert K. Hambrecht, P.E. (rhambrecht@Ipagroup.com) FL Corporate License No. 000430 C 9 PROJECT CLOSEOUT MANUAL AIRPORT DRIVE EAST TABLE OF CONTENTS 1. TABLE OF CONTENTS SE AST MUNICIPAL AIRPORT 2. PROJECT MANUAL & DRAWINGS (INCLUDING ANY ADDENDA) 3. COPY OF PERMITS AND ASSOCIATED DOCUMENTATION 4. ENGINEER'S REPORT & CALCULATIONS 5. BID TAB & LETTER OF RECOMMENDED AWARD 6. COPY OF ALL QUALITY ASSURANCE (CONSULTANT) 7. SHOP DRAWINGS LOG 8. INVOICES & AMENDMENTS FOR CONSULTANT 9. PAY ESTIMATES AND CHANGE ORDERS FOR CONTRACTOR 10. FINAL QUANTITIES, COST & PAY APPLICATION 11. CLOSE OUT DOCUMENTS A. Affidavit of Release of Lien B. Warranty for Water & Sewer C. Bill of Sale for Water & Sewer D. Punch List/Resolution ATTACHMENTS: 1. One (1) Full Size Set of Record Drawings 2. Record Drawings CD in PDF Format 3. Shop Drawings CD in PDF Format 4. Photo CD 0 PROJECT MANUAL for AIRPORT DRIVE EAST EXTENSION AT in w MUNICIPAL AIRPORT Owner: CITY OF SEBASTIAN ISSUED FOR CONSTRUCTION SEPTEMBER 2009 Prepared by: THE LPA GROUP TRANSPORTATION CONSULTANTS THE LPA GROUP INCORPORATED 615 Crescent Executive Court, Suite 200 Lake Mary, FL 32746 407-306-0200 / 407-306-0460 (Fax) Contact: Robert K. Hambrecht, P.E. (rhambrecht@Ipagroup.com) FL Corporate License No. 000430 • • CITY OF SEBASTIAN AIRPORT DRIVE EAST EXTENSION SEBASTIAN MUNICIPAL AIRPORT ADDENDUM # 1 DATE: June 30, 2009 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package — including all issued addenda. This Addendum is being sent to you via "e-mail". Should you have any questions pertaining to this Addendum, please contact Rob Hambrecht at 407.306.0200. ADDENDUM MESSAGE 1. This addendum message includes this page, and the attached page. Attachment Addendum 1 Revised ATTACHMENT 4 (BID BOND) No. Pages Description 1 Addendum text. 1 Revisions to Project Name. 2. Submitted to the City must also include this addenda page submitted & signed as acknowledgement of receipt of same. Receipt Acknowledged By, Bidders Signature Original Signed by Robert K. Hambrecht, P.E. Robert K. Hambrecht, P.E., Project Manager THE LPA GROUP INCORPORATED ADDENDUM #1 Firm Name CHANGES TO ATTACHMENT 4 (BID BOND) See attached revised ATTACHMENT 4 (BID BOND). Delete original ATTACHMENT 4 (BID BOND) in its entirety. END OF ADDENDUM 1 • AIRPORT DRIVE EAST EXTENSION Sebastian Municipal Airport Page 1 of 1 Addendum 1 June 30, 2009 ATTACHMENT 4 (BID BOND) (This form provided by the City of Sebastian as an example of the form of bond; the actual bond must conform to the standards required by Florida Statutes) KNOWNALL MENBY THESE PRESENTS, that, we the undersigned, As Bidder, and As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five percent (5%) of the Total Bid Amount which is $ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of 2009. The Condition of the above obligation is such that whereas the Bidder has submitted to the City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for AIRPORT DRIVE EAST EXTENSION. NOW THEREFORE, (a) If said BID shall be rejected, or • (b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name Printed or Typed Bidder — Authorized Signature • Bidder — Printed or Typed Name and Title Airport Drive East Extension Sebastian Municipal Airport Surety M. Printed or Typed Bidder — Authorized Signature Surety — Printed or Typed Name and Title 2-11 of 15 Bid Forms Addendum 1 — June 30, 2009 • CITY OF SEBASTIAN AIRPORT DRIVE EAST EXTENSION SEBASTIAN MUNICIPAL AIRPORT ADDENDUM # 2 DATE: July 10, 2009 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package — including all issued addenda. This Addendum is being sent to you via e-mail. Should you have any questions pertaining to this Addendum, please contact Rob Hambrecht at 407.306.0200. ADDENDUM MESSAGE 1. This addendum message includes this page, and the attached page. Attachment No. Pages Description Addendum 2 3 Addendum text. • Revised BID SCHEDULE 5 Includes additional additive bid items. Revised PLAN SHEETS 3 C-103, C-105, C-107 2. Submitted to the City must also include this addenda page submitted & signed as acknowledgement of receipt of same. Receipt Acknowledged By, Bidders Signature Firm Name Original Signed by Robert K. Hambrecht, P.E. Robert K. Hambrecht, P.E., Project Manager THE LPA GROUP INCORPORATED U AIRPORT DRIVE EAST EXTENSION Addendum 2 Sebastian Municipal Airport Page] of 3 July 10, 2009 L • ADDENDUM #2 1. BID SCHEDULE Replace the existing bid schedule with the attached bid form. Additions and revisions are indicated in BOLD font. 1.2 In the event that fill from excavated dry detention area is unusable, fill is to be hauled in from offsite. ADDITIVE BID 3 is the quantity of fill required for this. The fill will be measured per cubic yard in place. Bidder's price is to include all costs associated with this work including but not limited to transport, compaction, testing, etc. The "REGULAR EXCAVATION quantity in the base bid will be reduced by the corresponding amount during construction. 1.3 ADDITIVE BID 4 is for the pavement removal and resurfacing over existing base for the paved area adjacent to the existing maintenance building as shown on Sheet C-105. Existing asphalt is 1-1 '/2" thick. Contractor shall remove the asphalt only, in a method of his discretion. Surface preparation shall be included in the bid. 2. PLAN SHEETS 2.1 Sheet C-103: Sewer laterals added. Seven (7) total. 2.2 Sheet C-105: Paving area and grade points are now shown for ADDITIVE BID 4. 2.3 Sheet C-107: 2.3.1 Lift Station wet well piping size has been revised to 2" schedule 80. 2.3.2 A 2" x 4" expander has been specified on the exterior of the valve box. 3. BIDDER RFI Q1. There is a note on sheet C-101 directing us to dispose of unsuitable material. At the pre-bid we were directed to stockpile it onsite. Which should we do? Al. Stockpile all unused material on site in the location shown. Q2. What is the depth of compacted subgrade? Assume 12"? A2. Embankment lifts will be constructed and tested per section 120 of the FDOT specifications. Q3. What are the requirements for the concrete for the weir? 3000 psi no fiber? A3. 2,500 psi. Refer to section 347 of the FDOT specifications for non-structural concrete. Q4. What is the warranty period, if any? A4. 1 year. See section 5.9 and section 10.15 of the Construction Service Agreement. See section 1700 page 6 of 7 for the warranty form required at the completion of the project. Q5. Is there a performance and payment bond? A5. Yes. See section 19 of the bid requirements for details. The performance and payment bond in the amount of 100% of the total contract amount is required at the time of the execution of the agreement. Please refer to section 11.9 of the Construction Services Agreement for details. AIRPORT DRIVE EAST EXTENSION Sebastian Municipal Airport Page 2 of 3 Addendum 2 July 10, 2009 • • LJ 3. PRE-BID MEETING MINUTES 3.1 See attached meeting minutes from Pre -Bid Meeting. 4. UTLITIES LOCATION 4.1 It is the responsibility of the contractor to locate of all existing utilities, water main connection points, force main connection points, etc. END OF ADDENDUM 2 AIRPORT DRIVE EAST EXTENSION Sebastian Municipal Airport Page 3 of 3 Addendum 2 July 10, 2009 • • QEB w "A" A ttl A.l nT ATTACHMENT 5 (BID SCHEDULE) Bid Item Specification No. Description Unit Quantity I Unit Price (Dollars -Cents) Total Amount (Dollars -Cents) 1 1000 MOBILIZATION LS 1 2 1530 BARRICADES LS 1 3 104 SILT FENCE, TYPE III LF 2,610 4 110 CLEARING AND GRUBBING AC 5.6 5 110 REMOVE EXISTING POSTS (9) LS 1 6 110 PAVEMENT REMOVAL (INCLUDES BASE) SY 2,730 7 120 REGULAR EXCAVATION CY 4,400 8 160 STABILIZATION, TYPE B, 6" SY 4,400 9 162 PREPARED SOIL LAYER SY 9,400 10 285 FDOT OPTIONAL BASE GROUP 4 SY 4,200 11 300 TACK COAT GAL 50 12 300 PRIME COAT GAL 2,100 13 334 SUPERPAVE, FINE MIX, SP -9.5 TON 500 14 340 CONCRETE WEIR EA 1 15 425 INLET, DITCH BOTTOM, FDOT TYPE C EA 5 16 430 DRAINAGE PIPE, RCP, 18" CLASS III LF 76 17 430 DRAINAGE PIPE, RCP, 24" CLASS III LF 54 18 550 FENCING, CHAIN LINK 7+1 (SEE DETAILS) LF 510 19 550 GATES (PEDESTRIAN) EA 2 20 550 GATES (CANTILEVER SLIDING) EA 2 21 570 SEEDING SY 12,717 22 575 SODDING SY 9,400 NEW ELECTRICAL SERVICE, COMPLETE. INCLUDES EXCAVATION, SERVICE LATERAL, INSTALLATION, POWER EQUIPMENT RACK STRUCTURE, CONNECTIONS TO LIFT STATION CONTROL PANEL, LIFT STATION POWER SUPPLY, GATE SYSTEM POWER SUPPLY, CONCRETE FOUNDATION, CIRCUIT BREAKERS, PANEL BOARD, CONDUITS, RGS LS 1 23 16010-1 CONDUITS, CONDUCTORS, TVSS UNIT, SPLICE KITS, CONCRETE, STAINLESS STEEL MOUNTING HARDWARE, CONNECTIONS, GROUNDING, GROUND RODS, EXOTHERMIC WELDS, CIRCUIT IDENTIFICATION, LABOR, POWER WIRING AND CONDUITS, TERMINATIONS, TESTING, BACKFILL AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE. Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.1 of 12.5 Addendum 2 - July 10, 2009 • ATTACHMENT 5 (BID SCHEDULE) Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.2 of 12.5 Addendum 2 - July 10, 2009 NEW GATE & ELECTRICAL SERVICE, COMPLETE. INCLUDES EXCAVATION, INSTALLATION, POWER PEDESTAL, CONCRETE ISLAND, CONNECTIONS TO GATE OPERATOR, GATE OPERATOR POWER WIRING, GATE OPERATOR CONTROL WIRING, GATE OPERATOR CONCRETE FOUNDATION, DISCONNECT SWITCH, CONDUITS, RGS CONDUITS, CONDUCTORS, PHOTOCELL, LIGHT FIXTURE & POLE, POLE BASE, 16010-2 & LAMP, FUSES, FUSE HOLDERS, CONCRETE EA 2 24 16010-3 BOLLARDS, JUNCTION BOXES, KEY PAD & PEDESTAL, DETECTOR LOOPS, SPLICE KITS, CONCRETE, REBAR, STAINLESS STEEL MOUNTING HARDWARE, SAWCUTTING OF PAVEMENT, PAVEMENT SEALANT, CONNECTIONS, GROUNDING, GROUND RODS, EXOTHERMIC WELDS, CIRCUIT IDENTIFICATION, LABOR, POWER & CONTROL WIRING AND CONDUITS, TERMINATIONS, TESTING, BACKFILL AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE.- 1 -WAY, 1-1/2' SCHEDULE 40 PVC CONDUIT INSTALLED IN EARTH. INCLUDES HAND EXCAVATION, LABOR, 25 16110-1 CONNECTIONS, CAPPING OF SPARE CONDUITS, LF 20 WARNING TAPE, IDENTIFICATION, SOD RESTORATION AND BACKFILL COMPLETE IN PLACE 1- WAY, 2" SCHEDULE 40 PVC CONDUIT INSTALLED IN EARTH. INCLUDES HAND EXCAVATION, LABOR, 26 16110-2 CONNECTIONS, CAPPING OF SPARE CONDUITS, LF 730 WARNING TAPE, IDENTIFICATION, SOD RESTORATION AND BACKFILL COMPLETE IN PLACE. 3- WAY, 2" SCHEDULE 40 PVC CONDUIT INSTALLED IN EARTH. INCLUDES HAND EXCAVATION, LABOR, 27 16110-3 CONNECTIONS, CAPPING OF SPARE CONDUITS, LF 230 WARNING TAPE, IDENTIFICATION, SOD RESTORATION AND BACKFILL COMPLETE IN PLACE. NEW ELECTRICAL PULL BOX INSTALLED IN EARTH. INCLUDES ALL HAND EXCAVATION, CONDUIT CONNECTIONS, BACKFILL, SOD RESTORATION, PULL BOX, HEAVY DUTY TRAFFIC RATED COVER, 28 16110-4 CONNECTIONS, IDENTIFICATION, SPLICE KITS, EA 4 STAINLESS STEEL HARDWARE, GROUND ROD, GROUNDING, CRUSHED STONE, LABOR AND ETC FOR A COMPLETE AND OPERATIONAL SYSTEM IN PLACE. #10, 600V, XHHW CONDUCTOR INSTALLED IN NEW CONDUIT. INCLUDES INSTALLATION, CONNECTIONS, 29 16120-1 CONDUCTORS, LABOR, SPLICE KITS, TESTING, LF 2,920 IDENTIFICATION, AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.2 of 12.5 Addendum 2 - July 10, 2009 • • � SA.ST ..� �wu,-�nAi nmrn�nr ATTACHMENTS (BID SCHEDULE) Additive Bid 1 GOLF NETTING, POLES, NETTING CLIPS, HARDWARE - 1 Al -1 INCLUDING SIGNED SEALED SHOP DRAWING LS 1 SUBMITTAL Additive Bid 2 1 A2-1 PRIVATE LIFT STATION, DUPLEX LS 1 Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.3 of 12.5 Addendum 2 - July 10, 2009 #8, 600V, XHHW CONDUCTOR INSTALLED IN NEW CONDUIT. INCLUDES INSTALLATION, CONNECTIONS, 30 16120-2 CONDUCTORS, LABOR, SPLICE KITS, TESTING, LF 20 IDENTIFICATION, AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE #4, 600V, XHHW CONDUCTOR INSTALLED IN NEW CONDUIT. INCLUDES INSTALLATION, CONNECTIONS, 31 16120-3 CONDUCTORS, LABOR, SPLICE KITS, TESTING, LF 100 IDENTIFICATION, AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE #2, 600V, XHHW CONDUCTOR INSTALLED IN NEW CONDUIT. INCLUDES INSTALLATION, CONNECTIONS, 32 16120-4 CONDUCTORS, LABOR, SPLICE KITS, TESTING, LF 100 IDENTIFICATION, AND ETC. FOR A COMPLETE WORKING SYSTEM IN PLACE 33 SS MANHOLE, SANITARY, 0.6FT DEPTH EA 2 34 SS MANHOLE, SANITARY, 6-8FT DEPTH EA 3 35 SS SANITARY PIPE, PVC, 8", 0-6 FT DEPTH LF 368 36 SS SANITARY PIPE, PVC, 8',6-8 FT DEPTH LF 357 37 SS FORCE MAIN, PVC, 4" LF 490 38 SS TAPPING VALVE AND SADDLE EA 1 39 SS OPEN CUT AND PATCH LS 1 40 SS SERVICE LATERAL 6" EA 7 41 SS FITTINGS, (90, 45, WYE, TEE) EA 3 42 WA WATER PIPE, AWWA C-900 (CLASS 150),8- LF 880 43 WA FIRE HYDRANT ASSEMBLY W/ VALVE EA 2 44 WA GATE VALVE, 8"W/ BOX EA 2 45 WA RESTRAINED JOINT ASSEMBLY (BENDS AND TEES) EA 6 TOTAL BASE BID AMOUNT= $ Additive Bid 1 GOLF NETTING, POLES, NETTING CLIPS, HARDWARE - 1 Al -1 INCLUDING SIGNED SEALED SHOP DRAWING LS 1 SUBMITTAL Additive Bid 2 1 A2-1 PRIVATE LIFT STATION, DUPLEX LS 1 Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.3 of 12.5 Addendum 2 - July 10, 2009 • 0 r: SEBAST ATTACHMENT 5 (BID SCHEDULE) AAI INN! i IPAI AIRDC)RT Additive Bid 3 1 A3-1 OFFSITE BORROW CY 2,280 TOTAL BID AMOUNT FOR BASE BID + ADDITIVE 1 + ADDITIVE 2 + ADDITIVE 3 + ADDITIVE 4 = $ All BIDDERS must submit bid prices for the Base Bid and all of the "Additives" shown above. The undersigned, having become thoroughly familiar with all of the Agreement & Bidding Documents incorporated herein, the project location and the site conditions, and the time schedule affecting the work, hereby proposes to perform everything required be performed in strict conformity with the requirements of these documents, and to provide and furnish all the supervision, labor, equipment, materials and tools necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price(s) quoted is (are) inclusive of any Addenda which may be issued. The City reserves the right to award the Work based on the lowest price bid for any (1) the Total Base Bid only, or (2) any combination of the Total Base Bid and any of the Additives, or (3) the Total Base Bid and any of the Additives, providing that the Bidder is both responsible and responsive. Therefore the "Total Base Bid Price" or the total resulting from adding the Total Base Bid plus any of Additives must be ready to stand on its own. By the signature below, the Contractor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any other person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, the Contractor agrees to enter into a contract with the City of Sebastian within ten (10) consecutive calendar days of Notice of Award by the City, and agrees to all the terms and conditions of all documents stated herein for the above stipulated prices which shall remain firm for ninety (90) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. The Quantities indicated on this Bid are estimated and shall only be used for the Purpose of Bid Evaluation and Award. The estimated Bid Quantities do not constitute a guarantee of work. The Contractor agrees that the prices quoted on this bid have taken into consideration that the Actual Quantities of work may exceed or may be lower than the Quantities indicated on this Bid. CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED DAYS INDICATED IN THE PROJECT SPECIFICATIONS. undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the amount of its Proposal. It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are included in the proposal submitted. The undersigned acknowledges recept of said addenda as follows: dated dated Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.4 of 12.5 Addendum 2 - July 10, 2009 Additive Bid 4 1 A4-1 REMOVE EXISTING ASPHALT SY 1,620 2 A4-2 SUPERPAVE, FINE MIX, SP 9.5 TN 185 TOTAL ADDITIVE 4 AMOUNT= $ TOTAL BID AMOUNT FOR BASE BID + ADDITIVE 1 + ADDITIVE 2 + ADDITIVE 3 + ADDITIVE 4 = $ All BIDDERS must submit bid prices for the Base Bid and all of the "Additives" shown above. The undersigned, having become thoroughly familiar with all of the Agreement & Bidding Documents incorporated herein, the project location and the site conditions, and the time schedule affecting the work, hereby proposes to perform everything required be performed in strict conformity with the requirements of these documents, and to provide and furnish all the supervision, labor, equipment, materials and tools necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price(s) quoted is (are) inclusive of any Addenda which may be issued. The City reserves the right to award the Work based on the lowest price bid for any (1) the Total Base Bid only, or (2) any combination of the Total Base Bid and any of the Additives, or (3) the Total Base Bid and any of the Additives, providing that the Bidder is both responsible and responsive. Therefore the "Total Base Bid Price" or the total resulting from adding the Total Base Bid plus any of Additives must be ready to stand on its own. By the signature below, the Contractor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any other person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, the Contractor agrees to enter into a contract with the City of Sebastian within ten (10) consecutive calendar days of Notice of Award by the City, and agrees to all the terms and conditions of all documents stated herein for the above stipulated prices which shall remain firm for ninety (90) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. The Quantities indicated on this Bid are estimated and shall only be used for the Purpose of Bid Evaluation and Award. The estimated Bid Quantities do not constitute a guarantee of work. The Contractor agrees that the prices quoted on this bid have taken into consideration that the Actual Quantities of work may exceed or may be lower than the Quantities indicated on this Bid. CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED DAYS INDICATED IN THE PROJECT SPECIFICATIONS. undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the amount of its Proposal. It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are included in the proposal submitted. The undersigned acknowledges recept of said addenda as follows: dated dated Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.4 of 12.5 Addendum 2 - July 10, 2009 • MLINICIPAL AIRPORT 0 • ATTACHMENT 5 (BID SCHEDULE) Authorized Signature Firm Name and Address Printed Name Title Phone Number Date Signed Airport Drive East Extension Sebastian Municipal Airport Bid Schedule 2-12.5 of 12.5 Addendum 2 - July 10, 2009 .7 0 • N N N N OD O N A O 00 O N A Of o 17.45pp I z ,$ 17.51" �E�Ev-,].g sg3p 20.89co + 17.67 e•n 4 I E}EV• m.50 , 17,80 I, °}0 16.04 0 20.w S e o a0 16.35 2.50 ( <� u _ } 19.23 0 20.so2Py£ d19.54 3 10.50 x•$N II.gJ, X7191n 0 2a D o O _ 9 sre N. 20.31 .'M ms0 Y ? _.W € € 4 C a �6�"��' EIEv• m.55 x ¢ a N 19.92 ?m a R - $ :5 00 20.50 19.39 1 m 20.51 t' 19.93 iKII oz } ME Gri xx O 20.5] T® >A M 20,17 I tiO A m �I mY 20.51 , } 20.44 y _ ��$" ZO G 20.55 �w6 V 2055 _ / )✓ 20.fi8 z l zPv� +a 20.66 00 20.9 S§� E�El m. 'F. .O 2096. 20.70 - } 20.63 O 201. g •me5 _. 20,66 gg III 9 0 20.97 I'sIe o•oo ° �'m' \ / 20.88 pe o N w m o rom Oma i Om°a \ S2 �r P 1 g° Z. °$ rm -) OA yy 14 MHO N°y CI,IN� A°�° Z zp Op m�0. b y, y r9 p -e ?§7'�Spr4 ��^ �> 333RRR666 V 1 m �i 2� MIN is t n [x ea o zm s Ev g a��' Z CA i H IOCUMEN7 CUMENT • • 0 ilk [fit iity g66 fir€It t Y < 4 3 € €$ $ t t € € i€ Ci�Y .€ a •g =.0 } } m Z Y 1 gg a E a mm 8 8 •i A(e 3Y I z w 5 � d m ... - - - - - - - - - - - lit Irl € Y3 Y 4444 Ps€i€ € $} Eo €i 21 8 lit 2.litSL 4'tYi 2 D g Yq $ o € $ ypgg} a �eo g 1L. aYi+5i}8 i� qj littj }� x m�� abs 1 (E ocCC }� .r� r qq $ozb 0 X ai N d y D o (A -12 �a z G I EON n, se• rug. � S" D o S y 9 ^oma $tom' 075 m pa O vsm Ci 4 f 3 Y Y r fr/1 1 < g L T b y Z Z m BID DOCUMENT • • CITY OF SEBASTIAN AIRPORT DRIVE EAST EXTENSION SEBASTIAN MUNICIPAL AIRPORT ADDENDUM # 3 DATE: July 10, 2009 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package — including all issued addenda. This Addendum is being sent to you via e-mail. Should you have any questions pertaining to this Addendum, please contact Rob Hambrecht at 407.306.0200. ADDENDUM MESSAGE 1. This addendum message includes this page, and the attached page. Attachment No. Pages Description Addendum 3 1 Addendum text. Pre -Bid Meeting Minutes 3 Pre -Bid Meeting Minutes 2. Submitted to the City must also include this addenda page submitted & signed as acknowledgement of receipt of same. Receipt Acknowledged By, Bidders Signature Firm Name Original Signed by Robert K. Hambrecht, P.E. Robert K. Hambrecht, P.E., Project Manager THE LPA GROUP INCORPORATED ADDENDUM #3 1. PRE-BID MEETING MINUTES 1.1 See attached meeting minutes from Pre -Bid Meeting. END OF ADDENDUM 3 AIRPORT DRIVE EAST EXTENSION Sebastian Municipal Airport Page 1 of 1 Addendum 3 July 10, 2009 • CITY OF SEBASTIAN MUNICIPAL AIRPORT SIERASTMN - PRE-BID MEETING MINUTES HOME OF PELICAN ISLAND PROJECT: SEBASTIAN MUNICIPAL AIRPORT Airport Drive East Extension DATE: Wednesday, July 1, 2009 — Sebastian Municipal Airport, Florida A I I CAIIICCC- Name Company Phone Email Rob Hambrecht THE LPA GROUP 407-306-0200 rhambrecht I a rou .com Bill Snyder Guettler Brothers Const. 772-461-8345 bill(cDQuettlerconstruction.com Justin Major Florida Industrial Electric 407-379-1740 iustin.maior(cDfie-inc.com Jeff Lyle Parmenter Exc. 321-724-8760 Ile aim.com Tim Borrs RCC 321-508-6217 tim r cinc.us Jerry Cainley Lynch Paving & Construction Eq. In 863-763-7373 863-801-6723 Bgent59(cDyahoo.com Carin Sadlon APAC Southeast Inc 321-242-0236 csadlon a ac.com Ray Johnson Osceola Electric 321-323-0476 osceolaelectric mail.com Ray Johnson Goodson Paving 321-631-5523 Gary Nicholas City of Sebastian Airport Introduction • Meeting was recorded. • Introductions. Joe Griffin, Airport Manager, was not present. • Liquidated damages are $500/day. • Bid Opening date is July 15, 2:00 pm. Submit bid in a sealed envelope to Joe Griffin at or before then. • Addendum 1 was issued via email. The name of the project in Attachment 4, Bid Bond was corrected. + Last day for questions is July 8, 2009 at COB. FAA Required Items + DBE Participation— 10% Goal. • Federal Wage Provisions. • Note Special Provisions Section 120. With pay applications, you must submit the federal wage provisions, certified payrolls, and DBE participation sheets. • FAA Advisory Circular for Safety has been included in the spec book. No badges required. THE Page 1 of 3 lPA GROUP �J CRY OF SlEkASTIAN HOME Of PELICAN ISLAND Safety/Phasing SEBASTIAN MUNICIPAL AIRPORT PRE-BID MEETING MINUTES • Total duration is 120 days (base bid and additives). • Safety plan includes locations of barricades and construction signs. Safety areas are defined on the plans. Project is far outside of taxiways and runways. • Staging areas should not be a problem. Construction Summary + Review of project. Road extension, utilities, gates, electrical requirements, pavement removal (all the way down to subgrade). Working close to newly constructed hangar which is or will be occupied so there will be vehicles to deal with during construction. + Review of additives. Golf netting. Cost Estimates + Base Bid: $620,000. Based on normal construction prices at this time. • Additive 1 — Golf Netting: $30,000. • Additive 2 — Lift Station: $15,000. General: • Quality Control. Contractor is responsible for quality control. The Owner will be doing quality assurance, but that is just for verification. See Section 1400 for what is required under Quality Control. • As -Built Survey. Since this is a utility project, as -built survey is required not only to cover the road but also the utilities to meet the specifications outline which are governed by Indian River County. • There is a fuel line on the project. You will go over it with the road. It is at least 5 feet where the roadway is, so use extreme caution. • Voluntary field visit after meeting. • The pond shown on the plans is a large, shallow pond. Anticipated Addenda: + Performance bond will be required to be included in base bid. See Section 11.9 of Construction Services Agreement. Questions Posed by Contractors: + Is force main going to be part of the additive of the lift station price or does it have its own separate bid item? Just the lift station itself. But we will put in the line for the force main. + Are the ADS pipe and fittings going to be moved where the new retention goes? THE LPA L� GROUP � Page 2 of 3 • • CRT OF SIERASTMAN HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT PRE-BID MEETING MINUTES Yes, the equipment will be moved prior to construction. The pond shown on the plans is a large, shallow pond. Works as a dry pond. First foot of that material is unsuitable. That will get put at the stockpile area. + Will it be a problem to use the off road trucks? or will we have to use on road trucks? This pavement is not in good condition, it is thin. If you are doing a lot of driving across here to bring the fill material to another side of the project, you will want to take a look at the condition of that pavement. + On the lift station, there is a 3 -inch discharge coming out, and a 4 -inch force main. Where does it reduce? We will issue a detail. + There are some light poles on the drawings that are supposed to be matched up to existing. Is there any way to get a little more information than that? We'll have an answer by tomorrow. An addendum will be issued with these meeting minutes and questions from bidders. THE 1.