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Home My WebLink AboutBEAMS CONTRACTING RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENT I I I I I I I I I I I I I I I I I I I ADDENDUM NO.1 TO BIDDING/CONTRACT DOCUMENTS FOR RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT BID ITEM #06-201 in AUGUSTA, GEORGIA TO: All Prospective Bidders DATE: January 10, 2007 This Addendum forms a part ofthe ContractlBidding Documents and modifies the original ContractlBidding Documents as described below. Acknowledgment of receipt ofthis Addendum in the space provided on Page B-6 ofthe Bid Form is required. Failure to do so may subject a Bidder to disqualification. This Addendum consists of 1 page (NOT INCLUDING COVER) and the following attachments (to be transmitted via courier): 1) Summary to Minutes of Pre-Bid Conference - 12 pages 2) Attendees List of Pre-Bid Conference - 2 pages 3) Attendees List of Pre-Bid Site Visit - 1 pages 4) Augusta-Richmond County DBE Directory THERE WERE NO WRITTEN QUESTIONS RECEIVED BY 1/5/07 TO ANSWER. If you have any questions regarding this correspondence, please contact Augusta-Richmond County Purchasing at (706) 821-2422. END OF ADDENDUM NO. Page I of 1 1/1 0/07 I I I I I I I I I I I I I I I I I I I SUMMARY TO MINUTES OF PRE-BID CONFERENCE RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT at the AUGUSTA REGIONAL AIRPORT AUGUSTA, GEORGIA 10:00 A.M. December 29, 2006 I) INTRODUCTION Mrs. Phyllis Mills with the Augusta-Richmond County Purchasing Department introduced herself and welcomed the attendees to the Mandatory pre-bid conference for Bid Item #06- 201, Runway 17-35 Safety Overrun Improvements Project for the Augusta Regional Airport. Mrs. Mills informed the attendees that an attendance list was being circulated around the room and reminded everyone to sign it so that we would have record oftheir attendance, and '. an additional attendance list would be taken to the site to be signed for the Mandatory Site Visit. Minutes to the conference would be prepared and sent to each company attending. Mrs. Mills introduced the Engineer on this project, Mr. Andy Busbee with The LP A Group, Inc. Ms. Yvonne Gentry with the DBE office introduced herself and explained the importance of meeting the 15.17% DBE goal. Ms. Gentry also informed everyone that they must complete all the DBE forms in order for their bids to be accepted. Ms. Gentry closed by explaining that a list of vendors will be sent to all attendees in the form of an addendum, but not all are DOT certified. Mrs. Mills then turned the meeting over to Mr. Busbee, who introduced Monica LaBord, Brenda Brown, Tammy Strange, avid Widener, and Willis Boshears. Mr. Busbee then asked that questions be held to the end of the presentation and discussed the following items in regards to the referenced proj ct. II) SCOPE OF THE PROJECT The work has been divided into a Base Bid and Additive ids and may be generally described as follows: Base Bid: Regrading of existing Runway 17 overrun area to in lude bituminous pavement demolition, removal of existing drainage pipes, removal of tw existing runway approach light stations, construction of a crushed aggregate base course access road, installation of new drainage pipe and various erosion control measures. Additive Bid No.1 Clearing and regrading of existing drainage itch withinthe limits of the glide slope antennae critical area serving the approach to Run ay 35, installation of new drainage pipe and inlets and various erosion control measures. Page I of 12 I I I I I I I I I I I I I I I I I I I (g) Certification of Non-Segregated Facilities (h) Subcontractor List (i) Bidder's Questionnaire Regarding Subcontractors (j) Bidder Certification Regarding Debarment (k) Bidder's Qualification Questionnaire Section 12.1 BIDS shall be submitted at the time and place indi ated in the Advertisement. Each BID shall be marked and addressed as required in the dvertisement and shall be accompanied by the Bid Security and other required documents If the BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED, RUNWAY 17 35 SAFETY OVERRUN IMPROVEMENTS PROJECT, AUGUSTA REGIONAL ORT, BID ITEM # 06- 201 on the face thereof. DO NOT SUBMIT THE PROJECT M AL OR DRA WINGS WITH BID. Section 12.1.1 Mailing address: Geri A. Sams, Purchasing Director Augusta-Richmond County Purchasing epartment Municipal Building, Room 605 530 Greene Street Augusta, Georgia 30911 Section 15.1 All BIDS shall remain open for one-hundred tw ty (120) days after the day ofthe opening, but OWNER may, in his sole discretion, release ny BID and return the Bid Security prior to that Date. Section 16.1 OWNER reserves the right to reject any and all IDS, 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 disr gard all nonconforming, nonresponsive, unbalanced, or conditional BIDS. Section 16.6 If a contract is to be awarded, it will be awarded ursuant to the OWNER's procurement policy and to the lowest BIDDER whose evaluatio by OWNER indicates to OWNER that the award will be in the best interests of the Pr ~ect. It is the OWNER'S intention to award the project depending upon the availability f funds and the BIDDER being responsible and submitting a responsive BID for the Proj t. Section 19.2 Estimated Quantities: Where quantities of work re given in the BID these are approximate and are assumed solely for comparison 0 the BIDS. They are not guaranteed to be accurate statements or estimates of quantities of rk that are to be performed under the Contract, it being presumed that the BIDDER has verifie the quantities necessary to complete the Work of the Contract as intended, and any depa ure therefrom will not be accepted as valid grounds for any claim for damages, for extension [time or for loss of profits; Page 3 of 12 I I I I I I I I I I I I I I I I I I I V). VI). SUPPLEMENTARY CONDITIONS Bidders were urged to examine the insurance requirements con ained in the supplementary conditions to ensure compliance. When bidders are preparing t eir bids, pay close attention to the insurance requirements and send to insurance carriers ir eeded. SPECIFICATIONS SECTION 00800 SC-14 80-08 FAILURE TO COMPLETE ON TIM 80-08.1 Liquidated Damages: Liquidated damages for failure to complete all Base Bid work within the Contract time of 55 consecutive calendar days s all be $2,000 per calendar day. This sum is exclusive of additional enginee . ng fees and inspection fees incurred during the period of delay. See paragra h 3.3 ofthe Contract at page C-2. Liquidated damages for failure to complete all ase Bid plus Additive Bid No. I work within the total Contract time of 12 consecutive calendar days shall be $500 per calendar day. This sum s exclusive of additional engineering fees and inspection fees incurred du 'ng the period of delay. See paragraph 3.3 of the Contract at page C-2. In addition, for not completing all punchlist wo k as determined by the Engineer and the Owner at the Final Inspection for t e entire project within 30 consecutive calendar days from date ofthe Final Ins ection, $500 per day shall be deducted from money due the Contractor or his urety until the punchlist items are completed to the satisfaction of the Owner SECTION 01010 Section 1.06 A. Construction Time: The work as described by the co tract specifications and as shown on the plans shall be ready for use by the 0 er within 55 consecutive calendar days after the Notice-to-Proceed date for an aw rd of the Base Bid only and 120 consecutive calendar days from the Notice to Proce d for an award of the Base Bid plus Additive Bid No.1 and within the stipulated ph sing times after the Notice to Proceed as presented in the drawings on sheet PH-I In order to minimize the impact to airport passengers, airport tenants and the em loyees, completion of the project is critical and liquidated damages for not compl ting the project within the stipulated contract time as stipulated in this section and a set forth in Section 00800 Page 5 of 12 I I I I I I I I I I I I I I I I I I I Section 1.08 A. NA V AID 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. Radio Communication: Contractor shall maintain two-way radio communication with the Airport air operations personnel, on their frequency (121.9 and 118.7 MHZ Ground Control), at all times during construction. Contractor shall have a working radio on site at all times during construction and shall assign responsible personnel, including flagmen, to continuously monitor the radio. All radios shall be as specified in Section 01510. C. 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 NOT AM in accordance with established criteria. All requests for NOT AMS for airfield pavement 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 NA V AID shall be made at least 7 days in advance (not including weekends) by the Contractor to the Engineer D. 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. E. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. F. Haul Route: The 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. The Contractor shall be responsible for establishing haul roads suitable for supporting all planned construction equipment for the duration of the project. All existing roads and Contractor established haul routes that will be used as part ofthe haul road shall be restored to their original condition. Temporary drainage culverts and inlet protection will be necessary to maintain existing drainage. All required fill, base, temporary drainage culverts and inlet protection shall be determined by the Contractor, provided by the Contractor from sources other than the project site, and shall be approved by the Engineer. The Contractor shall be responsible for all clean up operations of debris that are along the haul road and haul route. The Contractor shall also be responsible for watering and/or any other dust preventive measures to preclude fugitive dust from affecting buildings and tenants onsite. No separate Page 7 of 12 I I I I I I I I I I I I I I I I I I I 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 oflack of coordinati,on will not be considered grounds for claim for additional time extensions and/or additional compensations. VII) AIRPORT PROJECT PROCEDURES SECTION 01030 Section 1.03 RUNWAY & TAXIWAY SAFETY ZONES: B.2 Request for Facility Closures: Construction activities on taxiways or within the above restricted areas shall only be performed at times when the taxiways are closed to aircraft. Closure of a runway or taxiway or any portion thereof must be requested in writing by the Contra~tor through the Engineer. 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. Section 1.05 SECURITY REQUIREMENTS: The Contractor has the responsibility for maintaining control ofthe 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. VIII) WEA THER DELAYS This project with is a consecutive calendar day project and bidders should anticipate some normal weather delays. Section 1035 ofthe project specifications deals with time extension for adverse weather conditions. IX) ANTICIPATED NOTICE-TO-PROCEED Tuesday, April 10, 2007. Page 9 of 12 I I I I I I I I I I I I I I I I I I I QUESTION & ANSWERS Mandatory Pre-Bid Questions Q: Is the 40% self-performance based on the Base Bid or the Additive Bid? A: Both. Q: How will earthwork quantities be paid? A: Final quantities will be paid based on the as-built survey. Q: Is a security fence necessary arounfthe staging area? A: No, because the area is already secure, but contractor is welcome to put one up anyway. Q: Do all DBE participants have to be GADOT certified? A: Yes. They must be either GADOT or SCDOT certified to be counted toward meeting the DBE goal on this project. Mandatory Site Visit Questions Q: Is it the contractor's responsibility to protect underground cable to remain operational? A: Yes. The FAA will locate these cables at the start of the construction. Q: Where will the contractor enter the Airport? A: For the Base Bid, the contractor will enter the Airport at Gate R. For the Additive Bid No.1, the contractor will enter the Airport at Gate B. Q: Is the Additive Bid No. I work concurrent with the Base Bid work? A: No. Q: Do all the trees in the ditch have to be hauled away? A: Yes Q: Who's responsible for compaction testing? A: The Owner will be responsible for the Quality Assurance testing. The Contractor will be responsible for the Quality Control testing. Q: Are there any subsurface tests in the Additive Bid No.1 work area? A: No. Q: In the Additive Bid No.1 work area, will the work go to the "headwater" of the ditch? A. No. The work is only approximately 1,500 LF long. Page 11 of 12 I I I I I I I I I I I I I I I I I I I ... CJ ~ .~ t :3 ~ = ~ ~ = bl) E = .5 ~ 1:: Q ... Q Q,...( ~,...( a.~@J ~z'. ~~E<\C "C.~_=~ ._\C = ~=~ ~i E 5N~ tea. .- =' ~ ~ ~ ~ ~N 00 t-':::O~ ~< Q"C S.c~ ... .- C Vl E ~ ~~~ ~~~ = r.t.:l = ~ ~ lrl<': ~ f't'l ;;.., I ~ r--- "C ~ .. " , ~ = = ~ ..... .= ~ ~r.:l s! .C ~ ~ i ~ -< r.. ~~ Or.:l =~ ~~ ~ ~ ~ Eo< ~ ~r.:l b8 UU ...... VJ VJ r.:l ~ Q Q -< r-: ~ r.:l ~ -< ~ ~ o U ~ ~ -< Z rJ;- ~ ~ ~ ~ ...0 \ ~ ~~ ~ ~\.V) ~ ~.~ ~~ ~~~U ~ 11 v, ~ ~ <f) r; ~ ~ ~ '-........ ~ C 'i. 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" ~ a:; c C 1Il <:: Cll > I E o o <5 c ~ 13 ~ c I ;; o ~ '" '" J, o .... .,. ... : oj, a- .0 :::: a- o a- :;: <( Cl co g < " .. " eo " <( ~ .. " < '" ~ -'< c.. "'" ~ ~ ~ .. " OJ; " <( r- N N ... c ~ ~ ;L .... '" '" :: .... :..! ~ ,., ~ ~ :.:; ;; u -g c I I I I I I I I I I I I I I I I I I I lnvitation To Bid Sealed bids will be received at this office until Thursday, January 25, 2007 @ 3:00 pm: Bid #06-20] Runway] 7-35 Safety Overrun Improvements Project at Augusta Regional Airport BID's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 Scope: The work has been divided into a Base Bid and Additive Bid and may be generally described as follows: Base Bid: Regrading of existing Runway 17 overrun area to include bituminous pavement demolition, removal of existing drainage pipes, removal of two existing runway approach light stations, construction of a crushed aggregate base course access road, installation of new drainage pipe and various erosion control measures. Additive Bid No. I: Clearing and regrading of existing drainage ditch within the limits ofthe glide slope antennae critical area serving the approach to Runway 35, installation of new drainage pipe and inlets and various erosion control measures Bidding documents may be examined at the following locations: Office ofthe Owner; Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Imaging Technologies. The fees for the plans and specifications which are non-refundable is $] 00.00 Documents may also be examined during regular business hours at Office of the Engineer, The LP A Group, Inc., 700 Huger Street, Columbia, SC 29201, F. W. Dodge Room, 1281 Broad Street, Augusta, GA 30901 and Augusta Builders Exchange, 304 14th Street, Augusta, GA 30904. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through Imaging Technologies (706-724-7924) beginning Thursday, December 7, 2006. Bidders are cautioned that submitting a package without procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk ofreceiving incomplete or inaccurate information upon which to base his qualifications. A MANDA TORY Pre-BID Conference will be held on Friday, December 29, 2006 at ] 0:00 am in Room 605 ofthe Procurement Department, with a MANDA TORY SITE VISIT to immediately follow. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-28]] or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. The last day to submit questions is Friday, January 5, 2007 by 4:00 p.m. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation (DOT), apply to this contract. It is the policy ofthe OWNER to practice non-discrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. A ward of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all BIDDERS, including those who qualify as a DBE. The attainment of goals established for this contract is to be measured as a percentage of the total dollar value of the contract. The goal the Owner has established for this contract is as follows: ] 5.17% ofthe Contract to be performed by DBE firms (based on historical availability of references and the Engineer's determination that the above prescribed percentages of the total project work is available to be performed by disadvantaged business enterprise (DBE) firms with in the project area). The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the work. This desire on the part ofthe Owner is not intended to restrict or limit competitive bidding or to increase the cost ofthe work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No BID may be withdrawn for a period of] 20 days after time has been called on the date of opening. A] 0% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a ]00% payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any bid package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark BID number on the outside ofthe envelope. Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program contact the Office of the Disadvantage Business Enterprise at 706-821-2406. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus Cc: Tameka Allen Tim Weegar Yvonne Gentry Andy Busbee December 7,12, 14,21,2006 December 14,2006 Interim Deputy Administrator Augusta Regional Airport DBE The LP A Group, Inc. I I I I I I I I I I I I I I I I I I, I TABLE OF CONTENTS BIDDING REQUIREMENTS (White) Invitation to Bidders Notice to Bidders Instructions to Bidders BID FORMS (Blue) Bid Form Bid Schedule Bid Bond Form of Non collusion Affidavit Equal Opportunity Statement Bidder's Affidavit DBE Program Statement Certification Regarding Fair Trade Certificate of Prompt Payment Buy American Certificate (January 1991) Certification of Nonsegregated Facilities Performance of Work by Subcontractors Bidder's Questionnaire Regarding Subcontractors Bidder Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction Bidder's Qualification Questionnaire CONTRACT FORMS (White) Contract Exhibit "A" Certificate of Secretary Construction Performance Bond Construction Payment Bond GENERAL PROVISIONS (Pink) Section 10 - Definition of Terms Section 20 - Deleted Section 30 - Deleted Section 40 - Scope of Work Section 50 - Control of Work Section 60 - Control of Materials Section 70 - Legal Relations and Responsibility to Public Section 80 - Prosecution and Progress Section 90 - Measurement and Payment Section 100 - Contractor Quality Control Program Paee Numbers N-1 to N-2 IB-1 to IB-12 B-1 to B-6 B-4a to B-4d B-7 to B-8 ' B-9 B-10 B-ll B-12 to B-19 B-20 to B-21 B-22 B-23 B-24 B-25 B-26 B-27 to B-29 B-30 to B-33 C-1 to C-7 1 to 3 CS-1 PB-1 to PB-2 PB-3 to PB-4 GP-10-1 to GP-10-5 OMITTED OMITTED GP-40-1 to GP-40-5 GP-50-1 to GP-50-7 GP-60-1 to GP-60-3 GP-70-1 to GP-70-12 GP-80-1 to GP-80-6 GP-90-1 to GP-90-8 OMITTED DIVISION 3-16 NOT USED. I I I I I I I I I I I I I I I I I I I P-610 D-701 D-751 D-753 E-891 E-893 E-895 T-901 T -905 APPENDIX A Structural Portland Cement Concrete Pipe for Storm Drains and Culverts Drainage Structures Rip Rap Inlet Protection Temporary Silt Fence Erosion Control Matting Grassing and Mulching Topsoiling P-61O-1 to P-610-7 D-701-1 to D-701-5 D-751-1 to D-751-6 D-753-1 to D-753-4 E-891-1 to E-891-2 E-893-1 to E-893-3 E-895-1 to E-895-3 T-901-1 to T-901-5 T-905-1 to T-905-3 GEOTECHNICAL INVESTIGATION REPORT 111 I I I I I I I I I I I I I I I I I I I NOTICE TO BIDDERS The AUGUSTA A VIA nON COMMISSION will receive sealed proposals for the RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT, BID ITEM # 06-201 at the Augusta Regional Airport, Augusta, Georgia, FAA ALP. Project No. 3-13-0011-26-2003 until 3:00 p.m. on January 25. 2007 at the office of the Augusta-Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. Bids will be publicly opened and read aloud. Bids received after the stated time will not be accepted. SCOPE OF WORK: The Work may be generally described as follows: Base Bid: Regrading of existing Runway 17 overrun area to include bituminous pavement demolition, removal of existing drainage pipes, removal of two existing runway approach light stations, construction of a crushed aggregate base course access road, installation of new drainage pipe and various erosion control measures. Additive Bid No.1: Clearing and regrading of existing drainage ditch within the limits of the glide slope antennae critical area serving the approach to Runway 35, installation of new drainage pipe and inlets and various erosion control measures. CONTRACT TIME: The total Contract time shall be 55 consecutive calendar days for the Base Bid or 120 consecutive calendar days for the Base plus Additive Bid No.1 from the date of Notice- to-Proceed and within the prescribed construction phasing described in the Proj ect Manual. PREBID CONFERENCE: A MANDA TORY Pre-Bid conference will be conducted on December 29. 2006 at 10:00 a.m. at the Augusta- Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. A MANDATORY Site Visit will be held after the Pre-Bid Conference at the Augusta Regional Airport, 1501 Aviation Way, Augusta, Georgia 30906. BIDDING REQUIREMENTS: Bid security in the form of a bid bond, made payable to the Augusta Regional Airport Aviation Commission, equal to 10% of the total bid is required. Contract security in the form of 100% Performance and Payment Bonds will be required. No bid may be withdrawn after closing time for the receipt of proposals for a period of one hundred twenty (120) days. A Notice-of-Award for the Contract will be issued once a successful bidder has been determined and funding has been secured. N-1 ill-I INSTRUCTIONS TO BIDDERS DEFINED TERMS Terms used in these INSTRUCTIONS TO BIDDERS are defined in the General Provisions, and the Supplementary Conditions of the Construction Contract and shall have the intent and meaning assigned them therein. Terms defined in the General Provisions being redefined by modification in the Supplementary Conditions shall have the intent and meaning assigned them in the Supplementary Conditions. The term "Successful Bidder" means the lowest, qualified, responsible, responsive BIDDER to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" means the Bidding Requirements, Contract Forms, Bid Forms, Conditions of the Contract, Specifications, Drawings, and Addenda issued by the OWNER for the purpose of obtaining a bid on the Work. BIDDING DOCUMENTS Complete sets of Bidding Documents shall be used in preparing bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. OWNER and ENGINEER in making copies ofthe Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, the Low (Successful) Bidder must submit, within (7) days of Bid Opening, as part of his BID on the prescribed form, evidence which may be required by the OWNER, such as, but not limited to, financial data and previous experience. Each BID must contain evidence of the BIDDER's qualification to do business in the state where the Project is located. Conditional or qualified BIDS will not be accepted. In addition, pertinent provisions of Paragraph 16 of this section determines additional requirements for qualifications of BIDDERS. By submission of a BID the BIDDER agrees, that if awarded a contract, to perform on the Site and with his own organization, work equivalent to at least FORTY PERCENT (40%) of the total amount of the Work to be performed under the Contract. If during the progress of the Work hereunder, the CONTRACTOR requests an adjustment of such percentage and the ENGINEER determines that it would be to the OWNER's advantage, the percentage of the Work required to be I I I I I 5.2 I 6. I 6.1 I I 6.2 I 6.3 I I I I I 7. I 7.1 I I I ALL QUESTIONS OR CLARIFICATIONS SHALL BE DIRECTED TO THE PURCHASING DEPARTMENT. DIRECT CONTACT BY ANY POTENTIAL BIDDER TO THE ENGINEER OR AIRPORT OTHER THAN TO VIEW PLANS MAY BE CAUSE FOR BID DISQUALIFICATIONS. Questions received later than 4:00 p.m. on January 5,2007 will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Bidding Documents as deemed advisable by PURCHASING DEPARTMENT. BID SECURITY Each BID must be accompanied by Bid Security made payable to OWNER, in an amount of ten (10) percent of the BIDDER's maximum BID PRICE (including all additive alternatives) in the form ofa Bid Bond prepared on the Form of Bid Bond included in the BID, duly executed by the BIDDER as principal and issued by a surety meeting the requirements of the General Provisions and Supplementary Conditions thereto. Attorneys-in- fact who sign the bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power-of-attorney. The Bid Security ofthe Successful BIDDER will be retained until such BIDDER has executed the Agreement and furnished the required Contract Security and Insurance Certificates, whereupon it will be returned; ifthe Successful BIDDER fails to execute and deliver the Agreement and furnish the required Contract Security and Insurance Certificates within fifteen (15) days of NOTICE OF AWARD, OWNER may annul the NOTICE OF A WARD and the Bid Security ofthe BIDDER will be forfeited to OWNER as liquidated damages for such withdrawal, failure or refusal. The Bid Security of any BIDDER whom the OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the "effective day of the Agreement" by OWNER to CONTRACTOR and the required Contract Security and Insurance Certificates are furnished, or one hundred twenty one (121) days after the Bid Opening. Bid Security of other BIDDERS may be released within seven (7) days of the Bid Opening. CONTRACT TIME Time for completion of the Project is as stated in the Notice to Bidders and as set forth in the BID and included in the Agreement. IB-3 I I I I I I I I I I I I I I I I I I I 11. 11.1 11.2 11.3 11.4 I1.S 11.6 11.7 11.8 11.9 11.10 11.11 BID FORM AND SCHEDULES One bound copy of the Bid Form and Schedules is included herein. One additional unbound copy is provided for use in preparing BIDS. DO NOT USE THE BID FORM BOUND IN THE PROJECT MANUAL FOR SUBMISSION OF BIDS. Bid Forms and Schedules must be completed in ink or by typewriter. Each BID must be submitted on the prescribed form. All blank spaces and Bid Prices must be filled in. The Bid Price must be stated in words and numerals or as indicated in the BID Forms. The firm, corporation, or individual name of the BIDDER must be signed in ink in the space provided for the signatures on the Bid Form. BIDS by corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. BIDS by individuals must be signed by the individual owner and the terms "doing business" or "sole owner" must appear under the signature. The BIDDER must state in his BID the name and address of each person or corporation interested therein. The numbers of all addenda and the date each was received shall be filled in on the Bid Form. The address to which communications regarding the BID are to be directed must be shown on the Bid Form. Affidavits: Each BIDDER is required to duly execute the BIDDER's and Non-Collusion Affidavits at the end ofthe BID. All names must be typed or printed below the signature. The only markings by the BIDDER which will be considered by the OWNER in evaluating the BID are those made on the bid form itself. No markings on the exterior of the envelope or other extraneous marks will be considered as part of the BID. IB-S I I I I I I I I I I I I I I I I I I I 16. 16.1 16.1.1 16.2 16.3 16.4 16.4.1 AWARD OF CONTRACT OWNER 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 nonconforming, nonresponsive,-unbalanced, or conditional BIDS. Also, OWNER reserves the right to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest ofthe Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria. established by OWNER. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. The following are examples of factors which, among others, will determine the responsiveness of bids: a The completeness and regularity of Bid Form; b A Bid Form without excisions or special conditions; c A Bid Form having no alternative bias for any items unless requested in the Specifications; d A Bid Form without obviously unbalanced unit prices; e Submission of a properly executed Bid Bond; and f A Bid responsive to the requirements of Part 152 of Federal Aviation Regulations. In evaluation of BIDS, OWNER shall consider qualifications ofthe BIDDERS and whether or not the BIDS comply with the prescribed requirements in the Bid Forms. OWNER may consider the qualifications and experience of subcontractors, other persons or organizations (including those who are to furnish the principle items of materials and equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the General Provisions. Maintenance considerations, performance data and guarantees of materials may also be considered by OWNER. OWNER will consider DBE participation and whether or not BIDDER made an effort to meet specified DBE goals. OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any BID and to establish the responsibility, qualifications and other persons and organizations to do the work in accordance with the contract documents to OWNER's satisfaction within the prescribed time. Responsibility shall be based on whether the BIDDER: a Maintains a permanent place of business; IB-7 21. SALES TAX I I I I I I I I I I I I I I I I I I I 19.1 Laws and Regulations: The BIDDER's attention is directed to the fact that applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though therein written out in full. 19.2 Estimated Quantities: Where quantities of work are given in the BID these are approximate and are assumed solely for comparison of the BIDS. They are not guaranteed to be accurate statements or estimates of quantities of work that are to be performed under the Contract, it being presumed that the BIDDER has verified the quantities necessary to complete the Work of the Contract as intended, and any departure therefrom will not be accepted as valid grounds for any claim for damages, for extension of time or for loss of profits; nor will any additional payment, be made regardless of the actual quantities required or ordered to complete the Work. 20. PREBID CONFERENCE 20.1 A MANDA TORY Pre-Bid conference will be conducted on December 29, 2006 at 10:00 a.m. at the Augusta-Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta,. Georgia 30911. A MANDATORY Site Visit will be held after the Pre-Bid Conference at the Augusta Regional Airport, 1501 Aviation Way, Augusta, Georgia 30906. Representatives of OWNER and ENGINEER will be present to discuss the Project. ENGINEER will transmit to all prospective BIDDERS of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. 21.1 Unit prices bid shall include all sales taxes, and other applicable taxes and fees. 22. PREVAILING WAGE RATES 22.1 The construction wage rates have been certified by the US Department of Labor to be wages prevailing for construction ofthe contract. In accordance with the terms of the Proposal, the Contractor agrees to pay to each employee ofthe corresponding craft at least the wage rate listed. In addition to the basic hourly rates shown, certain crafts, trades or industries indicate health, welfare, pension, and other fringe benefits which are given employees pursuant to a bonafide Collective Bargaining Agreement for the respective craft, trade, or industry. In the absence of any such Agreement, the basic hourly rates plus the monetary equivalent for the fringe benefit payments indicated, less any legal deductions, shall be paid directly to the employees. The wage rate determination of the US Department of Labor incorporated on the following pages does not include rates or the requested classification listed below. lB-9 I I I I I I I I I I I I I I I I I I I 23.4.5 23.4.6 23.4.7 23.4.8 All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions. BIDDERS must comply with the requirement that siltation and erosion are to be held to the absolute minimum during construction. Equal Employment Opportunity Requirements: a BIDDERS must comply with the President's Executive Order No. 11246 which prohibits discrimination in employment regarding race, creed, color, sex or national origin. b Each BIDDER shall complete, sign and include in his bid proposal the Equal Opportunity Report Statement. When a determination has been made to award a contract to a specific Contractor, such Contractor shall, prior to award, after award or both, furnish such other pertinent information regarding his own employment policies and practices as well as those of his proposed subcontractors as the OWNER, or the Secretary of Labor may require. All such information required of a subcontractor shall be furnished by the Contractor. c Notice of Affirmative Action: Specific goals for minority and female participation expressed in percentage terms are specified in the General Provisions. d Disadvantaged Business Enterprise Program: The OWNER has established goals for DBE participation on this Project. The BIDDER's attention is directed to the Notice to Bidders, Supplementary Conditions and Bid Forms for the specific goals. BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) 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 ofthe cost of all its components and ill-II I I I I I I I I I I I I I I I I I I I ,. BID FORM (Failure to furnish all requested data will be cause for considering BIDDER nonresponsive and may render this BID invalid on that basis.) BID FOR: ' RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.I.P. PROJECT No. 3-13-0011-26-2003 SUBMITTED TO: Augusta Aviation Commission . ' , C/O Augusta-Richmond County Purchasing Department Municipal Building, Room 605 530 Green Street Augusta, Georgia 30911 SUBMITTED BY; "&~ <::..." t i'lNl12..A<':r1N ~ J ::r:.Nc!-, BIDDER's Name 2. 3.~ S A+"nI\.; (' i2....-".-.-l Address "'J2,.~...J'J,.. I'S.I~) ~~ 2.."J5!,4?. City, State and Zip Code 1. The undersigned, hereinafter called BIDDER, in compliance with the "Notice to Bidders," accepting all of the terms and conditions of the "Instructions to Bidders," including without limitation those dealing with the disposition of Bid Security; proposes and agrees, if awarded the Contract, to enter into an Agreement with the OWNER in the form of Agreement included in the Contract Documents, to furnish all materials, equipment, machinery, tools, apparatus, means oftransportation and labor necessary to complete the work to be performed under this Contract within the Contract Time indicated in this BID, in full and complete accordance with the shown, noted, described and reasonably intended requirements ofthe Contract Documents,' to the full and entire satisfaction of the OWNER, for the amounts contained in the Bid Schedules. 2. This BID will remain open for 120 days after the day of BID opening. If awarded a contract, BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 15 days after the date indicated in OWNER's Notice of Award. ' B-lof33 I I I I I I I I I I I I I I I I I I I , 3. In submitting this BID,BJDDER represents that: (a) BIDDER has become thoroughly familiar with the terms and conditions of the proposed Contract Documents accepting the same as sufficient to indicate and convey understanding of all the conditions and requirements under the Contract which will be executed for the Work. (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. (c) This BID is genuine and not made in the interest of or on behalf of any undisclosed . person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over OWNER. (d) That no member of the Augusta-Richmond City/County government or other officers or employees of said OWNER is interested directly or indirectly in the Bid or in any portion of the Bid nor in the Contract or any part of the Contract which may be awarded the undersigned on the basis of such BID. ( e) This BID is based upon prevailing wages in Richmond County, Georgia and in no case are wages less than those determined by the Secretary of Labor, a schedule of which is contained in the Federal Contract Provisions, FCP-l. (f) It is a condition ofthis BID and any subsequent contract entered into pursuant to this BID, and it shall be made a condition of each subcontract entered into pursuant to the prime contract that the Contractor and any Subcontractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsatisfactory, hazardous, or dangerous to his health or safety, as determined under Construction Safety and Health Standards, Title 29, CFR, Part 1518 36FR7340, promulgated by the U.S. Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, 82, Statt. 96; that it is a further condition of this BID that he shall be solely. responsible for the enforcement of such Construction and Health Standards, and that he definitely understands that the OWNER and his authorized representatives will not assume any liability resulting from his failure to police and enforce all such standards. (g) The description under each bid item, being briefly stated, implies, although it does not mention, all incidentals and that prices stated are intended to cover all such work, B-20f33 I I I I I I I I I I I I I I I I I I I .., ,~, materials and incidentals as constitute BIDDER's obligations as described in the Specifications, and any details,not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. (h) The Prices Bid includes all sales taxes and other applicable taxes and fees. Bids shall also' include appropriate provisions for price escalation for. materials and labor. including but not limited to increase in federal, state or local sales taxes and income or FICA taxes. 4. Contract Time: BIDDER agrees that: (a) The work will be completed within SS consecutive calendar days from date of Notice-to-Proceed and within the stipulated phasing times as prescribed in Section 01010 "Scope of Work" of the Project Manual. (b) He/She Will commence work with an adequate force and equipment at the time stated in the Notice to Proceed, and complete all work in the number of days stipulated from the date stated in said notice including working overtime and on Saturdays, Sundays, and legal holidays as necessary in order to complete the project on time. 5. Bid Schedule: See attached pages B-4a through B-4d B-3 of 33 I I BID SCHEDULE RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I Item Spec. No. No. Item Description I (Write Unit Price in Words) BASE BID Estimated Quantity Unit Unit Price Total Extended I 00800 Supplementary Insurance Provisions DollarsT wo Tb~ TJ.. .......___ l..k)M~1 s ;~~" Cents , 2=rl'>. 2 01000 Mobilization . Dollarss~v~^-I-...I /J,'i\..f>. TJ..A/!><../" ~ ..J Cents Z-oe.ro 3 01530 Barricades Dollars, S: Ii TJ-av.,,=,. _...J S~l!!:.AUu~ ...-ed~;..p./.y Cents Z~C> 4 S-140A Asphalt Pavement Removal Dollars F,'v't"_ Cents E..i,L.+y tf:vt'" 5 8-140B Stonn DrainPipe (15"-18") Removal Dollars e...;.,L+ Cents V; .f!'7 6 S-14OC Remove Existing MALSR Equipment DoUars-rk.,-ee- -rJ..aJ~ 'F: v.... dw..J re..J Cents ~n 7 P-152A Unclassified Excavation 1 L..8. S 2.J~'OO $2;,3<-0.00 I I 1 L.S. S '?'3,oG>O. 00 $ "',tJoc>.6t:> I I 'L..8.$ ~?St:>_(:>o S ~,?5o.c>o I 1,350 S.Y. $ s.z.5.. S ?, .s ') '7, 00 I I 36 L..F. $ . g.s.e> $ 3DC-.oo I I 1 L.S. $ 3"..Soo.= S' 3;.500.00 I ]2,000 C.Y. $ /0.00 $ 12-0, c.:>oo.~ I Dollars ., e.^ Cents Ze,,...o 8 P-152B Unclassified Excavation. WASTE 500 C.Y. $ J:50.oo $ 7, Soc>. 00 I Dollars F;*4~ Cents Z-~""'D I 9 P-209 Crushed Aggregate Base Course 300 C.Y, $ .so.2S $ /50,075.00.,. I Dollars 1=;-f~1/ Cents "Ti....>~ r=,'v@_. I BIDDER'S ORGANTZA nON I Page B-4a I I BID SCHEDULE RUNWAYl~3SSAFETYOVERRUNI~PROVEMENTSPROJECT AUGUSTA REGIONAL AIRPORT I I I I I I I I I Dollars ON!::- T~~ 1E1',L+JJuALi.~ Cents Ze,..o ' IS T-90S OnsiteTopsoil 8,250 C.Y. $ ~. 00 S 4",506.06 I Dollars 5,' X Cents Z.erD I I TOTAL BID AMOUNT - BASE BID $ S5S, "~.2-S:. I I I I BIDDER'S ORGANIZATION I Page B-4b I I BID SCHEDULE RUNWAY 17-35 SAFElY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I , Ittm Spec. l"o.. 'No.. Item Description I (Writt Unit Price in Words) ADDITIVE BID NO.1 Estimated Quantity Unit I I Al P.152A Unclassified Excavation Dollars €::.I-e.v I"" A Cents 2.=.-= A2 P-152B Unclassified Excavation - Waste Dollars F;~I\. Cents ? -r=-r-o A3, 0-7018 60" Class III RCP, ' Dollars OAe... HuM.red fiJ/,,-e:+y F I'Ve- Cents Z. e....r I'":> A4 0-751 ' Modified Type 12 Catch Basin 1,200 L.F. $ ""s.oe. $ 2.34)000_00 11,500 C.Y. $ I 500 C.Y. S I I Unit Price To.tal Extended /I.t:lO $/2.'-)500.00 IS.oo S 7, 5.oc> .00 I 4 Each $ S,OSl:..oo $ ~z..z,.~.oo DolIars 'I= I'Ve- TJ,L)/.J.~ 1=;+'~, S: x C / ents Z. ~rc> I A5 0-753 Type 111 Rip Rap 250 TON S I Dollars ,SpJ,l~'j'Jv-e-e... Cents F;~e." A6 E-891 Inlet Protection 4 Each $ I Dollars TJ..ree.-~UJvh"e.d Se..ve......-fy F:ve. Cents 7'- ...-c. I A7 E-893 Temporary Silt Fence 1,050 L.r. $ I Dollars S,' 'i. Cents Z-e.r-n A8 E-895 Temporary Erosion Control Matting 1,250 S.Y. $ I Dollars FoUr Cents F;~ I A9 T-901 Grassing and Mulching 7 ACRE S '.Izc,O.DO$ IZ./~o.oc:>. . I Dollars O,,-e..-7/wuSru-J e.;"jL-f ~l.JNirJ Cents Z-e-rD ' I BIDDER'S ORGANIZA nON I Page B-4c ?3./f;. $ I2>J z..Z 7. ~ 375.00 $ L..oo $ q.l~ $ f,s.oo.oo ~J 3OC:U::lC> SJJ ~? ~ I I BID SCHEDULE RUfl,W A Y 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I Estimated Quantity Unit ,Item Spec. No. No. Item Description I (Write Unit Price in Words) ADDmVE BID NO.1 Unit Price Total Extended I 4,500 C.Y. $ t:...OO $ 2-?JDCJo.~ At 0 T-90S Onsite Topsoil I Dollars $,' X Cents 2. e.-r- c::> I $ , 4S"~o~.oo TOTAL BID AMOUNT - ADDITIVE BID NO. I I $ 2,/5)D~.s,Z.S. . TOTAL BID AMOUJI\T - BASE PLUS ADDITIVE BID NO.1 I I I I I I I I I I I I BIDDER'S ORGANIlA nON Page B-4d 13.c..A.f.t..s ('-DNT12AC~n ^-I ("", I :r;",<.J C- I I I I I I I I I I I I I I I I I I I 6. ' Execution of Contract: . BIDDER agrees that: (a) In case of failure on his part to execute the said Contract and Bonds within 15 days after the date indicated in the "Notice of Award", the check or bid bond accompanying this BID, and the money payable thereon"shall be paid to the OWNER as liquidated damages for such failure; otherwise the Bid Bond or check accompanying this BID shall be returned to the undersigned. 7. Bid Documentation: The following documents are attached to and made a part of this BID: (a) Required Bid Security in the form of a Bid Bond or certified check payable to the order of the Augusta Aviation Commission. (b) Non-collusion Mfidavit (c) , EEO Report Statement ' (d) Bidder's Affidavit (e) DBE Statement ,/ (f) Certification Regarding Fair Trade (g) . Certificate of Prompt Payment (h) Buy American Certificate (i) Certification of Non-Segregated Facilities CD Performance of W orkby Subcontractors (k) Bidder's Questionnaire Regarding Subcontractors. (1) Certification Regarding Debarment, Suspension, Ineligibility and Vo1untaryExclusion Lower Tier Covered Transactions (m). Bidder's Qualification Questionnaire 8. Name and business address (mailing and street) of BIDDER to which all formal Notices shall be sent: 9. Z3~.sA+ol'Z\,;e.. 2e>~J 6P~J..-r..f':..'~J sc.. Z"'JZ4Z- The terms used in this BID which are defined in the General Provisions of the Construction B-5 of 33 Contract inchided as a part of the Contract Documents have the meanings assigned to them in the General Provisions. ' I I I I I I I I I I I I I I I I I I I 10. BIDDER hereby acknowledges receipt of the following addenda: 11. The BIDDER shall state on the line below, if a corporation, the name of state in which incorporated and the date of said corporation. ( /Q'6D) Addendum No; I SOUTI-I ~~aUNJ. Dated I J /(:;/ 1!)7 , . day of ~ CVJLtU.,l~ ,2001 "fZ.,;::. AM ~ c.J.:)N-rl2.AL.Td>J.JC:w 'I.JtJ1' Contractor . By: ~'ZP ~~ p~ . (Signature otrndi~idU'at, partner th:::sLJ~ . or officer signing the Bid) Signed this :J 5' , . (J D J ".tJ.t~ ATTEST'1f!'t ~t fd , ,', '#~/r;l€~ (Seal) , (Seal required if BIDDER is a corporation.) Z&.::..o')o J G.A . Dc::rI License Number , . NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal-is required if BIDDER is a Corporation. If Contractor is a partnership, aH partners shaH execute the BID (add spaces as required). B-60f33 as Principal, and I I I I I I I I I I I I I I I I I I I . BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Surety, are hereby., , held and firmly bound unto Aue:usta Aviation Commission in the penal sum of for The payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed, this _ day of ,2003. The conditions of the above obligation is such that whereas the Principal has submitted to the Augusta Aviation Commission certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing for the Construction of: Runway 17-35 Safety Overrun Improvements Project at the Augusta Re~ional Airport NOW THEREFORE, (a) If said BID shall be rejected, or in the alternate, (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Agreement attached hereto (properly completed in accordance with said BID) and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all otherrespects 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 ofthe Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein . stated. B-70f33 I I I I I I I I I I I I I I I I I I I The Surety, for value received, hereby stipulates and agrees that obligations of said Surety and its Bonds shall be in no way impaired or affected by any extension of the time within which the Owner may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal 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 proper officers, the day and year first set forth above. (L.S.) Principal Surety By: (SEAL) (1) Date of Bond must be same date as BID. ,(2) Bond must be signed or countersigned by Surety's proper Georgia Resident Agent. Date ofPower-of-Attomey shall be same date as date of Bond. (3) . If a Partnership, all partners shall execute Bond. B-8 of 33 I I I I I I I I I I I I I I I I I I I (})avis-fjarvinJlgency, Inc. AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Beam's Contracting, Inc. as Principal, hereinafter called the Principal, and Great American Insurance Company a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta Aviation COnmllssion as Obligee, hereinafter called the Obligee, in the sum of Ten Per Cent (10%) of Amount Bid Dollars ( ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Runway 17-35 Safety Overrun Improvements Project at the Augusta Regional Airport - FAA AIP NO. 3-13-0011-26-2003 NOW, THEREFORE, of the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee-in accordance with the terms of such bid, arid give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th_ day of _January , 2007. ~~~A~~'!~ (Witness) Beam's Contracting, Inc. (Principal) 6~~~~ ?f"e8~(Title) (Seal) By: ,iP~ fI(~ ( itness) Great American Insurance Company (Surety) (Seal) Bl~~d~ , (Title) / Attorney in Fact AlA Document A310' Bid Bond' AlA' February 1790 ED' The American Institute of Architects, 1735 NY Ave., rwv, Washington, DC 20006 Name Address COLUMBIA, SOUTH CAROLINA COLUMBIA, SOUTH CAROLINA MACON, GEORGIA Limit of Power ALL $75,000,000. I I GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 I The number of persons authorized by this power of attorney is not more than THREE No.O 17456 I POWER OF ATfORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. I I BARBARA H. REGISTER HERBERTL.DECUERS JOHN R. WALKER I This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact narned above.. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of APRIL , 2005 Attest GREAT AMERICAN INSURANCE COMPANY I I I STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C, KITCHIN (513-412-4602) On this 20TH day of APRIL,2005 ,before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. I I I This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. I RESOLVED: That the Division President, the several Division Vice Presidents and Assistant VICe Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company. as surety, any alld all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. I RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, sllch signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. I CERTIFICATION I I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. I Signed and sealed this 25th day of January 2007 I My Commission expires D ~Q~ ~-r \ C\ . , 20 1L~ I I I I I I I I I I I I I I I I I I I , . . FORM OF NONCOLLUSION AFFIDAVIT (This Affidavit is Part of BID) STATE OF Sot',[rrl-l f' A~LJ/.JA ) ) SS. ) COUNTY OF A.I KeAJ b-~P~ l$e~ . . being ITst duly sworn, deposes and says that he IS 6~~~-e~ . (Sole owner, a partner, president, secretary,etd.) {;Yr.}. ~ rl1/A:f ., . .' of ~\ ~ f'1)AfTE.)..t!.--nAJ r... J -:r.M"'..... . . the party making the foregoing Proposal or BID that such BID is genuine and not collusive or sham; that said BIDDER has not colluded, conspired, connived, or agreed, directly or indirectly, with any BIDDER or person, to put in a sham BID, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid Price of affiant or any other BIDDER, or to fix any overhead, profit or cost element of said Bid Price, or ofthat of any other BIDDER, or to secure any advantage against OWNER any person interested in the proposed Contract; and that all statements in said Proposal or BID are true; and further, that such BIDDER has not, directly or indirectly submitted this BID, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. :6 p a r1) If.) C-envlf\ ~.~ Ilj I Or, <- (BIDDER) Sworn to and subscribed before me this ~ 6 day of 0"" A..)nu-.D--"{ d~<A~~~ ~-O^-~~UA> .. ,200J :~ \\{ Q r-.- County '~1)\J.....~ (' ("L~\",,"'f'.-~ (SEAL) B-9 of 33 DATE: 1/2-5./0'7 I I I I I I I I I I I I I I I I I I I I I (THIS REPORT IS PART OF THE BID) EQUAL OPPORTUNITY REPORT STATEMENT AS REQUIRED BY 41 CFR 60-1.7(b) The BIDDER (Proposer) shall complete the following statement by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection,ofbid: 1. The BIDDER (Proposer) has ~ has not ~ developed and has ~ does not have _ on file at each establishment affIrmative action programs pursuant to 41 CFR 60-1.40 and 41 CFR 60-2. 2. The BIDDER (proposer) has -L has not --...:..- participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as . amended. 3. The BIDDER (proposer) has 1- has not _ filed with the Joint Reporting Committee the annual compliance report on Standard Form 100 (EEO-l Report). 4. The BIDDER (Proposer) does _ does not _ employ fifty (SO) or more employees. NAMEOF BIDDER: ~AM.:'.s c.oAtT12.iirr:rING..~J:NC- BY: tfr"/J)~ ~ ~avY\- TITLE: P/\l ~ ,It .~ B-I0 of33 My Commission expires a ~'\J'Q...r \ <i .2ott\ I I I I I I I I I I I I I I I I I I I BIDDER'S AFFIDAVIT (This Affidavit is part of the BID) ,STATE OF .souT'~ (,-A..'2.i:::JUNI1 ) COUNTY OF A II< t=' -^J ) ()Nco$e~ being duly sworn, deposes and says that he resides at /11 I if 1 [J, t/ Ed Cf ~5 c. that he is the p^~rW (Give Title) who signed the abode Proposal or BID, That he was duly authorized to sign and that the BID is the true offer of the BIDDER, that the seal attached is that seal of the BIDDER and that all the declarations and statements contained in the BID are true to the best of his knowledge and belief. ~~) Subscribed and Sworn to before me this ~ day 00\ ~~ 2<h,. V~~~\.... C\~LLLD (Notary Public) (SEAL) B-ll of33 I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ' The following bid conditions apply to this Department of Transportation (DOT) assisted contract. Submission of a BID/proposal by a prospective Contractor shall constitute full acceptance ofthese bid conditions. . . , (1) DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in Subpart D to 49 CFR Part 26. (2) POLICY - It is the policy of DOT that DBEs as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. ' (3) DBE OBLIGATION - The Contractor agrees to ensure that disadvantaged business /- enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the "- . performance of contracts and subcontracts fmanced in whole or in part with federal funds. In this regard all Contractors shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. (4) COMPLIANCE/CONTRACT ASSURANCE - The CONTRACTOR or hislher subcontractor(s) shall not discriminate on the basis of race, color, national origin, or sex in 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 OWNER deems appropriate. (5) SUBCONTRACT CLAUSE - All BIDDERS and potential Contractors hereby assure that they will include the above compliance clause in all subcontracts which offer further subcontracting opportunities. (6) CONTRACT AWARD - BIDDERS are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted contract. (7) DBE PAR TICIP A TION GOAL. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation (DOT), apply to this contract. It is the policy of the OWNER to practice non-discrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon B-120f33 I I I I I I I I I I I I I. I I I I I I satisfying the requirements of this bid specification. These requirements apply to all BIDDERS, including those who qualify as a DBK . . The attainment of goals established for this contract is to be measured as a percentage of the total dollar value ofthe contract. The goal the Owner has established for this contract is as follows: 15.17% of the Contract to be performed by DBE fIrms (based on historical availability of references and the Engineer's determination that the above prescribed percentages of the total project work is available to be performed by disadvantaged business enterprise (DBE) firms within the project area). ' (8) AVAILABLE DBES - The OWNER requires that in order to be counted toward the DBE participation percentage, that a DBE firm be certified in accordance with Federal Regulation 49 CFR 26. The OWNER has verified that the Georgia Department of Transportation utilizes these criteria and thus will accept DBE's from ONLY the ODOT "DBE Certified List". BIDDERs ,are encouraged to inspect the ODOT "DBE Certified List", to assist in locating DBEs for the work. Credit toward the DBE goals will not be counted unless the DBE . to be used can be certified by the OWNER. . (9) CONTRACTOR'S REQUIRED SUBMISSION - The OWNER requires the submission of the following information with the Bid. Certain other DBE information may also be required. B-13 of33 I I I I I I I I I I I I I I I I I I I al/25/2a~7 11:69 8838271 B68 BEAMS CCM"RACTING PAGE B2/El3 DISADVANTAGED BUSI~SS ENTERPRISE (DBE) CONTRA.CTORS , Classification DBE Firm Name Prme, Sab., Address Joi::rt, Mfr., or De.scriptioD of Dollar Value Telephone :;upplie:r WDrk orWork 1..... _1 .. - - . - ... J' 1 . . ; $ '~Zl'2......oo AIL/~ -. ...IJ.