� LPA GROUP 5�ffiilffi=ffi� Page 3 of 3 • r� BID DOCUMENTS FOR SEBASTIAN MUNICIPAL AIRPORT AIRPORT DRIVE EAST EXTENSION TABLE OF CONTENTS SECTION NO. DESCRIPTION PAGE NO. INVITATION TO BID BID AND CONTRACT FORMS 1 Bid Requirements 1-1 2 Bid Forms 2-1 2 Attachment 1 — Contractor Information Form 2-2 2 Attachment 2 — Drug -Free Workplace Form 2-6 2 Attachment 3 — Public Entity Crimes Form 2-7 2 Attachment 4 — Bid Bond 2-11 2 Attachment 5 — Bid Schedule 2-12.1 2 Attachment 6 — Designation of Subcontractors 2-13 2 Attachment 7 — Florida Trench Safety Act 2-14 3 Construction Services Agreement 3-1 3 Article I — The Contractual Relationship 3-2 3 Article II — Performance 3-6 GENERAL PROVISIONS 10 Definition of Terms GP -1 20 Proposal Requirements and Conditions GP -6 30 Award and Execution of Contract GP -9 40 Scope of Work GP -11 50 Control of Work GP -15 60 Control of Materials GP -21 70 Legal Regulations and Responsibility to Public GP -24 80 Prosecution and Progress GP -32 90 Measurement and Payment GP -39 100 Quality Control Program GP -46 110 Method of Estimating Percentage of Material Within Specification Limits GP -53 120 Required Bid and Contract Provisions GP -60 GENERAL REQUIREMENTS 01000 Mobilization 01000-1 01010 Summary of Work 01010-1 01030 Airport Project Procedures 01030-1 01040 Project Coordination 01040-1 01060 Control of Erosion, Siltation and Pollution 01060-1 01070 Abbreviations and Symbols 01070-1 01090 Regulations and Definitions 01090-1 01095 NPDES Permit Conformance 01095-1 01150 Measurement and Payment 01150-1 01300 Submittals 01300-1 01400 Quality Control Services 01400-1 Airport Drive East Extension Sebastian Municipal Airport TOC- 1 of 3 Table of Contents June 2009 LJ • :7 SECTION NO. DESCRIPTION PAGE NO. 01510 Temporary Facilities 01510-1 01530 Airfield Temporary Markings and Barricades 01530-1 01600 Materials and Equipment 01600-1 01700 Contract Closeout 01700-1 01710 Cleaning and Disposal 01710-1 01720 Project Record Documents 01720-1 01740 Warranties and Bonds 01740-1 AC 150/5370-2E Operational Safety on Airports During Construction C-107 Lift Station Details C-108-1 Utility Details (1) C-108-2 TECHNICAL SPECIFICATIONS C-109-1 16010 Basic Electrical Requirements 16010-1 16050 Basic Electrical Materials and Methods 16050-1 16110 Raceways 16110-1 16120 Conductors 16120-1 P-100 FDOT Standard Index and Specifications P-100-1 P-200 Indian River County Department of Utility Services Water & Wastewater Utility Standards P-200-1 Airport Drive East Extension Sebastian Municipal Airport TOC- 2 of 3 Table of Contents June 2009 CONSTRUCTION DRAWINGS DRAWING NO. DRAWING TITLE G-001 Cover Sheet G-101 General Notes G-102 Site Plan G-103 Typical Sections C-101 Demolition and Erosion Control Plan C-102-1 Dimension Plan C-102-2 Control Point Plan C-103 Plan and Profile C-104 Roadway Sections C-105 Grading and Drainage Plan C-106 Sanitary Sewer Details C-107 Lift Station Details C-108-1 Utility Details (1) C-108-2 Utility Details (2) C-109-1 Erosion Control Details (1) C-109-2 Erosion Control Details (2) C-109-3 Erosion Control Details (3) C-109-4 Fence and Gate Details (1) C-109-5 Fence and Gate Details (2) C-110 Drainage Details C-111 Airfield Safety Plan E-01 Electrical Plan General Notes E-02 Electrical Site Plan E-03 Electrical Riser Details Airport Drive East Extension Sebastian Municipal Airport TOC- 2 of 3 Table of Contents June 2009 • r1 U • Airport Drive East Extension Sebastian Municipal Airport TOC- 3 of 3 Table of Contents June 2009 CONSTRUCTION DRAWINGS DRAWING NO. DRAWING TITLE E-04 Electrical Schedules and Details E-05 Electrical Details E-06 Electrical Details E-07 Gate Details Airport Drive East Extension Sebastian Municipal Airport TOC- 3 of 3 Table of Contents June 2009 INVITATION TO BID NOTICE IS HEREBY GIVEN that the City of Sebastian, Indian River County, State of Florida, will receive . sealed bids from qualified General Contractors, at: Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 (772) 228-7001 until the hour of 2:00 pm, Local Time, on Wednesday July 15, 2009 and said bids will be opened and publicly read immediately thereafter in the conference room, at the above address, on the same day for: Sebastian Municipal Airport Airport Drive East Extension The work Venerally consists of: Base bid includes the construction of a new 900 foot roadway extension and two access drives which total 500 feet in length. The project also includes the extension of water and sewer utilities (approximately 880 if of 8" waterline, 490 if of 4"pvc forcemain, 850 if of 8" gravity sewer with 5 manholes), the construction of stormwater facilities to serve the project, demolition of approximately 980 sy of existing paving, new paving (approximately 465 tons of asphalt, 4200 sy of FDOT Optional Base Group 4), 4101f of chain link security fencing, two automated security gates and associated electrical work. Electrical work consists of the extension of FP&L utilities to serve the gates and lift station, and includes the new installation of conduits, conductors, • grounding, pull boxes, electrical meter, power risers, and panels. Additive Bid 1 includes the erection of poles and golf netting along the existing fence line. Additive Bid 2 includes the construction of a new private lift station. The work must conform to plans and specifications, which may be obtained or examined on or after Monday June 15, 2009 at: THE LPA GROUP INCORPORATED 615 Crescent Executive Court, Suite 200 Lake Mary, FL 32746 Contact Person: Randi Viola (rviola@lpagroup.com) Telephone: (407) 306-0200 A non-refundable service charge of $50 per set of plans and specifications (including shipping) is required. Bid proposals must be submitted on the forms provided and accompanied by a bid security in the form of a certified check, cashier's check, money order or a bid bond submitted on the form provided, in favor of The City of Sebastian in the amount of not less than five percent (5%) of the bid price. All bids must be submitted in a sealed envelope as described in the BID REQUIREMENTS. Bidders are encouraged to attend a Pre-bid Conference to be held at 2:00 pm Local Time, on Wednesday July 1, 2009 in the Airport Administration Building. Interested individuals can contact the airport for • directions: Airport Drive East Extension Instructions to Bidders Sebastian Municipal Airport June 2009 INV- 1 of 2 • • C, Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 (772)228-7001 All questions pertaining to the project shall be submitted in writing via email to THE LPA GROUP at the address: rviola@lpagroup.com. The last day for questions will be Wednesday July 8, 2009. All plan holders will be emailed a copy of the questions and the answers in the form of an addendum. The Disadvantaged Business Enterprise goal is 10%. All Bidders must be licensed in accordance with Florida Laws at the time of bid submission. This project is funded under provisions of the Airport and Airway Safety and Capacity Act of 1987. Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded: a. Presidents Executive Order No. 11246 as amended by 29 CFR Part 30 and 41 CFR Part 60. b. Davis Bacon and Related Acts, 29 CFR Parts 1, 3 and 5. C. Copeland Act, 29 CFR Part 3. d. Contact Work Hours and Safety Standards Act. e. Title VI of Civil Rights Act of 1964. f. Disadvantaged Business Enterprises (DBE) participation will be required as described in 49 CFR Part 26, and all pertinent amendments. g. Buy American - Steel and Manufactured Products for Construction. By Order of the City of Sebastian, Indian River County, Florida. Airport Drive East Extension Sebastian Municipal Airport The City of Sebastian Indian River County, Florida END OF INVITATION TO BID INV- 2 of 2 Instructions to Bidders June 2009 • 1 BID REQUIREMENTS 1. PRE-BID CONFERENCE (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A pre-bid conference shall be held at the Sebastian Municipal Airport at that time and date specified in the Invitation to Bid. All prospective bidders are encouraged to attend this conference. Questions concerning the project or bid requirements may be addressed at that time. 2. REOUIRED COPIES Two (2) sets of bids shall be submitted on the Bid Proposal Form provided, including any other forms, proofs, and documents as required. 3. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left corner) the name of the Bid, and the date and time of opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation. 4. BIDS NOT CONSIDERED Late Bids, telegraphed or faxed Bids and bids which do not conform to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or telegraph provided that such notices are received prior to the date and time specified in the Invitation. 5. BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will commence at the date and time specified in the Notice of Invitation to Bid, and publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings. 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the Airport. 7. REQUIRED INFORMATION Bidders shall follow all instruction and provide all information requested on the bid proposal form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must is be initialed by the bidder in ink. Airport Drive East Extension Bid Requirements Sebastian Municipal Airport June 2009 1-1 of 5 • 9. NEW EQUIPMENT AND MATERIALS Prices shown on the bids must be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as stipulated in the agreement form submitted with the bidding documents. 10. SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 11. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. 12. LICENSING, CERTIFICATION, AND/OR REGISTRATION Contractors must show their current Contractors license. Prior to start of work, if the • Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. In any event, the Contractor shall contact the Administrative Assistant at the Building Department 561-589-5518 and insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Two (2) copies of any license or certification as required shall be submitted with the bidding documents. A letter must be obtained from the City's Building Department showing that you have complied with their requirements, and is required on this project prior to execution of a contract, and should be submitted to the General Services Administrator with any payment/performance bonds which may be required. Any Sub-Contractor(s) must also be certified. 13. CORRECTIONS, CANCELLATIONS, & WITHDRAWAL A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. • B. Waiver of Technicality; Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a Airport Drive East Extension Sebastian Municipal Airport 1-2 of 5 Bid Requirements June 2009 matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non - substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. C. Mathematical errors; Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. D. Cancellation or postponement; The City may cancel or postpone that bid opening or cancel the Invitation to Bid in its entirety. E. Withdrawal; Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telecon is made. F. Amendments; Prior to any published bid opening date and time, a bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 14. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 15. PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. 16. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 17. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 18. BID BOND (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and must be submitted along with the two (2) copies of the Bid; failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to return of surety after final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. • Airport Drive East Extension Bid Requirements Sebastian Municipal Airport June 2009 1-3 of 19. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project, and shall be provided by the successful bidder at the stipulated time of the execution of the agreement, failure to do so shall cause said bidder to be in default and forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.) NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS: The bond (s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the City Manager and City Attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashiers check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the check or letter or credit must be approved by the City Manager and City Attorney. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power -of -Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. 20. LIQUIDATED DAMAGES (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) The City shall be entitled to liquidated damages in the amount as shown in the project manual, per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 21. INSURANCE Cost for all insurance shall be born by the bidder. All insurance shall be acceptable to the City in its sole discretion. A signed Certificate(s) of Insurance evidencing required insurance coverages maintained by the Bidder in the types and amounts required hereunder shall be transmitted to Owner prior to Contract execution. Each Certificate(s) shall include a minimum thirty (30) day endeavor to provide written notification to Owner for cancellation or non -renewal of coverage herein. All Bidders shall submit evidence of insurance as indicated in the Construction Contract, Section 11.8. 22. BID AWARD The contract/agreement will be awarded to the lowest responsive and responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City and by Florida statues. Airport Drive East Extension Bid Requirements Sebastian Municipal Airport June 2009 1-4 of 5 9 23. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, form or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. 24. REFERENCES References are required and must be submitted with the Bid proposal form. Failure to submit references as required may disqualify your Bid. Name and phone number to contact shall be included. 25. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required and must be submitted with the Bid proposal. Failure to submit a list of Sub -Contractors may disqualify your Bid. 26. CO-OPERATIVE PURCHASING It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 27. DISCRIMINATION The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM The City has an overall ten percent (10%) race -neutral DBE goal. This means that the City's goal is to spend at least 10% of the dollars with Certified DBE's as prime Contractorsor as subcontractors. Race -neutral means that the City believes that the 10% overall goal can be achieved through the normal competitive procurement process. The City has reviewed this project and assigned a DBE availability goal of (10%) percent for this project. Although not a contract requirement, the City believes that this DBE percentage can realistically be achieved on this project based on the number of DBE's associated with the different types of work that will be required. Airport Drive East Extension Sebastian Municipal Airport 1-5 of 5 Bid Requirements June 2009 • 2 BID FORMS 11 Bidders shall submit, on the forms provided (Attachments 1-7), the information required. Bidders that fail to complete and show evidence of compliance with the following subsections shall be considered unqualified, and shall not be given further consideration in the bid process. 2.1 Licensing Bidder shall be licensed in accordance with the following: Chapter 489, Part I, Florida Statutes and Chapter 61G4, Florida Administrative Code. Bidder shall provide copy of license as part of bid documents. Contractor shall be able to be properly licensed in the City of Sebastian before beginning construction. If the Bidder is a joint venture, the individual empowered by a properly executed Declaration of Joint Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will be responsible for the engineering, quality control, and geotechnical and construction portions of the Work, and license numbers and copies of these licenses/professional registrations shall be provided with Attachment 1. 2.2 Drug Free Workplace Statement The Drug -Free Workplace form, as attached hereto, shall be submitted with the qualification package. 2.3 Public Entity Crimes Any person or firm submitting a Proposal in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said qualifications package. 2.4 Bid Price Bid prices shall be submitted on the Bid Price Form (Attachment 5) attached hereto and shall include prices for the items listed. The prices shall include all costs for all construction of the Project, and all other work necessary to fully and timely complete that portion of the Project in accordance with the Contract Documents, as well as all job site and home office overhead, and profit, it being understood that payment of that amount for of the Project will be full, complete, and final compensation for the work required to complete the Project. The Bid price shall be delivered in a sealed package, within the time specified in the advertisement, to the following: Mr. Joe Griffin, Airport Manager Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 (772) 228-7001 The package shall indicate clearly that it is the Bid and shall identify clearly the Bidder's name, and project description. The Bid shall be secured and unopened until the date specified for opening of the Bids. Airport Drive East Extension Bid Forms Sebastian Municipal Airport June 2009 2-1 of 15 ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) toTO: Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 (772) 228-7001 • • Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Airport Drive East Extension, Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by (Name of Person or Persons) on (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above-named documents. Principal Office Address: (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary.) Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner Airport Drive East Extension Sebastian Municipal Airport 2-2 of 15 Bid Forms June 2009 . (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. • (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? • Airport Drive East Extension Bid Forms Sebastian Municipal Airport June 2009 2-3 of 15 (10) How many applications for performance and payment bonds have you made in the last three (3) • years? (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) • • Airport Drive East Extension Sebastian Municipal Airport 2-4 of 15 Bid Forms June 2009 • • I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, (Name of Bidder) (Authorized Signature) (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: Classification: Monetary Limit: *ATTACH A COPY OF APPROPRIATE LICENSES Airport Drive East Extension Sebastian Municipal Airport 2-5 of 15 Bid Forms June 2009 • • ATTACHMENT 2 (DRUG-FREE WORKPLACE FORM) The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that � Y does: I. 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 employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, 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 Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 1893 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, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Airport Drive East Extension Sebastian Municipal Airport 2-6 of 15 Signature Bid Forms June 2009 ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) 0 Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be • provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. is By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. Airport Drive East Extension Bid Forms Sebastian Municipal Airport June 2009 2-7 of 15 SWORN STATEMENT UNDER SECTION 287.133(3)(a), • FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is (please print name of individual signing) and my relationship to the entity named above is 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 with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) 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 Airport Drive East Extension Bid Forms Sebastian Municipal Airport June 2009 2-8 of 15 • 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 Agreement and which bids or applies to bid on Agreements 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. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and . convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in 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 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.) • Airport Drive East Extension Sebastian Municipal Airport 2-9 of 15 Bid Forms June 2009 • 0 C: Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this day of , 2009 by , (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Airport Drive East Extension Sebastian Municipal Airport Name: My Commission Expires: Commission Number: 2-10 of 15 Bid Forms June 2009 ATTACHMENT 4 (BID BOND) (This form provided by the City of Sebastian as an example of the form of bond; the actual bond must conform to the standards required by Florida Statutes) KNOWNALL MEN BY THESE PRESENTS, that, we the undersigned, As Bidder, and As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five percent (5%) of the Total Bid Amount which is $ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of The Condition of the above obligation is such that whereas the Bidder has Sebastian a certain BID, attached hereto and hereby made a part of hereof to writing, for AIRPORT MAINTENANCE STORAGE BUILDING. NOW THEREFORE, 2009. submitted to the City of enter into a contract in (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the • form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name Printed or Typed Bidder — Authorized Signature Surety Printed or Typed Bidder — Authorized Signature 0 Bidder — Printed or Typed Name and Title Surety — Printed or Typed Name and Title Airport Drive East Extension Sebastian Municipal Airport 2-11 of 15 Bid Forms June 2009 :J • • Airport Drive East Extension Sebastian Municipal Airport ATTACHMENT 5 (BID SCHEDULE) 2-12 of 15 Bid Forms June 2009 0 ATTACHMENT 6 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. • • Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. $ 2 $ 3 $ 4. $ 5. $ 6. $ 7. $ TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $ PERCENT SUBCONTRACTOR PARTICIPATION: % Name of BIDDER: Airport Drive East Extension Sebastian Municipal Airport 2-13 of 15 Bid Forms June 2009 ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. 1. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. 3. The Contractor shall consider the geotechnical data available from the City, if any, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself. 4. The amounts that the Bidder has set forth for pipe installation includes the following excavation / trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. b. C. d. e. For Information Only, Not for Payment Purposes $ Bidder may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non-responsive. Airport Drive East Extension Sebastian Municipal Airport 2-14 of 15 Bid Forms June 2009 5. The amount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). 6. Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. Company Name and Title Address: • • Telephone: END OF FLORIDA TRENCH SAFETY ACT STATEMENT Airport Drive East Extension Sebastian Municipal Airport 2-15 of 15 Bid Forms June 2009 • • 3 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of ,2009 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and , a Florida corporation authorized to do business in the State of Florida ("Contractor.") WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing airfield signage, lighting and electrical services, and provide other improvements necessary to complete the Project hereunder; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: Airport Drive East Extension Sebastian Municipal Airport 3-1 of 32 Construction Services Agreement June 2009 0 ARTICLE I - THE CONTRACTUAL RELATIONSHIP 1.0 Employment of Contractor The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 Agreement Documents The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Bid Documents, Contract Proposal, Bond Forms, Plans and Technical Specifications, the Grant Agreement, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 Intent The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 Entire and Sole Agreement Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 Amendments The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-2 of 32 2.4 Construing Terms This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 Governing Law and Waiver of Trial by Jury This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 Term This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 Definition of Terms 3.1 General Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 Act Of God The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (Re: Bid Documents) A modification of the plans or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 Agreement A written agreement between the Contractor and Owner defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 A.S.T.M. Designation Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID or PROPOSAL The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE: Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian • on a National Bank, or a bond from a surety company duly licensed in the State of Florida. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-3 of 32 r� U 3.8 Bidder An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 Change Order A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 Contract Addendum A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 Contractor The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 Directed, Ordered, Approved & Etc. Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted", "acceptable", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 Entg, neer A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. 3.14 General Conditions The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 Inspector A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 Laboratory Any licensed and qualified laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 Owner City of Sebastian 3.18 Performance and Payment Bonds Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract Amount. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-4 of 32 3.19 Plans The official, approved plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 Proposal The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 Special Conditions Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. 3.22 Specifications The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 Subcontractor An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. • 3.24 Supplemental Agreement A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. • 3.25 Surety Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the Plans and Specifications called the Airport Drive East Extension Project, and all actions necessary to construct the same. 3.27 Work Order Work orders are work instructions including specification and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-5 of 32 • ARTICLE II - PERFORMANCE 4.0 Plans, Specifications and Related Data 4.1 Intent of Plans and Specifications The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 Conflict In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, calculated dimensions will govern over scaled dimensions; Technical Specifications shall govern over the general contract provisions, plans, and cited standards or FAA circulars; general contract provisions shall govern over plans, and cited standards or FAA circulars; and plans shall govern over cited standards or FAA circulars. 4.3 Discrepancies in Plans Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after • his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 Drawings and Specifications at Job Site One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-6 of 32 • thereof, along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 Dimensions Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 Sampling and Testing Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 Shot) Drawines The Contractor shall provide shop drawings, setting schedules and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Three (3) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return two (2) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit three (3) copies to the City. (d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 Quality of Equipment and Materials In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-7 of 32 • The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 Equipment Approval Data The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 Substitution of Equipment and/Or Material After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-8 of 32 u (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 5.0 Materials and Workmanship 5.1 Materials Furnished By the Contractor All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 Storage of Materials Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-9 of 32 5.3 Rejected Work and Material Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 Manufacturer's Direction Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 Skill and Character of Workmen All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged Is immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 5.6 Cutting and Patching The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. He shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his surveillance. 5.7 Cleaning Up The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after • twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-10 of 32 • cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 City's Ownership of Materials Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.9 Guarantee The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 Construction Staking To Be Performed By Contractor 6.1 Personnel, Equipment and Record Requirements isAdequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 Control Points Furnished By the City The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 Furnishing of Stake Materials The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 Layout of Work Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-11 of 32 • Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the Project. 6.5 Specific Staking Requirements Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. For bridge construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. 