__ ;0 I" Ji u_" ,;_ ~~~r" n . I' .....L - ;' / - 2. $ 3. $ 4. S s. S Affirmation: The above-named DBE firm{s) has(have) a.ffitmIXi that it will perfonn the portion of the Contract listed r the estimated dollar value as slated ,00 'e. )~ (Title) B-I4 J03 7'd rlt.l : I n In C7 uer I I I I I I I I I I I I I I I I I I I 81/25/2887 11:89 8838271858 BEAMS CONTRACTING PAGE 83/83 Letter lflateut Namecfbidder/offeror'sfirm: "&.e;...v..~-=:. ~~IAJ(".. :-r.AJ~ . Address: .2.~~s.A.~... 'i1 ""-o...J City: ~"""'I'.L.. 'T_"'" I~d State: .sc.... Zip:M.54'z.. Na.me ofDBE finn: Fb.vJ~"1j rl'b- ~A~~d:~J.f+ -r,...L -_r.;-J:-, t! 14<101J.l/A, Address: 1~?~.A 1oI,',~~, I City: a... { ...,...A........ St.a:e: a&. Zip: ~Sl..-.:p;:~ Telephone: (~) ,sCf7 . .37~" Description of work to be peIfunned by DBE fit rn: '+ ' ..- , .J ' . ~ ' eoo-I-.. _ - - - _.s.!-I~.-;ar..a.dVlr';l.J' ~t~-?- eip._/_~ M~h-.-;;r7~_ _. _ _ _ _. _ _ _ _. _ _ ---------------------_.~---~----_._-~-------~-_.~---------_.-. ----------------------------------------------------------._-- -----------------~----_._-------_._--._---_._---~------------- The bidder/offeror is cormnitted tQ utilizing the above-l1amed DBE finn for the work described abo'\l'e. The estimated doll.- vaJ:ue of this work j ~ $ 13tot,1!!.rt..oo. Affirm,don The above-named DBE 8m will perIonn the POT ion oft.b.e contract for the estimated doUar value as stated above. ~Aj.n*'~~ (SignatUre) '~~ (Title.) lithe bidduJofferor docs pot receive awud or the prime c:oDtract, ally Rnd aU represexltatlOD5 Jo ads Lettt:r of Intent and Affirmation shall he nuU aDd vDid. (Submit this page:: for each DBE subcontractor.) B-16003 ("ci rl... I ' I 1"1 11"1 1"7 liP!" I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE (DBE) TOTALS SUMMARY Total price bid (Base Bid) $ '3SS ~<:f7(,,2.!;. ,~I~-"1~vVS Total DBE value (Base Bid) $ I3r Z>.IC-/{.,.,C>6 2.'-/'05.. ~.% Total DBE percent (Base Bid) Total Price bid (Base plus Additive Bid No.1) $ 4 S9. 0 c:;t7,OO TotalDBE value (Base plus Additive Bid No.1) $ q'.19~~ Total DBE percent (Base plus Additive Bid No.1) , . IO~ 7/ % The OWNER proposes to award the contract to the lowest responsive and responsible BIDDER submitting a reasonable bid provided he has met the goals for DBE participation or, iff ailing to meet the goals, he has made an acceptable good faith effort to meet the established goals for the DBE participation. BIDDER is advised that the OWNER reserves the right to reject any or all bids submitted. (10) GOOD FAITH EFFORTS - If the BIDDER fails to meet the DBE subcontract goals established in Paragraph 7 above, the following information must be submitted prior to contract award to assist the OWNER in determining whether or not the BIDDER made acceptable good faith efforts to meet the contract goal. This information (when applicable), as well as the DBE information, should be submitted as specified in Paragraph 9 above. Suggested guidance for use in determining if good faith efforts were made by a BIDDER is included in Appendix A of 49 CPR Part 26. The evidence of good faith efforts must be submitted by any BIDDER who wishes to be considered, within 48 hours after the BIDs are opened. The burden of submitting this evidence rests solely with the BIDDER and not upon the OWNER . A list of the efforts that a BIDDER may make and the OWNER may use in making a determination as to the acceptability of a BIDDER's efforts to meet the goal as included in Appendix A are as follows: a. Whether the BIDDER attended any pre-solicitation or pre-bid meetings that were , scheduled by the recipient to inform DBEs of contracting and subcontracting opportunities. The BIDDER must solicit this interest within sufficient1imeto allow the DBEs to respond to the solicitation. The BIDDER must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations; . B-170f33 I I I I I I I I I I I I I I I I I I I b. Whether the BIDDER advertised in general circulation, trade association, and minoritY-focus media concerning the subcontracting opportunities; c. Whether the BIDDER provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited in sufficient time to allow the DBEs to participate effectively; Whether the BIDDER followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; . d. e. Whether the BIDDER selected portions ofwork to be performed by DBEs in order to increase the likelihood that the DBE goal would be achieved '(including, where appropriate, breaking out coptract work items into economically feasibie units to facilitate DBE participation, even when the BIDDER might otherwise prefer to perform these work items with its own forces); f. Whether the BIDDER provided interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation; g. (1) Whether the BIDDER negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities. It is the BIDDER's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers ofDBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perfomithe work. h. (2) A BIDDER using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a BIDDER's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the BIDDER of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Whether the BIDDER made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by the OWNER or Contractor; and B-180f33 I I I I I I I I I I I I I I I I I I I 1. Whether the BIDDER effectively used the services of available minority/women community organizations; minority/women Contractors' groups; local and state Federal Minority /Women Business Assistance Offices; and other organizations as allowed on a case by case basis to provide assistance in the recruitment and placement ofDBEs. NOTE: The nine items set forth above are merely suggested criteria and the OWNER may specify that you submit information on certain other actions a BIDDER took to secure DBE participation in an effort to meet the goals. A BIDDER may also submit to the OWNER other information on efforts to meet the goals. (11) BIDDER ASSURANCE - The BIDDER hereby assures that he is committed to meet one of' the following as appropriate: a. The DBE participation goal as established in Paragraph 7 above. b. The DBE participation percentage as shown in Paragraph 9 which was submitted as a condition of contract award. c. The BIDDER (if unable to meet the DBE Goal of 15.17% the Contractor is committed to a minimum of % DBE utilization on this Contract and submits acceptable full documentation demonstrating good faith efforts. Agreements between BIDDER/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other BIDDERS/proposers are prohibited. The BIDDER shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the OWNER. The BIDDER shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts.' . Name of BIDDER: ~.s~).JtJ:. ,~t- . IRS Number: S7-0'XJS44~ By: '. 6 /1.P7:~t?W"-- Title: D NJ ,~I c0-" f I ' Date: 1/2..5/07 NOTE: The penalty for making false statements in offers i's prescribed in 8 use 1001. B-190f33 CERTIFICATION REGARDING FAIR TRADE I I I I I I I I I I I I I I I I I I I " The contractor or subcontractor, by submission of an offer and/or execution of a contract, certified that it: ' A. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that 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 proj ect with a contractor that is a. citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; and 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 witho49 CFR 30,17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any , product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the.contractat no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the 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 ofa system ofrecords 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 nonnal1y possessed by a prudent person in the ordinary course of business dealings. B-20 of33 I - I I I I I I I I I I I I I I I I I I 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, Section 1001. NAME OF BIDDER: 7..1='iYlA'S rj),AJ,T12).C21^,I'~.:r.IJc' , BY: 6 r1.R~~QL/),--- TITLE: ~ rkJ DATE: I/:J-'S'! 0"1 1/2-sf,07 B-21 of33 I I I I I I I I I I I I I I I I I I I CERTIFICATE OF PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within seven (7) 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 ofthe Owner: This clause applies to both DBE and non-DBE subcontractors. NAME OF BIDDER: :R,;:".AAis [ff}~^/G,JI.Nt" 6~~~~ BY: - TITLE: ~IJV;J-i rlP~ DATE: ..,/2-107 B-22 of 33 I I I I I I I I I I I I I I I I I I I BUY AMERICAN CERTIFICATE (JAN 1991) , , By submitting a BID/proposal under this solicitation, except for those items listed by the BIDDER below or on a separate and clearly identified attachment to this BID/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in Article 23 'of Instruction to Bidders "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. PRODUCT h/LO~~ Signature of BIDDER , COUNTRY OF ORIGIN (.) 1\ ~ llVJ. + ' Title rr B-230f33 I I I I I I I I I I I I I I I I I I I SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE Certification of N onseereeated Facilities The federally assisted construction Contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction Contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he Win 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 area, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis or race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction Contractor agrees that (exqept where he has . obtained identical certifications from proposed Subcontractors for specific time periods) he will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. 4~:r, Q~ Signature of BIDDER , ~I,LA.J- I Title B-24 of 33 I I I I I I I I I I I I I I I I I I I PERFORMANCE OF WORK BY SUBCONTRACTORS The BIDDER hereby states that he proposes, if awarded the Contract, to use the following subcontractors on this project: List below all proposed subcontractors and trade specia1ties~ (List only one s'ubcontractorfor each item.) The BIDDER shall obtain prior written permission of the OWNER should he choose to add or substitute other subcontractor(s) not shown herein. Item Name of Subcontractor Estimated Dollar Value 1'Z-. r-"'Il_~:I+~ I ~#4-r't &"7' G.r~c:.<;.i^7 l.~. Te.m;;.€.n::.o::.:ern...)/v....4+,'JLJ t!..nOA..+'-y ~y C-rA F.c;/A-y $. JS:,a::>c>. DO , ( Jq. cw.-.... ~''/ ~M..LJlc_t... 6:>t.JA.f-ry b:>t c;,17L-5S;^-'7 e.ou..V-hy '&r C:. rd-c;.9~ . 'I> I$,~.OD A~.I~~,S,(H-r=~t:'..P_ A~. c..r~<:':~ iMulc.J. (!.bOAi+..., 'goy ~rA .c"c.,;^/ I 1> 3jG.75. 00 . :j. ~ .3.1t...$.oo , A.& r~"'Y' .tE.-rac;:,",-MsI4/,,-? I' r>t~.h..v &:,y Crm....."'O::";"" I IO.SDO.oD , Estimated Total Cost of Items that BIDDER states will be performed by Subcontractors: . ($ .5cP,30o,ab ) B-250f33 I I I I I I I I I I I I I I I I I I I rJ:J ~ o f-4 U ~~ Z 1-4 o eEl u~:i ~g.9 rJ:JE] c8] ~.g .~ ~'~~ c.s .g, ~8[ ~ ~] ~ CIJ < b()'r;; z.s ~ z:g, o:.oE-< ~ClJO ~eo li'lt.::: ~= 01<: ~' li'l 'l:I l:I 1004 = :. - .. S o .-4 ~ ^ l3 c. .. - M M c.... o \0 N , p:) .~ ~~ \lJ ~l/) _~ i{ t~ t~ i. ~ \t\ .~ ~ :1 -;:t '-I -<. ~~"\ ~.~ ~ ~ ~ ~ ~ '3 ~ I h nt- )- ~ ~ ~ i ] ~ ~ J~ I I I I I I I I I' I I I I I I I I I 1 BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGffiILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS PURPOSE: The OWNER has tbe responsibility to ensure tbat it does not enter into a contract for goods or services with any firm, person, etc. that has been debarred, suspended, deemed ineligible or has voluntarily excluded themselves from participation in federally funded programs. Note thatthe term "prospective lower tier participant" has the same meaning as tbe term BIDDER. Completion of this Certification by the BIDDER is a condition of BIDDER's responsiveness to this BID. INSTRUCTIONS FOR CERTIFICATION' 1. By signing and submitting this proposal the prospective lower tier participant (BIDDER) is . providing the certification set out below. 2. . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant (BIDDER) knowingly rendered an erroneous certification in addition to the remedies available to the Federal Government, the department or agency with which this transaction originated' may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant (BIDDER) shall provide immediate written notice to the OWNER if at any time the prospective lower tier participant (BIDDER) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. . 5. The prospective lower tier participant (BIDDER) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any . subcontract (any lower tier covered transaction) with a firm, or person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant (BIDDER) further agrees by submitting this proposal . that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without B-27 of 33 I I I I I I I I I I I I I I I I I I I modification, in all subcontracts (lower tier covered transactions) and in all solicitations for such subcontracts (lower tier covered transactions). 7. A participant (BIDDER) in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is notdebarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establislunent of a system of records in order to render in good faith the certification required by this clause. The knowledge and infonnation'of a prospective lower tier participant (BIDDER) is not required to exceed that which is nonnaliy possessed by a prudent person in the ordinary course of business dealings. , 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. . (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) B-28 of 33 I I I I I I I I I I I I I I I I I I I BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACI10NS This certification is required by the regulations implementing Executive Order 12549, Debannent and Suspension, 24 CFRPart 85, Section 85.510, Participants' responsibilities. The regulations were published as Part VIl of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING THISCERTIFICATION, READ INSTRUCTIONS) (1)' The prospective lower tier participant (BIDDER) certifies, by submission of this proposal, that neither it nor its principles are presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant (BIDDER) is unable to certify to any of the , statements in this certification, such prospective participant (BIDDER) shall attach an explanation to this proposal. Name and Address of BIDDER's Organization: :R.~ ~ CJ)/...tT1? ALTI!Jt'..)::J::)\jf'_ , z..~~ .A...+o~ l!- ~~I 7"PJ'>> J' j.. :r:, \ A ~)'c::;r 2..", ZI./2.. Gru~~~ Name 0 lODER's Authorized Representative (please Print or Type Name) 6/U~~ Signature of BIDDER's Authorized Representative . ~JLV~I ~d- Ti Ie of BIDDER's Authorized Representative (Please Print or Type Title) 1/2.5/07 J I Date B-29 of33 I I I I I I I I I I I I I I I I I I I BIDDER QUALIFICATION QUESTIONNAIRE Submitted by ~ A.AJ. . c;, C-..D/...fTi2..At'TIJJ (!". ) TJJe- Name of BIDDER . General Contractor's License # 2"R? 0 ?D ( ) An Individual ( ) A Partnership (J1":i\. Corporation Federal Identification # 'S?-D?OS449 Principal Office Address: 2..33~ A4z,h\.;~i2o~ ~'l'P1'.L. Lc::.l~..sc.- 2.9'55.42- / (1) How many years has your organization been in business as a contractor under your present name? L R ....~ J1 .-.s.. (2) How many years experience in construction work has your organization bad as a general contractor? Z'i."fr:^17 <:::. As a Subcontractor? 2CJ V ;:;;A..J;L S. (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) , Project Title Contract Amount Required Completion Date Actual Completion Date Name/ Address/T el of Owner :,,;'~ A~~ Sh.ee.-+.s. B-30 of 33 I I I I I I I I I I I I I I I I I I I (4) Have you ever failed to complete any work awarded to you? If so, where and why? ND (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. }4~ (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. No , (7) Gi ve 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. &?:' Er.y ''")/'""''''' <::. ~/J 1,<1 rvw<' -"'- -t ~ S -e e.... h..--I-I-o..d,.,.,./ :ske.,..~ S I . (8) What is your bonding capacity? is I~, (,)(")I'~. (')06 .1':>0 (9) What amount of your bonding capacity has been used as of the date of this bid? , f ~ DOt:) 1)6("). DO B-310f33 I I I I I I I I I I I I I I I I I I I (10) (11) (12) How many applications for performance and payment bonds have you madein the last three (3) years? ~....rr>x , t'_ b fI How many of these applications were not approved? ).JONE- Have any claims been filed against a bond provided for you by your surety bond company in the last five (S) 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.) NO (13) Have your company been in disputes or litigations in the last five (S) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disp~tes or litigations. (Use additional sheets if necessary.) , Al6 B-32 of 33 I I I I I I I I I I I I I I I I I I I I, the undersigned, do hereby declare that the foregoing statements are true and correct, alIas 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. ****************************************************************************** I ' . 1S.2::AM:...S (' (~..rr~AC-TLNlh~C'- (SIGNATURE OF B DER) 6~Ul(' / pee/fV- o -p.P:AM I <::, (' j'~~.::r / ,lI{'~ , TJ../c.. .. . (TYPE OR PRlNT COMPANY NAME) " 2-336. A+DM/c.... ~ "R."o-'r>t... 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BH 3 95 CAT 416B BACKHOE 08SG09176 ':.0 - .----.-----E3H 4--'- _'_..,u__.._ ..,. -75-J6~MDE!=RE'31-0SE'BACKHOE 48-15752 I -';;':-:0 ---- BH 5 'oTJoRi:rI5i'tERE-BACKHOE-3Tos1:-"'-: T0310SE883161 - ----- -;0 BH 6 DO NOT US1:-:-WRONG CO ..-.-,-- 1-- 10 BH 6 0-6 NOT W~fE~WROr;-.ic;--cb ..- ---...-----O~O(i BH 6 00 CAT 416c4MEBACKHOE 5YN15872 ----:-:)"0 BH 6 00 CAT 416C4ME-BACKFib-E.----.---~_... ~- 5YN1-S"S72 -.- 0.00 BH 7 CAT 416 C BACKHOE--.------- 05YN00986 .. '.10 ----'---.-...-.--. .-------- --- ----.., ...,. --,- --.- BH 8 00 JOHN DEERE 310SE BACKHOE T0310SE888431 ,._ __ :~~:-1 BH 9 01 JOHN DEERE 310E BACKHOE T0310EX850029 '.vO ___._ . n__ .._. . BU 1 95 HARDE~ BUSHHOG ______-_,___________ __ _ '_" J CA 01 RST OMNIBUS CAMEBAINSPECT SYS '.. __u_.. .... I -:0 CM 1 CEMENT MIXERS - MISC . . -'0 CU 1 ASPHALT CURB MACHINE UNKNOWN - . ,.. --- ---o~bo CU 2. SOLD DO NOT USE 57078if1-84--.'- -'--.-,------- ",jO CU 3 5700B POWER CURBER --f5'i6(fs:61~0220460- --- .,-'------'-0.00 DZ 1 95 CAT D5H XL DOZER 8RJ:04~Jl~_ .. '~___ __ _ ~_=_=~ --'d DZ 3 D5M DOZER 4TF31679 ~O FL 2 CASE FORKLIFT 585e JJG0067858---' .- ._.h._.______ ,.,u FL 3 NISSAN P50 FORKLIFT 9H094-fj----..- --- -, __'_Q FL 4 GRANDALL SKYLIFT--------- 83~f4007L _. :J GNr-:,-- 99-'-NGRSLLRND-GENERATOR-h --, 299635UDJ810 ..!J .----------....-.---------.----...... _. 1__.. ._.____.___ GN 2 VACUUM GENERATOR _ _'_'_U_'_ : __ ________--.:::2 GN 3 GENSET 50KW . 39171 F i - ,_u LI 1 SIMONS TELESC-OPINGTIF-r E584--hn ,. ... I - .- -.-, ..J LL 1 _. LINE LASER-S-=-Mfs-c-------.------ ------. - ~ LO 1 91 KOMATSU wA256T6AD-ER---.T2~f72--n-- -.. .___ _.~9. LO 2 86 JOHN DE-E-RE644CToADER~ - '-- DW644CB504837 --, "'0 LO 3 89 KOMATSU 250 LOADE~____,_ A6b153=:=~: - -- :-::-'.~~=--=: 'n LO 4 97 MELROE 743B ~.9BCAT LOADER_____ p9~32~~~6 I .'..__n. <> LO 5 98 CAT IT28 LOADER SCR00912 I :;0 LO 6 99 MELROE S-OSCATToADER----------- fff58j~!~i i., n _____ :"!O LO 7 2000 ;JD TC54H LOADER DWTC54H572127__ ___ _ _ _____ - -~O LO 8 ?OLD_ __ 426Q.!3_!~99_1~4~6 . .,_ ,____.____ . J LO 9 BOBCAT 753 LOADER , 515837935 0.00 MG 10-----S4CAT-140GMOTOR.GRADER-'-..--' - 72vOTloi _ )0 MG 7 '--94CAT12(frvio;-'CfR-GnRADE-FC---n.- '-i3"fM15615 - ')0 MG 8 97 CAT 12H MOTORGRADER 4XM01483 . _- -- .. _ -_--~~~= ' D MG 9 00 CAT 12H MOTORGRADER _ 4XM02009__ _ ,_ "_ _ ._____,__ 10 MS AU1 AUGER _ "'_....Q:~~ MS AWT1 ASPHALT WATER TANI(;~CpOr;';;P---- U~-KNOWN .__ ,______ 0.00 MS BL 1 BLOWER CB0121 0.00 MS' BL2 BLOWER --_+_~__n_u "d~oo MS BL3 BLOWER 021301045 . --- ------0:-60 MS BLV1 BUILDERS LEVEL 1D5862"' _.. --._. -~6 MS CH1 HILTI COMBI-HAMMER -:_~-_ '-_~:~+:~::~~:==- O~QQ MS COS1 STIHL 400 CUT OFF SAW UN i 0.00 MS COS2 HUSKY 371R CUT OFF SAW 012400o.?{~.:_'n ,-.. h-.-_'~~~~:9..Q MS CP1 CENTRIFICAL PUMP WT30X GX240-242 . 0.00 MS CP2 CENTRIFICAL PUM-P PT3A _ 672905783-----' - - '---,--'--_'~__......9.:QQ MS CS1 CONCRETE CHAIN SAW ._ ____ ___ I 0.00 MS CU1 USE CU1 UNKNOWN I ----- -6.00 MS FS1 FLOOR SAW t!ONDAG~19018IOE) ___ _________.. '. - .-- 0.00 MS FS2 FLOOR SAW STURI SAW" S.P.Y 76-2-4 I" - ----0.00 I I I I I I I I I I I I I I I I I I I 'MS'FT1---- FORM TRAILER ----,-,-.------- ---'- I ----6.00 MS FT2-------~RM TRAi-LERDUACAXLE" ,- DOT FORMS 0.00 --, '. .. --'MS HBT HbCMES-BRdof~f--F'OR iT28 5031 : 0.00 -----..----MS Ro-f- ..----.. HlliTHAM'MER-b'RILLTE65 343323 0.00 ---------------MS HG1 ----.--. BUSH-HOG -- - ..." "...1-...--. - 0.00 u_ ._ ...._.._______ MS HL1 HYDRAULIC LIFT FOR PT1 '.._______....._.. __ ____ 0.00 MS HTP1 HYDROSTATIC TEST PUMP 207567:t!QND~_______ ____ 0.00 MS HTP2 HYDROSTATIC TESTPUMP-HONDA 5.5 _UNKNOWN,.. __ '. h _______9.00_- MS JH3 JACK HAMMER 30# 0.00 ~. ' MS JT1JUMPING JACK TAMP BS60Y - --750-9M725' - -.. , - "-'--0.00 ._~---_... .'. ....... . .'-'."_0_____- MS JT2 JUMPING JACK TAMP BS60 ______ 755105..3.?.J._ u_ ______..._ O.~~ .MS JT4 WACKER JUMPING JACK TAMP 674603384 0.00 ..--. -_.. ----- MS JT6 JUMPING JACK TAMP WACKER 5119384 0.00 --....--- .-.. .. - --_... .. ".-_'___._n MS JT7 JUMPING JACK TAMP-BS60Y 674603384 0.00 ----. ~-- --------..-. -,-------..'--,---.-- ,-----_.. -, . .-----'-- .--. -- - '- - ------ _ _ --.. - ,. --.:..--........:'----_ MS JT8 BS60Y JUMelNG JAC~.IAMP _________ 6!J_9018q~, ..._ "_ __0..:.0Cl. MS L220 LASER PLANE 22DMODEL L-220 3188 0.00 MS LP1 LASERPLANE 220 SPECTRAPHYSIC-S- 3188------ .... . - -- .-------o~oo ----.--------------...---.-..--.-- --..-. .. '-'- - MS LP3 LASER PLANE 500C SPECTRA PREC. 47574 0.00 MS LT AMTDAFLOObTIG-HT' ---- 5080D15MH 0.00 ---------M-S LV1--------- LEVEL --- - ___m TD1973 0.00 MS MGL1 MOTOR GRADER LASER . ____..u. -. --------..--0.66 MS MPS1 MULTIPURPOSE SAW JOHNb'EER--380--'- JT349'001-- --'-0.00 "'----. MS MX1 CROWN MUD MIXER 0.00 ___.____u... .. MS MX2 ' CEMENT MIXER _,___ ,___... 554906...,__.0.og MS OT1"-"--'''-- OFFicE-fRAILERLT GRE-EN UNKNOWN 0.00 ~~:~ :g~~~:t~ ~~~~~~~;~fL-' ---. .. h____~~~~-,_. _ _.. .. '_I__~-_'__-_~~ ~:~~ MS PH1 PIPE HORN. TOM LAWHEAO----- ---'-'" - I ..'-0']0 ~~ :~~ :~~~~~P DPU05645H-h------t~~~-~2~.'__ -,,' -/ '. .'. - --~~~.=-~~~Z ~_=~~:~~'-- ~-~ ~+J~------ .~~+~~~~~-~~G~~g~57!---------~~~i~~;57 ' ~:~~ - -- MS1>T3------------ PLATE-TAMP"S/S13520'i----..---.. '-- 'gKf195YA 'r" - 0.00 MS PT4 PLATETAMP'R4-60G-- ---,-- ----- U1290---' 0.00 MS PTS------m-PLATE-TAMp.VPAf350W ,.. 679303928 I 0.00 MS PT6 PLATE TAMP ..-==:~_~~~ta65'9016_1? j .-'--,~'''_-=~~Q.O: MS PT7 PLATE TAMP 0.00 -..-".-- -----... - -... .-.".. MS PT8 WACKER PLATE TAMP UNKNOWN O~OO MS PW1 PORTABLE PRESSURE WASH2S0ejps,-Ti342 --,-~-__~::'_.:-~~ -=-~_=____ 0.00 MS PZ1 PIZZA CUTTER ____ _______,__ .... _____...__Q.:.O.Q MS PZ2 . PIZZA CUTTER 0.00 .--... ----------.... .- ..-..... ---- MS STR1 GRACO LINE LASER STRIPER A1475. __ ,...__ 0.00 MS STR2 GRACO 3500 STRIPER NONE FOUND 'm... .__ .__ _ _..___---.:... =- MS STR3 GRACO 5500 LINE LASER A274~,___..._, . .h. ___.______~ MS TM1 TROWEL MACHINE 48~ CS1456 0.00 ----_..........-.- -- MS TM2 TROWEL MACHINE 36" S13622 0.00 --p - .... - -..... -...--- MS TP10 TRASH PUMP HOMELlTE MOD#9123~/1.Q.~~I:~_ _,___0.:00 MS TP11 MUD HOG PUMP CH&E 000020205 0.00 MS TP3 TRASH PUMP-MUD HOG 5538WRlb0109194 .."-.--.. 0.00 MS Tp4 TRASH PUMP-MUD HOG 1604-----."HRf72Ci'169 ,., 0.00 MS TP5 TRASH PUMP. MUD HOG 3P613 .. _-_-___..,._ ..__.._.-._-'-" 0.00 MS TP8 TRASHPUMPCH&E D010195___. ..._..____..,___---2:.QQ MS TP9 TRASH PUMP HOMELlTE 111 DP3-1 0.00 ---... -, -+-. ..----.------,-- MS TTL 1 TAMP TRAILER-ASPHALT UK .. n__ _.. ____ I.'. _____O.qQ MS WBB1 BILLY GOAT BLOWER MDL# QB1304H 021301Q..4.? 0:.00 MS WD1 WELDER~PORTABLE 0.00 .__.. _ .h... ..__._.. ...." ___ MS WT1 WATER TANK AND PUMP 0.00 'MS WT2 WATER TRAILER FOR CURB-MAcHfr;iE- "UNKNOWN --'----6""]0 PL 1 -PIPE LASERS-=MTsc -----'---- --- -._--~ __..._ '_h_. __ ___.. _.._.....__._ PL 2 PIPE LASER 1230 1230 0.00 PL 3 PIPE LASER 1437 1437 __~-: _.._--~-_~~~-._ g.OO PM 1 98 THOMPSON TRASH PUMP 6HT-906 - '--.-.. -.- -- PU 1 SOLD JT4RN64P9G5043669 PU 10 -~ SOLD -..- ,----.. 1GCEK19R6TE158700 -PiJ 'f1--------- 96'CHEV-C3500"CREW CAB -. 1GBHC33R4TF00630 PU 12 96 CHEV C1500 EXT CAB (CARE\')---- ~-G-CEC19t06.TE106131._ PU 13 96 CHEV K1500 EXT CAB (JOEL) 1GCEK19R2TE209691 i ....----'-. O.~~..... ::-) ." .n. --.__.---~ 01 I I I I I I I I I I I I I I I I I I I CONTRACT FORM THIS AGREEMENT is dated as ofthe q day of J4.p-lt.-~ ( in the year 2007 by and between the AUGUSTA AVIATION COMMISSION, an instrumentality of AUGUSTA, GEORGIA, a political subdIvision of the state of GEORGIA, (hereinafter called OWNER) and BEAM'S CONTRACTING, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. The Work may be generally described as follows: Base Bid: Regrading of existing Runway 17 overrun area to include Bituminous pavement demolition, removal of existing drainage pipes, removal of two existing runway approach light stations, construction of a crushed aggregate base course access road, installation of new drainage pipe and various erosion control measures. Additive Bid No.1 was not awarded and is not part of this contract. Additive Bid No.1: Clearing and regrading of existing drainage ditch within the limits ofthe glide slope antennae critical area serving the approach to Runway 35, installation of new drainage pipe and inlets and various erosion control measures. The Proj ect, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT FAA A.I.P. Project No. 3-13-0011-26-2003 AUGUSTA REGIONAL AIRPORT AUGUSTA, GEORGIA Article 2. ENGINEER. The Project has been designed by THE LP A GROUP INCORPORATED Post Office Box 5807 Columbia, South Carolina 29250 (803) 254-2211 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion ofthe Work in accordance with the Contract Documents. C-1 I I I I I I I I I I I I I I I I I I I Article 3. CONTRACT TIME. 3.1 The Work will be completed and ready for final payment in accordance with paragraph 50-15 of the General Provisions as follows: Completion ofProiect: Base Bid: The work will be completed within 55 consecutive calendar days from date of Notice-to-Proceed and within the stipulated phasing times as prescribed in Section 01010 "Scope of Work" of the Project Manual. Additive Bid No.1 was not awarded and is not part of this contract. Base plus Additive Bid No.1: The work will be completed within 120 consecutive calendar days from date of Notice- to-Proceed and within the stipulated phasing times as prescribed in Section 01010 "Scope of Work" of the Project Manual 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is ofthe essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Paragraph 80-07 ofthe General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding 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 amount as stipulated in Supplementary Conditions SC-14 of Section 00800 for each calendar day that expires after the time specified in paragraph 3.1 for Completion and readiness for payment. 