6.6 Pam The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 Coordination with City The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 Location of Existine Utilities and Pit)iniz All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of utilities which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City 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 governmental agency, at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the City, such authorized work is indicated on the plans. Except as indicated on the plans or contract documents, the Contractor shall not permit any individual, firm or corporation to excavate or otherwise disturb the utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconstruction, or maintenance as per this section, during the progress of the work, the Contractor shall cooperate with such owners in 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 indicated on the drawings. • When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-12 of 32 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 the same. 7.0 Progress and Completion of Work 7.1 Contractor's Obli ag tion Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required • federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 Start of Construction The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 Contract Time The contractor shall complete, in an acceptable manner, all of the Work in 120 days, subject to any Addenda or Change Orders hereto. 7.4 Schedule of Completion The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-13 of 32 . 7.5 Coordination of Construction; Preconstruction Conference The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 Property of Others A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 Protection of Existing Utilities and Facilities All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 Crossing Public Facilities When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below. 7.9 Changes in the Work The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall • require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-14 of 32 • price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 Extension of Contract Time No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. • 7.11 Correction of Work Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12 Liquidated Damages In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of five hundred dollars ($500) per day beyond the agreed milestones completion dates. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. 10 It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-15 of 32 8.0 Public Health and Safety 8.1 Protection of Persons and Property The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers-by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. A. Safety Precautions and Pro rg ams The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the 9 course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 8.2 Traffic Control All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-16 of 32 As to air traffic, it is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's 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 area of the airport with respect to its own operations and the operations of all its subcontractors as specified in Paragraph 8.15 below. It is further agreed and understood 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. With respect to its own operations and the operations of all its subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, as well as any other work area that may be hazardous to the operation of aircraft, fire -rescue equipment or maintenance vehicles at the airport. 8.3 Road Closure and Detours Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 Provision of Access Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to • dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 Warning Siens and Barricades A. Within Public Rights -Of -Way. The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Trac Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-17 of 32 Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. B. Within Airport Property. When the work requires closing an air operations area of the airport or a portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1F, marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and its 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 150/5370-2D, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2D. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 8.6 Open Trenches The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 Placement of Heavyquipment The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 Temporary Facilities and Controls The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 Sanitary Provision The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-18 of 32 Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 Water and Electric Supply The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 Noise Control The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.12 Dust Control The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.13 Water Control The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 Pollution. Siltation and Erosion Control The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. 8.15 Limitation of Operations The Contractor shall control its operations and the operations of its subcontractors and 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 its operations within the 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. When the contract work requires the Contractor to work within an Air Operations Area of the airport on an intermittent basis, the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the Air Operations Area, and immediately obey all Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-19 of 32 instructions to resume work in the Air Operations Area. Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations Area until the satisfactory conditions are provided. The Air Operations Area that cannot be closed to operating aircraft on a continuous basis, and will therefore only be closed on an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article III - Supervision and Administration 9.0 Engineer, City, Contractor Relations 9.1 Engineer's Responsibility and Authority All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 Engineer's Decision All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.3 Suspension of Work The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the • Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 Construction Review of Work All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City 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 review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 Field Tests and Preliminary Operation The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-20 of 32 • The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 Examination of Completed Work The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and 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 shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 Contractor's Superintendent A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 City's Right to Correct Deficiencies Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 City's Right to Terminate Contract and Complete Work In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever he shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.10 Rights of Various Interests Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-21 of 32 • 9.11 Separate Contracts The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the City any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 Subcontracts and Purchase Orders Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of his employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 Work During an Emergency The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. 9.14 Oral Agreements No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 Night, Saturday And/Or Sunday Work No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 Unauthorized Work Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-22 of 32 9.17 Use Of Completed Portions Of The Work The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 Contractor's Responsibility For Work Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 Measurement And Payment 10.1 Detailed Breakdown Of Contract Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. is 10.2 Request For Payment The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-23 of 32 Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 City's Action On A Request For Pam Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 City's Right To Withhold Payment Of A Request For Payment The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement . (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 Payment For Uncorrected Work Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 Payment For Rejected Work And Materials The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-24 of 32 subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 Chanizes In The Work A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. C. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of - 1. f 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-25 of 32 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement, whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the contract price based upon differing site conditions is specifically conditioned upon prior written approval of the additional compensation by City. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 Canceled Items Of Work The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. . 10.9 Payment For Work Suspended By The City If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. • 10.10 Payment For Work By The City The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 Payment For Work By City Following Termination Of Contract A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-26 of 32 B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 Termination Of Contractor's Responsibility The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 Release Of Claims (Interim/Final) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 Acceptance And Final Pam When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 Satisfaction Of Warranty Work After Final Payment The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 Public Contract Requirements 11.1 Covenant Against Contingent Fees The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability • and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-27 of 32 11.2 Interest Of Members Of City And Others No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 Certification Of Restrictions On Lobb The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal 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 agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 Interest Of Contractor The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 Public Entity Crimes The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 Drug -Free Workplace The Agreement documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 Compliance With Laws Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-28 of 32 Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 Insurance The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $5,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub- contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City and the Engineer as additional insured parties, prior to the start of construction as provided in the Contract. 11.9 Bond The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 Permits All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations. Contractor shall secure a building permit if required by the City's Building Official. 11.11 Laws To Be Observed The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and • decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-29 of 32 based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.12 Debarment And Suspension In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Contractor shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any • Federal department or agency; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Contractor's work under this Agreement. 12.0 Miscellaneous 12.1 Addresses For Notices All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 Written Notice Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 Taxes • Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-30 of 32 • • 12.4 Time Is Of Vital Importance It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 No Waiver Of LegalRi'ghts Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 Right To Work Product No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. Airport Drive East Extension Construction Services Agreement Sebastian Municipal Airport June 2009 3-31 of 32 • • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: By: Name: Sally A. Maio, CMC Title: City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Rich Stringer, City Attorney THE CITY OF SEBASTIAN By: Name: Al Minner Title: City Manager --------------------------- CONTRACTOR Signed, sealed and delivered in the presence of: Signature: By: Name: Name: Signature: Title: Name: Airport Drive East Extension Sebastian Municipal Airport 3-32 of 32 Contractor Construction Services Agreement June 2009 • GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 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. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 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. 10-11 CALENDAR DAY. Everyday shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 1 of 82 • 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commerical Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-24 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. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words 11 directed, required, permitted, ordered, designated, prescribed, or words of the like import are Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 2 of 82 • used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words approved, acceptable, satisfactory, or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-27 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. 10-28 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. 10-29 MATERIALS. Any substance specified for use in the construction of the contact work. 10-30 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. 10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "sponsor" shall have the same meaning as the term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport owner or sponsor only. 10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-33 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. 10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-35 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. 10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. • Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 3 of 82 • 10-37 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. 10-38 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. 10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-40 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-41 SPONSOR. See definition above of "Owner." 10-42 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, 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. 10-43 SUBGRADE. The soil which forms the pavement foundation. 10-44 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-45 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. 10-46 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 10-47 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. 10-48 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. 10-49 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 when 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 4 of 82 • • • Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 10 GP- 5 of 82 General Provisions June 2009 SECTION 20 • PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). A copy of the advertisement is included elsewhere in the bid package. 20-02 PREQUALIFICATION 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 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. 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 6 of 82 • proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. • 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the names, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 7 of 82 • except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the proiect 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 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 8 of 82 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 30 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. s 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 9 of 82 • fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 10 of 82 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that 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. 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work." Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 11 of 82 iExtra 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 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, flagperson, 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 12 of 82 accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/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 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 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 13 of 82 • Owner. END OF SECTION 40 • isAirport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 14 of 82 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. The Engineer shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that 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 responsibility 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. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, 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. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 15 of 82 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. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. 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 five 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 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. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her Iswork 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. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work contracted for under these specifications. The Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 16 of 82 0 check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades and/or alignment that are not in accordance with the plans or established by the Engineer, all construction not in accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner. No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses therewith. The cost thereof shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to: Clearing and Grubbing perimeter staking. Rough Grade slope stakes at 100 -foot stations. Drainage Swales slope stakes and flow line blue tops at 50 -foot stations. Subgrade blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas — minimum 3 per station d. Roadways — minimum 3 per station Base Course blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas — minimum 3 per station Pavement areas: a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 foot stations b. Between Lifts at 25 foot stations for the following section locations: (1). Runways — each paving lane width (2). Taxiways — each paving lane width (3). Holding areas — each paving lane width c. After finish paving operations at 50 foot stations (1). All paved areas — Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50 foot stations and at all break points with maximum of 50 foot offsets Fence lines at 100 foot stations Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, VASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs), pull boxes and manholes. Drain lines, cut stakes and alignment on 25 -foot stations, inlet and manholes. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting) Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet per pass (i.e. paving lane). NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. Airport Drive East Extension Sebastian Municipal Airport GP- 17 of 82 General Provisions June 2009 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 produce 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. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS 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 is titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 18 of 82 • No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 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 that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 19 of 82 contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been . completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. • Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 20 of 82 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. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, 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 ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The testing organizations performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Engineer. 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. The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 21 of 82 • 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: and, a. Conformance to the specified performance, testing, quality or dimensional requirements; b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the • material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: 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 that 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 ENGINEER'S FIELD OFFICE. Not Applicable 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 22 of 82 . 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. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner -furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 23 of 82 • SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC U 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES_ If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Owner (Utility or Other Facility) Location (See Plan Sheet No.) Person to Contact (Name, Title, Address and Phone) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 24 of 82 • 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the USC, the rules and regulations implementing the USC, 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 that are unsanitary, hazardous, or dangerous to his/her health or safety. • 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Section 40-05. 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, Standards for Airport Markings. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 25 of 82 . The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, 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. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. Is not allowed. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property 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 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. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage 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(s), action(s), or claim(s) 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. • 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 26 of 82 executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete 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. 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. Contractor shall be required to conform to safety standards contained AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions.) Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non - execution 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 27 of 82 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. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAH, 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. 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: Florida Power and Light Dennis G. Pagano, Project Manager 3301 Orange Ave. TCA/FP2 Ft. Pierce, FL 34947 Office Phone: (772) 489-6204 Cell Phone: (772) 979-6143 Indian River County Utilities Department 180127" St. Vero Beach, FL 32960 Phone: (772) 226-1834 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 28 of 82 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 Owner 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. 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 Owner reserves the right to • deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-15.1 FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the prosecution of the project work, shall comply with the following: a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. • b. The Contractor shall notify the above named FAA Airway Facilities Point -of -Contact seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. c. If prosecution of the project work requires a facility outage, the Contractor shall contact the above named FAA Point -of -Contact a minimum of 48 hours prior to the time of the required outage. d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities' standards to the satisfaction of the above named FAA Point -of -Contact. e. If the project work requires the cutting or splicing of FAA owned cables, the above named FAA Point -of -Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities' specifications and require approval by the above named FAA Point -of -Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 29 of 82 11 Airway Facilities restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice. 70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/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. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped 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. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 30 of 82 0 END OF SECTION 70 • • Airport Drive East Extension Sebastian Municipal Airport GP- 31 of 82 General Provisions June 2009 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. The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the 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. 80-03 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 AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/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 (AOA) of Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 32 of 82 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. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. SNo deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Engineer. r� 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 33 of 82 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. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as 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 Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the 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 Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar 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: Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 34 of 82 a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner 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 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 Owner'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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 35 of 82 • 0 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. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. 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. 80-08 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 (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 including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. SCHEDULE LIQUIDATED DAMAGES COST ALLOWED CONSTRUCTION TIME Bid Items $500 150 calendar days Additives $500 30 calendar days Punchlist/ Closeout $100 30 calendar days 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 waiver on the part of the Owner of any of its rights under the contract. 80-09 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 36 of 82 e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 37 of 82 • r\ U concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum or 200 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 200 feet of an active runway at any time. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 80 GP- 38 of 82 General Provisions June 2009 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 that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designated by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is 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 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 39 of 82 • 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, 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. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 40 of 82 • 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 weighing -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a • complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. • When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 41 of 82 0 • • 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 and the amount of such costs. 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. 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 42 of 82 . 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 the Owner's discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final retained percentage or final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 43 of 82 • 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. 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 44 of 82 • C7 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. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 90 GP- 45 of 82 General Provisions June 2009 SECTION 100 QUALITY CONTROL PROGRAM 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality • control requirements until the Quality Control Program has been reviewed. • The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. a. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least 7 calendar days before the pre -construction meeting. The Quality Control Program shall be organized to address, as a minimum, the following items: a. Quality control organization; Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 46 of 82 • • b. Project progress schedule; c. Submittals schedule; d. Inspection requirements; e. Quality control testing plan; f. Documentation of quality control activities; and g. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: (1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. (2) Engineer -in -training with 2 years of airport paving experience acceptable to the Engineer. (3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). Airport Drive East Extension Sebastian Municipal Airport GP- 47 of 82 General Provisions June 2009 0 (5) Highway materials technician certified at Level III by NICET. • (6) Highway construction technician certified at Level III by NICET. (7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. (2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. Airport Drive East Extension Sebastian Municipal Airport GP- 48 of 82 General Provisions June 2009 • 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: a. Specification item number; b. Item description; c. Description of submittal; d. Specification paragraph requiring submittal; and e. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating • condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. b. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: a. Specification item number (e.g., P-401); b. Item description (e.g., Plant Mix Bituminous Pavements); c. Test type (e.g., gradation, grade, asphalt content); Airport Drive East Extension Sebastian Municipal Airport GP- 49 of 82 General Provisions June 2009 . d. Test standard (e.g., ASTM or AASHTO test number, as applicable); e. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); L Responsibility (e.g., plant technician); and g. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically -based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by • the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: a. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: (1) Technical specification item number and description; (2) Compliance with approved submittals; (3) Proper storage of materials and equipment; (4) Proper operation of all equipment (5) Adherence to plans and technical specifications; (6) Review of quality control tests; and (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 50 of 82 • The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: (1) Technical specification item number and description; (2) Test designation; (3) Location; (4) Date of test; (5) Control requirements; (6) Test results; (7) Causes for rejection; (8) Recommended remedial actions; and (9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 51 of 82 • Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. • • 100-11 NONCOMPLIANCE. a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. (2) Order the Contractor to stop operations until appropriate corrective actions is taken. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 100 GP- 52 of 82 General Provisions June 2009 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the average (X) and sample standard deviation (S„) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index(s), QL for Lower Quality Index and/or Qu for Upper Quality Index, is computed and the PWL for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. IT IS THE INTENT OF THIS SECTION TO INFORM THE CONTRACTOR THAT, IN ORDER TO CONSISTENTLY OFFSET THE CONTRACTOR'S RISK FOR MATERIAL EVALUATED, • PRODUCTION QUALITY (USING POPULATION AVERAGE AND POPULATION STANDARD DEVIATION) MUST BE MAINTAINED AT THE ACCEPTABLE QUALITY SPECIFIED OR HIGHER. IN ALL CASES, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO PRODUCE AT QUALITY LEVELS THAT WILL MEET THE SPECIFIED ACCEPTANCE CRITERIA WHEN SAMPLED AND TESTED AT THE FREQUENCIES SPECIFIED. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification. e. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Find the sample average (X) for all sublot values within the lot by using the following formula: X=(XI +x2+x3+...xn)/n Where: X = Sample average of all sublot values within a lot X1, x2 = Individual sublot values n = Number of sublots e. Find the sample standard deviation (S„) by use of the following formula: Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 53 of 82 Sn = [(d12 + d22 + d32 + ...dn2) / (n-1)]112 Where: S„ = Sample standard deviation of the number of sublot values in the set d1, d2 = Deviations of the individual sublot values x1, x2 ... from the average value X that is: d1 = (x1 - X), d2 = (x2 - X) .. d„ _ (xn - X) n = number of sublots L For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL=(X-L)/Sn Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double sided specification limits (i.e. L and U), compute the Quality Indexes QL and Qu by use of the following formulas: QL=(X-L)/Snand Qu=(U-X)/Sn Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value Of PL or Pu. Determine the PWL by use of the following formula: PWL = (PU + PL) - 100 Where: PL = percent within lower specification limit Pu = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 n=4 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 54 of 82 • • • 2. Calculate average density for the lot. X=(X]+XZ+X3+..Xn)/n X=(96.60+97.55+99.30+98.35)/4 X = 97.95 percent density 3. Calculate the standard deviation for the lot. Sn = [((96.60 - 97.95)2 + (97.55 - 97.95)2 + (99.30 - 97.95)2+(g 8.35-97.95)2)) /(4- 1)]1/2 Sn=[(1.82+0.16+ 1.82+0.16)/3]12 S,,= 1.15 4. Calculate the Lower Quality Index QL for the lot. (L = 96.3) QL = (X - L) / Sr, QL = (97.95 - 96.30) / 1.15 QL = 1.4348 5. Determine PWL by entering Table 1 with QL= 1.44 and n= 4 PWL = 98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3.25 2. Calculate the average air voids for the lot. X= (XI +X+X3..n)/n X=(5.00+3.74+2.30+3.25)/4 X = 3.57 percent 3. Calculate the standard deviation S„ for the lot. Sn = [((3.57 - 5.00)2 + (3.57 - 3.74)2 + (3.57 - 2.30)2 + (3.57-3.25 )2) /(4- 1)]112 S,,=[(2.04+0.03+1.62+0.10)/3]12 S,, = 1.12 4. Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL=(X-L)/Sn QL = (3.57 - 2.00) / 1.12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1.41 and n = 4 Airport Drive East Extension Sebastian Municipal Airport GP- 55 of 82 General Provisions June 2009 i PL = 97 6. Calculate the Upper Quality Index Qu for the lot. (U= 5.0) Qu=(U-X)/S„ Qu = (5.00 - 3.57) / 1.12 Qu = 1.2702 7. Determine Pu by entering Table 1 with Qu = 1.29 and n = 4. Pu = 93 8. Calculate Air Voids PWL PWL = (PL + Pu) - 100 PWL =(97+93)- 100=90 EXAMPLE OF OUTLIER CALCULATION (Reference ASTM E 78) Project: Example Project Test Item: Item P-401, Lot A. A. Outlier Determination for Mat Density. . 1. Density of four random cores taken from Lot A. arranged in descending order. A-3 99.30 A-4 98.35 A-2 97.55 A-1 96.60 2. Use n=4 and upper 5 percent significance level of to find the critical value for test criterion = 1.463. 3. Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average: If: (measurement - average)/(standard deviation) is less than test criterion, Then: the measurement is not considered an outlier for A-3 Check if ( 99.30 - 97.95 ) / 1.15 greater than 1.463 1.174 is less than 1.463, the value is not an outlier b. For measurements less than the average: If (average - measurement)/(standard deviation) is less than test criterion, the measurement is not considered an outlier for A-1 Check if ( 97.95 - 96.60) / 1.15 greater than 1.463 1.0 is less than 1.463, the value is not an outlier • Airport Drive East Extension Sebastian Municipal Airport GP- 56 of 82 General Provisions June 2009 0 2.0 NOTE: In this example, a measurement would be considered an outlier if the density was: greater than (97.95+1.463x1.15) = 99.63 percent or, less than (97.95-1.463x1.15) = 96.27 percent • TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Positive Values of Q (QL and Qu) Within n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 Limits PL and Pu 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 Airport Drive East Extension Sebastian Municipal Airport GP- 57 of 82 General Provisions June 2009 • • TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Positive Values of Q (QL and Qu) Within n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 Limits PL and Pu) 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.000 0.0000 0.0000 0.0000 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 Airport Drive East Extension Sebastian Municipal Airport GP- 58 of 82 General Provisions June 2009 • • TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent I Positive Values of Q (QL and Qu) Within n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 Limits PL and Pu 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 110 GP- 59 of 82 General Provisions June 2009 SECTION 120 REQUIRED BID AND CONTRACT PROVISIONS BUY AMERICAN PREFERENCES.......................................................................................................... 60 CONTRACTUAL REQUIREMENTS PURSUANT TO CIVIL RIGHTS ACT OF 1964, TITLE VI(49 CFR PART 21)..................................................................................................................61 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS.....................................................................................................62 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES...............................................................63 ACCESS TO RECORDS AND REPORTS................................................................................................63 DISADVANTAGED BUSINESS ENTERPRISES....................................................................................63 ENERGY CONSERVATION REQUIREMENTS.....................................................................................64 BREACH OF CONTRACT TERMS..........................................................................................................64 RIGHTS TO INVENTIONS.......................................................................................................................64 TRADE RESTRICTION CLAUSE............................................................................................................64 VETERAN'S PREFERENCE.....................................................................................................................65 DAVIS-BACON ACT REQUIREMENTS (29 CFR PART 5)..................................................................65 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60 -1.4(b) ...................................................74 • CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 ................................75 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 ...........................76 EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3......................................................................................76 TERMINATION OF CONTRACT.............................................................................................................80 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (49 CFR PART 29).......................................................................81 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART5...........................................................................................................................................81 CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS ............................................ 82 • 1.0 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 60 of 82 • 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. L� • BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. Product Country of Origin 2.0 CONTRACTUAL REQUIREMENTS PURSUANT TO CIVIL RIGHTS ACT OF 1964, TITLE VI (49 CFR PART 21) 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 Airport Drive East Extension Sebastian Municipal Airport GP- 61 of 82 General Provisions June 2009 C] • • practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts, Including Procurements 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 obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain 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. 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. 3.0 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any Airport Drive East Extension Sebastian Municipal Airport GP- 62 of 82 General Provisions June 2009 transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 4.0 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1)No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2)If any funds other than Federal appropriated 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 any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 5.0 ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 6.0 DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the County. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County of Volusia. This clause applies to both DBE and non -DBE subcontractors. • Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 63 of 82 7.0 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) 8.0 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9.0 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. 10.0 TRADE RESTRICTION CLAUSE • The contractor or subcontractor, 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 of a foreign country included in the list of countries that discriminate 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 person 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 said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the 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 on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 64 of 82 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 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 Federal Aviation Administration 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. 11.0 VETERAN'S 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 as defined in Section 515(c)(1) and . (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. • 12.0 DAVIS-BACON ACT REQUIREMENTS (29 CFR PART 5) 1. Minimum Wages (i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent 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 such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or 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 29 CFR Part 5.5(a)(4). 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 65 of 82 • in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(11) 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. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) 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 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) 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 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) 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. (iii) 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. (iv) 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 66 of 82 for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -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 Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in • l(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 29 CFR 5.5(a)(1)(iv) 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. • (ii)(A) 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 Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) 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. (B) 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: (1) That the payroll for the payroll period contains the information required to be maintained under Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 67 of 82 paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) 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 the applicable wage determination incorporated into the contract. (C) 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 (3)(ii)(B) of this section. (D) 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. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor 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. 4. Apprentices and Trainees. (i) 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 90 days of probationary employment as an apprentice in such an 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 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 Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 68 of 82 • 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. (ii) 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 than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees 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 on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage 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. (iii) 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. 5. 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. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 69 of 82 of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. 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. 9. 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 or their representatives. 10. Certification of Eligibility. (i) 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). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 13.0 Davis Bacon Wage Rates Highway GENERAL DECISION: FL20080036 07/25/2008 FL36 Date: July 25, 2008 General Decision Number: FL20080036 07/25/2008 Superseded General Decision Number: FL20070036 State: Florida Construction Type: Highway Counties: Baker, Citrus, Columbia, Dixie, Flagler, Gilchrist, Hamilton, Indian River, Jefferson, Lafayette, Lake, Levy, Madison, Putnam, Sumter, Suwannee, Taylor, Union and Wakulla Counties in Florida. HIGHWAY CONSTRUCTION PROJECT (excluding tunnels, building structures in rest area projects, and railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; & other major bridges). Modification Number Publication Date Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 70 of 82 • o 02/08/2008 1 07/25/2008 * SUFL1993-001 08/01/1993 Rates Bricklayer/Brickmason............ $ 9.31 CARPENTER ........................$ 9.11 Concrete Finisher ................$ 8.29 ELECTRICIAN ......................$ 13.02 FENCE ERECTOR ....................$ 7.19 Form Setter ......................$ 7.87 INSTALLER - GUARDRAIL Erector .....................$ 8.44 Post Driver .................$ 10.38 Ironworkers: Reinforcing .................$ 9.58 Structural ..................$ 10.00 • Laborers: Asphalt Raker ...............$ 6.94 Pipelayer...................$ 7.78 Unskilled ...................$ 6.55 • N/A ..............................$ 7.31 PAINTER Blaster .....................$ 7.00 Power equipment operators: Asphalt Distributor ......... $ 6.74 Asphalt Paving Machine ...... $ 7.37 Asphalt Screed ..............$ 6.98 Backhoe .....................$ 8.56 Boom -Auger ..................$ 8.81 Bulldozer ...................$ 7.16 Concrete Groover/Grinder .... $ 8.50 Concrete Joint Saw .......... $ 9.83 Concrete Paving Finish Machine .....................$ 7.75 Crane, Derrick or Dragline..$ 9.78 Earthmover..................$ 6.55 Fork Lift ...................$ 6.55 Front End Loader ............ $ 6.97 Grademan....................$ 6.55 Mechanic ....................$ 7.69 Milling Machine Grade Checker .....................$ 6.55 Airport Drive East Extension Sebastian Municipal Airport GP- 71 of 82 Fringes General Provisions June 2009 • Milling Machine .............$ 8.39 Motor Grader. .$ 8.51 Mulching Machine ............ $ 6.55 Oiler, Greaseman............ $ 7.63 Pavement Striping Machine ... $ 8.23 Paving Striping Machine Nozzleman...................$ 7.31 Pile Driver .................$ 9.83 Power Subgrade Mixer ........ $ 7.00 Rollers: Finish .....................$ 7.03 Rough ......................$ 6.55 Self Prop., Rubber tires ... $ 6.55 Scraper .....................$ 7.11 Sign Erector ................$ 8.44 Small Tool ..................$ 6.75 Tractor, Light ..............$ 6.55 Trenching Machine ........... $ 6.96 Widening Spreader Machine ... $ 7.00 Traffic Controller Traffic Control Specialist..$ 6.87 Traffic Signalization: Installer ..................$ 10.19 Mechanics ..................$ 13.02 Truck drivers: • Lowboy ...........$ 7.90 Multi -Rear Axle............ .$ 6.55 Single Rear Axle ............ $ 6.55 ---------------------------------------------------------------- • 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 (29CFR 5.5 (a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under the 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: Airport Drive East Extension Sebastian Municipal Airport GP- 72 of 82 General Provisions June 2009 . * 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, DC 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, DC 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: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Airport Drive East Extension Sebastian Municipal Airport GP- 73 of 82 General Provisions June 2009 . 14.0 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(B) 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 ensure that applicants are employed, and that employees are treated during employment without 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 pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 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 considerations 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 s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the 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 of September 24, 1965, as • amended, 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 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. • 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of 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 procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 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 paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 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 administering agency may direct as a means of enforcing such provision, 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 administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 74 of 82 • 15.0 CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 16.0 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 17.0 Notice to Prospective Subcontractors of Requirements for Certification of Non -Segregated Facilities 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or 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 she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or 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, timeclocks, 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 she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 75 of 82 18.0 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: (Vol. 45 Federal Register pg. 65984 10/3/80) 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 non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and • women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of 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 [The City of Sebastian, Indian River County, Florida]. 19.0 EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR PART 60.4.3 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 to whom the Director delegates authority; Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 76 of 82 • 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 origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a 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 shall 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 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 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 11246 or the regulations promulgated pursuant thereto. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 77 of 82 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance 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 or its unions have employment opportunities available, and maintain a record of the organizations' responses. . c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason 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 person or female 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 include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 78 of 82 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 a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. 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 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 and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of 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 non -segregated 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 supervisor's 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 (18.7a through 18.7p). 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 any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort 40 to assure that the group has a positive impact on the employment of minorities and women in the industry, Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 79 of 82 • • ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the 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 underutilized. 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. 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 Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all 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). Airport Drive East Extension Sebastian Municipal Airport 20.0 TERMINATION OF CONTRACT GP- 80 of 82 General Provisions June 2009 a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e.The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 21.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (49 CFR PART 29) The bidder (offeror) certifies, by submission of this proposal or acceptance of this contract, that neither it is nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that 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/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 22.0 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and 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 1 above, in the sum of $10 for each calendar day on which such individual was Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 81 of 82 required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 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 1 through 4 of this section. 