3.3 CONTRACTOR understands and hereby expressly agrees that in addition to liquidated damages specified in Article 3.2 above, 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 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. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, and in accordance with the unit bid prices submitted for the Base Bid Onlv on January 25, 2007 and amended by Attachment A to this Contract, with an initial contract amount of $355,996.75 to be paid based upon the actual quantities approved and accepted in accordance with the Contract Documents. C-2 I I I I I I I I I I I I I I I I I I I Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1 Progress Payments. OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 calendar days after receipt of an application for payment that has been reviewed and approved by the Engineer. The last Friday of every month that work is performed shall be the ending date for establishing the quantity of units completed for submission in the application for payment. 5.1.1. Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Section 90 of the General Provisions. 90% of Work completed as determined by ENGINEER. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 90-07 of the General Provisions). 5.1.2 With each application for payment, the Contractor shall submit his DBE expenditures for the month as well as a total-to-date. The expenditure report shall include the name, date and amounts paid to each DBE subcontractor. 5.1.3 With each application for payment, the Contractor shall submit an updated CPM schedule delineating activities completed and those remain to be completed. Additionally, he needs to identify any logic changes made since submission of his first (baseline) CPM schedule. Detailed Bar Chart, Network Diagram and Standard Report for all activities are required and shall be submitted on both hard (paper) copies as well as the electronic files on 3-112" diskette(s) or compact disc(s). 5.1.4 The Contractor is advised that the certified payroll for his organization as well as all of his subcontractors must be current within 14 days ofthe requested Application for Payment. 5.1.5 The Contractor shall submit a manual set(s) for each item of equipment installed as part of the Contract work when submitting a pay request for payment of the item( s) requiring manual set(s). The set(s) shall include operation, maintenance, and parts manuals. 5.1.6 Contractor's failure to submit an acceptable DBE expenditure report, CPM schedule update, parts/operationaVmaintenance manual set( s), or not meeting the requirements C-3 I I I I I I I I I I I I I I I I I I I for the certified payroll submission schedule, as outlined in 5.1.2,5.1.3 and 5.1.4, and 5.1.5 above, will result in withholding of his progress payment by the Owner until these requirements are satisfied. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 ofthe General Provisions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph 90-08. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Provisions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, error or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 BUY AMERICAN STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) C-4 I I I I I I I I I I I I I I I I I I I (a) The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those 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 ofthe cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components mean those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost ofComoonents. This means the costs for production of the components, exclusive of final assembly labor costs. (c) The attached list (marked as Exhibit "A") is the list of supplies/materials that the U.S. Government has determined that are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality that will take exception to this clause. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages C-1 to C-7 , inclusive). 7.2 Attachment A, Schedule of Values. 7.3 Performance and Payment Bonds, consisting of pages PB-1 to PB-4, inclusive. 7.4 General Provisions and Supplementary Conditions. 7.5 Technical Specifications as listed in table of contents ofthe Project Manual. 7.6 Drawings, consisting of a cover sheet and sheets numbered C-1 through X-15 inclusive with each sheet bearing the following general title: RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA ALP. PROJECT NO. 3-13-0011-26-2003 7.7 Addendum Number 1. C-5 I I I I I I I I I I I I I I I I I I I 7.8 CONTRACTOR's Bid and attachments as listed below. a. Bid Form (pages B-1 to B-33) 7.9 Summary to Minutes of Pre-Bid Conference. 7.10 Attendees List of Pre-Bid Conference. 7.11 Attendees List of Pre-Bid Site Visit. 7.12 Augusta-Richmond County DBE Directory. There are no Contract Documents other than those listed in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Section 40 of the General Provisions. Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in Section 10 ofthe General Provisions will have the meanings indicated in the General Provisions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 8.4 The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance ofthis 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 ofthis Contract, which may result in the termination ofthis contract or such other remedy as the Owner deems appropriate. 8.5 The PRIME CONTRACTOR agrees to pay each subcontractor under this PRIME CONTRACT for satisfactory performance of its contract no later than 7 days from the receipt of each payment the PRIME CONTRACTOR receives from AUGUSTA-RICHMOND COUNTY. The PRIME CONTRACTOR agrees further to return retainage payments to each subcontractor within 7 days after the subcontractor's work is satisfactorily completed. Any C-6 ,. . " ~~, A1f(roSTA AVIATION ~:r:~~~ .' Attest: I' I I I I I I I 19J1f I I I I I I I I~ I I delay or postponement from the above reference time frame may occur only for good cause following written approval of AUGUST A-RICHMOND COUNTY. This clause applies to both DBE and non-DBE subcontractors. Article 9. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five copies ofthis Agreement counterparts each have been delivered to OWNER, and one counterpart each has be CONTRACTOR, ENGINEER, and FAA. All portions of the Contract Documentr /' identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on q M~ C;-af)"'" By: Address for giving notices: C-7 I I I I I I I I I I I I I I I I I I I EXHIBIT" A" List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) Acatylene, black. Agar, bulk. Anise. Antimony, as metal or oxide. Asbestos, amosite, chrysolite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium H ydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestics editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. chestnuts. Chicle. Chrome ore or Chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erthrity1 tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abace, agava, coir, flax, jute, jute burlaps, palmyra and sisal. Goat and kidskins. Graphite, natural, crystal-line, crucible grade. Handsewing needles. Hemp yam. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incorporation into building systems during construction or repair and alteration of real property.) Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive oil. Olives (green), pitted or unpitted, or stuffed, in bulk. Opium, Crude.t 1 I I I I I I I I I I I I I I I I I I I List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) (B) "Fuel oil" - a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel" - a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquefied gases" - Hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. (F) "Lubricating oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. (H) "Natural gas products" - liquids (under atmospheric conditions) including natural gasoline, that - (1) are recovered by a process of absorption, adsorption, compression, refrigeration, cycling, or a combination of these processes, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir, and (2) when recovered and without processing in a refinery, definitions of products contained in subdivision (B), (C), and (G) above. (1) "Residual fuel oil" - a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of MIL SPEC MIL-F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No.5 or Bunker C. "Unfinished oils" means one or more of the petroleum oils listed under "Finished products" above, or a mixture or combination of these oils, that are to be further processed other than by blending by mechanical means. 3 I I I I I I I I I I I I I I I I I I I CERTIFICATE OF SECRETARY OF beam'D (~ka c.hV7!). Jl1( /' AS TO RESOLUTION ADOPTED BY BOARD OF DIRECTORS ON / 97 ~ I, ~ II L/Lr ?~ u ctE, hereby certify that I am the duly authorized Secretary of ~ A I'f J Cd" 1-( /II} ~ 7/ JL( , charged with keeping the records and the seal of said Corporation, and that the following is a true and correct copy of a resolution adopted ala meeting of the Board of Directors of the Corporation duly held on O-()~ \, D (r; RESOLVED, that 0' I? f,L:. Vice President) of 1J Ii,l}-/"I j , which resolution is now in full force and effect. 1J1Z tlfr" U ;vrAIJ (.-f) JL-S , (President, , is hereby authorized to execute contracts, performance bonds and labor and materials bonds on behalf of the Corporation. WITNESS my hand as Secretary, and the seal of the Corporation this ~ & day of --MtJA rn , 20..trL. u/~ Secretary Sworn to before me this d. (.,., day oDV\Q...\..cl-- , 20{f}. ~~J" ~0~ LL- /w Notary Public for County GLlNDA BANDY NotalY Public ~ SouIh C8lOIila M C .. E . M comrnisSIon Exp\l9$lJecBIIOlr 31, 2010 Y ommlSSlOn xplres: Y CS-1 I" t 'I I 1---- CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ~:::=_~___ CONTRACTOR (Name and Address): __ 1_____ - ~:;~~o~~~;~~G, INC._.. ____ BEECH ISLAND, SC 29842 SURETY (Name and Address of Principatplace-efBusiiiess): - n___ Great American Insurance Companyu---- --- Cincinnati, Ohio I OWNER (Name and Address): AUGUSTA-RICHMOND COUNTY and AUGUSTA AVIATION COMMISSION at AUGUSTA REGIONAL AIRPORT 1501 AVIATION WAY AUGUSTA, GEORGIA 3090 CONTRACT Date: q MJ~ ~b'1 Amount: $355,996.75 Description (Name and Location): RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.I.P. NO. 3-13-0011-26-2003 PLEASE- DATE I I I I BOND Bond Number: 337 41 15 Date (Not earlier than Contract Date):'t,w~. ( z007 Amount: $355,996.75 Modifications to this Bond Form: None <-~. I Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. I I SURETY Inc. (Seal) Great American Insurance Surety's Name d Corporate Seal (Seal) I I (Space is provided below for signatures of additional parties, if required.) Attest: 7'J/?:IJ, 7t ~ Signature and Titl~ I CONTRACTOR AS PRINCIPAL Company: Signature: (N~~~ Name and Title: a..~,- ~ ~~ /4B#\--r- SURETY 1 . (Seal) Great American Insurance Company Surety's Name and Corporate Seal counterSign~ed ~ By: 'I, ~~ Signature and Tit John R. Walker (Attach Power of Attorney gia Resident (Seal) I 1 Attest: Signa Witness EJCDC No. C~10 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contrac Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. I PB-I 6. After Owner has tenninated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2. or 4.3 above. then the responsibilities of Surety to Owner -shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner _2. If Contractor perfonns the _Contract,_Surety and Contractor have no obligation under the Contract. To a limit of the amount of this Bond, but subject to under this Bond, except to participate in conferences as provided in Paragraph 3.1:- ---commitment by Owner of the Bajince'oflhe Contract Price to mitigation- of-costs and damages on the Contract, Surety is obligated without duplication for: I '(. 1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs. executors, administrators, successors, and assigns to Owner for the perfonnance of the Contract, which is incorporated herein by reference. 1 3. If there is no Owner Default, Surety's obligation under this Bond shall arise -. after: 1--------- Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of perfonning the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perfonn the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.1. I 1 3.2. Owner has declared a Contractor Default and fonnally tenninated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 1 3.3. Owner has agreed to pay the Balance of the Contract Price to: I. Surety in accordance with the tenns of the Contract; 1 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 1 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor. with consent of Owner, to perfonn and complete the Contract; or I 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or I 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for perfonnance and completion of the Contract. arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with perfonnance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 1 I 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, detennine the amount for which it may be liable to Owner and. as soon as practicable after the amount is determined, tender payment therefor to Owner; or I 2. Deny liability in whole or in part and notify Owner citing reasons therefor. I 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part. without further notice Owner shall be entitled to enforce any remedy available to Owner. I I FOR INFORMA nON ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Respresentative (engineer or other party) I I 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;-- . '--~ 6.2. Additional legal. design professional. and delay costs resulting from Contractor's Default. and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages. or if no liquidated damages are specified in the Contract. actual damages caused by delayed perfonnance or non- perfonnance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner - or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted here from and provisions confonning to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor. which has neither been remedied nor waived, to perfonn or otherwise to comply with the teoos of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perfooo and complete or comply with the other tenns thereof. PB-2 I ~ I - SURETY (Name and Address of Principal Place otBusin~ss): ==- Gr~at _Americ1:i.1!--1nsurance ~omp~my Cincinnati, Ohio CONSTRUCTION PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. OWNER (Name and Address): AUGUSTA-RICHMOND COUNTY and AUGUST A A VIA TION COMMISSION at AUGUSTA REGIONAL AIRPORT 1501 AVIATION WAY AUGUSTA, GEORG.I.A 30906 . ~ CONTRACT. f> < PLEAS~ Date: t} t)..P~ Z-a.::."'l Amount: $355,996.75. e DATE Description (Name and Location): . . RUNWAY 17-35 SAFETY OVERRUN IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.I.P. NO. 3-13-0011-26-2003 I CONTRACTOR (Name and Address):_ I BEAM'S CONTRACTING, INC -~-~ 2335 ATOMIC ROAD BEECH ISLAND, SC 29842 I I I I I BOND Bond Number: 337 41 15 ^ Date (Not earlier than Contract Date): t( 1'f..P~ &:07 Amount: $355,996.75 Modifications to this Bond Form: None I Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. Great American Insurance Company Surety's Name and Corporate Seal ~~ature and ~ ~ ~~ (Attach P~W" of Attom'y!; orgia Resident Agent Attest: ~~/ Signature Title: Wltness EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of th~ Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, .and the Associated Specialty Contractors. I , Inc. I Signature: (Seal) Name and Title: U~ll ~I'- -t 0 1/; ct.e... Pt-Q.& ;d.-.1- I I (Space is provided below for signatures of additional parties, if required.) I CONTRACTOR AS PRINCIPAL Company: Signature: {; ~ ~ a-----. Name and Title: &,.~,,~ ~U____..,... (Seal) I I I I SURETY Great American Insurance Company (Seal) Surety's Name an. d Cmpo"," S"I 4' B~ . ~4~ ~ fz~ Signature and Title ar ara R-. eglst r (Attach Power of Attorney) Attorney-in-Fact Attest: 7J/)A-tJ~ 11 7~ Signature and Title ~ SURETY (Seal) PB-3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials, and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract, which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the ~~-~ . -~. ~ Contract are dedicated to satisfy obligations of Contractor and Surety under this 2. With respect to O\VIIer, this obligation shall be nuHand void if Contractor: Bond, subject to Owner's priority to use the funds for the completion of the 2.1. Promptly makes payment, .directly~orindiri:ctly,for: all sums due Work.-. .. ~ - - - Claimants, and _ ~ ~.H~_~ _ _ ~~._ ~ ~~_ ~ ~~__9__J>~rc:ty shall notjJ.co.liabl~ to .Qwner, _Cl~imants. or others for obligations 0.1". ~__ , 2.2. Defends, indemnifies, and holds hannless Owner from all claims, Contractor that are unrelated to the Contract. Owner shall not be liable for - -- demands, liens, or suits alleging non-payment by Contractor by any payment of any costs or expenses of any Claimant under this Bond, and shall person or entity who furnished labor, materials, or equipment for use have under this Bond no obligations to make payments to, give notices on in the performance of the Contract, provided Owner has promptly behalf of, or otherwise have obligations to Claimants under this Bond. notified Contractor-. and Surety (at the addresses described in Paragraph 12)' of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. I 'I. I I I I I 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. I 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. I 4.2. Claimants who do not have a direct contract with Contractor: I 1. Have furnished written notice to Contractor. and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and I .1 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and I 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. I 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. I 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. I 6.2. Payor arrange for payment of any undisputed amounts. I 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. I 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. ' 12. Notice to Surety. Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety. Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor; materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied' nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): I I PB-4 I e e e I GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 I The number of persons authorized by this power of attorney is not more than THREE No.O 17456 I POWER OF ATTORNEY KNOW ALL MEN BY TIlESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. I Name Address COLUMBIA, SOUTH CAROLINA COLUMBIA, SOUTH CAROLINA MACON, GEORGIA Limit of Power ALL $75,000,000. I BARBARA H. REGISTER HERBERTL.DECUERS JOHN R. WALKER I This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of APRIL , 2005 Attest GREAT AMERICAN INSURANCE COMPANY I I I STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C, KITCHIN (513-412-4602) On this 20TH day of APRll,2005 ,before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. I I I This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. I RESOLVED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents. or anyone of them. be and hereby is authorized, from time to time. to appoint one or more Attorneys-in-Fact to execute on behalf (!f the Company. as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. I RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate (!f either given for the execution of any bond. undertaking, contract or suretyship. or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed. I CERTIFICATION I I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of I I S1029U (4-04) 1 CERTIFICATE OF LIABILITY INSURANCE Client#: 4703 BEAMSCON ACORD", DATE (MM/DDIYYYY) 04/02/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER I Davis-Garvin Agency, Inc. PO Box 21627 I Columbia, SC 29221-1627 1 ~OO 845-3163 , 'INSURED I' Beam's Contracting, Inc . . 2335 Atomic Road I Beech Island, SC 29842 INSURERS AFFORDING COVERAGE INSURER A: Capital City Insurance Company INSURER B: Hartford Insurance Company INSURER C: INSURER 0: INSURER E: NAIC# 30589 . . COVERAGES 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1 I _TR NSRi TYPE OF INSURANCE POLICY NUMBER PJl,N~~~~f~8,w\E p~~fJ (~X:,~~N LIMITS A ~ERAL LIABILITY 01CLOO0845 04/01/07 04/01/08 EACH OCCURRENCE $1 000.000 ,l, X COMMERCIAL GENERAL LIABILITY ~~b~H9F~~~~pnrp\ $100000 I CLAIMS MADE ~ OCCUR MEO EXP (Anyone person) $5 000 ;-.' X- PO Ded:1,000 PERSONAL & ADV INJURY $1 000 000 I - GENERAL.AGGREGATE $2.000 000 ~'L AGG~En ;~M: APn,PER: PRODUCTS. COMP/OP AGG $2 000.000 POLICY JECT LOC I'A ~TOMOBILE LIABILITY 01CAOO0846 04/01/07 04/01/08 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 ,- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I t-- X HIRED AUTOS BODILY INJURY f-- $ ~ NON-DWNED AUTOS (Per accidenl) I - PROPERTY DAMAGE $ (Per accident) I ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG $ fA ~ESS/UMBRELu.. LIABILITY 01UL001273 04/01/07 04/01/08 EACH OCCURRENCE $6 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE $6.000.000 I $ ~ DEDUCTIBLE $ ., X RETENTION $ 10000 $ A WORKERS COMPENSATION AND 01WCOOO540 04/01/07 04/01/08 X -1 T~2N~T.~;" I IOJ~. EMPLOYERS' LIABILITY 5500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500 000 If yes, describe under E.L. DISEASE - POLICY LIMIT $500 000 SPECIAL PROVISIONS below B OTHER Leased or 22MSBE1528 04/01/07 04/01/08 $200,000 Limit Rented Equipment $5,000 Deductible I' 1 I 1 I 1 1 1 IESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS JOB: Runway 17-35 Safety Overrun Improvements Projects Regional Airport The Augusta Aviation Commission, its officials, staff and consultants; 1 ~ugusta, Georgia and the Augusta-Richmond County Commission, its elected officials, officers, and empoyees; and The LPA Group Incorporated, its (See Attached Descriptions) :ERTIFICATE HOLDER I CANCELLATION I Augusta Aviation Commission 1501 Aviation Way Augusta, GA 30906-9600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.lL- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE J:). ~. S~ 1 ACORD 25 (2001/08) 1 of 3 #M173276 EWB (i) ACORD CORPORATION 19 I-- I I staff and consultants are Included as Additional Insureds for General L1aiblity with respect to Insured's work on this project. I II I, lel I I I'j I: _1 II II I r I' I II II II II II II lAMS 25.3 (2001/08) DESCRIPTIONS (Continued from Page 1) 3 of 3 #M173276 I' I II II I I I: I I .J I..'..... ~ <..~' :, r 1'...; ) f II II I r II I'; I II II II II II I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #M173276 I Client#: 4703 BEAMSCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDJYyYV) 04/02/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I PRODUCER Davls.Garvln Agency, Inc. t PO Box 21627 Columbia, SC 29221.1627 800845.3163 I I llNSURED Beam's Contracting, Inc 2335 Atomic Road Beech Island, SC 29842 INSURERS AFFORDING COVERAGE INSURER A: Capital City Insurance Company INSURER B: Hartford Insurance Company INSURER C: INSURER D: INSURER E: NAIC# 30589 I COVERAGES . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I I LTR NSR TYPE OF INSURANCE POLICY NUMBER PJ>}~~~ri~f~8~IE Pg~~l r~X':'~~N L1M ITS .lA ~NERAL LIABILITY 01CLOO0845 04/01107 04/01/08 EACH OCCURRENCE $1 000000 X COMMERCIAL GENERAL LIABILITY I g~~~ft:~J91'~~~~~nrp\ $100 000 ,.,' I CLAIMS MADE ~ OCCUR ,.'.j MED EXP (Anyone person) $5 000 [ x.. PO Ded:1,000 PERSONAL & ADV INJURY $1 000.000 - GENERAL AGGREGATE $2.000 000 , ~'L AGGREAE LIMIT APnS PER: PRODUCTS. COMP/OP AGG $2 000.000 POLICY jr2i LOC IA ~TOMOBILE LIABILITY 01CAOO0846 04/01/07 04/01/08 COMBINED SINGLE LIMIT $1,000,000 !.... /lJIY AUTO (Ea accidenl) - ALL OWNED AUTOS BODILY INJURY $ I SCHEDULED AUTOS (Per person) - .!-. HIRED AUTOS BODILY INJURY $ .!-. NON-OWNED AUTOS (Per accident) I - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ "A ~ESS/UMBRELLA LIABILITY 01UL001273 04/01/07 04/01/08 EACH OCCURRENCE $6 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE $6 000 000 I $ ;l DEDUCTIBLE $ .' X RETENTION $10000 $ 'A WORKERS COMPENSATION AND 01WCOO0540 04101/07 04/01/08 X I T"!,~Jr~~~::..1 IOJ~- r EMPLOYERS' L1ABIUTY $500,000 /lJIY PROPRIETORlPARTNERlEXECUTlVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $500,000 If yes, describe under $500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT IB OTHER Leased or 22MSBE1528 04/01/07 04/01/08 $200,000 Limit Rented Equipment $5,000 Deductible I I I I I I I II DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS JOB: Runway 17.35 Safety Overrun Improvements Projects Regional Airport I The Augusta Aviation Commission, its officials, staff and consultants; Augusta, Georgia and the Augusta-Richmond County Commission, its elected I officials, officers, and empoyees; and The LPA Group Incorporated, its I (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION II I Augusta, Georgia and the Richmond County Commission 1518 Marvin Griffin Road Augusta, GA 30906 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.0..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ]). ;;(. s-k.... ACORD 25 12001/0811 nf ~ #M1n276 EWB @ ACORD CORPORATION 198. I I I I ' staff and consultants are included as Additional Insureds for General I L1aiblity with respect to Insured's work on this project. I, .1 .1 .1 . ,I I I: .1 .1 .1 .1 .1; .1 .1 .1 .1 .1 I lAMS 25.3 (2001/08) DESCRIPTIONS (Continued from Page 1) 3 of 3 #M173276 DISCLAIMER I I II I I I II I I I~ I I: I II II I, I II I I II II II II II II 6.