23.0 CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to 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, as amended, 42 U.S.C. 1857 is et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Airport Drive East Extension General Provisions Sebastian Municipal Airport June 2009 GP- 82 of 82 C7 • • SECTION 01000 - MOBILIZATION PART 1 - GENERAL 1.1 DESCRIPTION A. The work covered by this section consists of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for providing the items required by the General Provisions, Supplementary Conditions, and General Requirements including but not limited to: 1. The establishment of all temporary offices, buildings, fencing, staging areas, haul routes, and other facilities necessary for the work on the project; 2. Surveying and construction staking; 3. All barricades, barricade lights, and other safety devices. 4. Performance bond, labor and materials bond; 5. Insurance; and all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site. B. This item also includes all work outside the limits of construction that is necessary to demobilize and restores areas disturbed by the Contractor to their original condition including, but not limited to, pavement rehabilitation, grading, seeding, mulching, cleaning, and disposal. PART 2 - PRODUCTS (Not Used) PART 3 - EXCUTION 3.1 PAYMENT: A. All work covered by this section will be paid for at the contract lump sum price for "Mobilization". B. Partial payments for the item of "Mobilization" will be made with the first and second partial pay estimates paid on the contract, and will be made at the rate of 50 percent of the lump sum price for "Mobilization" on each of these partial pay estimates, less the retainage provided for in the Contract, provided the amount bid for "Mobilization" does not exceed 5 percent of the total amount bid for the base bid contract. C. Where the amount bid for the item of "Mobilization" exceeds 5 percent of the total amount bid for the base bid contract lump sum mobilization bid will be paid equally in the first, second, third, fourth, fifth, and sixth progress payments. 2-1/2 percent of the total amount bid will be paid on each of the first two partial pay estimates, and that portion exceeding 5 percent of the total amount bid for the contract will be paid on the last partial pay estimate. All such payments will be made less the retainage provided for in the Contract. D. C Payment will be made under: 01000 Mobilization — per Lump Sum Airport Drive East Extension Sebastian Municipal Airport Mobilization June 2009 • r� L • Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01000 01000-2 Mobilization June 2009 • SECTION 01010 - SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS: Contract Drawings, General Provisions, Supplementary Conditions, General Requirements, and other Special Provisions and Specifications apply to work of this section. 1.2 CONTRACT DOCUMENTS: Indicate the work of the Contract and related requirements and conditions that have an impact on the project. Related requirements and conditions that are indicated on the Contract Documents include, but are not necessarily limited to the following: A. Existing site conditions and restrictions on use of the site. B. Mandatory staging/sequencing. C. Requirements for partial utilization of various elements prior to substantial completion of the work. D. Work to be performed concurrently by the Owner. 1.3 SUMMARY BY REFERENCES: Work of the Contract can be summarized by references to the Contract, General Provisions, Supplementary Conditions, Specifications, Drawings, and Addenda and Modifications to the contract documents issued subsequent to the initial printing of this Project Manual, including but not necessarily limited to printed material referenced by any of these. It is recognized that work of the Contract is also unavoidably affected or influenced by governing regulations, natural phenomenon including weather conditions, and other forces outside the contract documents. 1.4 CONSTRUCTION PHASING: This project does not contain multiple phases, all work shall be done under a single phase. 1.5 CONSTRUCTION TIME: A. Time Schedule: The work as described by the contract specifications and as shown on the plans shall be completed and ready for use by the Owner within the time specified in GP -80 (commencing on the date of Notice -to -Proceed). The time schedule for completion of this project is critical and liquidated damages as prescribed in the Contract will be enforced. B. Material Delivery: Upon approval of the bid and securing the necessary funding by Owner, the Engineer will issue a Notice -of -Award. The Contractor shall then immediately order the entire airfield lighting materials including but not limited to lights, signs, regulator, etc. The Contractor shall furnish documentations confirming order date and material delivery date. 0 1.6 LIQUIDATED DAMAGES: Airport Drive East Extension Sebastian Municipal Airport 1 1 1 Summary of Work June 2009 • A. A.Owner and Contractor recognize that time is of the essence and that Owner will suffer financial loss if the work is not substantially complete in accordance with the time(s) specified herein. They also recognize the delays, expenses and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the amounts stipulated hereinafter. B. Contractor further understands and hereby expressly agrees that in addition to liquidated damages specified hereinafter, to pay the Owner the actual costs to Owner for any inspector or inspectors necessarily employed by Owner on the work and the actual costs to Owner for the Engineer's observation of construction and project representative services including all travel and subsistence expenses after the date specified for Project completion until the work is completed and ready for final payment. Further, the Contractor agrees that the sums to be paid the Owner may be deducted from the sum due the Contractor for work performed as provided in Section 90 of the General Provisions. LIQUIDATED DAMAGES SCHEDULE See GP -80 1.7 CONCURRENT WORK BY OWNER: A. Overlapping Work: The work to be performed may overlap work by others to be performed . concurrently. Each Contractor shall coordinate and schedule his work with the knowledge that each may be working the same area simultaneously. Each Contractor will be expected to cooperate with the Engineer, Owner, and other Contractors in the completion of the work. • B. Disputes: The Engineer, whose decision will be final, will decide any disputes arising between the Contractors. C. Coordination: Contractors shall coordinate their schedules and work activities very closely, including holding weekly meetings in the presence of the Engineer's onsite representative. Contractors must cooperate with each other, including working around each other's work activities. Potential delays as a result of lack of coordination will not be considered grounds for claim for additional time extensions and/or additional compensations. 1.8 CONTRACTOR USE OF PREMISES: A. Use of the Site: The Contractor shall confine his operations at the site to the areas permitted under the Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. B. Open Passage: Keep existing drives, entrances, and air operations areas designated to remain open, clear, and available to the Owner, his employees and the public at all times. Do not use these areas for parking or storage of materials. Airport Drive East Extension Sebastian Municipal Airport 01010-2 Summary of Work June 2009 C. Storage: Do not unreasonably encumber the site with materials or equipment. Confine 0 stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary, obtain Engineer's approval. D. Vehicle/Equipment Security: Lock automotive type vehicles, such as passenger cars and trucks, and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place. 1.9 WORK RESTRICTION: A. NAVAID Areas: During the time of construction, the Contractor may be restricted from working in or around certain essential electronic navigational aids necessary to the safe operation of the airport. The Contractor is hereby notified that the Engineer may restrict construction operations in those areas closest to the active runway and taxiways. B. Notice to Airmen (NOTAMS): The Contractor shall provide the necessary information on construction conditions so that the Owner can advise the Flight Service Station to issue a NOTAM in accordance with established criteria. All requests for NOTAMS for taxiway closures shall be made at least 48 hours in advance (not including weekends) by the Contractor to the Engineer. All requests for closure of a runway or for moving into a phase that requires the closure of a Navaid shall be made at least 7 days in advance (not including weekends) by the Contractor to the Engineer. C. Turf Restoration: All non -paved areas that are disturbed by the Contractor's work, staging area, haul roads, etc. shall be reseeded and restored to original condition by the Contractor. Except where otherwise specified, there will be no separate pay item for this work; it will be considered incidental to and included in the price bid for Section 01000, Mobilization. D. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. E. Haul Route on Airfield Pavement: Contractor will not be allowed to use any of the existing runways, taxiways, or aprons as part of the haul road unless authorized in writing by the Engineer. F. Access Points: All construction traffic shall enter and exit the project area only through the project access point(s) shown on the plans or approved by the Engineer. Contractor will be responsible for security of entrance gates under use by him/her. G. Construction Stakeout: The Contractor shall perform construction stakeout in accordance with Article 50-06 of the General Provisions. H. Haul Route: The Contractor shall be responsible for establishing haul routes suitable for supporting all necessary transportation and construction equipment for the duration of the project. Any existing roads or other areas that are used as part of the haul route shall be restored to their original condition after completion of the project. The Contractor will be responsible for all clean up operations of debris that may be on the haul route and for watering and/or other dust preventive measures to preclude fugitive dust from affecting buildings, occupants, or airfield operations. No separate payment will be made for seeding or mulching, or pavement Airport Drive East Extension Summary of Work Sebastian Municipal Airport June 2009 01010-3 restoration; such costs will be incidental to and included in the price bid for Section 01000, Mobilization. I. Airfield Safety Devices: Contractor shall maintain all airfield safety devices such as staked limit lines for the duration of the project as required. Damaged stakes or flagging shall be replaced immediately. Vehicular Markings and Lighting: All vehicles and equipment used on the airfield shall meet airport requirements for marking and lighting. K. Contracts During Non -Working Hours: For the duration of the project, the Contractor shall designate a list of authorized individuals in a prioritized order, to be on 24 hour call, and these individuals shall be equipped with a beeper and cellular phone. These individuals shall be able to respond to any situation arising out of the performance of the work on this project, particularly during nighttime hours, and shall respond and be on the project site within one hour after the phone call or beep. L. Airfield Pavement Cleanup: The Contractor shall promptly clean any and all debris arising from the project work that is left on operational airfield pavement. The Owner may remove any debris attributable to the Contractor found to be a hazard to aircraft. A fee of $250/hour will be assessed to the Contractor for all such cleaning and will be deducted on the next Contractor pay request. 1.10 COORDINATION: The work of this Contract includes coordination by the Contractor of the • entire work of the project, including preparation of general coordination drawings, diagrams and schedules, and control of site utilization, from beginning of construction activity through project close-out and warranty periods. • 1.11 PARTIAL OWNER OCCUPANCY OR USE: The Owner reserves the right to use completed and accepted work provided such use does not interfere with completion of other work. Such use will not affect warranty stipulations addressed elsewhere in the contract documents. PART 2 - PRODUCTS (Not Used.) PART 3 - EXECUTION 3.1 MEASUREMENT AND PAYMENT: Except as otherwise specified, no separate measurement or payment will be made for work set forth in this section; such costs will be considered as incidental to and included in the price for Section 01000, Mobilization, or other items as appropriate. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01010 01010-4 Summary of Work June 2009 �J SECTION 01030 -AIRPORT PROJECT PROCEDURES 170 INaE1W]NOaNI\ 1.1 INTRODUCTION: This project will include Contractor operations within or near active Air Operations Areas (AOA). The Airport will conduct normal aircraft operations during the course of this project, subject to certain restrictions called out in this section or elsewhere in the specifications. Therefore, to provide for the security and safety of Airport users and the Contractor's forces, as well as to minimize interruptions to aircraft operations, the Contractor shall limit his work within the areas designated and conduct his operations as specified. 1.2 Any fines or assessments levied against the Sponsor as a result of unauthorized intrusions in the AOA or other violations by the Contractor's personnel or those of his subcontractors will be passed on to the Contractor. In addition, the Contractor will be subject to a fine of $1,000.00 per incident, assessed by the Sponsor. 1.3 AIR OPERATION AREA (AOA) SAFETY REQUIREMENTS: A. Barricades: Existing runways, taxiways and aprons outside the limits of construction shall be separated from construction areas with barricades as shown on the plans and described in Section 01530. B. Radio Communication: N/A C. Runway and Taxiway Closures: No runway or Taxiway closures are necessary to complete the construction of this project. D. Navigational Aid Equipment: The project will be phased to permit work outside of and around certain FAA navigational aid (NAVAID) equipment such as approach light systems, localizer antenna, glide slope antenna, RVR projectors, middle and inner markers, etc. The Contractor shall notify the Engineer at least 7 days prior to disassembling or working around any NAVAID equipment so that a NOTAM can be issued indicating that the affected NAVAID will be impacted. 1.4 CONSTRUCTION SAFETY REQUIREMENTS: A. General: Safety Officer: The Contractor is required to employ a Safety Officer who will be the liaison between the Contractor, the Engineer and the Owner in all safety related matters for the duration of the project. The Safety Officer shall be on call 24 hours per day for emergency maintenance of airport hazard lighting, barricades, and other safety features. 2. Protection of Utilities: The Contractor shall be responsible for field marking and protecting all utilities within the construction limits. Storage of Equipment, Vehicles, and Materials: All equipment, vehicles, and materials must be stored in the designated storage or staging area or in areas acceptable to the Engineer. Airport Drive East Extension Sebastian Municipal Airport 01030- 1 of 5 Airport Project Procedures June 2009 4. Vehicular Markings: Contractor vehicles and equipment shall be marked with checkered flags and lighted with flashing beacons to comply with requirements of FAA AC 150/5210-513. All • vehicles and equipment shall display 3' x 3' flags, orange and white "checkerboard" pattern, with the squares being 1' x 1' each. All vehicles and construction equipment working during the night shall be equipped with an amber colored rotating beacon light. 5. Construction Methods Limitation: a. No open flames or burning will be allowed on Airport property except as specifically authorized by the Engineer in writing. b. Stockpiled material shall be constrained in a manner to prevent displacement by jet blast, prop blast, or wind, and shall be kept to a height that will not penetrate FAR Part 77 imaginary air space. 6. Safety and Accident Protection: a. The Contractor shall comply with all applicable federal, state, and local laws, ordinances, and regulations governing safety, health, and sanitation; shall provide barricades; and shall take any other needed actions, on his own responsibility, that are reasonably necessary to protect the life and health of employees on the job, the safety of airport users, the safety of moving and parked aircraft, and other property during the performance of the work. b. The Safety Officer's duties shall include accident prevention. 7. Navigational Aids: Airport navigational aid critical areas are shown on the drawings or will be indicated by the Engineer. The Contractor shall not enter these areas without the Engineer's approval. 8. FAA Advisory Circular: Except as otherwise specified, FAA AC 150/5370-2E and all its references shall be used in maintaining airport operational safety during construction. A copy of 40 this Advisory Circular is attached. B. Runway and Taxiway Safety Zones: Limitations: When necessary to accomplish construction in areas adjacent to runways and taxiways, the construction equipment, vehicles, and men are authorized to operate without interruption within the project limits, except within the following areas and as specified otherwise: a. Distance from runway centerline or runway end 1) - Within 200 feet. b. Distance from active taxiway centerline 1) - Within 66 feet. C. Runway approach areas 1) - No construction will take place in runway approach areas. 2. Request for Facility Closures: Construction activities on runways or taxiways or within the above -restricted areas shall only be performed at times when the runway or taxiways are closed to aircraft. The Contractor through the Engineer thereof must request closure of a runway or taxiway or any portion in writing. This request must indicate the areas needed and a schedule of operations and time(s) required for operations within the area. The Owner reserves the right, however, to shift any approved closure periods to alleviate aircraft congestion or when inclement weather conditions dictate. 3. Equipment Operation Restrictions: Contractor may be permitted to operate trenching machines and other equipment in the Runway and Taxiway Safety Zones provided all of the following conditions are satisfied: Airport Drive East Extension Airport Project Procedures Sebastian Municipal Airport June 2009 01030- 2 of 5 a. The equipment operator and/or crew foreman monitors the ATC ground frequency continuously, using a two-way radio transceiver. b. All equipment shall be cleared from the Runway or Taxiway Safety Zones during aircraft operations (landings, take -offs, and taxiing). C. All equipment within the Runway and Taxiway Safety Zones is manned and being used. No unnecessary or parked equipment will be allowed within the Runway and Taxiway Safety Zones. d. All excavated trenches and holes shall be backfilled, tamped and leveled to match existing grades before workmen leave the site at the end of each workday. 4. Stockpiles: Stockpiled materials shall not be permitted within the runway or taxiway safety zones. 5. Grading Requirements: All construction within a restricted area shall be performed in such a manner that, at the end of the closure period, it will leave the safety area with no abrupt grade changes or grades in excess of 5 percent, and with no trenches with depth or width greater than 3 inches. C. Obstructions to Navigation: Violation of Safety Zone Surfaces: Penetration of equipment, vehicles, materials, or men into the safety zones and approach surfaces requires the preparation and distribution of Notices to Airmen (NOTAM) in advance to the actual penetration. 2. Scheduling: When part of the work in this project is in violation of FAR Part 77, the clearance distance requirements from runway and taxiway edges shall be incorporated into the construction sequence schedule. At no time shall the construction limits of the area under construction violate the safety zones without prior notification to and approval by the Engineer. 3. Coordination and Communication: Work within and adjacent to active AOAs shall be coordinated with the Engineer prior to commencement of the activity. The construction superintendent and the resident inspector, both of which shall be in constant radio contact with ATC, shall accompany work crews in these areas. 1.5 SAFETY PLANNING: The Contractor shall integrate and maintain requirements of airport operational safety into each planning and work schedule. The Contractor's Safety Officer shall continuously monitor all planning schedules and work underway for compliance to AC 150/5370-2 (Latest Edition); and shall maintain vigilance to detect areas needing attention due to oversight or altered construction activities. Airport operational safety during construction will be on the agenda at the preconstruction conference and each coordination and progress meeting. 1.6 SECURITY REQUIREMENTS: The Contractor has the responsibility for maintaining control of the access gates or any other entrance to the AOA. The Contractor may utilize a gate guard or install an automatic operated gate controller with limited access with numeric keypad. The Contractor may be required to erect temporary fencing to protect the AOA during construction. The Contractor's method of maintaining security shall be set forth in his Security Plan and shall comply with the airport's rules and regulations concerning work in the airport restricted areas. There will be no separate measurement or payment for gate guards or temporary fencing required maintaining the integrity of the AOA. • Airport Drive East Extension Airport Project Procedures Sebastian Municipal Airport June 2009 01030- 3 of 5 1.7 TEMPORARY RELOCATED AND DISPLACED THRESHOLDS: Prior to initiating work in any area or phase of the project where a temporary relocated runway threshold is required, the Contractor shall provide the relocated runway threshold as indicated and scheduled. The relocated threshold shall remain in effect until all work in the area or phase is complete and accepted by the Engineer. 1.8 BARRICADES: Contractor shall provide barricades along active taxiway pavement areas, closed sections of the runway, and elsewhere as shown on the plans or directed by the Engineer while work is proceeding in the runway, taxiway, and apron areas. Barricades shall be sited and relocated during the course of the work to clearly identify areas closed to aircraft operations. 1.9 RUNWAY AND TAXIWAY CLOSURES: A. When a runway is required to be closed during any phase of the work and aircraft must access another runway during this period, at least one taxiway serving the air carrier apron and one taxiway serving the general aviation apron must remain open for this purpose at all times. The Contractor shall schedule his work to provide continuous access as described above. Barricades and/or closed taxiway markers shall be placed as directed by the Engineer. B. The Contractor shall coordinate and schedule runway and taxiway closures and temporary relocation of any runway threshold with Owner through Engineer before closure is required so that Owner can issue appropriate NO Tams. C. Runway and taxiway closures shall be scheduled in advance. Contractor shall identify taxiway closures with barricades and by covering taxiway lights within the closure limits. Remove barricades and covers • when no longer needed or as directed by Engineer. PART 2 -PRODUCTS 2.1 BARRICADES AND CLOSED RUNWAY MARKERS: Barricades and Closed Runway Markers, when required, shall be constructed as specified in Section 01530. 2.2 TEMPORARY RELOCATED (OR DISPLACED) THRESHOLD: A. N/A 2.3 RUNWAY NUMBER COVERS: Runway number covers are not used in this project. PART 3 - EXECUTION 3.1 LIMITATION OF CLOSURES: Only the Owner will make Airfield pavement closures. The Contractor shall request the closure through the Engineer from the Owner. 3.2 BARRICADE AND CLOSED RUNWAY MARKERS INSTALLATION: Install barricades and closed runway markers at locations shown on the drawings and where directed by Engineer. Anchor barricades Airport Drive East Extension Airport Project Procedures Sebastian Municipal Airport June 2009 01030- 4 of 5 11 and closed runway markers as specified in Section 01530. Maintain barricades and closed runway markers until removal is directed by Engineer. Barricade batteries shall be checked daily to insure adequate operation of the flashers during the night. Replace batteries as required. Upon removal of barricades and closed runway markers, repair any damage to pavement or surrounding area caused by barricades and closed runway markers. 3.3 TEMPORARY RELOCATED OR DISPLACED THRESHOLD: A. N/A 3.4 MEASUREMENT AND PAYMENT: Except as otherwise specified in Section 01530, no measurement or payment will be made for work in this section; it will be considered as incidental cost to Mobilization and other items of work. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01030 01030- 5 of 5 Airport Project Procedures June 2009 171 • SECTION 01040- PROJECT COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS: All contract documents and drawings apply to work of this section. 1.2 DESCRIPTION OF WORK: Administrative and supervisory requirements necessary for coordination of work on the project include but are not necessarily limited to the following: 1. Coordination and meetings. 2. Surveys and records or reports. 3. Limitations on use of site. 4. Special reports. 5. General installation provisions. 6. Cleaning and protection. 7. Conservation and salvage. PART 2 - PRODUCTS (Not applicable) PART 3 - EXECUTIONS 3.1 COORDINATION AND MEETINGS: A. General: The Contractor shall prepare a written memorandum on required coordination activities and include such items as required notices, reports and attendance at meetings. Distribute this memorandum to each entity performing work at the Project site. Prepare similar memorandum for separate Contractors where interfacing of their work is required. B. Preconstruction Conference: A Preconstruction Conference will be scheduled after award of Contract and prior to issuance of a Notice to Proceed. Key Project personnel representing the Prime Contractor and all major Subcontractors will be required to attend this Conference. All other parties involved with this Project, such as the Owner, Engineer, and FAA, will also be represented. All affected parties at the Preconstruction Conference will review the entire Construction Schedule carefully. The Contractor shall prepare a detailed Construction Schedule for review prior to and at the Preconstruction Conference. C. Coordination Meetings: The Contractor shall hold General Project Coordination Meetings at regularly scheduled times convenient for all parties involved. These meetings may be as often as weekly if required. These meetings are in addition to specified meetings held for other purposes, such as regular Project meetings and special Pre -installation Meetings. Request representation at each meeting by every party currently involved in coordination or planning for the work of the entire Project. Conduct meetings in a manner, which will resolve coordination problems. Record results of the meeting and distribute copies to everyone in attendance and to others affected by decision or actions resulting from each meeting. Airport Drive East Extension Project Coordination Sebastian Municipal Airport June 2009 01040 -1 of 4 is • 1. The Contractor shall also conduct daily coordination meetings with the Engineer's representative, FAA and designated Owner's representative to coordinate construction and airport operations. D. Progress Meetings: Conduct progress meetings in the field or by teleconference weekly and at the project site monthly. Notify the Owner and Engineer of scheduled meeting dates. Coordinate dates of meetings with preparation of the payment request. E. Attendees: In addition to representatives of the Owner and Engineer, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by persons familiar with the project and authorized to conclude matters relating to progress. F. Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the project, and to airport operational safety during construction. 1. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be expedited; secure commitments from parties involved doing so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 2. Other: Review the present and future needs of each entity present, including such items as: a) Interface requirements. b) Time. c) Sequences. d) Deliveries. e) Off-site fabrication problems. f) Access. g) Site utilization. h) Temporary facilities and services. i) Hours of work. J) Hazards and risks. k) Housekeeping. 1) Quality and work standards. m) Change orders. n) Documentation of information for payment requests. G. Reporting: No later than 3 days after each progress meeting date, distribute copies of minutes of the meeting to each party present and to other parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. H. Schedule Updating: Revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. Airport Drive East Extension Sebastian Municipal Airport 01040-2of4 Project Coordination June 2009 • • 3.2 SURVEYS AND RECORDS/REPORTS: A. Construction Staking: The Engineer has established survey base lines for the Contractor. The Contractor shall take all necessary precautions to prevent the loss or damage of primary control points. The Contractor will be responsible for staking required for construction. Working from lines and levels established by the design survey, establish and maintain benchmarks and other dependable markers required for construction. Establish bench marks and markers to set lines and levels for work at each stage of construction and elsewhere as needed to properly locate each element of the project. Calculate and measure required dimensions as shown within recognized tolerances. Drawings shall not be scaled to determine dimensions. Advise entities performing work of marked lines and levels provided for their use. B. Survey Procedures: Before proceeding with the layout of actual work, verify the layout information shown on the drawings, in relation to the property survey and existing benchmarks. As work proceeds, check every major element for line, level and plumb. Maintain a surveyor's log or record book of such checks; make this log or record book available for the Engineer's reference. Record deviations from required lines and levels, and advise the Engineer promptly upon detection of deviations that exceed indicated or recognized tolerances. Record deviations, which are accepted, and not corrected, on record drawings. Survey work shall be performed by and under supervision of a professional (registered) land surveyor in the State where the project is located. C. Quality of Work: The elevations of permanent and temporary benchmarks shall be determined and recorded to the nearest 0.01 foot. Differential leveling and transit traverses shall be of such precision that the error of vertical closure in feet shall not exceed plus or minus 0.1 foot in 5000 feet. The angular error of closure for transit traverses shall not exceed 1.0 -minute times the square root of the number of angles turned. 1. Slope stakes shall be placed, as a minimum, at 100 -foot stations, breaks in the original ground surface, and at any other intermediate stations necessary to insure accurate location for construction layout and measurement. Slope stakes and cross sections shall be perpendicular to the centerline. Significant breaks in grade shall be determined for cross sections. Distances shall be measured horizontally and recorded to the nearest 0.1 foot. Side shots for interim construction stakes may be taken with a hand level. D. Records: All survey data shall be recorded in fully identified, standard hardbound engineering survey field notebooks with consecutively numbered pages. All field notes and printed data shall include the purpose or description of the work, the date the work was performed, weather data, sketches and the personnel who performed and checked the work. Electronically generated survey data and computations shall be bound, page numbered and cross-referenced in a bound field notebook containing the index for all survey data. 1. The construction survey records shall be available at all times during the progress of the work for examination and use by the Engineer and copies shall be made available to the Engineer upon request. The original field notebooks and other records shall be turned over to and become the property of the Owner prior to final acceptance of the work. E. Quality Assurance Survey Services: Contractor shall furnish surveying services required to establish horizontal and vertical location of soil density tests by Owner's QA testing laboratory. F. Engineer Services: Engineer will furnish available benchmark and coordinate information at no cost to Contractor. Airport Drive East Extension Project Coordination Sebastian Municipal Airport June 2009 01040 - 3 of 4 . 3.3 LIMITATIONS ON USE OF THE SITE: A. General: Limitations on site usage as well as specific requirements that impact site utilization are indicated on the drawings and by other contract documents. Schedule deliveries so as to minimize space and time requirements for storage of materials and equipment on site. • B. Waste Disposal: Waste materials shall be disposed of off airport property except as specified otherwise in Contract Documents. 3.4 MEASUREMENT AND PAYMENT: No measurement or payment will be made for work in this section; it will be considered as incidental cost to Mobilization and other items of work. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01040 01040 - 4 of 4 Project Coordination June 2009 • SECTION 01060 -CONTROL OF EROSION, SILTATION AND POLLUTION PART 1 -GENERAL 1.1 REQUIREMENTS: The Contractor shall take all measures necessary to minimize soil erosion, situation, water pollution, and air pollution caused by his operations. The Contractor shall comply with the applicable regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall keep himself fully informed of all such regulations which in any way affect the conduct of the work, and shall at all times observe and comply with all such regulations. In the event of conflict between such regulations and the requirements of the specifications, the more restrictive requirements shall apply. 1.2 The Engineer will limit the area over which clearing, grubbing, excavation, borrow, and embankment operations are performed whenever the Contractor's operations do not make effective use of construction practices and temporary measures which will minimize erosion, or whenever effective erosion control features are not being completed as soon as permitted by construction operations. 1.3 EROSION CONTROL SCHEDULE: Except as otherwise specified, the Contractor shall submit to the Engineer for his approval 3 copies of his erosion control schedule at the time of the preconstruction conference. This schedule shall show the time relationship between phases of the work, which must be coordinated to reduce erosion, and shall describe construction practices and temporary erosion control measures, which will be used to minimize erosion. The schedule shall also show the Contractor's proposed method of erosion control on haul roads and borrow and material pits, and his plan for disposal of waste materials. No work shall be started until the erosion control schedule and the Engineer has approved methods of operations. PART 2 - PRODUCTS (Not used) PART 3 - EXECUTION 3.1 EROSION AND SILTATION CONTROL: The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent the eroding of soil and silting of rivers, streams, lakes, reservoirs, other impoundments, ground surfaces, or other property. Prior to suspension of operations on the project or any portion thereof, the Contractor shall take all necessary measures to protect the construction area, including but not limited to borrow pits, soil type base courses, and waste areas, from erosion during the period of suspension. 3.2 COORDINATION OF EROSION CONTROL OPERATIONS: A. Temporary and permanent erosion control measures shall be provided as shown on the plans or as directed by the Engineer. All permanent erosion control work shall be incorporated into the project at the earliest practicable time. Temporary erosion control measures shall be coordinated with permanent erosion control measures and all other work on the project to assure Airport Drive East Extension Control Of Erosion, Siltation and Pollution Sebastian Municipal Airport June 2009 01060 - I of 4 economical, effective, and continuous erosion control throughout the construction and post construction period and to minimize situation of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property. B. Temporary erosion control measures shall include but not be limited to the use of temporary beams, dikes, dams, silt fences, drainage ditches, silt basins, diversion ditches, slope drains, structures, vegetation, mulches, mats, netting, gravel, rip rap, or any other methods or devices that are necessary. Temporary erosion control measures may include work outside the construction limits where such work is necessary as a result of construction such as borrow pit operations, haul roads, plant sites, equipment storage sites, and disposal of waste or debris. The Contractor shall be liable for all damages to public or private property caused by silting or slides originating in waste areas furnished by the Contractor. C. Materials for temporary erosion control measures shall be approved by the Engineer before being used or shall be as directed by the Engineer. D. The Contractor shall acceptably maintain erosion control measures installed by the Contractor. 3.3 WATER AND AIR POLLUTION: A. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution of rivers, streams, and water impoundments. Pollutants such as chemicals, fuels, lubricants, bitumen, raw sewage, and other harmful waste shall not be discharged into or alongside of rivers, streams, or impoundments, or into natural or manmade channels leading thereto. B. The Contractor shall comply with all Federal, State or local air pollution regulations throughout the life of the project. 3.4 OPEN BURNING OF COMBUSTIBLE WASTES: Where and if burning is permitted by the specifications, the following conditions shall apply: A. No tires, oils, asphalt, paint, or coated metals are permitted in combustible waste piles. B. Burning shall not be permitted unless the prevailing wind is away from a nearby town, built-up area, or aircraft operations area. C. 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, built-up area, or aircraft operations area. D. Burning shall not be permitted when the danger of brush or forest fires is made known by State, local, or Federal officials. E. The size and number of fires shall be restricted to avoid the danger of brush or forest fires. Burning shall be done under surveillance of a watchman, who shall have fire -fighting equipment and tools readily available. 3.5 DUST CONTROL: Airport Drive East Extension Sebastian Municipal Airport 01060 - 2 of 4 Control Of Erosion, Siltation and Pollution June 2009 A. The Contractor shall control dust throughout the life of the project within the project area and at all other areas affected by the construction of the project, including, but not specifically limited to unpaved roads, haul roads, access roads, disposal sites, borrow and material pits, and production sites. Dust control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. B. The Contractor will not be directly compensated for any dust control measures necessary; this work will be considered incidental to the work covered by the various contract items. 3.6 APPLICATION OF SPECIFICATIONS: The provisions of this section shall apply to all construction operations. Further references and detailed requirements concerning erosion, situation, and pollution prevention and control, may be given in other sections of the specifications and on the drawings. 3.7 CONTRACTOR'S INSPECTION AND REPORT: The Contractor shall make an inspection of the construction site on a weekly basis and after each potentially damaging rainfall. Note shall be taken of any damage to existing erosion control features and of situation problems encountered during the inspection. In a report to the Engineer, the Contractor shall outline his corrective measures to be undertaken and the date of implementation. 3.8 TEMPORARY SUSPENSION OF WORK: Failure of the Contractor to fulfill any of the requirements of this section may result in the Engineer ordering the stopping of construction operations in accordance with the following: A. The Engineer shall have the authority to suspend the work wholly or in part by written order, for such periods as he may deem necessary due to conditions considered unfavorable for the suitable prosecution of the work, or to failure on the part of the Contractor to correct conditions unsafe for workmen or the general public or to carry out orders given or to perform any provisions of the contract. Such suspension of operations will not justify an extension of contract time. B. Failure on the part of the Contractor to perform the necessary measures to control erosion, situation, and pollution will result in the Engineer notifying the Contractor to take such measures. Any fine, penalty or other cost assessed by State, local or other governmental agencies for non-performance of erosion, situation or pollution controls against the Owner shall become the responsibility of the Contractor; such assessments, if not paid by the Contractor, shall be deducted from monies due the Contractor at the completion of the job. In the event that the Contractor fails to perform such measures within 24 hours after receipt of such notice, the Engineer may suspend the work as provided above, or may proceed to have such measures performed by others. The cost of such work performed by others will be deducted from monies due the Contractor on his contract. 3.9 PAYMENT: Except where specified otherwise elsewhere in the specifications or on the bid form, there will be no direct payment for any work in connection with the requirements of this section; the work shall be considered incidental to demolition, clearing, grubbing, grading, excavation, embankment, or other operations. Airport Drive East Extension Control Of Erosion, Siltation and Pollution Sebastian Municipal Airport June 2009 01060 - 3 of 4 • PA Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01060 01060 - 4 of 4 Control Of Erosion, Siltation and Pollution June 2009 • • L , SECTION 01070 ABBREVIATIONS AND SYMBOLS PART 1 -GENERAL A. DESCRIPTION: 1. Abbreviations that may be used in the Contract Documents including the drawings are listed in this section and have the identifications and meanings shown herein except where otherwise indicated. 2. Symbols are identified on the drawings. 3. Related requirements in other parts of the Contract Documents. a. Drawing symbols: Contract drawings b. Drawing abbreviations: Contract drawings. B. ABBREVIATIONS: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AF Air Force AGCA Associated General Contractors of America AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANG Air National Guard ANSI American National Standard Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWG American Wire Gage AWS American Welding Society AWWA American Water Works Association COE Corps of Engineers CRSI Concrete Reinforcing Steel Institute FAA Federal Aviation Administration FHWA Federal Highway Administration FS Federal Specifications MUTCD Manual on Uniform Traffic Control Devices For Streets and Highways NEMA National Electrical Manufacturers Association NEC National Electrical Code NWS National Weather Service OSHA Occupational Safety and Health Act PCA Portland Cement Association UL Underwriter's Laboratories, Inc. DHPT Department of Highways and Public Transportation DOT Department of Transportation HD Highway Department C. Drawing Abbreviations: 1. The following list is not necessarily all-inclusive; additional abbreviations may be used and defined on the drawings. 2. Some abbreviations used on the drawings may not have the same meaning as that identified in the following list; the non -conforming meanings are identified on the drawings when not self-evident. 3. Some variation in use of periods and capitalization may be found on the drawings. Airport Drive East Extension Abbreviations and Symbols Sebastian Municipal Airport June 2009 01070 -1 of 4 Airport Drive East Extension Sebastian Municipal Airport 01070 - 2 of 4 Abbreviations and Symbols June 2009 ABBRV MEANING ABBRV MEANING AB Anchor Bolt ALIGN Alignment ABT About ALP Airport layout plan ABV Above ALS Approach lighting system AC Advisory Circular (FAA) ALT Alternate AC Alternating current ANT Antenna AC Asphaltic concrete AOA Air operational area ACFT Aircraft AP Airport ADDN Addition APPROX Approximate AF Air Force ARCH Architecture AGG Aggregate ARP Airport reference point AIP Airport Improvement ASPH Asphalt Program ATC Air traffic control CPP Corrugated polyethylene pipe ATCT Air traffic control tower CPS Cycles per second AVE Avenue CTB Cement treated base course AVG Average AWG American wire gage CULV Culvert CY Cubic yard AWOS Automatic weather observing B TO B Back to back systems D Depth BCN Beacon DAT Datum BDY Boundary DBL Double BET Between BF Both faces BIT Bituminous BLDG Building DBST Double bituminous surface treatment BL Base line DC Direct current BM Bench mark BOT Bottom DEF.ANG. Deflection angle BRL Building restriction line DEG Degree DEMO Demolish BRK Brick DI Drop inlet BS Both sides DIA Diameter BTW Between BW Both ways . DIP Ductile iron pipe DIM. Dimension DIR Direction DIST Distant C Centigrade DIV Division C TO C Center to center DO Ditto CA Cable DSGN Design CB Catch basin DTD Dated DWG Drawing CBM Construction benchmark CD Check dam CEM Cement EA Each CFM Cubic feet per minute EF Each face EG For example EJ Expansion joint EL Elevation CFS Cubic feet per second CHAM Chamfer ENGR Engineer CHG Change CHK Check Cl Cast iron CIP Cast iron pipe CJ Construction joint CL Clear C/L Center line CLR Clearance CMP Corrugated metal pipe CO Cleanout CONC Concrete CONST Construction CONT Continue CORR Corrugate EOP Edge of pavement EQ Equal EQUIP Equipment EQUIV Equivalent EST Estimate EW Each way EXC Excavate EXIST Existing EXT Exterior ILS Instrument landing system F Fahrenheit F TO F Face to face FAB Fabricate FAR Federal Aviation Regulation FBO Fixed base operator FDN Foundation FF Finish floor FG Finish grade FH Fire hydrant FIG Figure FIN Finish FLD Field FOD Foreign object damage Airport Drive East Extension Sebastian Municipal Airport 01070 - 2 of 4 Abbreviations and Symbols June 2009 Airport Drive East Extension Sebastian Municipal Airport 01070 - 3 of 4 Abbreviations and Symbols June 2009 ABBRV MEANING ABBRV MEANING FPM Feet per minute FPS Feet per second FS Federal Specification FT Foot or feet FTG Footing FW Fresh water FWD Forward GA Gage or Gauge GAL Gallon GALV Galvanize GEN General GFE Government -furnished equipment GOVT Government GPM Gallons per minute GPS Gallons per second GRD Ground or grade GV Gate valve GVGI Generic visual glide slope indicator HP High point HGR Hangar HGT Height HH Hand hole HIRL High intensity runway lights HMAC Hot mix asphaltic concrete HOR Horizontal HWY Highway ID Inside diameter IDENT Identification IFR Instrument flight rule IN. Inch INCL Include INT Intersect INV Invert IP Inlet protection IP Iron pipe JB Junction Box JFR Jet fuel resistant JMF Job mix formula JT Joint K Kip (1,000 lb) KWY Keyway L Left LAT Latitude LB Pound LC Length of curve LF Linear feet LG Length or long LIN Linear LIRL Low intensity runway lights LITL Low intensity taxiway lights LOA Length over-all LOC Localizer LONG Longitudinal LP Low point LS Lump sum LT Light LVC Length of vertical curve MAINT Maintenance MALS Medium intensity approach MATL Material lighting system MAX Maximum MH Manhole MHW Mean high water MIN Minimum PVI Point of vertical intersection MIRL Medium intensity runway lights MITL Medium intensity taxiway lights MISC Miscellaneous MLS Microwave landing system MLW Mean low water MON Monument MSL Mean sea level MTL Metal NATL National NAVAID Navigational aid NIC Not in contract NO Number NOM Nominal NOTAM Notice to airmen NTS Not to scale OA Over-all OC On center OD Outside diameter OFZ Obstacle free zone OPS Operations ORIG Original PAPI Precision approach path PAR Precision approach radar indicator PAV'T Pavement PC Point of curve PCC Portland cement concrete PFC Porous friction course PI Point of intersection PIV Post indicator valve PJF Premolded joint filler POL Petroleum fuel, oil, and/or lubricants PL Plate PREP Prepare PROJ Project PROP Proposed PSI Pounds per square inch PT Point PT Point of tangency PVC Polyvinyl chloride PVC Point of vertical curve PVT Point of vertical tangency PVMT Pavement QA Quality assurance QC Quality control R Right R Radius RAIL Runway alignment indicator lights RW Runway RC Reinforced concrete RCP Reinforced concrete pipe RD Road REF Reference REIL Runway end identifier lights Airport Drive East Extension Sebastian Municipal Airport 01070 - 3 of 4 Abbreviations and Symbols June 2009 40 D. SYMBOLS: 1. As outlined on drawings. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport ABBRV ABBRV REINF MEANING Reinforce Relocated REP Repair REV RET Return Right of way ROC Run of crusher S RPM Revolutions per minute Salvage RR Railroad SCHED SABC Stabilized aggregate base course SAN Sanitary SBST Single bituminous surface treatment SEC Second SECT Section SF Silt fence SHT Sheet SIM Similar SP Space(s) SQ Square STA Station STL Steel SUPP Supplement SYM Symbol SY Square yards T Thick T&B Top and bottom TECH Technical TEMP Temperature THRU Through TOC Top of curb TOL Tolerance TRANS Transformer TW Taxiway UD Underdrain UGT Underground telephone line VASI Visual approach slope indicator VC Vertical curve VERT Vertical VS Versus W/ With W/O Without WWF Welded wire fabric X By (used between dimensions) YD Yard 40 D. SYMBOLS: 1. As outlined on drawings. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport ABBRV MEANING RELOC Relocated REQD Required REV Revise ROW Right of way RPZ Runway protection zone S Slope SALV Salvage SB Straw bale SCHED Schedule SEC Cor SEP SF SHLD SK SPEC SS STD STR SWG SYM SYS T TBM TEL THK TL TOG TOP TSD TYP UG USGS VB VCP VFR W W GT WL WP XSECT END OF SECTION 01070 01070 - 4 of 4 Section corner Separate Square feet Shoulder Sketch Specification Stainless steel Standard Structural Swing Symmetrical System Ton Temporary bench mark Telephone Thick Taxilane Top of grate Top of pavement Temporary slope drain Typical Underground United States Geodetic Survey Valve box Vitrified clay pipe Visual flight rules Water Weight Water line Working point Cross section Abbreviations and Symbols June 2009 0 SECTION 01090 -REGULATIONS AND DEFINITIONS PART 1 -GENERAL • 1.1 RELATED DOCUMENTS: Drawings, General Provisions, Supplementary Conditions, Specifications, and other contract documents apply to work of this section. See Section 10 of General Provisions for additional definitions. 1.2 DESCRIPTION OF REQUIREMENTS: A. General: This section specifies procedural and administrative requirements for compliance with governing regulations, codes and standards imposed upon the work. These requirements include obtaining permits, licenses, inspections, releases and similar documentation, as well as payments, statements and similar requirements associated with regulations, codes and standards. B. The term "Regulations" is defined to include laws, statutes, ordinances and lawful orders issued by governing authorities, as well as those rules, conventions and agreements within the construction industry which effectively control the performance of the work regardless of whether they are lawfully imposed by governing authority or not. C. Governing -Regulations: Refer to General Provisions, Supplementary Conditions, and General Requirements for requirements related to compliance with governing regulations. 1.3 DEFINITIONS: A. General—Explanation: Certain terms used in contract documents are defined in this article. Definitions and explanations contained in this section are not necessarily complete, but are general for the work to the extent that they are not stated more explicitly in another element of the contract documents. B. General -Requirements: Provisions and requirements of Division 1 sections apply to the entire work of the contract and, where so indicated, to other elements which are included in the project. C. Indicated: The term "indicated" is a cross-reference to graphic representations, notes or schedules on the drawings, to other paragraphs or schedules in the specifications, and to similar means of recording requirements in contract documents. Where terms such as "shown", "noted", "scheduled", and "specified" are in lieu of "indicated", it is for the purpose of helping the reader locate the cross-reference, and no limitation of locations is intended except as specifically noted. D. Directed, Requested, etc.: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", "accepted", and "permitted" mean "directed by the Engineer", "requested by the Engineer", and similar phrases. However, no such implied meaning will be interpreted to extend the Engineer's responsibility into the Contractor's area of construction supervision. Airport Drive East Extension Regulations and Definitions Sebastian Municipal Airport June 2009 01090 - 1 of 2 • • �J E. Approved: Where used in conjunction with the Engineer's response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the term "approved" will be held to limitations of the Engineer's responsibilities and duties as specified in General Provisions and Supplementary Conditions. In no case will the Engineer's approval be interpreted as a release of the Contractor from responsibilities to fulfill requirements of contract documents or acceptance of the work, unless otherwise provided by requirements of the contract documents. F. Project Site: The term "project site" means the space available to the Contractor for performance of the work, either exclusively or in conjunction with others performing other construction as part of the project. The extent of the project site is shown on the drawings. G. Furnish: The term "furnish" is used to mean "supply and deliver to the project site, ready for unloading, unpacking, assembly, installation, and similar operations." H. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations." I. Provide: The term "provides" means "to furnish and install, complete and ready for the intended use." J. Installer: The "installer" is the "the entity" (person or firm) engaged by the Contractor, its subcontractor or sub -subcontractor for performance of a particular element of construction at the project site, including installation, erection, application and similar required operations. It is a requirement that installers are experienced in the operations they are engaged to perform. 1.4 SUBMITTALS: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01090 01090-2of2 Regulations and Definitions June 2009 • • SECTION 01095-NPDES PERMIT CONFORMANCE PART 1 - General Information: A. The NPDES program is established under 40CFR122.2 B. The United States Environmental Protection Agency (EPA) issued a National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges from Construction Activities that are classified as "Associated with Industrial Activity." This Construction General Permit covers all areas administered by EPA Region 4, which includes Florida. The Construction General Permit was published in Federal RegisterNol. 