~n~n '!i-~ 12001/08\ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ? nf ~ :!fM17~?7" I Client#: 4703 BEAMSCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYVY) 04/02107 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I ; PRODUCER 'Davis-Garvin Agency, Inc. I PO Box 21627 I Columbia, SC 29221-1627 ,800 845-3163 rlNSURED I Beam's Contracting, Inc 2335 Atomic Road Beech Island, SC 29842 INSURERS AFFORDING COVERAGE INSURER A: Capital City Insurance Company INSURER B: Hartford Insurance Company INSURER C: INSURER D: NAIC# 30589 INSURER E: I,. -lCOVERAGES . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH I . POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR NSR TYPE OF INSURANCE POLICY NUMBER PJ>.k{~~ri~f~g~IE Pg~~lt~X~~~N LIMITS JA ~NERAL LIABILITY 01CLOO0845 04/01/07 04/01/08 EACH OCCURRENCE $1.000.000 ~ ~MERCIAL GENERAL LIABILITY ~~~~~~J9E~';,~;'~~"nc"\ $100.000 '! CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5.000 ; X PO Ded:1,OOO PERSONAL & ADV INJURY $1.000.000 I GENERAL AGGREGATE $2 000 000 , n'L AGGREAE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2.000.000 PRO- . r='r POLICY JECT LOC IA ~OMOBILE LIABIlITY 01CAOO0846 04/01/07 04/01/08 COMBINED SINGLE LIMIT X- ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ I SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accidenl) I PROPERTY DAMAGE $ (Per accident) , ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG $ IA ~ESS/UMBRELLA LIABILITY 01UL001273 04/01/07 04/01/08 EACH OCCURRENCE $6 000.000 X OCCUR 0 CLAIMS MADE AGGREGATE $6 000 000 I $ ~ DEDUCTIBLE $ X RETENTION $10000 $ A WORKERS COMPENSATION AND 01WCOOO540 04/01/07 04/01108 X I wc STATU- I 10J~- I EMPLOYERS' UABllITY $500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000 " yes, describe under E.L, DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below IB OTHER Leased or 22MSBE1528 04/01/07 04/01/08 $200,000 Limit Rented Equipment $5,000 Deductible I" " I I I I I I II DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS JOB: Runway 17.35 Safety Overrun Improvements Projects Regional Airport I The Augusta Aviation Commission, its officials, staff and consultants; Augusta, Georgia and the Augusta-Richmond County Commission, its elected I officials, officers, and empoyees; and The LPA Group Incorporated, its I (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I The LPA Group Incorporated DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3..0.- DAYS WRITTEN 700 Huger Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL I Columbia, SC 29201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, I A13RIZED REP~~EST~ ACORD 25 (2001/08) 1 of 3 #M173276 EWB @ ACORD CORPORATION 198 I I staff and consultants are Included as Additional Insureds for General I L1alblity with respect to Insured's work on this project. I ,I ,I ,I ,J ,I ,I ,I ,I ,I ,I ,I ,I ,I I 'I 'I I DESCRIPTIONS (Continued from Page 1) AMS 25.3 (2001/08) 3 of3 #M173276 DISCLAIMER II II II II 11 I I .I I"; I II II II II II I: I II II II II II I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 12001/08) ? nf 1 #M173276 I BEAMSCON ACORD", INSURANCE BINDER DATE 04/04/07 I rHIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF TH!S FO~M. ~RODUCER 1 ~gN.I'o Ext: 800-845-3163 COMPANY BINDERtI I i F~ No' 8037813641 James River Ins Co .4107007 Oavis-Garvin Agency, Inc. DATE EFFECTIVE TIME DAT~XPiRATION TI~~ I PO Box 21627 04/10/07 12:01 X AM 04/10/08 ~12:01 AM 1 Columbia, SC 29221-1627 PM L NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: I :ODE: ~GENCY ':USTOMER 10: INSURED I SUB CODE: DESCRIPTION OF OPERATIONSNEHICLESlPROPERTY (Including Location) II I 4703 Augusta-Richmond County Comm & Augusta Aviation Commission 1501 Aviation Way Augusta, GA 30906 Runway 17-35 Safety Overrun Improvements Project Augusta Regional Airport. Augusta, GA ::;OVERAGES LIMITS II I, $PECIAL CONDITIONSI OTHER ':OVERAGES I "AME & ADDRESS I II I I TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % i AMOUNT I~PERTY CAUSES OF LOSS i BASIC o BROAD 0 SPEC - I . 3ENERAL LIABILITY EACH OCCURRENCE ,$ 5,000,000__,. ~""'C"'- "',,""- UAB"'" DAMAGE TO $ I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ X Owners' Protective PERSONAL & ADV INJURY $ . II ' GENERAL AGGREGATE ,- ; $ 5!000,000 --- _._~ RETRO DATE FOR CLAIMS MADE: PRODUCTS.COM~OPAGG $ I ~OMOB1LE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO I BODILY INJURY (Per person) $ t= ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ - HIRED AUTOS MEDICAL PAYMENTS $ ~ NON.OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ ~UTO PHYSICAL DAMAGE DEDUCTIBLE ~ ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE 8 COLLISION: STATED AMOUNT $ ~ OTHER THAN COL: OTHER ~RAGE LIABILITY AUTO ONLY. EA ACCIDENT e!- _.___u ----. - -,- t ANY AUTO ' OTHER THAN AUTO ONLY: ____d__ ._..._0 -- EACH ACCIDENT $ ,- AGGREGATE $ :XCESS LIABILITY EACH OCCURRENCE ~._.,-- 1-=1 UMBRELLA FORM ----- --- AGGREGATE 1$ --- r OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF.INSURED RETENTION $ WC STATUTORY LIMITS ~-_.._-- WORKER'S COMPENSATION I E.L. EACH ACCIDENT 3---------- AND I I I I I I I I I EMPLOYER'S LIABILITY LEI,. DISE.A~~A EM!,LO~~ $ i E,L, DISEASE. POLICY LIMIT FEES TAXES ....:..!---- ..l..!....- ESTIMATED TOTAL PREMIUM : $ #5130 W MORTGAGEE ~PAYEE I LOAN # i ! I '".js=r~~"S't.... L, NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE EWB ADDITIONAL INSURED ACORD 75 (2001/01) 1 of 2 @ ACORD CORPORATION 199: I I' II I II II II I': I II I I II II II I' I II II II II II I CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500,00. and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001/01) 2 of 2 #5130 I I I I, I I I I I I I I I I I I I I I 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. (NOTICE TO BIDDERS). A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance. When referred to in the plans and specifications, advisory circulars shall have the same force as supplemental specifications. 10-0S AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 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, or apron. 1 0-07 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-08 ASTM. The American Society for Testing and Materials. 1 0-09 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-10 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-11 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other buildings and facilities located thereon. GP-10-1 I I I I I I I I I I I I I I I I I I I 10-22 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. 10-23 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from Standardization Documents - Order Desk, 700 Robbins Avenue, Building 4 - Section D, Philadelphia, Pennsylvania 19111-5094, Telephone (215)697-2197. 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 "directed," "required," "permitted," "ordered," "designated," "prescribed," or words ofthe like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words oflike 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 ofthe 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 work. MA TERIALS. Any substance specified for use in the construction of the contact 10-30 Mil., SPECIFICATION. The Military Specifications and Standards, and indices thereto, are prepared and issued by the Department of Defense. They may be obtained from the same address noted in paragraph 10-23. GP-10-3 I I I I I I I I I I I I I I I I I I I 10-43 SPONSOR. A public agency or a political subdivision of a State in whom rests the title to the airport at which the construction under this contract is to be performed. Political subdivision refers to a County, City, Village, Township, or any combination or authority thereof as provided by law for the construction and operation of airports. The sponsor may also be referred to as the Owner in several parts of the contract. 10-44 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. 10-45 SUBCONTRACTOR. The prequalified (where required) individual, partnership or corporation, or a combination thereof, undertaking the execution of a part of the work under the terms of the contract, by virtue of an agreement with the Contractor approved by the Owner. 1 0-46 SUB GRADE. The soil which forms the pavement foundation. 10-47 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. 10-48 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 ofthe originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-49 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-50 T AXIW A Y. 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. 10-51 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. 10-52 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces ofthe Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 GP-10-5 I I I I I I I I I I I I I I I I I I I SECTIONS 20 AND 30 ARE DELETED REFERENCE SUPPLEMENTARY CONDITIONS SC-5 AND SC-7, RESPECTIVELY I I I I I I I I I I I I I I I I I I I SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent ofthe 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 ofthe contract. 40-02 ALTERA nON OF WORK AND OUANTITIES~ The ownerreserves 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 ifthe altered work had been a part ofthe original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, ifthe Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 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. GP-40-1 I I I I I I I I I I I I I I I I I I I furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Governrnent 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. The Contractor shall make hislher own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 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 hislher 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 ofthe Engineer; or c Use such material for hislher own temporary construction on site; or, GP-40-3 I I I I I I I I I I I I' I I, I I I I I Contractor's vehicles, equipment, and materials may be stored in the area designated on the Plans. Upon completion of the work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Engineer. No special payment will be made for clean up and restoration of the storage area. Space will be allotted by the Engineer for the use of employees of the Contractor and his subcontractor( s) for the daily parking of their automobiles during the construction period. Personal vehicles of employees and vehicles operated by vendors of goods or services will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. END OF SECTION 40 GP-40-S GP-50-1 I I I I I I I I; I I I I I I I I I I I SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part ofthe Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICA nONS. 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 hislher 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 hislher determination that the affected work be accepted and remain in place. In this event, the Engineer will document hislher determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in mslher opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements ofthe contract, plans, and specifications during the Contractor's prosecution ofthe work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion ofthe work. For the purpose ofthis subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in hislher 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. I I I I I I I I 'I I I I I I I I I 'I I The Contractor shall arrange his/herwork 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 ofthe 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. Utilizing the data shown on the plans and/or furnished by the Engineer, 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 offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction. The Contractor shall employ only competent personnel and utilize only suitable equipment in performing layout work. He shall not engage the services of any person or persons in the employ of the Engineer for performance of layout work. Adequate field notes and records shall be kept as layout work is accomplished. These field notes and records shall be available for review by the Engineer as the work progresses and copies shall be furnished to the Engineer at the time of completion ofthe project. Any inspection or checking ofthe Contractor's field notes or layout work by the Engineer 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. The cost of all stakes and the cost of performing layout work as described above shall be included in the contract unit prices for the various items of work to which it is incidental. SO-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction ofthe 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 ofthe contract. SO-08 AUTHORlTY 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 ofthe work and to the preparation, fabrication, or manufacture ofthe 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. SO-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. GP-SO-3 I I I I I I I, I .1 I I I I I I I I I I 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 hislher 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 sub grade 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 ofthe project the Contractor substantially completes a usable unit or portion ofthe work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. Ifthe 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 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. GP-50-5 I I I I I I I I I I ,I I I I I I I I I b Require all warranties to be executed, in writing, for the benefit ofthe Owner. END OF SECTION 50 GP-50-7 I I I I I I I I I I I I I I I I I I I 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 started. 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. 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 ofthe Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative ofthe owner. All materials being used are subj ect 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. In the event that any tests show a failure to meet the requirements of the contract document, the expense of retesting, after substitution or modification by the Contractor, will be at the expense of the Contractor and such costs will be deducted from the payments otherwise due to the Contractor. The Contractor shall give sufficient notification of the placing of orders for materials to permit testing. 60-03 CER TIFICA nON 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. GP-60-1 I I I I I I I I I I I I I I I I I I I 60-05 ENGINEER'S FIELD OFFICE AND LAB ORA TORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property ofthe Contractor when the contract work is completed. 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 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 MA TERlALS. 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 ofthe 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 ofthe work until such time as the Engineer has approved its use in the work. 60-08 OWNER FURNISHED MA TERlALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner- furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 GP-60-3 GP-70-1 I I I I I I I I I I I I I I I I I I I SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LA WS 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 ofthe 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. Ifthe Contractor observes that the drawings and specifications are at variance with any laws, codes, ordinances, and regulations, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work contrary to such laws, codes, ordinances, and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. 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. MATERlALS. 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. Except as indicated on the plans or contract documents, 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 ofthe 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, I I I I I I I I I I I I I I I I I I I 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 LIMIT A nON OF OPERA nONS of Section 80 hereinafter. The Contractor shall provide initial and continuing instructions to all supervisors, employees, subcontractors, and suppliers to enable them to conduct their work in a manner that will provide the maximum safety with the least hindrance to air and ground traffic, the general public, airport employees, and to the workmen employed on the site. All safety provisions specified by the plans and documents or received from the Project Engineer, and those required by laws, codes and ordinances, shall be thoroughly disseminated and rigidly enforced. , 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Governnient 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 150/5340-1F, Marking of Paved Areas on Airports. 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 150/5370-2C, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2C. 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. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. GP-70-3 GP-70-5 I I I I I I I I I I I I I I I I I I I deducted from any money due the Contractor, or if no money is due the Contractor, the Owner shall have the right to recover said sum or sums from the Contractor, from the surety, or from both. The amount of these deductions is to cover liquidated damages to the sponsor incurred by additional and other expenses and damages arising from the incident or incidents caused by the Contractor, and such deductions are not considered as penalties. 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 or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions ofthe contract work for the beneficial occupancy ofthe 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 ofthe work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate ofthe difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner. Upon completion of any portion of the work indicated on the drawing, 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 ofthe work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion ofthe Engineer, such portion ofthe 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 ofthe portion of the work so opened or a waiver of any provision of the contract. Any damage to the GP-70-7 I I I I I I I I I I I I I I I I I I I Prior to commencing the work in the general vicinity of an existing utility service or. facility, the Contractor shall notify each owner of his /her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet 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 (contract) owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 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 ofthe 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 ofthe work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion ofthe work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. I I I I I I I I I I I I I I I I I I I a Control of Water Pollution and Siltation. All work of water pollution and siltation control is subject to inspection by the local and/or state governmental enforcing agent. 2 All applicable regulations of fish and wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance ofthe contract. 3 Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area of erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at anyone time, for this contract, shall be subject to approval ofthe Engineer and the duration of such exposure prior to final trimming and finishing ofthe areas shall be held to the minimum practical. The Engineer shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. 4 Materials used for permanent erosion control measures shall meet the requirements of the applicable specifications. Gravel or stone, consisting of durable particles of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. 5 Where called for on the plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. 6 The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. 7 The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. 8 Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. GP-70-9 I I I I I I I I I I I I I I I I I I I watchman who shall have fire-fighting equipment and tools readily available. c Control of Other Air Pollutants 1 Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the work. GP-70-11 2 Grading areas shall be kept at proper moisture conditions. 3 Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. 4 Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. 5 Aggregate bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. 6 Drilling, grinding, and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems except where otherwise permitted by the Engineer in writing. 7 Applications of chemicals and bitumens shall be held to recommended rates. 8 Bituminous mixing plants shall be equipped with dust collectors as noted in the specifications. 9 Quarrying, batching, and mixing operations and the transfer of materials between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. 10 When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Project Engineer. 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. I I I I I I I I I I I I I I I I I I I 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 ofthe owner, and shall be consummated only on the written approval ofthe Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 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 ofthe 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 priofto the date on which the notice to proceed is issued by the owner. 80-04 LIMIT A TION OF OPERA nONS. 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, GP-80-1 GP-80-3 I I I I I I I I I I I I I I I I I I I 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. The failure to provide adequate labor and equipment may be considered cause for terminating the contract. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date ofthe Engineer's order to suspend work to the effective date ofthe Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration ofthe work performed and provide for normal drainage ofthe work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINA nON AND EXTENSION OF CONTRACT TIME. The number of calendar 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: CONTRACT TIME based on CALENDAR DAYS shall consist ofthe number of calendar days stated in the contract counting from the effective date of the Notice to Proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to I I I I I I I I I I I I I I I I I I I d Discontinues the prosecution of the work, or e Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h Makes an assignment for the benefit of creditors, or For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default ofthe 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 ofthe 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 ofthe 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 ofthe 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 thereofby written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order ofthe 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 I 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. GP-80-5 I I I I I I I I I I I I I I I I I I I 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. 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 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 Contractor shall retain surveyor(s) accompanied and supervised by registered land surveyor( s) in the State where the proj ect is located to provide cross-sectional data to the Engineer to assist him in checking and computation of earthwork quantities. 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 of2,000 pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. GP-90-1 I I I I I I I I I I I I I I I I I I I 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 ofthe 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 ofthe scale, but not less than 1 pound. 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 weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct 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 ofthe 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 ofthe 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 GP-90-3 I I I I I I I I I I I I I I I I I I I scale) for every hour that such labor or foreman is actually engaged in the specified force account work. Such wage (or scale) shall be agreed upon in writing before the beginning of the work. The Contractor shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits, when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work. An amount equal to 15 percent of the sum of the above items will also be paid to the Contractor. b Insurance and Taxes. For property damage, liability, and workmen's compensation insurance premiums, unemployment insurance contributions, and social security taxes on the force account work the Contractor shall receive the actual cost, to which cost (sum) 5 percent will be added. The Contractor shall furnish satisfactory evidence of the rate orrates paid for such insurance and taxes. ,c Materials. For materials accepted by the Engineer and then used, the Contractor shall receive the actual cost of such materials delivered on the work, including transportation charges paid by him (exclusive of machinery rentals as hereinafter set forth), to which cost (sum) 15 percent will be added. d Equipment. For any machinery or special equipment (other than small tools) including fuel and lubricants, plus transportation costs, the use of which has been authorized by the Engineer, the Contractor shall receive the rental rates agreed upon in writing before such work is begun for the actual time that such equipment is committed to the work, to which rental sum 15 percent will be added. e 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. f 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. g 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: GP-90-5 I I I I I I I I I I I I I I I I I I I remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled, if requested. 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 ofhis/her responsibility for furnishing and placing such materials in accordance with the requirements ofthe 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. GP-90-7 I I I I I I I I I I I I I I I I I I I SECTION 00800 SUPPLEMENTARY CONDITIONS The following conditions amend or supplement the referenced "Standard Federal Aviation Administration General Provisions". All provisions which are not so amended or supplemented remain in full force and effect. SECTION 1 0 DEFINITIONS SC-l DELETE THE FOLLOWING DEFINITIONS AND REPLACE WITH THE FOLLOWING DEFINITIONS: DELETE "10-14 CONTRACT"; REPLACE WITH: 10-14 CONTRACT. The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Contract and made a part thereof as provided therein. The term "Agreement" has the same meaning as "Contract". DELETE "10-19 ENGINEER"; REPLACE WITH: 1 0-19 ENGINEER. The person, firm or corporation named as such in the Agreement. DELETE "10-41 SPECIAL PROVISIONS"; REPLACE WITH: 10-41 SUPPLEMENTARY CONDITIONS. The part of the Contract Documents which amends or supplements these Standard FAA General Provisions. DELETE "10-49 SURETY"; REPLACE WITH: 1 0-49 SURETY. The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and his acceptable performance of the work and his payment of all debts pertaining to the work. . DELETE "10-51 WORK"; REPLACE WITH: 10-51 WORK. The entire complete construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. 00800-1 I I I I I I I I I I I I I I I I I I I SC-7 SC-8 The Bidder is expected to carefully examine the site of the proposed work, the bidding requirements, 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 ofthe proposed contract. The submission of a proposal shall be a binding representation 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 attached to these specifications. It is understood and agreed that such subsurface information was obtained andis 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 examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. In preparation of the Drawings and Specifications, ENGINEER has relied upon the explor;1tion and tests of subsurface conditions. REFER TO ARTICLES 16, 17 AND 18 OF THE INSTRUCTIONS TO BIDDERS FOR PROCEDURES FOR AWARD AND SIGNING OF CONTRACTS, AND DISPOSITION OF BID SECU~TY. PERFORMANCE AND OTHER BONDS: a) Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such.other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. b) If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the paragraph SC-8(a). Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 00800-3 I I I I I I I I I I I I I I 'I I I t I 50-16.2 50-16.3 50-16.4 .8 Documentation quantifying the amount of work which is believed to constitute this "changed" work, and the time period and the areas where such work was performed." NOTICE The giving of a timely notice of a potential claim prior to doing work, and the submittal ofthe above listed information for claim evaluation, within 10 days of the completion of the work which is subject of the claim, are both conditions precedent to the making ofthe claim, to recovery thereon, and to the bringing of a legal action for the resolution thereof. RESOLUTION OF CLAIMS AND DISPUTES .1 At the Owner's sole discretion, the ENGINEER may be requested to further review Claims which have been properly preserved as set forth in this section and take one or more ofthe following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Engineer expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Engineer also may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. .2 If a Claim has been resolved, the Engineer will prepare or obtain appropriate documentation. .3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Engineer's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Engineer, (2) modify the initial Claim or (3) notify the Engineer that the initial Claim stands. .4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven days, which decision shall be final and binding on the parties but subiect to arbitration. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARBITRATION 00800-5 I I I I ,I I I I I I II I I I I I I I I. .4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 50-16.3.1 and 50-16.3.4 where applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute oflimitations as determined by Laws ofthe State of Georgia. .5 Limitation on Consolidation or Joinder. No arbitration arising out of or. relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Engineer, their employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Engineer, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, Subcontractor(s) and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or Subcontractor(s) shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. .6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. .7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 00800-7 I I I I I I I I I I I. I I I I I I I I SC-13 DELETE PARAGRAPH 70-11 "RESPONSIBILITY FOR DAMAGE CLAIMS" IN ITS ENTIRETY AND INSERT THE FOLLOWING: 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. 70-11.1 INSURANCE: Contractor shall purchase and maintain such comprehensive general liability, comprehensive automobile liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any ofthem to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: -11.1.1 Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; -11.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; -11.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; -11.1.4 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (b) by any other person for any other reason; -11.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use of resulting therefrom; -11.1.6 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and -11.1.7 Claims for damages because of bodily injury or death of any person. or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 70-11.1 shall include the specific coverage and be written for no less than the limits ofliability and coverage specified in 70-11.3 or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of 00800-9 I I I I I I I I I I I I I I I I I I I (2) Applicable Federal . (e.g. Longshoreman's) (3) Employer's Liability Statutory $1,000,000 B. Commercial General Liability: (1) General Aggregate: $5,000,000 Combined Single Limit (Per Occurrence) (2) The Contractor's Commercial General Liability insurance shall provide coverage for the following: (1) Premises - Operations, (2) Independent Contractors, (3) Products/Completed Operations Hazard, (4) Underground Hazard, (5) Broad Form Property Damage, (6) Explosion and Collapse Hazard, (7) Personal Injury, and (8) Contractual Liability. (3) Products/Completed Operations: $2,000,000 (4) Excess LiabilitylUmbrella $3,000,000 C. Comprehensive Automobile Liability: (1) Bodily Injury and Property Damage: $1,000,000 Combined Single Limit (Per Occurrence) (2) The Contractor's Comprehensive Automobile Liability Insurance shall provide coverage for Bodily Injury and Property Damage Per Occurrence for owned, hired and non-owned vehicles. D. The Augusta Aviation Commission, its officials, staff and consultants; Augusta, Georgia and the Augusta-Richmond County Commission, its elected officials, officers, and employees; and The LP A Group Incorporated, its staff and consultants shall be named as additional insured in the policy. A Certificate of Insurance naming Augusta Aviation Commission as a certificate holder as well as a Certificate of Insurance naming Augusta, Georgia and the Augusta-Richmond County Commission as a certificate holder as well as a Certificate of Insurance naming the LP A Group, Inc. as a certificate holder shall be issued by the Contractor's insurance provider. The Contractor's insurance provider shall edit the Certificate of Insurance standard cancellation clause from"..., the issuing company will endeavor to mail days written notice to the certificate holder..." to "..., the issui~g company will mail 30 days written notice to the certificate holder...". 00800-11 I I I I I I I I I I I I I I I I I I I certificates bear a live signature of a direct representative of a company authorized to do business in Georgia. No certificate will be accepted unless the person signing the certificate certifies, in a separate letter, his exact relationship with the insurance carrier or carriers indicated in the certificate. The Owner may, at his discretion, modify or waive any of the foregoing requirements. No contract of insurance containing a "claims made" insuring agreement will be acceptable unless the Contractor offering such insurance to fulfill the requirements of this Contract agrees that each such contract of insurance shall be renewed for the entire existence of the Contractor, their successors or assigns; and that on termination of such coverage which is not replaced by a similar contract with the required limits of liability, a "tail policy" will be purchased with limits not less than those required by this Contract." 00800-13 SC-14 80-08 FAILURE TO COMPLETE ON TIME: 80-08.1 Liquidated Damages: Liquidated damages for failure to complete all Base Bid work within the Contract time of 55 consecutive calendar days shall be $2,000 per calendar day. This sum is exclusive of additional engineering fees and inspection fees incurred during the period of delay. See paragraph 3.3 of the Contract at page C-2. Liquidated damages for failure to complete all Base Bid plus Additive Bid No.1 work within the total Contract time of 120 consecutive calendar days shall be $500 per calendar day. This sum is exclusive of additional engineering fees and inspection fees incurred during the period of delay. See paragraph 3.3 ofthe Contract at page C- 2. In addition, for not completing all puncblist work as determined by tbe Engineer and tbe Owner at tbe Final Inspection for tbe entire project witbin 30 consecutive calendar days from date oftbe Final Inspection, $500 per day sball be deducted from money due tbe Contractor or bis surety until tbe puncblist items are completed to tbe satisfaction of tbe Owner. SC-15 80-06 TEMPORARY SUSPENSION OF THE WORK: After the last paragraph, add the following new sentences: If the Contractor requests a suspension of the work in whole or part for such period or periods as he may need, due to unsuitable weather or such other conditions as Contractor considers unfavorable for the prosecution of work, or if ordered by OWNER or ENGINEER due to inclement weather or the failure on the part ofthe Contractor to carry out orders given, or to perform any or all provisions of the I I I I I I I I I I I I I I I I I I I SC-17 SC-18 SC-19 SC-20 SC-21 SC-22 CONTRACT TIME Time for completion of the work is as stipulated in Section 01010, Scope of Work and within the stipulated phasing/subphasing requirements as outlined in paragraph 80-08.1 Liquidated Damages of this section (Section 00800) and Section 01010 Scope Of Work. COPIES OF CONSTRUCTION DOCUMENTS ENGINEER will furnish at no charge to Contractor five (5) complete sets of plans and specifications including cross-sections for Contractor's use during construction. One set shall be maintained as the Project Record Documents. Additional sets of plans and specifications or individual sheets of plans will be furnished to Contractor at the cost of reproduction and postage. WAIVER OF LIEN Prior to final payment, the Contractor shall deliver to the Owner complete releases of lien for all labor, materials, and equipment supplied under this Contract. The Contractor shall also supply waivers of lien for all Subcontractors and material suppliers. 90-01 MEASUREMENT OF QUANTITIES DELETE THE FIRST PARAGRAPH AND REPLACE WITH THE FOLLOWING REVISED PARAGRAPH: "90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer (unless specified otherwise), or his/her authorized representatives, using United States Customary Units of Measurement." 90-06 PARTIAL PAYMENTS ADD THE FOLLOWING PARAGRAPH AT THE END OF SECTION 90-06 "This Agreement is intended by the Parties to, and does, supercede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Prompt Pay Act ~ 13~11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Notwithstanding any provision of this contract or Georgia law, Contractor, by execution of this Contract, waives any claim for interest on any sums held as retainage under this Contract. 90-07 PAYMENT FOR MATERIALS ON HAND After Item e of the first paragraph, add the following Item f: f. The value of the delivered material which is to be used in one item of work exceeds $3,000 and is not scheduled to be incorporated into the work within 60 days after delivery. 00800-15 ... I I I I I I I I I I I I I I I I I I I MANDA TORY FEDERAL CONTRACT PROVISIONS REQUIRED BID AND CONTRACT PROVISIONS Section No. FCP Pa2e No. PART 1. PROVISIONS FOR ALL CONSTRUCTION CONTRACTS ................................... 3 1.1 Buy American Preferences ... ............... ............ ........... ..... ........ ..... .......... .... ............ ............ 3 1.2 Buy American Certificate. ... ..... .... ........... ......... ........... ........... ....... .......... ........ ................... 3 1.3 Civil Rights Act Of 1964, Title Vi - Contractor Contractual Requirements...................... 4 1.4 Airport And Airway Improvement Act Of 1982, Section 520 - General Civil Rights Provisi ons............................................................................................................................. ........... 5 1.5 Lobbying And Influencing Federal Employees ..................................................................6 1.6 Access To Records And Reports........................................................................................ 6 1.7 Disadvantaged Business Enterprises..... ........ ...... ....... .............. ...... ........ ................. ............ 6 1.8 Energy Conservation Requirements.. .................... ....................... ....... ...... ......................... 7 1.9 Breach Of Contract Terms. ............ .......... ............. ..... .......... .......... ................. .................... 7 1.10 Rights To Inventions ......... ... .......... .......... ......... ........... .................. .......... ............. .......... .... 8 1.11 Trade Restriction Clause....... ......... .......... ..... ...... .... .... .......... ........ .......... ........ .................... 8 1.12 Veteran's Preference ........... ........... .... ............. .... ....... ........ ... .......... ......... ........ ............. ...... 9 . PART 2. ADDITIONAL PROVISIONS FOR CONSTRUCTION CONTRACTS EXCEED IN G $2,000.................................................................................................................... 10 2.1 Davis Bacon Requirements. ........... ................. ................... .................................. ......... .... 10 PART 3. ADDITIONAL PROVISIONS FOR CONSTRUCTION CONTRACTS EXCEEDING $10,000.. ........................ .......... ...... ........ ...... ...... ... ...... .... .......... .... ............ ... .......... 17 3.1 Equal Employment Opportunity - 41 CFR PART 60-1.4(b)............................................ 17 3.2 Certification Of Nonsegregated Facilities - 41 CFR PART 60-1.8 ................................. 18 3.3 Certification Of Nonsegregated Facilities. ................. ........... ............ ...... .......... ....... ........ 19 3.4 Notice Of Requirement For Affirmative Action - 41 CFR PART 60-2........................... 20 FCP-1 I I I I I I I I I I I I I I I I I I I PART 1. PROVISIONS FOR ALL CONSTRUCTION CONTRACTS 1.1 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, ifthe 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. 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. 1.2 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. FCP-3 I I I I I I I I I I I I I I I I I I I E. 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: 1. Withholding of payments to the contractor under the contract until the contractor complies, and/or 2. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The contractor shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives is'sued 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 ofthe United States. Reference 49 CFRPART 21 AC 150/5100-15 1.4 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 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. FCP-5 I I I I I I I I I I I I I I I I I I I 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 - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within seven 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 Owner. This clause applies to both DBE and non-DBE subcontractors. Reference 49 CFR PART 26 1.8 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). Reference 49 CFRPART 18.36 Public Law 94-163 1.9 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. Reference 49 CFR PART 18.36 FCP-7 I I I I I I I I I I I I I I I I I I I 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. Reference 49 CFRPART 30.13 FAA Order 5100.38 1.12 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. Reference Title 49 U.S.c. 47112(c) Advisory Circular 150/51 00-6d END OF PART 1 FCP-9 I I I I I I I I I I I I I I I I I I I a.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 (A)(2) (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. 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. FCP-l1 I I I I I I I I I I I I I I I I I I I 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: b.1 That the payroll for the payroll period contains the information required to be maintained under paragraph (C)(1) above and that such information is correct and complete; b.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; b.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 (C)(2)(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. 3. The contractor or subcontractor shall make the records required under paragraph (C)(l) 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. FCP-13 I I I I I I I I I I I I I I I I I I I 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. 3. Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR PART 30. E. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR PART 3, which are incorporated by reference in this contract. F. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 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. G. Contract Termination: Debarment. A breach of the contract clauses in paragraphs A through J of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. FCP-15 I I I I I I I I I I I I I I I I I I I PART 3. ADDITIONAL PROVISIONS FOR CONSTRUCTION CONTRACTS EXCEEDING $10,000 3.1 Equal Employment Opportunity - 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: A. 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 payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. 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. C. 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. D. 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. E. 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. F. 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 FCP-17 FCP-19 I I I I I I I I I I I I I I I I I I I of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 3.3 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. Reference Executive Order 11246 41 CFR PART 60 -1.8 AC 150/5100-15, Para. 22.b. I I I I I I I I I I I I I I I I I I I Reference Executive Order 11246 41 CFR Parts 60 - 4 AC 150/5100-15, Para. 22.c. 3.5 Equal Employment Opportunity - 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: A. 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 payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. 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. C. 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. FCP-21 D. 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. E. 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. F. 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, I I I I I I I I I I I I I I I I I I I c. 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 d. 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). B. 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. C. 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. D. The contractor shall implement the specific affirmative action standards provided in paragraphs G.1 through G.16 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 constructi~n 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. E. 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. FCP-23 I I I I I I I I I I I I I I I I I I I 6. 7. 8. 9. Department of Labor. The contractor shall provide notice of these programs to the sources compiled under G.2 above. 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. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such 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 ofthese meetings, persons attending, subject matter discussed, and disposition ofthe subject matter. 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. 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. 10. 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. 11. Validate all tests and other selection requirements where there IS an obligation to do so under 41 CFR PART 60-3. 12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and FCP-25 I I I I I 'I I I I I I I I I I , I I I K. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. L. 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. M. 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. N. 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. O. 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). Reference Executive Order 11246 41 CFR PARTs 60 - 4.3 AC 150/5100-15, Para. .z2.c. FCP-27 I I I I I I I I I I I I I I I I I I I PART 4. ADDITIONAL PROVISIONS FOR CONSTRUCTION CONTRACTS EXCEEDING $25,000 4.1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation! proposal. Reference 49 CFR PART 29 FAA Order 5100.38 END OF PART 4 FCP-29 I I I I I I I I I I I I I I I I I I I Reference 29 CFR PART 5.5 Advisory Circular 150/51 00-6d 5.2 Clean Air And Water Pollution Control 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 (EP A) 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 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 EP A indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EP A 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. Reference 49 CFR PART 18.36(i)(12) Section 306 of the Clean Air Act Section 508 of the Clean Water Act END OF PART 5 FCP-31 I I I I I I I I I I I I I I I I~ I I I Roller Scraper Striping machine operator Tractor (utility) 6.36 8.00 6.26 5.65 TRUCK DRIVERS: Single rear axle Multi rear axle 5.67 6.58 WELDER 11.23 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to'be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On s"4rvey 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. FCP-33 I I I I I I I I I I I I I I I I I I I DIVISION 1 GENERAL REQillREMENTS SECTION 01000 MOBILIZATION PART 1 GENERAL 1.01 DESCRIPTION: 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, General Requirements, and Section 01510 Temporary Facilities 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. Performance bond, labor and materials bond; 4. General Liability Insurance; and 5. All other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site. 1.02 This item also includes all work outside the limits of construction that is necessary to demobilize and restore 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 EXECUTION 3.01 PAYMENT: A. All work covered by this section will be paid for at the contract lump sum price for "Mobilization." B. "The lump sum price bid shall include the furnishing and maintaining of any plant, services, or other facilities noted under "Description" to the extent and at the time the Contractor deems them necessary for his operations, consistent with the requirements of this Item and this Contract. The Mobilization pay item is limited to 10% of the total bid for the entire project for all items of work. Forty percent (40%) of the amount bid for this lump sum Item 01000 "Mobilization" shall be payable to the Contractor when the staging area has been established and all Contractor buildings and other temporary facility requirements are in place and accepted by the Engineer. The remaining sixty percent (60%) of Item 01000 will be payable to the Contractor distributed in each pay estimate based on percentage of Bid Schedule items complete. This is interpreted to mean that 10% of the remaining 60% of Mobilization will be paid when 10% of the Bid Schedule items are complete and accepted by the Engineer, etc. 01000-1 I I I I I I I I I I I I I I I I' I I I SECTION 01010 SCOPE OF WORK 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General Provisions and Supplementary Conditions and Division 1 Specification sections, apply to work ofthis section. 1.02 PROJECT IDENTIFICATION The Project name is "Runway 17-35 Safety Overrun Improvements Project, Augusta Regional Airport, Augusta, Georgia" as shown on the contract documents prepared by THE LPA GROUP, INCORPORATED. Drawings and specifications are dated June, 2006. 1.03 SCOPE OF WORK Base Bid: Regrading of existing Runway 17 overrun area to include Bituminous pavement demolition, removal of existing drainage pipes, removal of two existing runway approach light stations, construction of a crushed aggregate base course access road, installation of new drainage pipe and various erosion control measures. Additive Bid No.1: Clearing and regrading of existing drainage ditch within the limits ofthe glide slope antennae critical area serving the approach to Runway 35, installation of new drainage pipe and inlets and various erosion control measures. 1.04 CONTRACT DOCUMENTS A. Indicate the work ofthe 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: 1. Existing site conditions and restrictions on use of the site. 2. Mandatory access and any staging area, staging and construction phasing. 1.05 SUMMARY BY REFERENCES Work of the Contract can be summarized by references to the Contract, General Provisions, Supplementary Conditions, Specification Sections, Drawings, addenda and modifications to the contract documents issued subsequent to the initial printing ofthis proj ect manual and 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. 1.06 CONSTRUCTION TIME AND PHASING 01010-1 I I I I I I I I I I I I I I I I I I I 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. 1.08 WORK RESTRICTIONS A. NA V AID 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. Radio Communication: Contractor shall maintain two-way radio communication with the Airport air operations personnel, on their frequency, at all times during construction. Contractor shall have a working radio on site at all times during construction and shall assign responsible personnel, including flagmen, to continuously monitor the radio. All radios shall be as specified in Section 01510. C. 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 NOT AM in accordance with established criteria. All requests for NOT AMS for airfield pavement 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 aNA V AID shall be made at least 7 days in advance (not including weekends) by the Contractor to the Engineer D. 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. E. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. F. Haul Route: The Contractor will not be allowed to use any of the existing runways, taxiways, or aprons as part ofthe haul road unless authorized in writing by the Engineer. The Contractor shall be responsible for establishing haul roads suitable for supporting all planned construction equipment for the duration of the project. All existing roads and Contractor established haul routes that will be used as part of the haul road shall be restored to their original condition. Temporary drainage culverts and inlet protection will be necessary to maintain existing drainage. All required fill, base, temporary drainage culverts and inlet protection shall be determined by the Contractor, provided by the Contractor from sources 01010-3 I I I I I I I I I I I I I I I I I I I work for the proj ect arise that cannot be mutually agreed upon in terms of compensation by the Owner and the Contractor, the Owner reserves the right to advertise the additional work for bidding and award the Contract for the additional work, which could place additional multiple contractors working in the same area. All Contractors working on the airport shall coordinate all work and fully cooperate with the Owner regarding concurrent projects. Under no circumstances will any Contractor be allowed to submit a claim for additional compensation to coordinate concurrent work in the same work area. 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 oflack of coordination will not be considered grounds for claim for additional time extensions and/or additional compensations. C. 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. END OF SECTION 01010 01010-5 I I I I I I I I I I I I I I I I I I I PART 1 1.01 1.02 SECTION 01030 AIRPORT PROJECT PROCEDURES (Construction Safety Plan) GENERAL INTRODUCTION: A. This project will include Contractor operations within active Air Operations Areas (AOA). The Airport will conduct normal aircraft operations during the course ofthis 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. B. Any fines or assessments levied against the Sponsor (Owner) as a result of 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$l ,000.00 per incident, assessed by the Sponsor (Owner). 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: The Contractor shall maintain radio communication with Air Traffic Control Tower (ATCT) at all times during construction, and shall immediately obey all instructions to vacate areas when directed. Contractor shall have a working radio as specified in Section 01510 onsite at all times during construction and shall assign responsible personnel to continuously monitor the radio. C. Airfield Pavement Closures: Only the Owner will make closures of airfield pavements. The Owner shall contact the appropriate FAA Flight Service Station prior to issuing the Notice-to-Proceed so that a Notice-to-Airmen (NOT AM) for airfield pavement closure can be issued in accordance with established criteria. Construction operations within the airfield pavement safety zone shall not begin until the Contractor receives clearance from the Owner and/or Engineer assuring that the adjoining airfield pavement has been closed. 01030-1 I I I I I I I I I I I I I I I I I I I 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, and the safety of moving and parked aircraft, and other property during the performance ofthe work. b. The Safety Officer's duties shall include accident prevention. 7. Navigational Aids: Airport navigational aid critical areas are shown on the drawings. The Contractor shall not enter these areas without the Engineer's approval. B. 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 ofthis circular is reproduced and attached herein. Runway and Taxiway Safety Zones: 1. Limitations: When necessary to accomplish construction in areas adjacent to runways and taxiways and aprons, 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: Distance from runway centerline - within 250 feet. Distance from runway end - within 500 feet. Distance from active taxiway centerline - within 100 feet. Runway approach areas - within 20: 1 slope 2. Request for Facility Closures: Construction activities on taxiways or within the above restricted areas shall only be performed at times when the taxiways are closed to aircraft. Closure of a runway or taxiway or any portion thereof must be requested in writing by the Contractor through the Engineer. 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 01030-3 I I I I I I I I I I I I I I I I I I I 1.04 1.05 1.06 1.07 3. Coordination and Communication: Work within and adjacent to active AOAs shall be coordinated with the Engineer prior to commencement of the activity. Work crews in these areas shall be accompanied by the construction superintendent and the resident inspector, both of which shall constantly monitor the Unicom radio frequency at all times during construction activities. SAFETY PLANNING: The Contractor shall integrate and maintain requirements of airport operational safety into each of his planning and work schedules. The Contractor's Safety Officer shall continuously monitor all planning schedules and work underway for compliance to AC 150/5370-2E; he 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. 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 ADA 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. 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. 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 01030-5 I I I o u.s. Department of Transportation Federal Aviation Administration I I I Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION I I 1. THE' PURPOSE OF THIS ADVISORY CIRCULAR (AC). I Aviation safety is the primary consideration at airports, especially during construction. This AC sets forth guidelines for operational safety on airports during construction. It contains major changes to the following areas: "Runway Safety Area," paragraph 3-2; "Taxiway Safety Areas/Object-Free Areas," paragraph 3-3; "Overview," paragraph 3-4; "Marking Guidelines for Temporary Threshold," paragraph 3-5; and "Hazard Marking and Lighting," paragraph 3-9. I I 2. WHAT THIS AC CANCELS. I This AC cancels AC I50/5370-2D, Operational Safety on Airports During Construction, dated May 3 1,2002. 3. READING MATERIAL RELATED TO THIS AC. I I Appendix 1 contains a list of reading materials on airport construction, design, and potential safety hazards during construction, as well as instructions for ordering these documents. Many of them, including this AC, are available on the Federal Aviation Administration (FAA) Web site. I I Cl/Vt CLJ!9 I DAVID L. BENNETT Director, Office of Airport Safety and Standards I I Advisory Circular Date: 1/17/03 Initiated by: AAS-300 AC No: 150/5370-2E Change: 4. WHO THIS AC AFFECTS. This AC assists airport operators in complying with 14 Code of Federal Regulations (CFR), part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, and with the requirements of airport construction projects receiving funds under the Airport Improvement Program or from the Passenger Facility Charge Program. While the FAA does not require noncertificated airports without grant agreements to adhere to these guidelines, we recommend that they do so as it will help these airports maintain a desirable level of operational safety during construction. 5. ADDITIONAL BACKGROUND INFORMATION. Appendix 2 contains definitions ofterms used in this AC. Appendix 3 provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Appendix 4 is a sample Notice to Airmen form. 6. HAZARD LIGHTING IMPLEMENTATION TIME LINE. Supplemental hazard lighting must be red in color by October 1, 2004. See paragraph 3-9 for more information. I iii I 1/17/03 AC 150/5370-2E I CONTENTS I Paraqraph Paqe I CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES ................................................. 1 1-1. Overview. ................. ................ ............. ......... ......... ................. ....... ...... ........ ........ ..... ................... ......... ...... ............ 1 1-2. Who Is Responsible for Safety During Construction. ..............................................................................................1 I C HAPTE R 2. SA F ETY PLAN S ................................................................................................................................ 3 Section 1. Basic Safety Plan Considerations.......................................................................................................3 2-1. Overview. ............... ..... .... ............. .......... ....... ............ ...... ................. ..... ............ ....... .............. ........ .......... ...... ..........3 2-2. Safety Plan Checklist............ ......................... ........ ................. ......... ..................... .................. ...... ............. ...... .........3 Section 2. Safety and Security Measures .............................................................................................................4 2-3 . Overview. ....... ............. ......... ......... ......... .......... ...... ......... ......... ........ ................ ........ ....... ....... ..................... .............4 2-4. Vehicle Operation and Marking and Pedestrian Control..........................................................................................4 2-5. Construction Employee Parking Areas. .............. ................ ............... ............ ..... ...... ........ .............. .............. ..... ....... 5 2-6. Construction Vehicle Equipment Parking. ...............................................................................................................5 2-7. Radio Communication Training. ................. ........ .... ....... ......... ....................... ....... .......... .......... ................ .......... .....5 2-8 . Fencing and Gates. .... ....... ..... .................... ......... ................ ........... ..................... ............ ...... ....................... ............. 5 Section 3. Notification of Construction Activities ................................................................................................ 5 2-9. General. .. .......... .... ......... ....... ......... ........ ......... ........ ...... ......... .......... ................ ........... ....... .... ........... .... .......... .......... 5 2-10. Assuring Prompt Notifications. ................................................................................................................................ 6 2-11. Notices to Airmen (NOT AMs). ................................................................................................................................6 2-12. Aircraft Rescue and Fire Fighting (ARFF) Notification...........................................................................................6 2-13. Notification to the FAA. ...........................................................................................................................................6 2-14. Work Scheduling and Accomplishment. ..................................................................................................................6 I I I I I I CHAPTER 3. SAFETY STANDARDS AND GUIDELINES ...................................................................................... 7 Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas ......................7 3-1. Overview. ............. ........ ............... .......... ..... .......................... ................. ................ ....... .......................... .......... ........ 7 3-2. Runway Safety Area (RSA)/Obstacle-Free Zone (OFZ). ......................................................................................... 7 3-3. Taxiway Safety Areas/Object-Free Areas. ............................................................................................................... 7 Section 2. Temporary Ru nway Th resholds .. ...... ...... ..... .............. ......................................................................... 8 3-4. Overview. ... .......... ........ ............. ......... .... .................... ....... ........... ....... .............. ..................... ....... .................. ......... 8 3-5. Marking Guidelines for Temporary Threshold......................................................................................................... 8 3-6. Lighting Guidelines for Temporary Threshold......................................................................................................... 9 Section 3. Other Construction Marking and Lighting Activities ......................................................................10 3-7 . Overview. ...... ........... ......... .......... ....... .......................... ........ .......... ........................................ ........ ................. ....... 10 3-8. Closed Runway and Taxiway Marking and Lighting. ............................................................................................10 3-9. Hazard Marking and Lighting ................................................................................................................................10 3-10. Construction Near Navigational Aids (NAV AIDs). ...............................................................................................11 3-11. Construction Site Access and Haul Roads..............................................................................................................11 3-12. Construction Material Stockpiling. ......................................................................................................................... 11 3-13. Other Limitations on Construction. ........................................................................................................................11 3-14. Foreign Object Debris (FOD) Management. ..........................................................................................................12 Section 4. Safety Hazards and Impacts .............................................................................................................. 12 3-15 . Overview. ..................................................... ........................ .......................................... ........................ ...... .......... 12 I I I I I I I I 1/17/03 I AC 150/5370-2E I 1-1. OVERVIEW. CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES I Hazardous practices and marginal conditions created by construction activities can decrease or jeopardize operational safety on airports. To minimize disruption of normal aircraft operations and to avoid situations that compromise the airport's operational safety, the airport operator must carefully plan, schedule, and coordinate construction activities. While the guidance in this AC is primarily used for construction operations, some of the methods and procedures described may also enhance day- to-day maintenance operations. I I I 1-2. WHO IS RESPONSIBLE FOR SAFETY DURING CONSTRUCTION. I An airport operator has overall responsibility for construction activities on an airport. This includes the predesign, design, preconstruction, construction, and inspection phases. Additional information on these responsibilities can be found throughout this AC. a. Airport operator's responsibilities-- (1) Develop internally or approve a construction safety plan developed by an outside consultant/contractor that complies with the safety guidelines in Chapter 2, "Safety Plans," and Appendix 3, "Airport Construction Safety Planning Guide," of this AC. I I I (2) Require contractors to submit plans indicating how they intend to comply with the safety requirements of the project. (3) Convene a meeting with the construction contractor, consultant, airport employees, and, if appropriate, tenant sponsor to review and discuss project safety before beginning construction activity. (4) Ensure contact information is accurate for each representative/point of contact identified in the safety plan. (5) Hold weekly or, if necessary, daily safety meetings to coordinate activities. (6) NotifY users, especially aircraft rescue and fire fighting (ARFF) personnel, of construction activity and conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOT AMs) or other methods, as appropriate. Convene a meeting for review and discussion if necessary. (7) Ensure that construction personnel know of any applicable airport procedures and of changes to those procedures that may affect their work. I I I I I I I I (8) Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) Develop and/or coordinate a construction vehicle plan with airport tenants, the airport traffic control tower (A TCT), and construction contractors. Include the vehicle plan in the safety plan. See Chapter 2, section 2, of this AC for additional information. (10) Ensure tenants and contractors comply with standards and procedures for vehicle lighting, marking, access, operation, and communication. (11) At certificated airports, ensure that each tenant's construction safety plan is consistent with 14 CFR part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. (12) Conduct frequent inspections to ensure construction contractors and tenants comply with the safety plan and that altered construction activities do not create potential safety hazards. (13) Resolve safety deficiencies immediately. (14) Ensure construction access complies with the security requirements of 49 CFR part 1542, Airport Security . (15) NotifY appropriate parties when conditions exist that invoke provisions ofthe safety plan (e.g., implementation of low-visibility operations). b. Construction contractor's responsibilities-- (1) Submit plans to the airport operator on how to comply with the safety requirements of the project. (2) Have available a copy ofthe project safety plan. (3) Comply with the safety plan associated with the construction project and ensure that construction personnel are familiar with safety procedures and regulations on the airport. (4) Provide a point of contact who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. (5) Provide a safety officer/construction inspector familiar with airport safety to monitor construction activities. (6) Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. 1 I 1/17/03 I AC 150/5370-2E I CHAPTER 2. SAFETY PLANS I 2-1. OVERVIEW. Section 1. Basic Safety Plan Considerations 2-2. SAFETY PLAN CHECKLIST. I Airport operators should coordinate safety issues with the air carriers, FAA Airway Facilities, and other airport tenants before the design phase of the project. The airport operator should identify project safety concerns, requirements, and impacts before making arrangements with contractors and other personnel to perform work on an airport. These safety concerns will serve as the foundation for the construction safety plan and help maintain a high level of aviation safety during the project. The airport operator should determine the level of complexity of the safety plan that is necessary for each construction project and its phases. The safety plan may be detailed in the specifications included in the invitation for bids, or the invitation for bid may specify that the contractor develop the safety plan and the airport operator approve it. In the latter case, the invitation for bid should contain sufficient information to allow the contractor to develop and determine the costs associated with the safety plan. In either case, safety plan costs should be incorporated into the total cost ofthe project. The airport operator has final approval authority and responsibility for all safety plans. Coordination will vary from formal predesign conferences to informal contacts throughout the duration of the construction project. Details of a specified safety plan, or requirements for a contractor-developed safety plan, should be discussed at the predesign and preconstruction conferences and should include the following, as appropriate: I I I I I I I I a. Actions necessary before starting construction, including defining and assigning responsibilities. I b. Basic responsibilities and procedures for disseminating instructions about airport procedures to the contractor's personnel. I c. Means of separating construction areas from aeronautical-use areas. I d. Navigational aid (NA V AID) requirements and weather. e. Marking and lighting plan illustrations. I f. Methods of coordinating significant changes in airport operations with all the appropriate parties. I I To the extent applicable, the safety plan should address the following: a. Scope of work to be performed, including proposed duration of work. b. Runway and taxiway marking and lighting. c. Procedures for protecting all runway and taxiway safety areas, obstacle-free zones (OFZs), object-free areas (OF As), and threshold citing criteria outlined in AC 150/5300-13, Airport Design, and as described in this AC. This includes limitations on equipment height and stockpiled material. d. Areas and operations affected by the construction activity, including possible safety problems. e. NA V AIDs that could be affected, especially critical area boundaries. f. Methods of separating vehicle and pedestrian construction traffic from the airport movement areas. This may include fencing off construction areas to keep equipment operators in restricted areas in which they are authorized to operate. Fencing, or some other form of restrictive barrier, is an operational necessity in some cases. g. Procedures and equipment, such as barricades (identify type), to delineate closed construction areas from the airport operational areas, as necessary. h. Limitations on construction. i. Required compliance of contractor personnel with all airport safety and security measures. j. Location of stockpiled construction materials, construction site parking, and access and haul roads. k. Radio communications. I. Vehicle identification. m. Trenches and excavations and cover requirements. 3 I 1/17103 I such as construction drivers under escort, may not require this training. g. Escort procedures for construction vehicles requiring access to aircraft movement areas. A vehicle in the movement area must have a working aviation-band, two-way radio unless it is under escort. Vehicles can be in closed areas without a radio if the closed area is properly marked and lighted to prevent incursions and a NOT AM regarding the closure is issued. h. Monitoring procedures to ensure that vehicle drivers are in compliance with the construction vehicle plan. i. Procedures for, if appropriate, personnel to control access through gates and fencing or across aircraft movement areas. I I I I I 2-5. CONSTRUCTION EMPLOYEE PARKING AREAS. I Designate in advance vehicle parking areas for contractor employees to prevent any unauthorized entJy of persons or vehicles onto the airport movement area. These areas should provide reasonable contractor employee access to the job site. I 2-6. CONSTRUCTION VEHICLE EQUIPMENT PARKING. I Construction employees must park and service all construction vehicles in an area designated by the airport operator outside the runway safety areas and OFZs and never on a closed taxiway or runway. Employees should also park construction vehicles outside the OF A when not in use by construction personnel (e.g., overnight, on weekends, or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the A TCT to any taxiways or runways under air traffic control nor obstruct any runway visual aids, signs, or navigational aids. The FAA must also study those areas to determine effects on 14 CFR part 77, Objects Affecting Navigable Airspace, surfaces (see paragraph 2-13 for further information). I I I I 2-7. RADIO COMMUNICATION TRAINING. I The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement I AC 150/5370-2E areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without A TCTs. Training of contractors on proper communication procedures is essential for . maintaining airport operational safety. When operatmg vehicles on or near open runways or taxiways, construction personnel must understand the critical importance of maintaining radio contact with airport operations, A TCT, or the Common Traffic Advisory Frequency, which may include UNICOM, MULTI COM, or one of the FAA Flight Service Stations (FSS), as directed by airport management. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the A TCT, escort, flagman, signal light, or other means appropriate for the particular airport. Vehicle drivers must confirm by personal observation that no aircraft is approaching their position when given clearance to cross a runway: In . addition, it is the responsibility ofthe escort vehicle dnver to verify the movement/position of all escorted vehicles at any given time. Even though radio communication is maintained, escort vehicle drivers must also familiarize themselves with A TCT light gun signals in the event of radio failure (see the FAA safety placard "Ground Vehicle Guide to Airport Signs and Markings"). This safety placard may be ordered through the Runway Safety Program Web site at http://www.faarsp.org or obtained from the Regional Airports Division Office. 2-8. FENCING AND GATES. Airport operators and contractors must take care to maintain a high level of safety and security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and people (especially minors). Procedures should be in place to ensure that only authorized persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another person or vehicle. The Department of Transportation (DOT) document DOTIF AA/ AR-OO/52, Recommended Security Guidelines for Airport Planning and Construction, provides more specific information on fencing. A copy ofthis document can be obtained from the Airport Consultants Council, Airports Council International, or American Association of Airport Executives. 2-9. GENERAL. Section 3. Notification of Construction Activities I In order to maintain the desired levels of operational safety on airports during construction activities, the safety I I plan should contain the notification actions described below. 5 I 1/17/03 I AC 150/5370-2E CHAPTER 3. SAFETY STANDARDS AND GUIDELINES I I 3-1. OVERVIEW. Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas I Airport operators must use these safety guidelines when preparing plans and specifications for construction activities in areas that may interfere with aircraft operations. The safety plan should recognize and address these standards for each airport construction project. However, the safety plan must reflect the specific needs of a particular project, and for this reason, these safety guidelines should not be incorporated verbatim into project specifications. For additional guidance on meeting safety and security requirements, refer to the planning guide template included in Appendix 3 of this AC. I I I 3-2. RUNWAY SAFETY AREA (RSA)/ OBSTACLE-FREE ZONE (OFZ). I A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway (see AC 150/5300-13, Airport Design). Construction activities within the standard RSA are subject to the following conditions: I I a. Runway edges. (1) No construction may occur closer than 200 feet (60m) from the runway centerline unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA width available during construction, or 400 feet, whichever is less (see AC 150/5300-13, Tables 3-1 through 3-3). (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- B. I I I (3) The airport operator must coordinate the construction activity in the RSA as permitted above with the A TCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOT AM. I b. Runway ends. (1) An RSA must be maintained of such dimensions that it extends beyond the end of the runway a distance equal to that which existed before construction activity, unless the runway is closed or restricted to aircraft operations for which the reduced RSA is adequate (see AC 150/5300-13). The temporary use of declared distances and/or partial runway closures may help provide the necessary RSA. I I I I In addition, all personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13.1 Consult with the appropriate FAA Regional Airports Division Office or Airports District Office to determine the appropriate approach surface required. (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The safety plan must provide procedures for ensuring adequate distance for blast protection, if required by operational considerations. (4) The airport operator must coordinate construction activity in this portion ofthe RSA with the A TCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOT AM. c. Excavations. (1) Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. (2) Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. Ifthe runway must be opened before excavations are backfilled, cover the excavations appropriately. Coverings for open trenches or excavations must be of sufficient strength to support the weight of the heaviest aircraft operating on the runway. 3-3. TAXIWAY SAFETY AREAS/OBJECT- FREE AREAS. a. Unrestricted construction activity is permissible adjacent to taxiways when the taxiway is restricted to aircraft such that the available taxiway safety area is equal lIf a full safety area cannot be obtained through declared distances and partial closures, or other methods such as alternate runway use, construction activity may operate in the RSA as long as conditions cited in paragraph 3-lb(2) thru (4) are met. In addition, various surfaces outlined in AC 150/5300-13 and Terminal Instrument Procedures (TERPS) must be protected through an aeronautical study. 7 I 1/17/03 I materials that would minimize damage to an aircraft in the event of inadvertent contact. I (1) Pavement markings for temporary closed portions of the runway should consist of yellow chevrons to identify pavement areas that are unsuitable for takeoff/landing (see AC 150/5340-1). If unable to paint the markings on the pavement, construct them from any of the following materials: double-layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. I I I (2) It may be necessary to remove or cover runway markings, such as runway designation markings and aiming point markings, depending on the length of construction and type of activity at the airport. (3) When threshold markings are needed to identify the temporary beginning of the runway that is available for landing, use a white threshold bar ofthe dimensions specified in AC 150/5340-1. (4) If temporary outboard elevated or flush threshold bars are used, locate them outside ofthe runway pavement surface, one on each side of the runway. They should be at least 10 feet (3m) in width and extend outboard from each side ofthe runway so they are clearly visible to landing and departing aircraft. These threshold bars are white. If the white threshold bars are not discernable on grass or snow, apply a black background with appropriate material over the ground to ensure the markings are clearly visible. (5) A temporary threshold may also be marked with the use of retroreflective, elevated markers. One side of such markers is green to denote the approach end of the runway; the side that is seen by pilots on rollout is red. See AC 150/5345-39, FAA Specification L- 853, Runway and Taxiway Retrorejlective Markers. (6) At 14 CFR part 139 certificated airports, temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR part 139.309). However, at non certificated airports, the temporary elevated threshold markings may either be mounted with a frangible fitting or be flexible. See AC 150/5345-39. I I I I I I I I I b. The application rate of the paint to mark a short- term temporary runway threshold may deviate from the standard (see Item P-620, "Runway and Taxiway Painting," in AC 150/5370-10, Standards for Specifying Construction of Airports), but the dimensions must meet the existing standards, unless coordinated with the appropriate offices. I I c. When a runway is partially closed, the distance remaining signs for aircraft landing in the opposite direction should be covered or removed during the construction. I I AC 150/5370-2E 3-6. LIGHTING GUIDELINES FOR TEMPORARY THRESHOLD. A temporary runway threshold must be lighted ifthe runway is lighted and it is the intended threshold for night landings or instrument meteorological conditions. We recommend that temporary threshold lights and related visual NA V AIDs be installed outboard of the edges of the full-strength pavement with bases at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above ground. When any portion of a base is above grade, place properly compacted fill around the base to minimize the rate of gradient change so aircraft can, in an emergency, cross at nonnallanding or takeoff speeds without incurring significant damage (see AC 150/5370-10). We recommend that the following be observed when using temporary runway threshold lighting: 3. Maintain threshold and edge lighting color and spacing standards as described in AC 150/5340-24, Runway and Taxiway Edge Lighting System. Battery-powered, solar, or portable lights that meet the criteria in AC 150/5345-50, Specificationfor Portable Runway Lights, may be used. These systems are intended primarily for visual flight rules (VFR) aircraft operation but may be used for instrument flight rules (IFR) aircraft operations, upon individual approval from the Flight Standards Division of the applicable FAA Regional Office. b. When the runway has been partially closed, disconnect edge and threshold lights with associated isolation transfonners on that part ofthe runway at and behind the threshold (Le., the portion of the runway that is closed). Alternately, cover the light fixture in such a way as to prevent light leakage. Avoid removing the lamp from energized fixtures because an excessive number of isolation transfonners with open secondaries may damage the regulators and/or increase the current above its nonnal value. c. Secure, identify, and place any temporary exposed wiring in conduit to prevent electrocution and fire ignition sources. d. Reconfigure yellow lenses (caution zone), as necessary. If the runway has centerline lights, reconfigure the red lenses, as necessary, or place the centerline lights out of service. e. Relocate the visual glide slope indicator (VGSI), such as V ASI and P API; other airport lights, such as REIL; and approach lights to identify the temporary threshold. Another option is to disable the VGSI or any equipment that would give misleading indications to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates the VGSI, 9 I 1/17/03 I orange and white flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so they are always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades may be many different shapes and made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels. During reduced visibility or night hours, supplement the barricades with red lights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1,2004). The intensity of the lights and spacing for barricade flags and lights must adequately and without ambiguity delineate the hazardous area. I I I I b. Movement areas. I Use orange traffic cones; red lights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004); collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate all construction/maintenance areas from the movement area. All barricades, temporary markers, and other objects placed and left in safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above the ground. Do not use nonfrangible hazard markings, such as concrete barriers and/or metal-drum-type barricades, in aircraft movement areas. Do not use railroad ties on runways. Use highly reflective barriers with flashing or steady- burning red lights to barricade taxiways leading to closed runways. Evaluate all operating factors when determining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period of time. However, we strongly recommend that, even for closures of relatively short duration, major taxiway/runway intersections be identified with barricades spaced no greater than 20 feet (6m) apart. Mark the barricades with a flashing or steady-burning red light. At a minimum, use a single barricade placed on the taxiway centerline. I I I I I I I I 3-10. CONSTRUCTION NEAR NAVIGATIONAL AIDS (NA V AIDS). I Construction activities, materials/equipment storage, and vehicle parking near electronic NA V AIDs require special consideration since they may interfere with signals essential to air navigation. Evaluate the effect of construction activity and the required distance and direction from the NA V AID for each construction project. Pay particular attention to stockpiling material, as well as I I I AC 150/5370-2E to movement and parking of equipment that may interfere with line of sight from the A TCT or with electronic emissions. Interference from construction may require NA V AID shutdown or adjustment of instrument approach minimums for IFR. This condition requires that a NOT AM be filed. Construction activities and materials/equipment storage near aNA V AID may also obstruct access to the equipment and instruments for maintenance. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near aNA V AID, consult with the nearest FAA Airway Facilities Office. 3-11. CONSTRUCTION SITE ACCESS AND HAUL ROADS. Determine the construction contractor's access to the construction sites and haul roads. Do not permit the construction contractor to use any access or haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airport operator for evaluation and approval as part of the safety plan before beginning construction activities. These proposed routes must also provide specifications to prevent inadvertent entry to movement areas. Pay special attention to ensure that ARFF right of way on access and haul roads is not impeded at any time and that construction traffic on haul roads does not interfere with NA V AIDs or approach surfaces of operational runways. 3-12. CONSTRUCTION MATERIAL STOCKPILING. Stockpiled materials and equipment storage are not permitted within the RSA and OFZ of an operational runway. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. This includes determining and verifYing that materials are stored at an approved location to prevent foreign object damage and attraction of wildlife. 3-13. OTHER LIMITATIONS ON CONSTRUCTION. Contractors may not use open-flame welding or torches unless adequate fire safety precautions are provided and the airport operator has approved their use. Under no circumstances should flare pots be used within the AOA at any time. The use of electrical blasting caps must not be permitted on or within 1,000 feet (300m) of the airport property (see AC 150/5370-10, Standards for Specifying Construction of Airports). 11 I 1/17103 I that could be distracting, confusing, or alarming to pilots during aircraft operations. I s. Water, snow, dirt, debris, or other contaminants that temporarily obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. I I t. Spillage from vehicles (gasoline, diesel fuel, oil, etc.) on active pavement areas, such as runways, taxiways, ramps, and airport roadways. I u. Failure to maintain drainage system integrity during construction (e.g., no temporary drainage provided when working on a drainage system). I I I I I I I I I I I I I AC 150/5370-2E v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the contractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or fire ignition hazard. IdentifY and secure wiring, and place it in conduit or bury it. y. Site burning, which can cause possible obscuration. z. Construction work taking place outside of designated work areas and out of phase. 13 I 1/17/03 I AC 150/5370-2E APPENDIX 1. RELATED READING MATERIAL I 1. Obtain the latest version of the following free publications from the FAA on its Web site at http://www.faa.gov/arp/. In addition, these ACs are available by contacting the u.s. Department of Transportation, Subsequent Distribution Office, SVC- 121.23, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785. I I a. AC 150/5200-28, Notices to Airmen (NOTAM) for Airport Operators. Provides guidance for the use of the NOT AM System in airport reporting. I I b. AC 150/5200-30, Airport Winter Safety and Operations. Provides guidance to airport owners/operators on the development of an acceptable airport snow and ice control program and on appropriate field condition reporting procedures. I c. AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports. Provides guidance on locating certain land uses having the potential to attract hazardous wildlife to public-use airports. I d. AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an A irport. Provides guidance, specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. I I e. AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection. Provides guidance for the selection of a water source and standards for the design of a distribution system to support aircraft rescue and fire fighting service operations on airports. I I f. AC 150/5340-1, Standards for Airport Markings. Contains FAA standards for markings used on airport runways, taxiways, and aprons. I g. AC 150/5340-14B, Economy Approach Lighting Aids. Describes standards for the design, selection, siting, and maintenance of economy approach lighting aids. I I I I I h. AC 150/5340-18, Standards for Airport Sign Systems. Contains FAA standards for the siting and installation of signs on airport runways and taxiways. i. AC 150/5345-28, Precision Approach Path Indicator (P API) Systems. Contains the FAA standards for P API systems, which provide pilots with visual glide slope guidance during approach for landing. j. AC 150/5380-5, Debris Hazards at Civil Airports. Discusses problems at airports, gives information on foreign objects, and explains how to eliminate such objects from operational areas. k. AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace. Provides information to persons proposing to erect or alter an object that may affect navigable airspace and explains the need to notify the FAA before construction begins and the FAA's response to those notices, as required by 14 CFR part 77. 2. Obtain copies of the following publications from the Superintendent of Documents, u.S. Government Printing Office, Washington, DC 20402. Send a check or money order made payable to the Superintendent of Documents in the amount stated with your request. The Government Printing Office does not accept C.O.D. orders. In addition, the FAA makes these ACs available at no charge on the Web site at http://www.faa.gov/arp/. a. AC 150/5300-13, Airport Design. Contains FAA standards and recommendations for airport design, establishes approach visibility minimums as an airport design parameter, and contains the object-free area and the obstacle free-zone criteria. ($26. Supt. Docs.) SN050-007-0 1208-0. b. AC 150/5370-10, Standards for Specifying Construction of Airports. Provides standards for construction of airports. Items covered include earthwork, drainage, paving, turfing, lighting, and incidental construction. ($18. Supt. Docs.) SN050-007- 0821-0. A-1 I 1/17103 I AC 150/5370-2E APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE I Aviation Safety Requirements During Construction I PURPOSE. This appendix provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project. Adapt this appendix, as applicable, to specific conditions found on the airport for which the plan is being developed Consider including a copy of this safety plan in the construction drawings for easy access by contractor personnel. Plans should contain the following: I I 1. GENERAL SAFETY REQUIREMENTS. I Throughout the construction project, the following safety and operational practices should be observed: · Operational safety should be a standing agenda item during progress meetings throughout the construction project. · The contractor and airport operator must perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. · Airport runways and taxiways should remain in use by aircraft to the maximum extent possible. · Aircraft use of areas near the contractor's work should be controlled to minimize disturbance to the contractor's operation. · Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. I I I I I I · Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions must be performed when the runway, taxiway, or apron is closed or use-restricted and initiated only with prior permission from the airport operator. · The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. I I I I 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. I Before beginning any construction activity, the contractor must, through the airport operator, give notice [using the I Notice to Airmen (NOTAM) System] of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOT AM System. Throughout the duration of the construction project, the contractor must- a. Be aware of and understand the safety problems and hazards described in AC 150/5370-2, Operational Safety on Airports During Construction. b. Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any ofthe references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions. d. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface over equipment and materials. (Refer to Appendix 2 in AC 150/5300-13, Airport Design, for guidance in this area.) 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA AND TSA). Limit construction to outside ofthe approved RSA, as shown on the approved airport layout plan-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA that is equal to the RSA available during construction (see AC 150/5370-2 for exceptions). Construction activity within the TSA is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; evacuations, trenches, or other conditions are conspicuously marked and lighted; and local NOT AMs are in effect for the activity (see AC 150/5300-13 for wingtip clearance requirements). The NOT AM should state that, "personnel and equipment are working adjacent to Taxiway _." a. Procedures for protecting runway edges. . Limit construction to no closer than 200 feet (60m) from the runway centerline-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA A-3 I 1/17/03 I AC 150/5370-2E Complete the following chart to determine the area that must be protected before the runway threshold: I I I I : FEET _: 1 to (threshold) : FEET _: 1 to (threshold) : FEET _: 1 to (threshold) : FEET _: 1 to (threshold) I *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway. 5. MARKING AND LIGHTING FOR TEMPORARY THRESHOLDS. I Marking and lighting for a temporary threshold is -"is not_ required. The airport owner or contractor, as specified in the contract, will furnish and maintain markings for temporary thresholds. Precision approach path indicators (PAPls) or runway end identification lights (REIL) are-"are not_ required. The airport owner or contractor, as specified in the contract, will furnish and install all temporary lighting. Include appropriate items per AC 150/5370-2, Chapter 3, "Safety Standards and Guidelines." Ifmarking and lightingfor the temporary threshold is not required, delete this section of the safety plan. Ifvisual aids and/or markings are necessary, provide details. (Include applicable 14 CFR part 77 surfaces in the contract documents.) I I I I 6. CLOSED RUNWAY MARKINGS AND LIGHTING. I The following must be specified for closed runways. Closed runway marking are -"are not_ required. Closed runway markings will be as shown on the plans -"as furnished by the airport owner-"other_ (specifY). Barricades, flagging, and flashers are -"are not_required at Taxiway_ and Runway_and will be supplied by the airport -"other_(specifY). I I 7. HAZARDOUS AREA MARKING AND LIGHTING. I Hazardous areas on the movement area will be marked with barricades, traffic cones, flags, or flashers (specifY). These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, identifY hazardous areas with red flashing or steady-burning lights (specifY). The hazardous area marking and lighting will be supplied by I I I the airport operator/contractor, as specified in the contract, and will be depicted on the plans. 8. TEMPORARY LIGHTING AND MARKING. Airport markings, lighting, and/or signs will be altered in the following manner (specifY) during the period from to _' The alterations are depicted on the plans. 9. VEHICLE OPERATION MARKING AND CONTROL. Include the following provisions in the construction contract, and address them in the safety plans: 3. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and properly identified. To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome-type light, the color of which is in accordance with local or state codes. b. It may be desirable to clearly identifY the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be at minimum 8-inch (20-cm) block-type characters of a contrasting color and easy to read. They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, vehicles must display identification media, as specified in the approved security plan. (This section should be revised to conform to the airport operator's requirements.) A-5 ~' I I I l l I I ~ I t I I: I I I I I SECTION 01035 WEATHER DELAYS PART 1 - GENERAL 1.01 EXTENSIONS OF CONTRACT TIME: A. Ifthe basis exists for an extension oftime in accordance with General Provisions 80- 07, an extension oftime on the basis of weather may be granted only for the number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for the entire construction duration of each phase as a whole. 1.02 STANDARD BASELINE FOR AVERAGE CLIMATIC RANGE: A. The Owner has reviewed weather data available from the National Oceanic and Atmospheric Administration (NOAA) and determined a Standard Baseline of average climatic range for the Augusta Airport - WSO. B. Standard Baseline shall be regarded as the normal and anticipatory number of calendar days for each month during which construction activity shall be expected to be prevented and suspended by cause of precipitation in excess of one-tenth inch (0.10") liquid measure. Suspension of construction activity for the number of days each month as listed in the Standard Baseline is included in the Work and is not eligible for extension of Contract Time. C. Standard Baseline (based upon precipitation in excess of one-tenth inch (0.10") liquid measure) established for this contract is as follows: Jan 7 Feb 6 Apr 5 Mav Jun 5 7 Jul 7 Aug 7 Sept Oct 5 4 Nov Dec 4 6 Mar 7 1.03 ADVERSE WEATHER AND WEATHER DELAY DAYS: A. Adverse Weather is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within twenty-four (24) hours: 1. precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10") liquid measure; 2. temperatures which do not rise above 32 degrees F by 10:00 a.m.; 3. temperatures which do not rise above that specified for the day's construction activity by 10:00 a.m., if any is specified; 4. sustained wind in excess of twenty-five (25) m.p.h.; 5. standing snow in excess of one inch (1.00"); 01035-1 01035-3 For example: 1. If the total number of standard baseline days for a Phase is forty one (41) days and there are thirty six (36) days with precipitation in excess of one tenth inch (0.10") liquid measure and ten (10) weather delay days, giving a total of forty six (46) rain and weather delay days. This would amount to five (5) days in excess ofthe total baseline days for that Phase. Five (5) additional days will be added to the time for that Phase. 2. If the total standard baseline for a Phase is forty one (41) days and there are twenty (28) days with precipitation in excess of one tenth inch (0.10") liquid measure and nine (9) weather delay days, giving a total of thirty seven (37) rain and weather delay days. This would amount to four (4) days better than the total baseline days for that Phase. Four (4) days will be deducted from the time for that Phase. Baseline days will be prorated when partial months are a part of a phase/stage or the overall contract time. For example: 1. If the contract or a phase begins on April 11, including April 11, there are twenty (20) calendar days remaining in April. Twenty (20) remaining calendar days divided by thirty (30) total calendar days in April equals 0.6667. Six (6) total baseline days established for April multiplied times 0.6667 equals four (4) baseline days for the remaining twenty calendar days in April. Section 01035, Weather Delays establishes an anticipated number of days of lost construction time for each month. 1. To calculate any liquidated damages for a phase/stage that is not completed on time, the number of baseline days for the actual total construction time for that phase/stage will be calculated from the standard baseline. 2. The number of weather delay days for the actual total construction time for that phase/stage will be calculated. 3. The difference in weather delay days and baseline days will then be calculated. Months that have less weather delay days than baseline days will result in a negative number. 4. The resulting difference will then be added to the contract time for the phase/stage. 5. The difference in the actual total construction time and the contract time plus weather delay days in excess of the baseline for that phase/stage will determine if and what the actual amount of liquidated damages for that phase/stage will be. 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