63, No. 61/Tuesday, March 31, 1998 and is available on EPA's web site or from the Owner. C. The NPDES permit program requires a Construction General Permit if the construction activity will disturb five acres or greater, or will disturb less than five acres but is part of a larger common plan of development or sale whose total land disturbing activities total five acres or greater (or is designated by the NPDES permitting authority); and will discharge storm water runoff from the construction site into a municipal separate storm water sewer system (MS4) or waters of the United States. D. For this contract, the Engineer has determined that a Construction General Permit is required. It is therefore required that the Contractor read the permit requirements in the Construction General Permit cited in paragraph C, develop and implement a Storm Water Pollution Prevention Plan (SWPPP), to supplement the Notice of Intent (NOI) which has been prepared by the Engineer and submitted to The Florida Department of Environmental Protection (FDEP). It will be the responsibility of the Contractor to complete and submit a Notice of Termination (NOT). E. Detailed guidance on the development of the SWPPP is contained in EPA Publication EPA 832- R-92-005 dated September 1992, titled Storm Water Management for Construction Activities — Developing Pollution Prevention Plans and Best Management Practices. PART 2 - Specific Requirements: A. The Contractor shall develop, implement and comply with a plan specifically designed for this construction site and including Best Management Practices (BMPs) and controls which prevent the pollution of storm water discharges. B. The Contractor shall incorporate into the SWPPP all applicable requirements specified in state or local sediment and erosion control plans or permits or storm water management plans or permits. The Contractor shall submit a certification that the SWPPP reflects these requirements and that these requirements will be complied with during the term of the contract. C. Prior to commencement of construction, the SWPPP must be prepared and certified by the Contractor. Notice of Intent (NOI) must be forwarded to the Environmental Protection Agency (with an information copy to the Owner) at least 48 hours prior to any land clearing. D. Recordkeeping: The Contractor shall maintain the Plan and the associated records and reports, including documentation of the required inspections. These documents shall be maintained at Airport Drive East Extension Sebastian Municipal Airport 01095 - 1 of 2 NPDES Permit Conformance June 2009 • • the job site until the site is finally stabilized. Thereafter, the Contractor (Permittee) shall keep the SWPPP and all reports for at least three years. E. Report Submittal: The Contractor shall include with each payment request two (2) sets of information copies of all required inspection reports, certifications and notifications. Inspection reports to be submitted shall include both weekly reports and special reports required after rainfall events in excess of 0.5". The regulations specifically require an onsite rain gauge. It is recommended that the Contractor record rainfall amount daily. Payment requests will not be processed in the absence of these submittals. F. When the construction activity has ceased and all areas affected by the work are stabilized, the Contractor shall prepare, certify and submit the required Notice of Termination to the Environmental Protection Agency and the Owner. Final payment application will not be processed in the absence of these submissions. G. The NPDES NOI has been obtained by the Engineer from the Florida Department of Environmental Protection. It shall be the responsibility of the Contractor to prepare the SWPPP for pollution prevention during construction. Guidance may be obtained from the EPA "Best Management Practices", and EPA's "A Brief Guide to Requirements for Developing and Implementation Pollution Prevention Plans for Construction Sites." PART 3 - PRODUCTS (Not Applicable) PART 4 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01095 01095 - 2 of 2 NPDES Permit Conformance June 2009 • • • SECTION 01150 - MEASUREMENT AND PAYMENT PART 1 - GENERAL n��01904131 11910 A. Method of Measurement and Payment: This section supplements Section 90 of the General Provisions and establishes the method of measurement and payment for work performed under this contract. B. Unit Price: Except where lump sum is indicated, payment for work performed shall be made on a unit price basis in accordance with the accepted bid and the method of payment provided in the General Provisions. C. Related Requirements in Other Parts of the Specifications: 1. Bid (Proposal) 2. Agreement. 3. Conditions of the Contract. D. Related Requirements Specified in Other Sections: 1. Summary of Work - Section 01010. 2. Submittals - Section 01300. Contract Closeout - Section 01700. E. Work With No Identified Payment Items: No additional payment will be made for items of work for which a separate payment item is not specified or contained in the Bid Schedule; such work shall be deemed incidental to the project and payment for said work shall be considered as included in the various unit bid prices. 1.2 APPLICATIONS FOR PAYMENT: A. Submittal Schedule: Submit Applications for Payment to the Engineer in accordance with the schedule established by Conditions of the Contract and Agreement between Owner and Contractor. B. Format and Data Required: 1. Submit Applications for Partial Payment on the form required by Owner with itemized data typed on 8 1/2 x 11 inch white paper continuation sheets. 2. Provide itemized data on continuation sheet: Format, schedules, line items and values: Those of the Schedule of Values accepted by the Engineer. C. Preparation of Application for Each Progress Payment: 1. Application Form: a. Fill in required information, including that for Change Orders executed prior to the date of submittal of application. b. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. C. Execute certification with the signature of a responsible officer of the contract firm. Airport Drive East Extension Measurement and Payment Sebastian Municipal Airport June 2009 01150 - 1 of 3 2. Continuation Sheets: a. Fill in total list of all scheduled component items of work, with item number and the scheduled dollar value for each item. b. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored. Round off values to the nearest dollar, or as provided in the bid. 3. List each Change Order executed prior to the date of submission, at the end of the continuation sheets. a. List by Change Order and description, as for an original component item of work. 1) Submit Applications for Payment to Owner at the times stipulated in the Agreement. b. Number: Four copies of each Application. D. Substantiating Data: 1. When the Owner or Engineer require substantiating data, Contractor shall submit suitable information with cover letter identifying: a. Project. b. Application number and date. C. Detailed list of enclosures. d. For stored products: Item number and identification as shown on application. e. Description of specific material. 2. Submit one copy of data and cover letter for each copy of application. E. Preparation of Application for Final Payment: 1. Fill in application form as specified for progress payments. • 2. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700 - Contract Closeout. • 1.3 CHANGE ORDER PROCEDURES: A. Format and Data Required: 1. Change Orders shall be prepared and submitted and will be processed in accordance with requirements of General Provisions and Funding Agency Requirements. 2. Engineer will transmit Certificate for Change to Owner and Agency for approval. 3. When Owner and Agency approval is received, Change Order will be included under next partial Application for Payment. 1.4 MEASURES AND WEIGHTS: A. Contractor Assistance: To aid the Owner in determining all quantities, the Contractor shall, whenever so requested, provide scales, equipment and assistance for weighing or for measuring any of the materials at no cost to the Owner. B. Weights and Measures: Quantities for payment will be the actual weight or actual measure, and no special or trade or so -termed customary allowances will be made, nor will any material, which is lost or misplaced, be included for payment. Airport Drive East Extension Sebastian Municipal Airport 01150-2of3 Measurement and Payment June 2009 U �J C. Use of Plan Meter: For estimating quantities in which computation of areas by geometric methods would be comparatively laborious, it is agreed that the plan meter shall be considered an instrument of precision to the measurement of such areas. D. Precedence of Dimensions: Figured dimensions on drawings shall take precedence over measurement by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them and not as indicating extra work. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01150 01150-3of3 Measurement and Payment June 2009 • s SECTION 01300 - SUBMITTALS PART 1 - GENERAL 1.1 SUBMITTALS BY CONTRACTOR: A. Construction Progress Schedule. B. Certifications as specified in the various sections. C. Shop Drawings and Project Data as specified in the various sections. D. Miscellaneous: 1. Weekly Payroll. 2. EEO Reports. 3. DBE Expenditure Report. 4. Safety Plan. 5. Security Plan. 6. Warranties and Bonds. 7. QC Plan. 8. Equipment Manuals 9. Sales Tax Report 10. Other(s) as required. 1.2 PROGRESS SCHEDULE: A. Bar -Chart Schedule: Submit a CPM or linear type bar -chart schedule 7 calendar days prior to the preconstruction conference date established for the work. On the schedule, indicate a time bar for each major category or unit of work to be performed at the site, properly sequenced and coordinated with other elements of work. Show completion of the work sufficiently in advance of the date established for substantial completion of work. 1. Superimpose an S-curve on the schedule to show the "estimated" total dollar -volume of work performed at any date during the contract time, with a column of cost figures in the left hand margin ranging from zero to the contract sum. 2. Submittal Tabulation: With the bar -chart submittal, submit tabulation, by date, of the submittals, which are required during the first 30 days of construction time. At the Contractor's option, submittal dates may be shown on the bar -chart schedule, in lieu of being tabulated. B. Phasing: Arrange schedule with notations to show how sequence of work is affected by requirements for phased completion, limitations of continued utilization, non -interrupt able services, use prior to substantial completion, site restrictions, runway and/or taxiway closures, provisions for future work, seasonal variations, environmental control, and similar provisions of total project. Phase I schedule is required at the preconstruction meeting. Each subsequent phasing schedule is required at least two weeks before the phase is to begin. Refer to other sections of the General Requirements and other contract documents for requirements. C. Distribution: Following the initial submittal to and response by the Engineer, print and distribute progress schedules to the Engineer (3 copies), Owner, separate contractors, principal Airport Drive East Extension Submittals Sebastian Municipal Airport June 2009 01300- 1 of 5 • subcontractors and suppliers or fabricators, and others with a need -to -know schedule - compliance requirement. Post copies in the project meeting room and temporary field office. When revisions are made, distribute updated issues to the same entities and post updated issues in the same locations. Delete entities from distribution when they have completed their assigned work and are no longer involved in the performance of scheduled work. D. Update: Contractor shall update the schedule monthly for duration of construction. 1.3 SHOP DRAWINGS AND PRODUCT DATA: A. Scope: Submit shop drawings, certifications, and product data for all products to be incorporated in the work. B. Shop Drawings Shall_ 1. Be original drawings, prepared by the Contractor, subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. 2. Be prepared by a qualified detailer. 3. Identify details by reference to sheet and detail numbers shown on Contract Drawings. 4. Be sheet size 24 in. x 36 in. 5. Be reproduced for submittals on opaque diazole prints or blueprints. C. Product Data Shall: 1. Include manufacturer's standard schematic drawings. The Contractor shall: a. Modify drawings to delete information, which is not applicable to project. b. Supplement standard information to provide additional information applicable to project. 2. Include manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data. The Contractor shall: a. Clearly mark each copy to identify pertinent materials or products. b. Show dimensions and clearances required. C. Show performance characteristics and capacities. D. The Contractor Shall: 1. Be responsible for all submittals. 2. Review shop drawings and product data prior to submission 3. Verify: a. Field measurements. b. Field construction criteria. C. Catalog numbers and similar data. 4. Coordinate each submittal with the requirements of the work and of the Contract Documents. 5. Notify the Engineer, in writing at time of submission, of deviations in submittals from requirements of the Contract Documents. 6. Begin no work, which requires submittals until the return of submittals with the Engineer's stamp and initials or signature indicating review. 7. After the Engineer's review, distribute copies. • E. Contractor's Responsibilities: Airport Drive East Extension Sebastian Municipal Airport 01300- 2 of 5 Submittals June 2009 I . Contractor's responsibility for errors and omissions in submittals is not relieved by the Engineer's review of submittals. 2. Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Engineer's review of submittal, unless the Engineer gives written acceptance of specific deviations. F. Submission Requirements Include: 1. The shop drawings shall be submitted in sufficient time to allow discussion and correction prior to beginning the work. Work shall not be performed nor materials ordered prior to the review of the drawings except at the Contractor's risk. 2. Submit NUMBER copies of all shop drawings after which NUMBER copy will be returned for correction or marked reviewed as noted. Any drawings returned for correction must be resubmitted with same number of copies as required above. 3. All submittals must be accompanied by a transmittal letter, in duplicate, containing: a. Date. b. Project title and number. C. Contractor's name and address. d. The number of each shop drawing and product data submitted. e. Notification of deviations from Contract Documents. f. Other pertinent data. 4. Submittals shall include the following, as applicable: a. Date and revision dates. b. Project title and number. C. The names of: 1) Engineer. 2) Contractor. 3) Subcontractor. 4) Supplier. 5) Manufacturer. 6) Separate detailer when pertinent. d. Identification of product or material. e. Relation to adjacent structure or materials. f. Field dimensions, clearly identified as such. g. Specification item or section number. h. Applicable standards, such as ASTM number or Federal Specification. i. A blank space, 5 in. x 5 in., for the Engineer's stamp. j. Identification of deviations from the Contract Documents. k. Contractor's stamp, initialed or signed, certifying Contractor's review of submittal, verification of field measurements, and compliance with Contract Documents. G. Resubmission Requirements Include: 1. Revision of initial drawings as required and resubmittal as specified for initial submittal. 2. An indication on the drawings of any changes, which have been made, other than those requested by the Engineer. 3. On product data resubmittals, include new data as required for initial submittal. H. Distribution to Others: After review and approval, the Contractor shall distribute copies of shop drawings and product data which carry the Engineer's stamp to others as may be required. I. Shop Drawings and Product Data: 1. Submit notarized certifications cosigned by manufacturer/supplier and Contractor for: Airport Drive East Extension Submittals Sebastian Municipal Airport June 2009 01 300- 3 of 5 a. Storm drainage pipe, castings and structure materials. b. Fencing components. C. Pavement sub base, base, and surfacing and related materials. d. Grass seed. e. Structural concrete materials. f. Reinforcing steel. g. Pavement marking paint. h. Electrical wire and fixtures. i. Lighting components. j. All other products as required by the drawings, specifications, and Engineer. Submit shop drawings, product data and steel placement plans for: a. All cast -in-place or precast structures. b. Catch basin and manhole grate cover and frame castings. C. Airport lighting equipment and materials. d. Concrete and asphalt mix designs. e. All other products as required by the drawings, specifications, and Engineer. 1.4 MISCELLANEOUS: A. Equipment Manual_ Prepare an Installation, Operation, and Maintenance Manual for all airport lighting and other installed as a part of this contract. This manual shall be a vinyl notebook with ring bound compilation of manufacturers' instructions and maintenance manuals. Prepare this manual, marking out sections, which do not apply, and present four (4) copies to the Owner through the Engineer after the final inspection is complete. Final payment will not be processed until the Owner has received and accepted the Manual. B. Weekly Payrolls: 1. In accordance with Section 130 of the General Provisions submit certified weekly payrolls for prime contractor and all subcontractors working at project site. 2. Submit payrolls no later than 7 calendar days after pay period. Payrolls will be considered current if received within 10 calendar days after last workday of payroll workweek. A workweek is the seven day period between midnight Sunday and midnight the following Sunday. 3. The Contractor is responsible for submission of payrolls by his subcontractors. 4. Submit a typed summary sheet with each payroll submission listing by week when contractor and each subcontractor worked at site. 5. A payroll submission is only required for weeks when Contractor or subcontractor is actually working at the site. C. EEO Reports: 1. Contractor shall submit Monthly Employment Utilization Report and Annual EEO -1 Report to the appropriate Federal Labor Area Office in accordance with Section 120 of the General Provisions. Submit copy of submittal to Owner for his records. 2. Prime Contractor shall insure that all his first tier subcontractors submit these reports and shall submit a sworn statement to Owner monthly certifying that all subcontractor reports have been submitted as required. D. DBE Expenditure Reports: With each application for payment, the Contractor shall submit his • DBE expenditure report indicating the name, date and amount disbursed to his DBE subcontractors for the period as well as for the project to date expenditure. Airport Drive East Extension Submittals Sebastian Municipal Airport June 2009 01300- 4 of 5 • • E. Security Plan: At preconstruction conference, submit for approval proposed security plan describing specifically how security will be maintained at each access point and work area by Contractor's forces. F. Warranties and Bonds: Submit as specified in Section 01740. G. Sales Tax Report_ With each application for payment, the Contractor shall submit his Sales Tax Report on form attached to Section 00800. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01300 01300- 5 of 5 Submittals June 2009 0 SECTION 01400 - QUALITY CONTROL SERVICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS: Drawings, General Provisions, Supplementary Conditions, Specifications, and other Contract Documents apply to work of this section. 1.2 DESCRIPTION OF REQUIREMENTS: A. General: Required inspection and testing services are intended to assist in the determination of probable compliance of the work with requirements specified or indicated. These required services do not relieve the Contractor of responsibility for compliance with these requirements or for compliance with requirements of the Contract Documents. B. Specified Inspection and Tests_ Inspection, tests and related actions specified in this section and elsewhere in the Contract Documents are not intended to limit the Contractor's own quality control procedures which facilitate overall compliance with requirements of the Contract Documents. C. Contractor Quality Control: Requirements for the Contractor to provide quality control services as required by the Engineer, the Owner, and the provisions of this section do not limit governing authorities or other authorized entities. D. Contractor's Quality Control Personnel and Laboratory_ Contractor shall conform to the requirements of General Provisions Section 100 and all technical specifications as listed in this manual. 1.3 RESPONSIBILITIES: A. Contractor Responsibilities: Contractor is responsible for his own quality control testing and inspection to insure the quality of his means and methods of construction will produce the specified quality of work, and for any tests and inspections required by regulatory agencies. Costs for these services shall be included in the contract sum. The Contractor may employ and pay an independent agency, testing laboratory or other qualified firm to perform quality control services specified, or qualified contractor personnel may perform these services. B. The Contractor shall submit for Engineer's approval a Quality Control (QC) Plan delineating his methods for each item requiring inspections, tests, and similar services. C. Quality Assurance: The Owner will engage and pay for the services of an independent agency to perform inspections and tests of materials for Quality Assurance. The Owner's quality assurance testing shall in no way relieve the Contractor of the responsibility for providing the quality materials, workmanship and testing required to comply with these specifications. D. Retest Responsibility: Where results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, then retests are the responsibility of the Contractor, and shall be deducted from monies due the Contractor on his monthly pay request, regardless of whether the original test Airport Drive East Extension Quality Control Services Sebastian Municipal Airport June 2009 01400 -1 of 2 0 0 • was the Contractor's responsibility. Retesting of work revised or replaced by the Contractor is the Contractor's responsibility, where required tests were performed on original work. E. Responsibility for Associated Services: The Contractor is required to cooperate with the independent agencies performing required inspections, tests, and similar services. Provide such auxiliary services as are reasonably requested. Notify the testing agency sufficiently in advance of operations to permit assignment of personnel. These auxiliary services include but are not necessarily limited to the following: 1. Providing access to the work. 2. Taking samples or providing assistance with taking samples. 3. Delivery of samples to test laboratories. 4. Security and protection of samples and test equipment at the project site. 5. Surveying services required establishing horizontal and vertical location of tests by Engineer's quality assurance testing laboratory. 1.4 SCHEDULE OF SERVICES: Each specification section identifies principal inspections, tests and similar services required by the Contractor Documents. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION: Upon completion of inspection, testing, sample -taking, and similar services performed on the work, repair damaged work and test sites to eliminate deficiencies. Protect work exposed by or for quality control service activities, and protect repaired work. Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing or similar services. 3.2 MEASUREMENT AND PAYMENT: No measurement or payment will be made for work in this section; it will be considered as incidental cost to Mobilization and other items of work. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01400 01400-2of2 Quality Control Services June 2009 0 SECTION 01510 - TEMPORARY FACILITIES PART 1 - GENERAL 1.1 DESCRIPTION: A. Contractor shall furnish, install and maintain temporary utilities required for construction and other temporary facilities as indicated; remove on completion of work. B. Related requirements are specified in other sections of the specifications. 1.2 REQUIREMENTS OF REGULATORY AGENCIES: A. Comply with National Electric Code. B. Comply with Federal, State, and Local codes and regulations and with utility company requirements. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL: Materials, furniture, and equipment may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. The Engineer will determine acceptability of all items. PART 3 - EXECUTION 3.1 TEMPORARY ELECTRICITY AND LIGHTING: Provide temporary electrical service required for power and lighting, and pay all costs for service and for power used. 3.2 TEMPORARY WATER: A. Provide water for construction purposes; pay all costs for installation, maintenance and removal, and service charges for water used. B. The site is served by a municipal water system The Contractor shall make arrangements for securing and providing necessary water as required for the performance of the work. 3.3 TEMPORARY SANITARY FACILITIES: A. Provide sanitary facilities in compliance with laws and regulations. • B. Service, clean and maintain facilities and enclosures. Airport Drive East Extension Sebastian Municipal Airport 01510 - 1 of 3 Temporary Facilities June 2009 3.4 TEMPORARY SUPPORT FACILITIES: A. General: Provide reasonably neat and uniform in appearance temporary support facilities acceptable to the Engineer and the Owner. B. Sitting: Locate field offices, storage and fabrication sheds and other support facilities for easy access to the work. Position office so that windows give the best possible view of construction activities. C. Maintenance: Maintain field offices, on-site plants, storage and fabrication sheds, temporary sanitary facilities, waste collection and disposal systems, and project identification and temporary signs until near substantial project completion. Immediately prior to substantial completion remove these facilities D. Testing Laboratory: Furnish a building or trailer at the asphalt concrete plant(s) for performing asphalt concrete quality assurance testing. The building or trailer shall be equipped with all necessary equipment and supplies to sample and conduct all required plant testing. The laboratory shall meet DOT and OSHA regulations. E. Airfield Communications: (not used) F. Engineer's Field Office: (not used) G. Staging Area: Contractor shall prepare his staging area and access road by grading, drainage, and placing a four (4) inch thick stone base of coarse aggregate (#57 stone) over the entire staging area and access road(s). The Contractor shall apply a periodic top dressing to the stone base in order to minimize any fugitive dust or mud during the construction period. Upon completion of the project, the stone base shall be completely removed, the site graded to drain, and then seeded and mulched in accordance with Item T-901. H. Furnished Vehicles: (Not Used) I. Access and Haul Roads: 1. Locations of access and haul roads will be approved by the. These roads will be located to minimize conflict with Airport operations and shall be maintained, well defined, and confined to the minimum area required. Damaged roads shall be promptly repaired by the Contractor to the satisfaction of the Engineer at no cost to the Owner. 2. The Contractor shall utilize existing access and haul roads and shall maintain the roads as required to create no dust. All project traffic must be routed through these areas. The Contractor shall provide all markings required to clearly define the access and haul roads. 3. The Contractor will be responsible for obtaining any necessary driveway permit(s) from local or state agencies for access and haul roads. 4. If access or haul roads cross a utility, the Contractor shall protect the utility as directed by the Owner of the utility. 5. There shall be no direct payment for the construction, maintenance, and removal of access and haul roads. J. Facilities for Night Work: 1. To perform construction activities at night, Contractor shall furnish, install and maintain • temporary construction lights to illuminate night work areas during hours of darkness. The equipment used for lighting shall provide a sufficient amount of light to illuminate Airport Drive East Extension Temporary Facilities Sebastian Municipal Airport June 2009 01510 - 2 of 3 the work areas satisfactorily for construction and inspection. The Contractor may be required to provide additional lighting units, as directed by the Engineer. Upon completion of each nighttime operation, the lighting equipment shall be removed from the construction area and stored in the Contractor's storage area. 2. The Contractor will be required to coordinate lighting positions with ATC prior to any night work. This coordination will be accomplished and requested through the Engineer. 3. No direct payment shall be made for this item. 3.5 EXECUTION, GENERAL: Maintain and operate systems to assure continuous service. ft G WJN► [S]%\_� A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. Restore grassed and paved areas to their pre -construction condition. 3.7 MEASUREMENT AND PAYMENT: There shall be no separate measurement and payment for Temporary Facilities. All provision and removal costs shall be included in Item 01000, Mobilization. • END OF SECTION 0 15 10 • Airport Drive East Extension Sebastian Municipal Airport 01510 - 3 of 3 Temporary Facilities June 2009 • 0 SECTION 01530 - AIRFIELD TEMPORARY MARKINGS AND BARRICADES PART 1 - GENERAL 1.1 DESCRIPTION: A. Provide temporary barricades as required for safety of aircraft and contractor's work forces, and to maintain use of the various portions of the air operations area during construction. B. Provide temporary barricades as required for safety of motorists and contractor's work forces, and to maintain use of the various portions of the access roads during construction C. Comply with referenced FAA Advisory Circulars and the safety and staging plan. D. Related work specified elsewhere: 1. Construction safety: General Provisions and General Requirements. 2. Staging and safety plan: Contract Drawings and General Requirements. PART 2 - PRODUCTS 2.1 BARRICADES: A. TYPE 1 BARRICADES: 8 foot Schedule 80 PVC, 8" diameter (cut in half), with alternating diagonal white and orange stripes, two 20 inch x 20 inch bright orange flags, and two battery powered flashing red lights. Flags shall be framed and installed so that they are always in the extended position and oriented along the long axis of the barricade. Overall barricade height shall not exceed 36 inches. B. FDOT TYPE 3 BARRICADE: 5 foot high by 6 foot wide, three reflectorized rails with alternating orange and white stripes at 45 degrees with respect to vertical. Each reflectorized rail shall be between 8 and 12 inches high and shall be equally spaced. One battery powered flashing light with yellow lense shall be attached to the top of the barricade. 2.2 FDOT MAINTENANCE OF TRAFFIC: All barricades, barrels, cones and advanced warning signs as required for construction per the 600 series of the FDOT design standards "traffic control through work zones". 2.3 CLOSED RUNWAY MARKERS: Not Applicable. 2.4 RUNWAY NUMBER COVERS: Not Applicable 2.5 PAVEMENT PAINT MARKINGS: As specified in Item P-100. Airport Drive East Extension Sebastian Municipal Airport 01530 - 1 of 2 Airfield Temporary Markings and Barricades June 2009 c: C • 2.6 LIGHTED "X" UNITS: Not Applicable PART 3 - EXECUTION 3.1 GENERAL: A. Install at locations shown on the drawings and where directed by Engineer. Generally, place barricades a maximum of 25 feet on centers and not less than two per taxiway and three per runway. Anchor barricades and markers with sandbags or other methods approved by Engineer. B. Maintain barricades until removal is directed by Engineer. The barricade flasher batteries shall be checked daily to insure that flashers are operational. Replace batteries as required. C. Remove barricades as directed by Engineer. Repair any damage to pavement or surrounding area caused by markers or barricades. 3.2 MEASUREMENT AND PAYMENT: Barricades will not be measured. Payment will be on a lump sum basis for all barricades, furnished, installed, moved, and reused at different locations. The payment shall be full compensation for providing all labor, materials, maintenance, batteries, and sandbags; and removal, repair and reuse of the barricades, as shown on the drawings. 1. Payment will be made under: a. 01530 Barricades --- per Lump Sum Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01530 01530 - 2 of 2 Airfield Temporary Markings and Barricades June 2009 11 SECTION 01600 - MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.1 REQUIREMENTS: A. Material, Equipment, and Products Incorporated Into the Work shall conform to applicable specifications and standards; shall comply with size, make, type and quality specified, or as specifically approved in writing by the Engineer; and shall not be used for any purpose other than that for which it is designed or is specified. B. Manufactured and Fabricated Products shall be designed, fabricated and assembled in accordance with the best engineering and shop practices. Like parts of duplicate units shall be manufactured to standard sizes and gages, to be interchangeable. Products shall be suitable for service conditions. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless Engineer specifically approves variations in writing. C. Related Requirements in Other Parts of the Project Manual: Conditions of the Contract. D. Standardization: Unless otherwise approved by the Engineer, items and equipment of a similar type and function shall be furnished by one manufacturer to standardize on replacement parts, service calls, operation and maintenance matters, and to avoid a division of responsibility among several manufacturers. E. A single supplier shall be used on principal items of equipment and systems where one or more components are not manufactured by the principal supplier; this is required to place performance and service responsibilities for the entire unit or system with only one supplier or manufacturer. 1.2 PRODUCTS SUBSTITUTIONS AND OPTIONS: A. Products List: Contractor shall submit a complete list of products to be incorporated into the work (with the name of the installing contractor) at the Preconstruction Conference required by these specifications. B. Contractor's Options: 1. For products specified only by reference standard, select any product meeting that standard. 2: For products specified by naming several products or manufacturers, select any one of the products or manufacturers named, which complies with the specifications. 3. Airport lighting equipment covered by FAA specifications require certification under the Airport Lighting Equipment Certification Program described in Advisory Circular 150/5345-53, latest edition. Select equipment from the Certified Airport Lighting Equipment list appended to the Advisory Circular. An updated list is published biannually. . C. Product Substitutions: Contractor shall submit, at the Preconstruction Conference, all requests for product substitutions. No requests for substitutions will be accepted from manufacturers or suppliers. Airport Drive East Extension Materials and Equipment Sebastian Municipal Airport June 2009 01600- 1 Submit a separate written request for each product, supported with complete data, with drawings and samples as appropriate, including: 1. Comparison of the qualities of the proposed substitution with that specified. 2. Changes required in other elements of the work because of the substitution. 3. Effect on the construction schedule. 4. Cost data comparing the proposed substitution with the product specified. 5. Any required license fees or royalties. 6. Availability of maintenance service, and source of replacement materials. Engineer shall be the judge of the equality and acceptability of the proposed substitution. If Engineer determines the proposed substitute product is not "equal" to the specified product, the Contractor must provide the specified product, subject to Engineer's shop drawing review and approval. No further requests for substitutions will be considered after Preconstruction Conference. D. Contractor's Representation: A request for a substitution constitutes a representation that Contractor: 1. Has investigated the proposed product and determined that it is equal to or superior in all respects to that specified. 2. Will provide the same warranties or bonds for the substitution as for the product specified. 3. Will coordinate the installation of an accepted substitution into the work, and make such other changes as may be required to make the work complete in all respects. 4. Waives all claims for additional costs, under his responsibility, which may subsequently E. Engineer's Review: Engineer will review requests for substitutions with reasonable promptness and notify Contractor, in writing, of the decision to accept or reject the requested substitution. 1.3 MANUFACTURER'S INSTRUCTIONS: A. Printed Instructions: When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, Contractor shall obtain and distribute copies of such instructions to parties involved in the installation, including copies to Engineer. Maintain one set of complete instructions at the job site during installation and until completion and acceptance. B. Strict Compliance: Handle, install, connect, clean, condition, and adjust products in strict accord with such instructions and in conformity with specified requirements. Should job conditions or specified requirements conflict with manufacturer's instruction, consult with Engineer for further instructions. Do not proceed with work without clear instructions. C. Complete Compliance: Perform work in accord with manufacturer's instructions. Do no omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1.4 TRANSPORTATION AND HANDLING: A. Deliveries: Contractor shall arrange deliveries of products in accord with construction schedules; coordinate to avoid conflict with work and conditions at the site. Deliver products in Airport Drive East Extension Materials and Equipment Sebastian Municipal Airport June 2009 01600-2 • undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. Immediately on delivery, inspect shipments to assure compliance with requirements of contract documents and approved submittals, and that products are properly protected and undamaged. B. Handling: Provide equipment and personnel to handle products by methods to prevent soiling or damage of products or packaging. 1.5 STORAGE AND PROTECTION: A. Storage: Store products in accord with manufacturer's instructions, with seals and labels intact and legible. Store products subject to damage by the elements in weather tight enclosures. Maintain temperature and humidity within the ranges required by manufacturer's instructions. B. Exterior Storage: Store fabricated products above the ground, on blocking or skids; prevent soiling or staining. Cover products, which are subject to deterioration with impervious sheet coverings; provide adequate ventilation to avoid condensation. Store loose granular materials in a well -drained area on solid surfaces to prevent mixing with foreign matter. C. Storage Inspection: Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored products to assure that products are maintained under specified conditions, and free from damage or deterioration. D. Protection After Installations: Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove when no longer needed. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01600 01600-3 Materials and Equipment June 2009 C7 • SECTION 01700 - CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 REQUIREMENTS: A. Comply with requirements stated in conditions of the contract and in specifications for administrative procedures in closing out the work. B. Related requirements in other parts of the Project Manual including fiscal provisions, legal submittals and additional administrative requirements: Conditions of the contract. C. Related requirements specified in other sections: 1. Closeout submittals required of trades: The respective sections of specifications. 2. Project Record Documents: Section 01720. 3. Warranties and Bonds: Section 01740. 1.2 SUBSTANTIAL COMPLETION: The conditions and procedures for inspection and Contractor's, Engineer's and Owner's responsibilities pertaining to substantial completion are as specified in the General Provisions and in the Supplementary Conditions. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 FINAL INSPECTION: Shall be in accordance with conditions and procedures outlined in the Contract Documents. When Engineer finds that the work is acceptable under the Contract Documents, he will request required Contractor's Closeout Submittals. 3.2 REINSPECTION FEES: Should Engineer perform reinspections due to failure of the work to comply with the claims of status of completion made by the Contractor, the Owner will compensate Engineer for such additional services. The Owner will deduct the amount of such compensation from the final payment due the Contractor. 3.3 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER: A. Evidence of compliance with requirements of governing authorities: Certificates of Inspection. B. Project Record Documents: Conform to requirements of Section 01720. C. Warranties and Bonds: Conform to requirements of Section 01740. D. Evidence of payment and release of liens: To requirements of General Provisions and Supplementary Conditions. Airport Drive East Extension Sebastian Municipal Airport 01700 - I of 7 Contract Closeout June 2009 • • E. Certificates of Insurance for products and completed operations. F. Once the Engineer has determined the work is acceptable under the Contract Documents, he will furnish the Contractor appropriate number of copies of the following forms, copies of which are attached: 1. Contractor Warranty Form 2. Affidavit of Payment 3. Affidavit of Release of Liens 4. Final Waiver of Lien 5. Consent of Surety for Final Payment 6. Final DBE Participation Report 7. Contractor's Sales Tax Report 3.4 PAYMENT: No separate payment will be made under this section for work described or specified herein. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01700 01700-2of7 Contract Closeout June 2009 • L J • AFFIDAVIT OF PAYMENT To All Whom It May Concern: WHEREAS, the undersigned has been employed by to furnish labor and materials for Airport Drive East Extension work, under a contract for the improvement of property described as Airport Drive East Extension at the Sebastian Municipal Airport, County of Indian River, State of Florida of which the City of Sebastian is the Owner, NOW, THEREFORE, this day of 200, The undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services, who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) ATTACHMENTS: Consent of Surety to Final Payment. (Whenever Surety is involved, Consent of Surety is required.) Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers. Contractor's Affidavit of Release of Liens. CONTRACTOR (Name of sole ownership, corporation or partnership) (Signature of Authorized Representative) TITLE Airport Drive East Extension Sebastian Municipal Airport (Affix corporate seal here) 01700 - 3 of 7 Contract Closeout June 2009 • is AFFIDAVIT OF RELEASE OF LIEN To All Whom It May Concern: WHEREAS, the undersigned has been employed by to furnish labor and materials for Airport Drive East Extension work, under a contract for the improvement of property described as Airport Drive East Extension at the Sebastian Municipal Airport, County of Indian River, State of Florida of which the City of Sebastian is the Owner, NOW, THEREFORE, this day of 200, The undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services, who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) ATTACHMENTS: Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers. SUBCONTRACTOR (Name of sole ownership, corporation or partnership) (Signature of Authorized Representative) • TITLE Airport Drive East Extension Sebastian Municipal Airport (Affix corporate seal here) 01700-4of7 Contract Closeout June 2009 0 �-1 • FINAL WAIVER OF LIEN To All Whom It May Concern: WHEREAS, the undersigned has been employed by to furnish labor and materials for Airport Drive East Extension work, under a contract for the improvement of property described as Airport Drive East at the Sebastian Municipal Airport, County of Indian River, State of Florida of which the City of Sebastian is the Owner, NOW, THEREFORE, this day of , 200_. for and in consideration of the sum of Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above-described premises, and the improve- ments thereon, and on the monies or other considerations due to become due from the owner, on account of labor, services, material, fixtures, apparatus of machinery heretofore or which may hereafter be furnished by the under- signed to or for the above-described premises by virtue of said contract. CONTRACTOR (Name of sole ownership, corporation or partnership) (Signature of Authorized Representative) TITLE Airport Drive East Extension Sebastian Municipal Airport (Affix corporate seal here) 01700-5of7 Contract Closeout June 2009 • CONTRACTOR WARRANTY FORM Project Name AIRPORT DRIVE EAST EXTENSION • Location SEBASTIAN MUNICIPAL AIRPORT Owner CITY OF SEBASTIAN We, CONTRACTOR, Contractor for the above referenced project, do hereby warrant that all labor and materials furnished and work performed are in accordance with the Contract Documents and authorized modifications thereto, and will be free from defect due to defective materials or workmanship for a period of one year from Date of Sub- stantial Completion. This warranty commences on (Date of Substantial Completion Affixed by Engineer) and expires on : (One Year From Commencement Date) This warranty covers that portion of the project described below: Should any defect develop during the warranty period due to improper materials, workmanship or arrangement, the defect shall, upon written notice by the Owner, be made good by the Undersigned at no expense to the Owner. Nothing in the above shall be deemed to apply to work which has been abused or neglected by the Owner. Date CONTRACTOR (Name of sole ownership, corporation or partnership) (Signature of Authorized Representative) (Affix corporate seal here) TITLE Airport Drive East Extension Sebastian Municipal Airport 01700-6of7 Contract Closeout June 2009 • CONSENT OF SURETY FOR FINAL PAYMENT Project Name AIRPORT DRIVE EAST EXTENSION Location SEBASTIAN MUNICIPAL AIRPORT Owner CITY OF SEBASTIAN Type of Contract Construction Amount of Contract $ In accordance with the provisions of the above-named contact between the Owner and the Contractor, the following named surety: SURETY on the Payment Bond of the following named Contractor: CONTRACTOR hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the following named Owner: as set forth in said Surety company's bond: • OWNER • IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this day of 200 SURETY (Signature of Authorized Representative) (Affix corporate seal here) TITLE IF SIGNED BY ATTORNEY-IN-FACT, POWER OF ATTORNEY MUST BE ATTACHED. Airport Drive East Extension Contract Closeout Sebastian Municipal Airport June 2009 01700 - 7 of 7 • SECTION 01710 - CLEANING AND DISPOSAL PART 1 - GENERAL 1.1 DESCRIPTION: Contractor shall execute cleaning during progress of the work and at completion of the work as required by the General Provisions and other specification documents. 1.2 DISPOSAL REQUIREMENTS: A. Conduct cleaning and disposal operations to comply with all local, state and federal codes, ordinances, regulations, and anti -pollution laws; and with airport and construction safety requirements. B. All disposals of waste materials shall be off airport property at locations approved by the Engineer. C. Contractor shall be responsible for arranging for and obtaining off-site disposal areas, including payment for all costs associated with such disposal. 1.3 SUBMITTALS: Prior to beginning work, submit a Disposal Plan for the satisfactory disposal of all waste materials and debris. Submit two (2) copies of the disposal site owner's written permission for such disposal with Disposal Plan. PART2-PRODUCTS 2.1 MATERIALS: A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 CLEANING: Execute periodic cleaning to keep the work, site and adjacent properties free . from accumulations of waste materials, rubbish, windblown debris, and dust resulting from construction operations. Provide on-site containers for the collection of waste materials, debris Airport Drive East Extension Cleaning and Disposal Sebastian Municipal Airport June 2009 01710 -1 of 2 • • and rubbish. Remove waste materials, debris and rubbish from the site periodically and dispose of at approved locations. 3.2 BARRIERS AND PROTECTION: Protect existing structures and vegetation from cleaning and disposal operations as required. 3.3 DUST CONTROL: Schedule cleaning and other operations so that dust and other contaminants resulting there from will not fall on wet or newly coated surfaces, will not damage or contaminate aircraft, and will not unduly affect the work of other airport tenants. 3.4 DISPOSAL OF DEBRIS AND WASTE MATERIALS: A. If permitted by Owner and local, state and federal regulations, Contractor may dispose of combustible materials on-site by burning. Unguarded fires will not be permitted. Burning will be restricted as follows: 1. Burning of poison oak, poison ivy or other plants of similar nature will be prohibited. 2. Tires or other combustible waste material shall not be used to augment burning. 3. Burning operations that may in any way be hazardous to air operations will not be allowed. B. Non-combustible and waste materials and ashes shall be removed from the site and disposed of in accordance with the Disposal Plan. 3.5 PAYMENT: No separate payment will be made under this section for work described or specified herein. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01710 01710 - 2 of 2 Cleaning and Disposal June 2009 • • 0 SECTION 01720 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS: A. Contractor shall maintain at the site as specified herein for the Owner one record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications. 5. Engineer field orders or written instructions. 6. Approved shop drawings, product data and samples. 7. Field test records. 8. Laboratory test records. B. Related requirements in other parts of the Project Manual: Conditions of the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 MAINTENANCE OF DOCUMENTS AND SAMPLES: A. Store record documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with data filing format of the Construction Specifications Institute - MASTERFORMAT. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by Engineer. 3.2 RECORDING: A. Stamp or label each document "PROJECT RECORDS" in 3/4 -inch letters. B. During daily progress of the work, the job superintendent for the Contractor shall record information concurrently with construction progress. Do not conceal any work until required information is recorded. C. Drawings: Legibly mark to record actual construction in color codes designated by the Engineer. Airport Drive East Extension Project Record Documents Sebastian Municipal Airport June 2009 01720 - 1 of 3 D. All field data for record information shall be obtained by a surveyor who is a Registered Land Surveyor (RLS) in the state of Florida All field notes to determine the "as -built" conditions shall be sealed by the RLS who performed the survey and shall be submitted to the Engineer. E. Record Information includes but is not limited to the following: 1. Depths of various elements of foundation in relation to finish reference datum. 2. Horizontal and vertical locations of pavements and underground utilities and appurtenances, referenced to permanent surface improvements or finish reference datum. 3. Field changes of dimension and detail. 4. Changes made by field order or by change order. 5. Details not on original contract drawings. 6. Extent and dimensions of pavement removal. 7. Any other changes in the plans. 8. Storm drainage system construction: a. Exact distance between all catch basins, manholes, points of intersection, and line terminals or headwalls. b. The invert elevation of the end of all pipes, stub outs, and headwalls. C. The rim (top of frame) or top of grate and invert elevations of all manholes, catch basins, and other structures. 9. Electrical construction identification: a. Exact distance between all manholes and points of intersection. b. Exact size and location of duct bank or cable run and what circuits it feeds. C. Exact location of any lines abandoned in place. d. Exact location, type, and size of runway and taxiway edge lights, centerline lights, and/or touchdown zone lights. e. Rim and invert elevation of all manholes and duct banks. f. Depth of cover on direct burial lines. g. Locations of cable splices. h. Location and description of signs. 10. As outlined in the Indian River County Department of Utilities Services specifications. F. Specifications and addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. G. All horizontal control dimensions shall be to the nearest tenth of a foot. Elevations shall be to the nearest one-hundredth of a foot. H. Set one (1) Concrete Benchmark and document location and elevation data. 3.3 SUBMITTAL: A. At the close of the job and prior to receipt of final payment, the Contractor shall deliver to the Engineer for the Owner one complete set of Record Documents. B. Accompany submittal with transmittal letter containing: 1. Date. • 2. Project title and number. 3. Contractor's name and address. Airport Drive East Extension Sebastian Municipal Airport 01720 - 2 of 3 Project Record Documents June 2009 • • • 4. Title and number of each record document. 5. Signature of Contractor or his authorized representative. 3.4 PAYMENT: No separate payment will be made under this section for work described or specified herein. The cost of this work shall be considered incidental to and included in other items of work. Airport Drive East Extension Sebastian Municipal Airport END OF SECTION 01720 01720 - 3 of 3 Project Record Documents June 2009 • 0 • SECTION 01740 - WARRANTIES AND BONDS PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS: A. Contractor shall: 1. Compile specified warranties and bonds. 2. Compile specified service and maintenance contracts. 3. Co -execute submittals to verify compliance with Contract Documents. 4. Review submittals to verify compliance with Contract Documents. 5. Submit to Engineer for review and transmittal to Owner. B. Related requirements in other parts of the Project Manual: 1. Bid Bonds: Instructions to bidders. 2. Performance Bond and Payment Bond: Conditions of the contract. 3. General warranty of construction: Conditions of the contract. C. Related requirements specified in other sections: 1. Warranties and Bonds required for specific products: Each respective section of specifications. 2. Provisions and duration of Warranties and Bonds: The respective section of specifications, which specifies the product. 3. Contract closeout: Section 01700 4. Equipment Manuals: Section 01300 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SUBMITTAL REQUIREMENTS: A. Assemble warranties, bonds, and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. B. Number of original signed copies required: Two (2) each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm, with name of principal, address and telephone number. 3. Scope. 4. Date of beginning of warranty, bond, or service and maintenance contract. 5. Duration of warranty, bond, or service and maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Instances, which might affect the validity of warranty or bond. Airport Drive East Extension Sebastian Municipal Airport 01740-1 of 2 Warranties and Bonds June 2009